This Agreement is made effective for all purposes in all respects as of today (current date) by and between Christopher and Haley Roisum, hereinafter referred to as Roisum Residential and primary client hereinafter referred to as “the CLIENT” relating to the event(s) detailed below, hereinafter referred to as “the appointment(s)”.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Roisum Residential and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION: An acknowledgement of these Terms of Agreement are required to reserve the dates and times of the appointment(s). If the appointment(s) is rescheduled, postponed, or cancelled, the CLIENT shall be responsible for payment for any of the Roisum Residential material charges incurred up to time of cancellation.
SAFETY: At the time of the appointment, the homeowner, tenants, or their family members MAY NOT be present. This is for the safety of the photographer, the liability of our company, and the quality of the photos. If the homeowner insists upon having someone present with us, then the Realtor® that is named on the listing agreement may be present at the time of the appointment. Roisum Residential reserves to right to terminate coverage/reschedule and leave the location of the appointment if the photographer from Roisum Residential experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the appointment; or, in the event that the safety of the photographer from Roisum Residential is in question.
SHOOTING TIME / ADDITIONS: The CLIENT and Roisum Residential agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends on or before the scheduled end time. If the CLIENT is not prepared, or if the home is not photo-ready to the liking of the CLIENT/AGENT at the appointed time for Roisum Residential, the appointment will be rescheduled. All additional time beyond the scheduled end time will be billed to the CLIENT. In the event that the property is not accessible at the scheduled time, Roisum Residential is not responsible to provide any services to the CLIENT.
TRAVEL EXPENSES: Appointments booked online are limited to Idaho Falls, Rigby, and Shelly areas, and require no travel fees. All other areas may not be booked online. Travel fees for external areas can be found on our website at www.roisum-residential.com. Roisum Residential reserves the right to adjust travel fees as needed, which include (but are not limited to) changing fuel prices and vehicle maintenance/wear and tear.
RESPONSIBILITIES: Roisum Residential is not responsible for compromised coverage due to causes beyond the control of the Roisum Residential, including but not limited to obtrusive guests, lateness of the client or homeowners, weather conditions, schedule complications, incorrect addresses provided to Roisum Residential, rendering of home decor, or restricted access of the locations. Roisum Residential is not responsible for backgrounds or lighting conditions, which may negatively impact or restrict the photo coverage. Roisum Residential will not be held accountable for failure to deliver images to any person(s) other than the CLIENT.
LOCATION LIMITATIONS: Roisum Residential is limited by the rules and guidelines of the location(s). The CLIENT agrees to accept the technical results of their imposition on Roisum Residential. Negotiation with the officials for moderation of guidelines is the CLIENT’S responsibility; Roisum Residential will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which Roisum Residential will be performing services.
FILM and COPYRIGHTS: The photographs produced by Roisum Residential are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Roisum Residential explicitly written permission. If the CLIENT has paid for all agreed upon services in full, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has paid for all agreed upon services in full, Roisum Residential grants the CLIENT permission to share the images on social networking websites; with family and friends, on vendor websites, and in print advertising, as long as the images remain unaltered and textual credit is explicitly given to Roisum Residential when possible. The CLIENT may not sell the photographs to a 3rd party.
ADVERTISING RELEASE: The CLIENT hereby assigns Roisum Residential the irrevocable and unrestricted right to use and publish any photographs taken during the appointment for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from Roisum Residential is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of Roisum Residential, Roisum Residential will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the appointment.
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Roisum Residential control, including but not limited to camera, hard drive, or equipment malfunction, Roisum Residential liability is limited to the return of all payments received for the appointment. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Roisum Residential is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: Roisum Residential is not liable to deliver every image taken at the appointment(s). The determination of images delivered to the CLIENT is left to the discretion of Roisum Residential.
POST PRODUCTION AND EDITING: The final postproduction and editing styles, effects, and overall look of the images are left to the discretion of Roisum Residential.
PAYMENT SCHEDULE: The balance for services and products rendered is payable in full at the time of photo delivery. If “Pay-at-Close” option is chosen, the CLIENT must pay in full within 1-75 days of photo delivery with the understanding that an additional 20% charge will be added to the total service fees. In the event the CLIENT fails to remit payment as specified, Roisum Residential shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and begin charging interest of $10 per additional day after 75 days since photo delivery. Returned checks will be assessed a $50 non-sufficient funds fee.
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from Roisum Residential.
