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Terms, Conditions and Licensing

By accepting these terms and conditions by Dave Horn Unlimited Photography (hereafter referred to as “DHUP”) The Client (hereafter referred to as “CLIENT”) agree to the following:

DHUP reserves the rights of the images to publish, print and/or use for promotional purposes. All photos created for this property may be used by Client and Client's broker for all marketing purposes up until the sale/lease of this property and/or for the duration of your contract with the homeowner/seller. Client may also use images for after-sale announcement postcards, and social media/website announcements.

Please note that the photos are the property and copyrighted by DHUP.

In addition, the Client's Broker may use these photos for its own marketing. This license to use the photographs is granted solely to you (The Client) and not to any other party. These photographs may not be sold or given to another party, including but not limited to architects, builders, stagers, designers, sellers or buyers without permission from [photographer]. These photographs may be given to the listing homeowner with the understanding that they may only be used for personal use and not for commercial use. The homeowner may not give (or sell) the photographs to another listing agent or any other party for commercial use without permission from DHUP.

The License to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the video and/or photographs before payment in full of the relevant invoice(s) without DHUP and or any of its officers’ express permission; this includes all social media and/or MLS postings. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. Where use is restricted in the Agreement, permission to use the video and/or photographs for other purposes will normally be granted upon payment of invoice.

The Agency and Advertiser may be authorized to publish photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After any separately agreed upon exclusivity period the Photographer shall be entitled to use the photographs for any purposes

General Liability Release of Claims: Effective immediately upon execution, Client, for and in consideration of the payment to DHUP, the receipt and sufficiency of which is hereby acknowledged, do hereby release and forever discharge DHUP, their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which I now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the services provided by DHUP. It is understood and agreed that this payment is made and received in full and complete settlement and satisfaction the causes of action, claims and demands mentioned herein; that this Release contains the entire agreement between the parties; and that the terms of this agreement are contractual and not merely a recital. This Release may not be altered, amended or modified, except by a written document signed by both parties.  Furthermore, this Release shall be binding upon the Client, and their respective heirs, executors, administrators, personal representatives, successors and assigns. This Release shall be subject to and governed by the laws of the State of California.

Indemnity: While DHUP takes all reasonable care in the performance of this agreement generally, DHUP and or any of its officers shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.

The Client agrees to indemnify DHUP in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by DHUP.

It is the Client who must satisfy him/herself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that DHUP gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any image. If the image issued or reproduced by or with the authority of the Client then the Client shall indemnify DHMQ against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

There is no maximum or minimum number of images taken during photo/video session. Images chosen to be edited are determined by DHMQ’s artistic judgement. Images are edited at the discretion of DHMQ. Not all Images taken will be edited.

It is the Client’s responsibility to obtain permission for entry at all applicable locations and to advise DHMQ of any restrictions or policies in place at all applicable location.

DHMQ is not liable for client/guest injuries or damages to properties that may occur during photography session.  Client is not liable for injuries or damages to DHMQ personnel or property during photo/video shoot.

Payment terms are strictly 72-hours from date of invoice by check made payable to “Dave Horn” or by automated wire transfer. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment of commercial debts act if we are not paid according to agreed credit terms.  A 3% processing fee will be added to any credit/debit card, Venmo or PayPal transaction. A late charge will be paid by the Client to DHMQ in the amount of 10% of the original invoice owed. If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, and DHMQ may consider these invoices as overdue when pursuing legal action for the recovery of said debts.

Shall late and/or non-payment of invoices occur, payment will be required prior to video/photo delivery.

A fee of $50.00 may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuing of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.

DHMQ reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of images/video/tours, once any invoice issued to a client becomes overdue, and reserves the right to inform the reason of this to third parties to whom this suspension of service affects.

In the event of a client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, DHMQ may at any time thereafter inspect any records, accounts and books relating to the reproduction of their images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.

Expenses: Where extra expenses or time are incurred by the Photographer as a result of alterations to the original requests by the Client/Agency or the Advertiser, or otherwise at their request, the Client/Agency shall give approval to and is responsible to pay such extra expenses and/or fees associated with additional time spent at the project in addition to the expenses shown as having been agreed or estimated.

Cancellation: A booking is considered firm as of the date of confirmation. An appointment/booking may be cancelled, however if cancelling within 24 hours of appointment time a $100.00 fee will be charged.

Standby: If property is not ready at the time of appointment a fee will be applied at $25/per 15 minutes.

Multiple visit fee: $100.00 per visit will be applied if property is not ready upon team arrival and rescheduling is required.

Travel fees may apply.

All videos are produced to run 1 – 3 minutes in length.

All projects with Interactive Virtual Tours will include 3 months of active time. Additional time will cost 25$ per month after the initial 3 months.

Rejection: Unless a rejection fee has been agreed in advance, there is no right to reject a product based on style or composition.

All links expire including but not limited to Dropbox™. Files located on these websites are to be saved to your computer as links expire past 30 days.

Applicable Law: This agreement shall be governed by the laws of California.

Variation: These Terms and Conditions shall not be varied except by agreement in writing.