Terms and Conditions

By engaging the services of Brittney Rossie LLC. (hereafter referred to as “Brittney Rossie” or “BRLLC”), you certify that you have read and agree to the following Terms and Conditions.

 

Client Role and Acknowledgements

A Home Shoot may include photo, video or both of the following areas, where applicable.

All rooms must be accessible and camera-ready. Rooms that are not accessible or camera-ready will not be included in the shoot. Footage of other spaces or amenities is available for an additional fee. A reshoot fee may be assessed if the photographer must return to the property to shoot spaces that were inaccessible or not camera-ready during the shoot.

  • Exterior front of home
  • Exterior rear of home
  • Backyard (shot from house)
  • Deck or patio that is attached to house
  • Foyer
  • Living room
  • Dining room
  • Kitchen
  • Den/Bonus room
  • Home office
  • Each bedroom
  • Each full bath and half-bath
  • Home office
  • Laundry room
  • Finished basement  (Brittney Rossie does not routinely capture unfinished basements)

Scheduling

Please be aware that photographers typically have several appointments in a row. To prevent delays, we ask that all listings be camera-ready at the scheduled time. There will be a cancellation fee if the photographer arrives at the listing and is unable to complete the shoot due to lack of access, property not being ready, etc.

  • Please be aware that the photographer is not permitted to clean, dust, move furniture, or otherwise stage the home.
  • Several days before your shoot, please verify that any work on the home has been completed and that no one except the agent is scheduled to be present during the shoot. If the listing is new construction, please verify that the punch list has been completed. Photographer will not shoot homes where work is incomplete or contractors are on the property.
  • If you have booked a video shoot, please be aware that no people or pets can be on the property during the shoot. This is due to the wide angle of the lens and pathing process required for video. If people or pets are on the property when the artist arrives, the shoot will have to be cancelled or rescheduled.
  • If you will be meeting the photographer at the property, please plan to arrive at least 15 minutes early to complete your Photo Ready Checklist and ensure that no one is at the property.

Photo Ready Checklist

OUTSIDE

  • Mow the lawn, trim shrubs, and tidy the landscaping.
  • Move cars out of sight (e.g., into the garage or in front of a neighbor’s house).
  • Place trash cans, bikes, toys, and other clutter out of sight.

INSIDE

  • Turn on all lights.
  • Turn off fans.
  • Close toilet seat lids.
  • Open blinds and curtains.
  • Hide or remove any furniture or objects that will get in the photographer’s way as she moves through the home. Make sure that all doors open freely and that each room is camera-ready from all angles.
  • Replace any burned-out light bulbs and turn on all lights. Better lighting means better results!
  • Less is more. Remove clutter and knicknacks from flat surfaces (tables, shelves, etc.) and store excess furniture. Put away toys, books, and other personal items.
  • Clean kitchen counters and hide small appliances such as toasters or coffee makers.
  • Remove magnets from the refrigerator.
  • In bathrooms, clean mirrors and counters.
  • Close toilet seats.
  • Empty or hide all indoor trash cans.
  • Your photographer will shoot photos with an ultra-wide lens. Please plan to be in a different room or on a different floor to avoid being in the shot.

PETS

  • For everyone’s safety, please secure all pets during your shoot. If a photographer arrives to find any unsecured pets, the shoot may be cancelled or rescheduled and a cancellation/rescheduling fee assessed.
  • Hide pet equipment and paraphernalia such as litter boxes, food bowls, beds, and toys. Some home buyers have pet allergies and will reject a home without visiting it if they see evidence of pets.

