Terms

RESIDENTIAL REAL ESTATE

USER POLICY:

Mark Jacobs Productions grants you a non-exclusive, non-transferable license with limited right to access, view, use, display and print information on the Mark Jacobs Productions site, including all the materials provided hereon, for your personal, informational, property marketing use only. You may not copy, modify, reproduce, create derivative works, distribute, transmit, license, or sell any content, image or any portion of the Mark Jacobs production site without the prior written consent of Mark Jacobs Productions. Generally, Mark Jacobs Production will grant permission for such use so long as Mark Jacobs Productions is properly acknowledged, but the prior express written consent of Mark Jacobs Productions is required.

COPYRIGHY POLICY:

All images and media ("Content") created by Mark Jacobs Productions is the sole property of Mark Jacobs Productions. Mark Jacobs Productions retains ownership and licensing rights to all photos, videos, and all other tour content. Content is made available to clients for property-specific marketing purposes only. Usage rights terminate upon the sale, close or the expiration of the agents listing agreement who contracted the shoot. Any publication of content for non-specific property marketing purposes is strictly prohibited by law without the express written consent of Mark Jacobs Productions. All images and media created by Mark Jacobs Productions are copyright protected. Any other use of photos and videos are subject to additional licensing fees.

SHOOT POLICY:

It is the clients responsibility to ensure that the property is ready for the photoshoot at the arranged time. Mark Jacobs Productions doesn't handle any cleaning, dusting, or moving of furniture for liability reasons!

At the shoot If possible, you or someone you authorize should be present to discuss important elements of the property, or areas that should not be photographed. However, the photographer can work independently if needed. Agents are expected to have the property staging and cleaning prior to the photoshoot. Our goal is to provide quality digital images. Including exterior front and rear shots, one or more views of each major room, and views of the yard and/or views from the property, if any. Your input is important when choosing the best rooms and angles to photograph. Absent your input, the photographer will use his/her best judgment and experience to decide how best to photograph the property.

Photographers will do their best that all significant aspects of the property shall be included in the tour unless the condition of said aspect has a negative impact on the tour. This shall be left solely up to the photographer's discretion unless specific aspect(s) of the property is specifically requested by the agent or the homeowner on the order form or at the shoot.

Once the home has been photographed or video shot, the service may not be canceled. The agent will be charged the full price of the package ordered. In addition, the photographer will not retouch images in order to disguise any known defects and/or physical structures such as cracks in walls or driveways, power-lines, water towers, etc.

CANCELLATION/RESCHEDULING FEES:

Rescheduling Fee: There is no fee to rescheduled a shoot with a 24 hour notice. For shoots rescheduled with less than 24 hours, a $75 rescheduling fee will be added to the invoice.

Cancellation Fee: Orders can be canceled for any reason with a 24 hour notice without a fee. Monday shoots need to be canceled by Friday 5pm due our business is closed Saturday and Sunday. For orders canceled with less than a 24 Hour notice, Mark Jacobs Productions charges $100. A digital invoice will be sent to the client for payment of the cancelation fee. If a shoot is rescheduled with less than a 24 notice, then canceled with a 24 notice. The shoot will be invoiced at 50% of the total shoot.

* Saturdays and Sundays are not business days, our office is closed. These days are not included in the 24 notice.

Unable to Shoot Fee: In the event that the photographer arrives at the shoot and cannot access the property or it is not ready to shoot, then you agree to pay a fee of $75 for day shoots and $100 for twilight shoots.

Arriving late beyond 20 minutes to an appointment will be considered a cancellation, and will be billed at the full rate of the shoot.

Cancellation Fee:

Orders can be canceled for any reason with a 24-hour notice Monday thru Thursday. There is a processing fee of 3.3% + 30 for all refunds. Shoots scheduled for Mondays need to be canceled by Friday 5 pm (Saturday and Sunday are non business days). For orders canceled with less than a 24-hour notice, Mark Jacobs Productions charges 50% of the total shoot cost. This will show as a line item on the invoice. If, a shoot is rescheduled with less than a 24-hour notice, then canceled with a 24-hour notice. The shoot will be invoiced at 50% of the total shoot.

WEATHER POLICY:

If the weather threatens to prevent photography, it is the client's decision to continue or to reschedule. If the client decides to continue the photography session, please know that outside shots will not be done under unfavorable weather conditions. There will be an additional $65 travel fee charged to come back to shoot the exterior.

PAYMENT POLICY:

Mark Jacobs Production operates on a fee for service basis, all monies owed are billed at the time of booking. Payment in full is due on delivery, irregardless of the sale of the home or other conditions. Images and videos can not downloaded without full payment. A 5% late fee will be added for every 5 days for overdue invoices. We accept Visa, Master Card, Discover, and American Express.

Photographers are not responsible for taking payment information in the field.

MLS's POLICY:

In consideration of (Customer's/Real Estate Professional's) payment of (photographer's/artist's/architect's) fee for creating, preparing and delivering the (photographs/drawings/renderings) to (Customer/Real Estate Professional), (Photographer/Artist/Architect) grants to (Customer/Real Estate Professional) a license to use the (photograph/drawing/rendering) in the (Customer/Real Estate Professional) (Board's/MLS's) compilations of properties (current and sold) and in real estate related advertising. Image usage rights are nontransferable to any third party. (Photographer/Artist/Architect) cannot be required to transfer ownership rights (including intellectual property rights) in their listings or listing content to MLS to obtain or maintain participatory rights except that MLSs may require participants to grant the licenses necessary for storage, reproduction, compiling, and distribution of listings and listing information to the extent necessary to fulfill the defined purposes of MLS. The photographer will retain all copyrights, but the agent may purchase the copyrights for an additional fee.

Compliance with Advertising Standards & Local Laws:

Mark Jacobs Productions provides professional image editing services at the specific direction of the client. The client acknowledges that various jurisdictions, Multiple Listing Services, and regulatory bodies have specific and evolving rules regarding the disclosure of "Digitally Altered" images. It is the sole responsibility of the Client to determine if the provided images require disclosure under local laws, professional codes of ethics or Multiple Listing Services guidelines. By accepting and using these images, the Client assumes all liability for the proper disclosure and representation of the property in all marketing materials and agrees no to hold Mark Jacobs Productions harmless from and fines, legal actions, or disciplinary measures resulting from the use or publication of these images.

SINGLR PROPERTY WEBSITES:

Single Property Website are active for 1 year from date the site goes active. If you need the site active after the first year, you can renew the tour in your account from the site activation page.

IMAGE USEAGE BY MARK JACOBS PRODUCTIONS:

Mark Jacobs Productions retains the copyright and rights to use images, videos and the property address on any electronic or printed advertisement for the promotion of Mark Jacobs Productions media services. These advertisements are not bound or restricted by any written or verbal agreements between client and other parties.

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