Terms

REAL ESTATE PHOTOGRAPHY AGREEMENT

This Real Estate Photography Services Agreement is entered into by and between Hendrickson's Photography, Inc., a Illinois Limited Liability Company with a primary business address of Hidden Street Address, Joliet, IL 60431 (Photographer), and Client, each a Party and collectively the Parties. For good and valuable consideration, the Parties acknowledge and agree as follows.

Services. Parties enter into this Agreement for the purposes of Photographer providing photography services for the commercial real estate listing for sale or lease identified below.

Photographer will provide Client the services that were booked on the selected date and time unless changed. Services may be adjusted on site as long as both parties agree to said changes.

Booking and Payment. The total price of the project will be updated and agreed to in the cart at the time of booking, unless changed on site or after the Session. The Photographer will require an initial payment of $50 that must be upon Client booking services, which will reserve the date and time for the Services. The date and time will not be reserved until the Initial Payment is received. Client agrees that this Initial Payment is refundable unless canceled with less then 24 hour notice of Session date/time. Any remaining payment will be due before Client is able to download photographs or other. Failure to remit payment within the period specified will result in forfeiture of the Initial Payment and date and time reserved for the Session. Credit card is an acceptable payment method unless otherwise specified. Any other additional charges are outlined on the Photographer Standard Price List, which is incorporated with this Agreement.


Property Preparation, Pets, and Requests..
Client will obtain all necessary permissions from the property owner(s) prior to the Session. Photographer will not be liable for any claim arising from Client's failure to obtain such permissions.

Photographer does not require the presence of Client and/or an authorized representative of Client to be present for the Session.

Client will ensure the property is prepared for photographing prior to the Session, including staging, tidying rooms, opening blinds and window coverings, moving furniture, dusting, and/or cleaning. Photographer will not be responsible for any house preparation, including but not limited to staging, dusting, cleaning, moving of furniture. Client will provide Photographer with the contact information of any staging or interior design experts hired for the property.

Client will ensure any pets are contained during the Session, and no pets will be included in the photographs. Client will alert Photographer prior to the Session if pets will be present in the property during the Session.

Artistic Discretion. Photographer will use their professional expertise to produce images in accordance with real estate photography industry standards. Client understands that the time of day in which the Session is conducted, condition of the property, and other unchangeable features of the property, including limited natural lighting from windows and dark paint colors, will affect the look and feel of photographs produced. Photographer will use reasonable efforts to favorably represent the property photographically. A new Session will not be conducted because of limitations of the property which are not reflective of Photographer's skill or quality of services provided.

Improper Preparation, Cancellation, Reschedule and Late Arrival. If Photographer arrives at the property and finds the property to be improperly prepared in accordance with the requirements listed in this Agreement, or if the Client fails to show or provide appropriate access to the property, Photographer may end the Session immediately and the Initial Payment will not be refunded. Payment for Services already rendered by Photographer to Client will be due immediately and invoiced to Client by Photographer. Photographer may at their discretion offer rescheduling of the Session within three (3) days of the Session. The rescheduled Session will be subject to a rescheduling fee of $50 if rescheduled more than two times, which must be paid prior to the rescheduled Session date.

If Client requests a rescheduled Session or cancels 1 calendar day before the Session, the Initial Payment will be forfeited, and a new Initial Payment will be required prior to scheduling of a new Session date. If Client requests a rescheduled Session with notice given at least two (2) calendar days prior to Session, Photographer may apply the initial payment to such Session. The rescheduled Session must take place within two (2) calendar weeks.

Any Client that arrives late to the Session will have the amount of time late deducted from the time allotted for the Session. Photographer will not provide a partial refund or other compensation for the time deducted from the Session due to late arrival of the Client. In the event that the weather conditions are not desirable and impossible to perform, the Session will need to be rescheduled and the reschedule fee will be waived or an alternative location agreed upon. Due to liability and equipment damages, this decision will be at Photographer's sole discretion.

Completion & Delivery. Photographer will provide an online gallery for Client's review and download accessibility within 24-48 hours of Session. Digital materials will be delivered processed/unprocessed high-resolution .jpeg file format. Processing services include adjustment of white balance, contrast, composition and may employ dodge or shading techniques if appropriate for the photograph. Client should make additional processing requests with sufficient time to allow for normal delays and notify Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. The Photographer does not retain archives on the photographs and all Photographer responsibility for the photographs is completed at delivery. An expedited processing fee will be determined to expediting processing requests, in addition to additional requested processing services priced in accordance with the Photographer's Standard Price List. Photographer will not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services. Client is responsible for the presence of an authorized representative at the Session to approve Photographer's interpretation of the assignment. If Client's representative is not present, Photographer's interpretation will be deemed acceptable.