Terms & Conditions

  1. Definitions
    1. For the purposes of this Agreement, the following terms shall have the following meaning:
      1. Image(s) means all photographs, or video recordings taken or recorded by the photographer pursuant to this Agreement, together with all copies of such photographs or other images as saved in any medium, including the negatives of such photographs, any electonic files in which the photographs or other images are included, and any other computer code using any such photographs or other images and any derivative works of such photographs or other images.
      2. Prior Image(s) means all photographs, or video recordings taken or recorded by the photographer prior to this Agreement, together with all copies of such photographs or other images as saved in any medium, including the negatives of such photographs, any electonic files in which the photographs or other images are included, and any other computer code using any such photographs or other images and any derivative works of such photographs or other images.
  2. Ownership of Completed Works
    1. Rights to the finished assembled work of images and video produced by the photographer shall be vested to the Client for use in the MLS system (MRIS) and other marketing pieces upon final payment for the project. This right is to include full use of photo and video. 
    2. Intellectual property rights and copyright to photos and videos are specifically not transferred to the Client, and remain the property of Brittney Rossie. The photographer and  subcontractors retain the right to display all creative work as examples of their work in their respective portfolios.
  3. Usage. Usage rights are granted to the person, agent, brokerage or other legal entity making payment for Brittney Rossie's services (“You”). If any other person, agent, brokerage or legal entity wishes to make use of content created under these terms, it is the responsibility of said person, agent, brokerage or legal entity to obtain express written consent for such usage, in writing, from Brittney Rossie LLC, unless otherwise provided here. You are authorized to use said content produced for you by Brittney Rossie for purposes of promoting your own real estate business and/or the listing(s), brokerage(s), and/or business(es) featured in said content. This authorization is non-exclusive, non-transferable, covers all territories and media, and is for an unlimited time on websites owned by you. You may authorize third-party websites such as, but not limited to, Multiple Listing Service (MLS) or real estate listing portal websites to display said content solely for the purpose of advertising the subject listing, for as long as said listing is actively listed for sale by you. Any authorization to third-party websites will automatically expire once said listing is no longer available for sale or any relevant listing agreement signed by you has ended, whichever comes first. You may not sell content created under these terms or usage rights thereto to any third party or copy, modify, reproduce, or create derivative works from said photo(s) or video(s), unless you first obtain the express written consent of Brittney Rossie LLC for such usage.
  4. Payment
    1. Payment is due in full at the time of booking. Payment indicates acceptance of and agreement to all Terms and Conditions outlined here. Usage rights will not be granted until full payment is received.
  5. Assignment of Project
    1. The Photographer reserves the right to assign certain team members to this project to insure the right fit for the job as well as on-time completion. The photographer warrants all work completed by subcontractors for this project. When subcontracting to a team member is required, the photographer will only use trained photographers.
  6. Cancellation
    1. Changes or cancellations less than 48 hours prior to shoot time will incur a change/cancellation fee. Changes to the content of a shoot (e.g., addition of features) may require rescheduling and will incur additional fees. It is the primary shoot contact’s responsibility to monitor weather, readiness of the property, and/or any other factors that may affect Brittney Rossie’s ability to complete the shoot. Brittney Rossie and her photographers will not shoot properties that are not camera-ready.
      1. Photographer reserves the right to cancel upon arrival if the property is not photo ready at the agreed appointment time with a $75 cancellation fee. 
      2. Photographer reserves the right to cancel upon arrival if she deems herself or the property unsafe with a $75 cancellation fee.
      3. Client reserves the right to reschedule or cancel 48 hours in advance of the time of the scheduled shoot. 
      4. Client reserves the right to cancel within 48 hours of the the agreed appointment time with a $75 cancellation fee.  
      5. Force Majuere

        1. In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment, or interruption of transportation facilities, threats, or acts of terrorism, State Department travel advisory, labor strike, or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

  7. Releases, Licenses, and Authorizations. 

    1. By contracting with Brittney Rossie LLC to produce photo(s), video(s), and/or 3D content, you certify that you have obtained all appropriate releases, permissions, licenses and/or authorizations for the production of said photo(s), video(s), and/or 3D content. You agree to indemnify and hold harmless Brittney Rossie LLCs against any and all claims, costs, and expenses, including attorney’s fees, due to uses for which no release, permission, license, or authorization was obtained or uses which exceed the uses allowed pursuant to a release, permission, license, authorization.

  8. Indemnification

    1.  In addition to the terms and conditions contained in the above Paragraph 7, you shall also indemnify and hold Brittney Rossie LLC, its officers, employees, independent contractors and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys’ fees), or claims for injury or damages arising out of the performance of this Agreement, or any distribution of the content created thereunder, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from your negligent or intentional acts or omissions and/or those of your officers, agents, independent contractors, employees, family members, invitees, and/or guests.
  9. Reservation of Rights. Any and all rights not expressly granted here are reserved to Brittney Rossie LLC, including copyright and ownership rights in raw or finished photo(s), video(s), 3D content, floor plans, graphics, audio, animation, constituent files, and other visual content produced under these terms (collectively, “content”). Brittney Rossie LLC reserves the right to use said content for the company’s portfolio, samples, self-promotions, entry in contests or exhibitions, editorial use, or for display within or on the outside of Brittney Rossie LLC’s premises. Brittney Rossie LLC further reserves the right to license, distribute, or syndicate said content to its commercial partners.

