TERMS AND CONDITIONS
APPOINTMENTS
Appointments are made after an order is placed. If you confirm an appointment with your photographer, it is not officially confirmed until an email confirmation is provided, which is after an order for the appointment is created.

RELATIONSHIP TO PARTIES
The parties agree that Photographer is an independent contractor, and that neither Photographer, nor Photographers employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Photographer and the Photos or any other deliverables prepared by Photographer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.

REGARDING DRONE/AERIALS
In the event that we are unable to complete drone/aerial footage and it has been ordered due to property being in a NO FLY ZONE, money for that service will either be refunded, or a discount will be applied to the next order. In the event we are unable to complete drone/aerial footage due to weather conditions including rain and/or wind, we will reshoot the aerial/drone footage for the property at a later date/time that works for the agent/homeowner. We reserve the right to charge a reshoot fee if a reduced rate drone footage fee was purchased for this property and is based on distance property location is from photographers home.

RESPONSIBILITIES
Bobbi Rose Photography will provide you a Home Preparation Checklist.pdf to go over with, and/or share, your homeowner. Please be advised this checklist is confidential and is not to be distributed or shared except with your seller and is to be destroyed once completed. Our appointment is for photography/videography of the home. During this time, it is not appropriate to complete listing paperwork until it has been confirmed that the area you desire to conduct listing paperwork in has been photographed and the rest of the home is 100% ready to be photographed. Ensuring the appropriate behavior of all people at the session covered by Bobbi Rose Photography and her affiliates shall be the responsibility of the Client. It is best if pets are not home. If pets are home, they must be placed away from the photographer in a contained area. We understand that you love your animals, we do too, but due to the job we perform and equipment we carry, its important to not put our photographers or equipment at risk. Homeowners will be held liable if animals cause damage or injury to photographer or photography equipment. More on this in the Force Majeure and safe environment clause.

LICENSE & USAGE
If you have paid us in full, you have rights to use the digital images and other media. You agree that the rights to use the digital images have been granted only to you. You agree not to transfer, assign or sub-license your rights to use the digital images, floor plans, video or other media contained therein, to anyone without written permission of the copyright holder, Bobbi Rose Photography. Your rights permit you to use the images without cropping with watermark intact on all images, videos, floor plans and other media for marketing purposes for the property only including multiple listing services. However, your rights do not permit third-parties, including your website, to copy, display or distribute our work for any reason unless we give you our written permission. For real estate, these rights are valid indefinitely, so long as you have the listing. If you no longer have the listing, due to sale or otherwise, you are giving up the rights to use the images. If anyone asks you for any of your rights to the products, you agree to refer them to Bobbi Rose Photography. If we agree to allow others to use the images an additional licensing fee may be required. We agree not to use the images in a way that interferes with your rights.
Copyright Act 17 U.S.C 106. Photos may contain copyright management information (CMI) at the discretion of the Photographer in the form of either 1) a copyright notice ©, 2) a watermark with company logo and/or 3) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Photographer for any penalties and awards available under the statute. Client is responsible for ensuring that the Photos are removed from MLS databases at the sale/transfer/cancellation of the listing.

FORCE MAJEURE AND SAFE ENVIRONMENT CLAUSE
If Photographer cannot perform or believes it may not be able to perform this Agreement in whole or in part due to a fire, natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic (including COVID-19), action of any governmental authority (including a Government Order as defined in Section 7.3), national or regional emergency, other casualty, act of God, or other cause beyond the control of the parties or due to Photographer's illness or injury, whether or not foreseeable (Force Majeure Event), then Photographer will give notice to the Client as soon as reasonably practicable after Photographer determines that a Force Majeure Event will or may prevent Photographer from performing under this Agreement. Photographer shall have no obligation to perform under this Agreement and no liability for delays or failures to perform due to a Force Majeure Event, but Photographer may, in Photographer's discretion, work with the Client to find an alternative date or photographer for the photoshoot that is suitable to both Client and Photographer. To the extent the Parties cannot agree on a suitable replacement date consistent with Photographer's availability, Photographer may also, in its sole discretion, refund fees paid to Photographer under the Agreement, less any amounts necessary to cover expenses and work (based on time spent by Photographer) already performed by Photographer related to the photoshoot. In the case of a Force Majeure Event, Photographer shall have no additional liability to Client with respect to this Agreement beyond that described in this Section and below.

In the case of a Force Majeure Event that impacts the Photographer individually, but does not otherwise impact the photoshoot, including, but not limited to, illness or injury to Photographer, Photographer shall make reasonable efforts to suggest a replacement photographer for the photoshoot. Should Client not accept a replacement photographer selected by Photographer to perform Photographer's obligations under the Agreement, Photographer shall refund the Refund Amount and shall have no further obligation to perform under the Agreement.

Client understands that Photographer works to maintain a safe work environment, including but not limited to, complying with applicable governmental laws, directives, orders, and regulations (Governmental Order). Client further understands and agrees that Photographer shall not be required to perform under this Agreement if the photoshoot is held in violation of a Governmental Order or Photographer's participation in the photoshoot would violate a Governmental Order. Client also understands and agrees that Photographer is not obligated to continue to perform under this Agreement if Photographer's personal safety or well-being has been or will be comprised or threatened at the photoshoot, including, but not limited to, as a result of the condition of the property for the photoshoot, or the conduct of an attendee of the photoshoot.

CANCELLATION POLICY
Bobbi Rose Photography requires a minimum of 24 hours for cancellation or change of said photo shoot. Failure to provide 24 hours notice will result in a 20% cancellation fee.

MILEAGE CHARGE
Normal service area is within 20 miles of Crystal Lake, IL. Photo shoots outside of this 20 mile radius will be $.50 per mile. Outside of 30 miles requires a $1.00 per mile fee.

INDEMNIFICATION
Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Photos or materials furnished by Client. It is the Client's responsibility to obtain the necessary model or property releases are ensure they are full effect and in force.

INSURANCE AND LICENSES
The photographer is fully insured and, when required, carries her part 107 license. All required equipment is registered lawfully. We check equipment frequently. For more information, please ask.

DELIVERY OF FINAL IMAGES/VIDEOS
Please allow up to 2 days for images, and 4 days for videos, to be uploaded to the online gallery and ready for download. Media will only be accessible after full payment is received.

IMAGE SIZE, COLOR, AND COMPOSITION
The photographer will provide a pleasing color balance. It is sometimes not possible to record in print or in digital files the exact color as seen by the human eye.
Bobbi Rose Photography
8155199001
BOBBI@bobbirosephotography.com