terms of service
Last updated January 4, 2022
Copyright Notice
Bullseye Real Estate Media LLC is the exclusive copyright holder of all images. Full image rights are not sold or granted, clients only receive licenses. Licensing may be obtained for various applications of images, please refer to Photo Rights and Usage for Real Estate Photography.
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Photo Rights and Usage for Real Estate Photography
The original agent/client who paid for the service has permission to use the images on any electronic or printed form of advertisement for the promotion of that property. The licensing agreement is valid only for the duration the home/property is listed for sale and cannot be reused without specific written permission from Bullseye Real Estate Media LLC. Bullseye Real Estate Media LLC must be made aware, credited, and compensated for any printed or digital publication/use where photos are not being used for the direct marketing of the sale of the property. Disregarding these terms will result in copyright infringement/violation (Digital Millennium Copyright Act of 1998, 17 U.S.C. §512(c) ) and may result in legal action. Bullseye Real Estate Media LLC recognizes that agent/client does not control how images are shared by the local MLS and syndicated to other property listing sites (Zillow, Trulia, Realtor, et al.) and agent/client is not liable for such use beyond license expiration.
Agent/client may not sell, transfer, or gift any images for any reason to any third party, especially to another agent who takes over an expired, withdrawn, or cancelled listing. These third parties also include sellers, builders, stagers, and any other contractors associated with the property or agent.
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IMAGE LICENSES ARE NON-TRANSFERABLE
Bullseye Real Estate Media LLC reserves all rights to re-license images/videos.
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Failure to pay for the images will result in a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement within 24 hours. Failure to stop using them will result in legal action.
Once photos have been delivered, the agent and/or homeowner may not make any digital alterations, editing, or "photoshopping" to the photos unless to crop the images. If there is an issue or concern with editing or photos please contact Bullseye Real Estate Media, but do not make alterations as this is a violation of copyright.
"Community shots" such as golf courses, clubhouses, fitness centers, subdivision signs, etc., may be licensed in conjunction with property photos in order to market the listing. Bullseye Real Estate Media LLC retains all rights to every photo and therefore these shots are stock images. Agents/clients who choose to purchase the community/amenity package may only use those images in conjunction with the designated property. Using the photos in other marketing or in conjunction with other properties, is prohibited unless additional licensing is purchased.
Expectations of Agent/Owner
Agents and homeowners are expected to have the property cleaned and staged prior to the photo shoot. If the property is not ready to be photographed you should make every effort to reschedule 24 hours prior to the shoot. Bullseye Real Estate Media LLC is not responsible for staging, cleaning, decluttering, or landscaping. We are not a staging service, cleaning service, or a landscaper...we are a photography service. There will be a "staging/convenience fee" added if any of these are requested by the agent and there is by no means an obligation by the photographer to perform these actions. Please refer to our prep list page on our website.
Cancellation and Rescheduling Policy
By scheduling service you affirm that the property is ready for photos to be taken. You also understand that we charge a $50 service fee when we must return to a property that was not ready on the scheduled shoot date. This includes, but is not limited to: property not ready, staging incomplete, construction, agent/owner not home, no key in lockbox, etc. This does include partial photo shoots where the exterior may not be ready or certain rooms are incomplete and the photographer is required to return. We also understand things come up or may change, but if a property is rescheduled or cancelled within 24 hours of the scheduled shoot time, a $50.00 fee will be assessed. Any cancellation within 2 hours of the shoot or once the photographer has arrived will be subject to 100% of the package price.
Weather Policy
We photograph in all weather except for rain. If rain is present the client will be given the option to reschedule at no additional charge. However, the weather should be evaluated several days prior to the shoot to prevent any rescheduling. The weather policy does not cover rescheduling or cancelling under 24 hours due to cloudy weather or lack of sun (rain must be present in order for the fee to be waived).
Rush Policy
A minimum of 72 hours notice is recommended when scheduling for a property shoot. A request for photos to be completed and delivered in under 12 hours from time of shoot is subject to a $100 rush fee.
Photo/Video Guarantee
Bullseye Real Estate Media LLC will make every effort to ensure the final images are of high quality and represent the property in the best way. Sometimes however, an agent/homeowner may feel these images do not meet those expectations. In this case, Bullseye Real Estate Media LLC will work closely with the agent/homeowner to correct the issue and photos. A reasonable amount of re-editing will be performed at no additional cost. If a return trip is requested due to issues in the photos regarding decluttering, additional photos not specifically requested prior to shoot, or other aspects that are not directly the responsibility of Bullseye Real Estate Media LLC, there will be a charge. A minimum reshoot fee of $80 will be charged to the agent/client, unless it is the direct responsibility of the photographer where then there will not be a charge (ie. missing specific shot requested prior to shoot). Everyone has a different idea of their "best photo" but prior to hiring Bullseye Real Estate Media, please carefully review images on our website to get an understanding of our creative “style” as there will be no refunds issued to clients who are not happy with the "style" of photography. “Style” refers to image angles, color, and any other visual aspect of the photo.
File Delivery and Storage
For most standard real estate shoots, Bullseye Real Estate Media LLC guarantees a 48 hour or less turnaround time. Some photoshoots of larger properties or with extensive editing/special requests, such as luxury, twilight, and videography may take up to 72 hours. Bullseye Real Estate Media LLC will also maintain a photo backup and provide access to the final images for up to 60 days after the photos are delivered to the client via download link. After 60 days, Bullseye Real Estate Media LLC cannot guarantee the photos will be available, however if they are, there will be a $25 retrieval fee if the client requests another copy. It is highly recommended to download the photos immediately after receiving the final download link as this will ensure no future issues or retrieval fees.
Travel Surcharge
Properties outside the Lake Havasu City area are subject to a minimum travel fee of $50 depending on distance. A larger travel surcharge will be assessed for properties significantly out of range. Properties in rural or remote areas may be subject to additional travel fees depending on the extent of the distance from a major paved roadway.
Right to Refuse
Bullseye Real Estate Media LLC reserves the right in its sole discretion to refuse service at any time for any reason. At any time, Bullseye Real Estate Media LLC can terminate the relationship with an agent/client for overdue invoices, poor communication, or unreasonable requests.
Payment
Payment is required at time of booking. Upon working with an agent/client for a period of time, it is reasonable that there may be different payment options made available. This will be assessed on a case-by-case basis.
Any upgrades, added items or services, or changes made to the order after the scheduled photoshoot will be invoiced within 24 hours and payment is required within 7 days of the invoice date. Failure to pay by due date will result in a 2% fee assessed daily. Failure to pay an invoice past due 30 days or more will result in legal action.