  10. Rights Upon Termination of Agreement
    1. The Photographer shall assign and make available to the Client all property and materials in the photographer's possession or subject to the Photographer's control that are the property of the Client, subject to payment in full of amounts due pursuant to this Agreement.
  11. Notice

    1. All correspondence or notice required regarding the agreement shall be made to the photographer by e-mail at hello@brittneyrossie.com and to you at the e-mail address you provided during your enrollment in the Program.

    2. Should your e-mail address, billing information, or contact information change at any time throughout the agreement, it is your responsibility to provide your updated information to me within 3 business days of any change.

  12. Litigation
    1. Any disputes arising form this contract will be litigated or arbitrated in Spotsylvania, Virginia, USA. This agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, USA.
  13. Assignment. Brittney Rossie LLC reserves the right to assign monies due from the client. Both the client and any party on whose behalf the client contracts with Brittney Rossie LLC will be jointly and severally liable for full performance under any contract made with Brittney Rossie LLC, including but not limited to payments of monies due to Brittney Rossie LLC.
  14. Payment of Fees
    1. The amount and terms of payment for the photographer's engagement shall be in accordance to the prices listed at the present time on the company's website for corresponding time of the shoot. (Example: A home shoot in December 2017 will reflect the listed price in December 2017.)
    2. The total amount shall be paid after the signing of contract, upon receipt of each invoice and before any engagement of the photographer. Any additional costs incurred during development will be invoiced at the completion of the project.
    3. The photographer reserves the right to remove the project from viewing on the Internet until  payment is made. If a payment delay is anticipated, please contact the photographer immediately for an alternative arrangement. In case collection proves necessary, the Client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by the photographer. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this contract was entered into in Virginia, and any dispute will be litigated or arbitrated in Virginia.
  15. Rush Processing
    1. The agreed-upon completion date for photo projects is: 24 hours from the date and time of the scheduled shoot. The Client understands that should they require earlier completion, there will be a flat fee of USD$100 to be paid before completion. The earlier possible completion of this project is same day turnaround before 12am PST.  
    2. The agreed-upon completion date for video projects is: 48 hours from the date and time of the scheduled shoot. The Client understands that should they require earlier completion, there will be a flat fee of USD$100 to be paid before completion. The earlier possible completion of this project is same day turnaround before 12am PST.  
  16. Sole Agreement
    1. The agreement contained in this Real Estate Photography Agreement constitutes the sole agreement between the photographer and the Client regarding any future project. Any additional work not specified in this contract must be authorized by a written change order. All prices specified will be honored for after both parties sign this contract. 
    2. This agreement constitutes the entire understanding of the Photographer and the Client. This agreement terminates and supersedes all prior understanding or agreements on the subject matter hereof. Any changes or modification thereto must be in writing and signed by both parties
  17. Miscellany. Brittney Rossie LLC reserves this right to modify these Terms and Conditions at any time and without notice. Modification, waiver, or breach of any part of these Terms and Conditions by you or by Brittney Rossie LLC does not release you from adherence to any other part of these Terms and Conditions or to these Terms and Conditions as a whole. The relationship between you and Brittney Rossie LLC will be governed by the laws of the State of Virginia.
  18. Privacy. Brittney Rossie LLC must obtain certain information from you in order to schedule your shoot and enable correspondence about your account. Brittney Rossie LLC takes appropriate safeguards to protect your information and will never sell or give your personal information to any third party, except as required by law, to fulfill our contractual obligations to you, or in order to collect monies due.
  19. Email permissions. Brittney Rossie LLC will use email as the primary means of contacting you regarding your account. We will also use your email address for marketing communications. By providing your email address, you give permission for both purposes. If you would like to opt-out of email marketing communications, please send your opt-out request to hello@brittneyrossie.com.

 

Updated: May 2018