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TERMS OF SERVICE

Premier Property Productions LLC terms and conditions apply to all customers, clients, and end users of all rendered services (hereinafter “Services”), including but not limited to photography, aerials, videos, virtual tours, floor plans, etc.

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Agreement

This services agreement and grant of limited image use license (the “Agreement”) is entered into between Premier Property Productions LLC (“Photographer”) and You (hereinafter “Licensee”). The Photographer grants the Licensee the exclusive, non-transferable, and non-assignable use of property listing Services for the entire duration the property is listed on the real estate market by the Licensee. The Services may only be used for the sole purpose of marketing the real estate listing including, but not limited to, advertising on the Licensee’s website, the Multiple Listing Service (MLS), magazines, newspapers, print ads, flyers, brochures, and social media websites until the listing has sold, expired, or is removed from the market. If the listing expires or is removed from the market and then later placed back on the market the terms described herein will apply. No additional licensing fee needs to be paid as long as the Services are used by the Licensee referenced herein.

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Provisions

1. The Photographer retains all copyrights attached to the Services as well as any other rights which may not be detailed in this Agreement. No transfer of intellectual property is made by this Agreement.


2. Credit/Acknowledgment of Premier Property Productions LLC must be given when Services are published, either with a picture credit, caption, or an acknowledgment in the publication if the Service is used for editorial purposes (newspapers, magazines, newsletters, web or print publications, etc.).


3. Selling and/or redistribution of the Services is forbidden. The Services may not be used for any purpose other than marketing the real estate listing. Any re-use of the Services that is not covered by this license requires a new and independent Use License.


4. Licensee is allowed to crop the photographs to suit their purposes for the usage stated above. Adding and/or removing elements from the photographs and/or “stylizing” the photographs with over/under saturation, distortion, filters, etc. is forbidden unless permission is granted by the Photographer. The photographs may not be merged with other works or be used to create a derivative photographic work, artwork, drawing, video or mixed media work unless explicitly permitted by the photographer.

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Payment

The agreed upon amount is to be paid prior to the release of the Services. No use may be made of the Services until the invoice has been paid in full.

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Cancellation

If the Licensee cancels this Agreement within 24 hours of the scheduled Services appointment a $50 fee will be assessed to the Licensee. If Photographer arrives to the location where Services will be rendered and the property is not ready for the Services to be provided, or Licensee cancels this Agreement onsite a $100 fee will be assessed to the Licensee. No fees shall be assessed to Licensee for cancellations due to inclement weather.

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Additional Fees

Appointments booked for weekend Services will incur an additional $50 fee. If Licensee books an appointment outside of the Photographer’s 25-mile travel radius an extended travel fee of no less than $25 will be charged and fee will increase based upon location distance.

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Indemnity

The Licensee indemnifies and holds harmless Premier Property Productions LLC against all claims, liability, damages, costs and expenses stemming from a breach of this agreement, the use of the Services, the failure to abide by any restriction regarding the use of the Services, or any claim by a third party related to the use of the Services.

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Warranty and Liability

The Services are provided "as is" with no warranty regarding the suitability of the Services for any purpose. The Photographer is not liable to the licensee or any person or entity for damages, costs or losses stemming from any usage of the Services.

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Severability

If one or more of the provisions contained in the Agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

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Waiver

No action of either party, other than express written waiver, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such rights or remedies will not preclude further exercise of other rights or remedy.

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