IMAGING SERIVCES AGREEMENT

We’re friends, so let’s keep this simple for both of us! No signatures required, but by engaging us in our services and using the imaging products and services we provide, you agree to the following:

Independent Contractor
Immersive Spaces, LLC is an independent contractor, and we are not employees of you or your company. No imaging services provided by our company shall be considered “work for hire.”

Licensing of Work
To give you the best service and support at reasonable pricing, we do not sell our photographs and imaging products and services; we license their use to you or your company to market your for sale/for rent property including real estate, hospitality, or vacation rental; to display interior design work; document construction or architectural aspects of property; document historical spaces for preservation and presentation, or other uses as required. You are also permitted to use our photographs and imaging products within your portfolio or website to display a historical reference to previous work. Images provided and covered by this agreement include photographs, virtual tours, floor plans, print marketing, or other visual materials representing the property captured by our service.

Any use of the images outside the scope of this agreement, including but not limited to resale, transfer, or reproduction for commercial purposes, is strictly prohibited without prior written consent from Immersive Spaces, LLC. The license is non-exclusive, non-transferable, and revocable in the event of a breach of this agreement.

You may not provide our photographs and imaging products to any third party outside the scope of this agreement. Builders, stagers, designers, or “third parties” that wish to use images must contact us for permission and pay a license fee for their specific use, if applicable. Images cannot be made available to another agent who takes over an expired or withdrawn listing. Agents wishing to relicense imaging should submit their requests via email to booking@immersivespaces.co and include the property address, new MLS listing number, and a property release signed by the current homeowner. Not all properties are available for relicensing.

Photographs and imaging products syndicated to third-party real estate and vacation rental listing services such as zillow.com, realtor.com, vrbo.com, AirBNB, etc., are granted permission under this agreement to market the available property or show past available properties only. Please note that many of these services now require a signed property release from your homeowner before publication. You can obtain a release form by clicking here.

Unauthorized Use
If any image provided under this agreement is used without authorization or beyond the agreed scope, Immersive Spaces, LLC reserves the right to pursue legal remedies, including but not limited to copyright infringement claims, damages, and attorney fees.

Matterport
All Matterport Spaces are hosted solely on Matterport’s platform, and you will not receive any digital assets for Matterport Spaces. Hosting for your space is included for the first full year from the date of publication. You can extend hosting for a monthly fee (currently $5 per month).

Ownership and Access: All Matterport Spaces remain the sole property of Immersive Spaces, LLC. Access to these hosted spaces is contingent on adherence to the terms of this agreement and full payment of any outstanding fees.

Preparation
To ensure the best result for your capture session, please be sure the home is ready before the scheduled shoot time. For liability reasons, Immersive Spaces does not handle any cleaning, dusting, or moving of furniture. For the efficiency of your session, we highly encourage homeowners and pets not to be present for your appointment.

Generally, we will be photographing through the entire home. We typically do not include utility rooms or closets. If you would like those included, please let us know before the shoot.

Amenities
Amenities are not included on/in a property shoot and fall under separate pricing and licensing. If you require amenity photographs, please contact us before the shoot for additional information.

Cancellation and Rescheduling
Should it be necessary to reschedule or cancel your session for any reason, we ask that you give us as much advance notice as possible so we can release your timeslot to other customers. We do not charge any cancellation or reschedule fees.

Weather Considerations
We highly recommend that you schedule your session in sunny or partly sunny weather. Should it be necessary to complete a shoot on a rainy day for any reason, we will only shoot interiors. Should you wish to reshoot exteriors on a better day, a reduced fee session can be provided upon request. The only area with an exception to this is our aerial services, which will not fly during inclement weather. Pilots will reschedule appointments at their discretion based on safety and regulations for the operation of the aircraft.

Payment Policy
Payments are due within 3 days of invoice receipt. Late payments are subject to a late fee of 1.5% per month, or the maximum amount allowed by law, whichever is greater. Failure to pay invoices within 30 days of the due date may result in the revocation of all licensed usage rights and the pursuit of legal remedies, including collection proceedings and copyright infringement claims.

Granting of the usage described above is contingent upon receipt of payment in full for products and services provided. We accept cash, check, or major credit cards. If you choose not to prepay for services, an invoice will be emailed to you upon completion of your session.

Non-payment for products and services will be considered a material breach of this agreement and may result in the immediate termination of all licenses granted. Immersive Spaces, LLC may, at its sole discretion, issue takedown notices to third-party platforms hosting the infringing images.

Copyright
All copyrights for photographs and imaging products and services are the property of Immersive Spaces, LLC. All rights are reserved.

Copyright Infringement: Unauthorized use or continued use of images following non-payment or outside the licensed scope will constitute a violation of federal copyright law. Violators will be subject to statutory damages of up to $150,000 per image, as permitted under the Copyright Act, plus legal fees.

Indemnification
The client agrees to indemnify, defend, and hold harmless Immersive Spaces, LLC, its owners, employees, and agents from and against any and all claims, damages, losses, or liabilities arising out of or related to the unauthorized use of images or breach of this agreement.

Severability
If any provision of this agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes arising under this agreement shall be resolved in the courts located in West Palm Beach, Florida.

If you have any questions, please feel free to contact us at any time!

 

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