Property & Travel. The photographic Session will occur at the Property identified herein. The Client will pay a fixed $50 outside the initial 30 mile radius from the zip code 60431. Sessions occurring over 65 miles from the Photographer's address require an additional travel fee that will be determined by project and communicated in advance. All mileage and travel must be paid on delivery of images.

Independent Contractor. Photographer performs Services as an independent contractor and this Agreement does not create a partnership or joint venture between the Parties. The Photographer has the status of an Independent Contractor and nothing herein contained will contemplate or constitute an agent or employee relationship and neither the Photographer nor Client will have any authority to bind the other in any way. In the event a third-party Independent Contractor is hired for services and/or products for the photographic Session, the Client agrees that Photographer will not be liable for any actions committed by the Independent Contractor, or for products provided by such Independent Contractor. Client agrees to indemnify and hold harmless Photographer for the same. Client acknowledges the need to communicate with the Independent Contractor regarding any allergies to any product provided by the Independent Contractor and agrees to communicate with Independent Contractor regarding the provision of services by the Independent Contractor. The Client will retain full responsibility for failing to provide feedback on any services prior to or during the Session. The Session will not be re-photographed due to dissatisfaction in these services without prior notice.

Photographic Materials & Artistic Rights. No photographic materials will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Agreement. The Client will use the photographic materials in accordance with the Real Estate Commercial Use License which is incorporated into this Agreement by reference.

The Photographer retains the right of discretion in selection and processing of the photographic materials released to the Client.

All photographic materials, including but not limited to negatives, transparencies, proofs, files and previews will remain the exclusive property of Photographer. Client will only use the photographic materials in accordance with the attached Real Estate Use License.

Indemnification. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Photographer provides to Client. Claims against Photographer for the delivered artistic works must be brought to Photographer's attention within one calendar (1) week from date of delivery. At that time, the Client waives any right to submit a claim to Photographer for reimbursement of any fees previously paid or for her waiver or forgiveness of any fees that may still be outstanding.

Safe Working Environment. In a situation where Client creates an unhealthy, stressful, negative, unethical, emotionally difficult, or constraining working relationship with the Photographer, such that Photographer feels they can no longer do their job effectively for Client, Photographer has the right to exit this Agreement and must refund all monies paid by the Client, including any payments remitted. Client agrees to undertake the best efforts to ensure that any Session location attendees within Client�?????�????�???�??�?�¢??s control treat the Photographer and Photographer's staff with respect and dignity and that the Photographer is provided with a safe working environment. Should an issue arise, Photographer will make reasonable effort to contact the designated [Client] to handle the matter. If the situation is not remedied in a reasonable amount of time, Photographer retains the right to cancel the remainder of the Session and all monies will be forfeited without further responsibility by Photographer. Safe working environment issues include but are not limited to physical known or unknown hazards, attendees or other vendors committing any instances of sexual harassment, violence, threats, or other similar behavior that would lead a reasonable person to feel unsafe in such an environment. In the event of such cancellation Client will not be entitled to any refund.

Legal Miscellany. Neither party will be liable for any delay in performing or failing to perform obligations if that delay or failure results from events or circumstances outside its reasonable control. Such delay or failure will not constitute a breach of this Agreement and the time for performance will be extended by a period equivalent to that during which performance is so prevented provided that if such delay or failure persists for more than 90 days, nothing in this Clause will be taken to limit or prevent the exercise by either party of its rights of termination under this Agreement without claim [arising from the termination] against the party defaulting by reason of force majeure cure provided that any outstanding pre-existing claims will not be thereby terminated.

This Agreement will terminate in the event that either Party materially breaches any portion of this Agreement. Such termination will take effect immediately fourteen [14] calendar days after notice of the breach from one party to the other. Both parties will have the right to notify the other of their intent to take substantial steps to cure any breach. If such notice is delivered, the Agreement will not terminate, unless such substantial steps do not occur.

This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder will not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.

This Agreement will be construed under Illinois law, without regard to its choice of law provisions. The state and federal courts for property county will have exclusive jurisdiction over any dispute arising under or relating to this Agreement. The parties agree to proceed with a bench trial, and each hereby waive any right to a jury. In any such suit, the prevailing party will recover all costs incurred and a reasonable attorney's fee. Client assumes responsibility for any and all collection costs and legal fees incurred by Photographer in the event enforcement of this Agreement becomes necessary.

This document may be executed by countersignature, in which case it will be effective on the date the final party signs the Agreement.

Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in interpreting this Agreement. The language in this Agreement will be interpreted as to its fair meaning and not strictly for or against any party. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Parties will provide effective notice to each other via either of the following methods of delivery at the date and time which the Notice is sent: phone and email.




Proceeding with booking services assumes that the Client agrees to these Terms and Conditions.

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