Terms of Service
By ordering any services from Pinnacle Real Estate Marketing / Pinnacle Services Network, you agree to the following Terms of Service as stated. These terms are subject to change without notice.
Cancellations
All scheduled services require the client to provide a 24 hours notice of cancellation or reschedule before the scheduled appointment. Pinnacle Real Estate Marketing reserves the right to charge a $50 fee for all cancellations or reschedules made less than 24 hours before appointment time.
Unable to Start Services
The client and/or realtor are solely responsible for the preparation and condition of the property where the services are to be performed. If the Pinnacle Real Estate Marketing Photographer on site determines that the site is not properly prepared; can not access the property; or that additional preparation of the property will delay the photographer, Pinnacle Real Estate Marketing reserves the right to cancel the appointment and charge a $50 cancellation / reschedule fee.
Property Staging Cancellations
It is our policy that our photographer not stage or move anything on the property, however our photographer will at their own discretion, adjust minor items such as window coverings, pillows, turn lights on, turn fans off as deemed necessary to better capture the scene and move small items that may be distracting in the photo. The Realtor and/or property owner needs to walk through the entire property to ensure it is ready for our services. This would include ensuring all lights are on and ceiling fans are off. Please review our Property Preparation Checklist to help with the preparation of the property before our photographer arrives.
Property Condition
Photographer will do their best to ensure that all significant aspects of the property are photographed unless the condition of the aspect has a negative impact on the property. This shall be left up to the photographer’s discretion, unless specific aspect(s) of the property are specifically requested by the agent or the property owner. Once the services have been performed for a property the services can no longer be cancelled.
Property Defects
Once the services have been completed on a property, the services may not be canceled. The photographer will not retouch images to disguise any known defects and/or physical structures such as cracks in wall or driveways, power lines unless specifically directed by the homeowner or realtor and payment for this advanced editing is provided.
Property Safety
The property owner shall ensure there are no hazards to the photographer’s safety. The property owner should supervise pets and ensure they are out of the camera’s view. Photographer may recommend the pet be taken to a different location so the services can be completed.
Quality
Pinnacle Real Estate Marketing will provide the client with the highest quality of service and images possible. However, the quality is limited to the subject being photographed. If a Realtor or Property Owners does not properly stage the property it will result in poor quality photography. We provide and have available a checklist to help with this process.
Time Limits
Our services are scheduled for a specific amount of time and already include additional time to account for possible issues. An extreme overrun of this amount of time may incur an hourly fee of $150/hour if determined to not be the fault of Pinnacle Real Estate Marketing.
Force Majeure
Pinnacle Real Estate Marketing is not liable for any service interruption or cancellation due to weather or Force Majeure.
Rainy Day
If the weather threatens to prevent the services, it is the client’s decision to continue or reschedule. If rain is already present, our photographer can perform all of the services inside and reschedule to return and perform the services outside. Otherwise all of the services can be rescheduled to another available time. (No reschedule fees will be assessed based on weather.)
Arrival Time
Pinnacle Real Estate Marketing shall notify clients of a late arrival. Although we plan to be on time to every appointment there are occasions where this is excessive traffic, weather or other factors that could cause a delay. We will make every effort to ensure we arrive at our scheduled time.
Liability
Pinnacle Real Estate Marketing is not liable for the failure of income of any services we provide.
Online Availability of Product
Pinnacle Real Estate Marketing provides users the ability to view thumbnail size versions of the final photography only until payment in full is made through Square or Stripe. We utilize third party services for some of our services. Although we have chosen vendors with a high reliability, routine maintenance and server outages are beyond our control. We assume no responsibility for these outages although we will work to resolve the issues as quickly as possible.
Alterations of Final Products Produced from our Services
No alterations are approved to be made of any product that is produced based on the services we provide. No use of Photoshop or other editing programs is permitted on any product by client, property owner, realtor or any other person.
Additional Fees
Any service requested outside of the planned service may incur a free. This includes additional time on site for staging and getting a property ready for photography.
Product Turn Around
Pinnacle Real Estate Marketing guarantees a 24 – 48 hour turnaround on the final product from the time the photographer leaves the property. Delivery time could be extended based on a third party delay. i.e. Matterport 3D Virtual Tour process or Floor Plan Creation.
Client Cooperation
We will do everything within our control to ensure you receive your finished product on time. As times this requires cooperation and information from the client in a timely manner. We assume no responsibility for delay of final product due to client delays.
100% Money Back Guarantee
This guarantee is applicable to all of the photography services we provide. In the event we are unable to provide the requested photo services at the time of appointment we will refund 100% of Monies Paid for those services. This guarantee does not include delivery of the final digital product it only guarantees that the photography services appointment will occur at the scheduled time.
Payment Policy
Pinnacle Real Estate Marketing operates on a fee for service basis, all monies owed are payable upon scheduling of the services unless previous arrangements have been made to be invoiced after services are rendered. If invoice is emailed it is due upon receipt and if left unpaid after 14 days or receipt will incur a $50 late fee. If invoice remains unpaid after 30 days, invoice will be submitted to collections and/or small claims court for payment. We accept online credit and debit payments only through Square and/or Stripe. You will receive an emailed receipt within minutes of making your payment through both payment methods. Please check your spam folder as the receipt may end up there.
Service Area
We provide services in Palm Beach, Broward, Miami Dade, Collier, Lee, Charlotte, Desoto, Sarasota and Manatee counties with no additional travel fees. Areas outside these nine counties will be subject to an additional travel fee. Travel to islands that require boat or air travel will incur a fee to pay for our time during the additional travel time.
Copyright Notice
Pinnacle Real Estate Marketing retains the copyright for all final services. Pinnacle Real Estate Marketing reserves the right to use products produced from our services for promotion of our services on our website, Facebook, Google+, etc.
Client Final Product Rights
Whomever has paid for our services has permission to use the products produced from our services on any electronic or printed form of advertisement for the promotion and sale of this property. Our final products cannot be altered after they are received. Our final products cannot be sold to another Realtor, future homeowner or anyone else. They cannot be used again by another Realtor who takes over an expired or withdrawn listing. If someone including another Realtor would like to use our final product, they need to contact us for instructions and payment. Without our approval and payment will result in a copyright infringement / violation. They will be asked to remove our final product from any electronic or printed form. Continued use and failure to stop will result in legal action.
Additional Realtor/Client Final Product Usage Rights
Your MLS may claim that by uploading listing photos to the MLS site the agent transfers ownership and/or copyright of the photos to the MLS. Court cases have shown this is false. The agent cannot transfer the ownership and/or copyright because they do not own the copyright. Copyrights can only be transferred via a signed document. MLS services just want to protect themselves and their members and no one wants to spend the time and money to MLS services to fix their rules if they do not violate the photographer’s copyright. Typically, we ignore the false claim of the MLS in copyright.
Some photographers may not discuss licensing with you. This may be either because they have not taken the time to or they don’t intend to re-license their final products. In any case please do not assume that a lack of discussion about ownership means that the agent owns the final products. You must always check with the photographer before giving your final products to anyone.
Many real estate photographers expect to license their final products to other parties. Perhaps the stager, the architect, and interior designer or another real estate agent. Please do not give away or use your final products for anything other than their intended initial use and your license to use them.
Photographers own the final products they create. So when you hire a real estate photographer to take photos and provide other services of a property you are paying for a temporary license for one specific person (the agent or client) to use those final products for a specific purpose (advertise your listing) for a specific length of time (the duration of the listing.)
If you do not fully understand or have questions about our terms of service, feel free to contact us via telephone at 800.557.3005 or via email at info@pinnaclerealestatemarketing.com