Terms and Conditions Agreement
1. SCHEDULING
The Client shall schedule services in advance, and all scheduled appointments are subject to the availability of Higher Side Media, LLC. Higher Side Media, LLC reserves the right to accept or decline appointments based on availability and may change, modify, or move appointments as necessary to best serve all clients.
2. PAYMENT DUE
Payment in full shall be due upon delivery of all media assets unless otherwise expressly agreed in writing by Higher Side Media, LLC. We reserve the right to hold onto the final media assets until full payment has been made. If there are any delays in payment, additional fees, including late charges, may apply.
3. RESCHEDULING/CANCELLATION
Requests for rescheduling of services must be made by the Client at least forty-eight (48) hours in advance of the scheduled appointment time. Rescheduling due to adverse weather conditions or other unforeseen circumstances will be accommodated without penalty, at the discretion of Higher Side Media, LLC. Any cancellations made by the Client with less than forty-eight (48) hours' notice may result in a cancellation fee equivalent to fifty dollars ($50). In the event of a no-show, defined as failing to arrive within thirty (30) minutes of the scheduled appointment time, the Client shall be liable for a fifty dollar ($50) fee.
4. TRAVEL FEES
Any travel-related expenses, including but not limited to transportation, fuel, parking fees, food, and lodging, incurred by Higher Side Media, LLC in connection with the provision of services shall be the responsibility of the Client. Travel fees will be charged for appointments involving travel beyond one hundred (100) miles round trip. Such charges will be communicated to the Client prior to the provision of the service and shall be payable in full by the Client.
5. FILMING/PHOTOGRAPHY
The Client hereby grants permission to Higher Side Media, LLC to film and photograph as part of the services rendered. Higher Side Media, LLC has full creative liberty of choosing the best compositions, which rooms, and how many photos of each room a client should get unless you let us know in advance about any specific preferences. The captured media may be used by Higher Side Media, LLC in accordance with the terms outlined in Sections 9 through 12 below.
6. DRONE LIABILITY
Drone operators are certified under Part 107 with the FAA. Our team at Higher Side Media, LLC will use their judgment to determine whether a job is safe to perform, considering factors like weather, proximity to airports, and other potential safety issues. We may decline to perform drone services if we deem the conditions unsafe for any reason.
7. PROPERTY READINESS
The Client is responsible for ensuring that the property is "shoot-ready" upon the arrival of Higher Side Media, LLC. A pre-shoot checklist will be provided to you in advance, and it is the Client's responsibility to communicate with property owners to ensure all preparations are completed. Higher Side Media, LLC will not move, alter, or clean any objects, and all properties will be photographed "as-is." Furthermore, Higher Side Media, LLC is not responsible for securing the property, turning off lights, or making any other adjustments upon departure.
8. DELIVERY OF MEDIA ASSETS
Media assets, including photographs and videos, shall be delivered in a format specified by Higher Side Media, LLC. Delivery shall be deemed complete once the media assets have been made accessible to the Client via electronic means, including but not limited to email, cloud storage links, or other delivery methods as agreed upon by the parties. Photography shall be delivered within forty-eight (48) hours of the appointment time, and real estate video production within five (5) to seven (7) days.
9. CLIENT RIGHTS TO MEDIA ASSETS
The Client is hereby granted a limited, non-exclusive, non-transferable license to use the media assets solely for the duration of the real estate listing for which the media assets were commissioned. Upon the expiration or termination of the real estate listing, all rights to the use of the media assets shall cease unless expressly provided by Higher Side Media, LLC. The Client shall not alter, sell, utilize AI tools or redistribute the media assets without the prior written consent of Higher Side Media, LLC. Media assets are provided on a single-use license basis and are not to be duplicated, edited, transformed, changed, or manipulated.
9.1 Media Assets Usage on AI Platforms
Media assets, including but not limited to photographs, videos, and other media content, are strictly prohibited from being used, uploaded, or integrated into any artificial intelligence platforms, applications, or tools without the prior written consent of Higher Side Media, LLC. This includes, but is not limited to, AI training, machine learning models, or any form of AI-driven analysis. Unauthorized use on such platforms constitutes a violation of these terms and conditions and may result in legal action.
10. COPYRIGHT
All copyright, title, and intellectual property rights in the media assets produced by Higher Side Media, LLC shall remain the exclusive property of Higher Side Media, LLC. The Client shall not claim ownership of or attempt to register any rights to the media assets or any derivative works thereof.
11. MEDIA ASSET USAGE BY SERVICE PROVIDER
Higher Side Media, LLC reserves the right to utilize any and all media assets, including but not limited to photographs, video, reels, and any other forms of media content created during the provision of services, for its own business advancement and marketing purposes. This includes dissemination across promotional platforms, marketing materials, social media channels, portfolios, and other distribution methods deemed suitable by Higher Side Media, LLC.
12. NO COMPENSATION FOR PROMOTIONAL USE
The Client agrees that they are not entitled to any compensation, royalties, or any form of payment in relation to the use of the media assets for Higher Side Media, LLC's business advancement and marketing purposes.
13. GENERAL LIABILITY
Higher Side Media, LLC shall not be held liable for any personal injuries, property damage, or other losses occurring during the provision of services. This includes, but is not limited to, any accidents, damages, or injuries that may arise due to filming activities or the nature of our work. The Client acknowledges and accepts all inherent risks associated with the services provided, except in cases of gross negligence or willful misconduct by Higher Side Media, LLC.
14. MEDIA REVISIONS
Higher Side Media, LLC is dedicated to delivering high-quality media assets from the very start. We invest considerable resources to ensure our work meets the highest standards upon initial delivery. To maintain this level of excellence, we focus on getting it right the first time, and as such, we do not offer revisions. Our goal is to partner with clients who trust our expertise and our commitment to excellence, ensuring that the final product exceeds expectations from the outset.
15. ACKNOWLEDGEMENT
By scheduling an appointment, the Client agrees to all the terms and conditions outlined in this document. This scheduling serves as formal consent, indicating that the Client has read, understood, and agrees to adhere to all policies stated herein.
Have a question? Give us a call at 315-216-7603 or email us at
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