TERMS & CONDITIONS
Rooted Elements Media OWNS THE COPYRIGHTS TO ALL PHOTOGRAPHS AND VIDEOS THAT IS PRODUCED. Rooted Elements Media HAS THE RIGHT TO PUBLISH ANY PHOTOGRAPHS OR VIDEOS ONLINE FOR OUR OWN MARKETING USE. WHAT ROOTED ELEMENTS MEDIA SELLS TO HIS CLIENTS IS AN INDIVIDUAL LICENSE FOR THEIR OWN ADVERTISING USE. THE PHOTOS MAY ONLY BE USED BY THE PURCHASER FOR THEIR WEBSITE, PRINT ADS, SOCIAL MEDIA, WALL DISPLAYS AND OTHER VARIOUS FORMS OF ONLINE ADVERTISING. THE IMAGES AND VIDEO ARE NOT TO BE GIVEN OR SOLD TO ANY OTHER THIRD PARTIES I.E. (ARCHITECTS, BUILDERS, HOMEOWNERS, INTERIOR DESIGNERS, STAGERS, ETC.) ANY THIRD PARTIES WHO WISH TO USE THE IMAGES OR VIDEO FOR ANY PURPOSE MAY CONTACT STETSON YBARRA LLC AND PURCHASE A LICENSE BASED ON THE THIRD PARTY’S REQUESTED SPECIFIC USE. WE VIGOROUSLY PROTECT OUR COPYRIGHT INTERESTS. IN THE EVENT THAT AN INFRINGEMENT IS DISCOVERED YOU WILL BE NOTIFIED FOR UNAUTHORIZED USAGE AND/OR PROSECUTED FOR COPYRIGHT INFRINGEMENT (COPYRIGHT ACT (R.S.C., 1985, C. C-42, S. 32.2(1)(F)) IN A LAS VEGAS CO
Copyright: Rooted Elements Media is the exclusive copyright holder of the image. Full image rights are not sold or granted, clients only receive licenses. Licensing may be obtained for various applications of images.
Photo Rights and Usage for Real Estate Photography: The agent/client/broker who paid for the service has permission to use images on any electronic or printed form of advertisement for the promotion of that property. The licensing agreement is valid only for the duration the home/property is listed for sale and cannot be reused without specific written permission from Rooted Elements Media. Agents/clients may not sell, transfer, or gift any images for any reason to any third party, especially to another agent who takes over an expired, withdrawn, or canceled listing. These third parties include sellers, builders, interior designers, and any other contractors associated with the property or agent. Image licenses are non-transferable.
Failure to pay for the images will result in a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement within 24 hours. Failure to stop using them will result in legal action.
Once photos have been delivered, the agent and/or homeowner may not make any digital alterations, editing, or "photoshopping" to the photos unless to crop the images. If there is an issue or concern with editing or photos please contact Rooted Elements Media.
Community Photos such as golf courses, clubhouse, fitness centers, subdivision signs, etc., may be licensed in conjunction with property photos in order to market the listing. Rooted Elements Media retains all rights to every photo and therefore used as stock images that may be licensed to other clients. Agents/clients who choose to purchase the community/amenity package may only use those images in conjunction with the designated property. Using the photos in other marketing or in conjunction with other properties, is prohibited unless additional licensing is purchased.
Expectations of Agent/Owner: Agents and homeowners are expected to have the property cleaned and staged prior to the photo shoot. If the property is not ready to be photographed you should make every effort to reschedule 24 hours prior to the shoot. Rooted Elements Media will not be responsible for staging, cleaning, and decluttering. Once we arrive the house will be photographed in “As is” condition.
Cancellation and Rescheduling Policy: By scheduling service you affirm that the property is ready for photos to be taken. You also understand that we charge a $100 service fee when we must return to a property in which it is not our fault. This includes, but is not limited to: property not ready, staging incomplete, construction, agent/owner not home, no key in lockbox, etc. This does include partial photo shoots where the exterior may not be ready or certain rooms are incomplete and the photographer is required to return. We also understand things come up or may change but if a property is rescheduled or canceled within 24 hours of the scheduled shoot time, there will be a 50% total charge from what the customer orders. Any cancellation within The day of the shoot or once the photographer has arrived will be subject to pay full amount.
Weather Policy: We photograph in all weather except for rain. If rain is present the client will be given the option to reschedule at no additional charge. However, the weather should be evaluated several days prior to the shoot to prevent any rescheduling. The weather policy does not cover rescheduling or canceling under 24 hours due to cloudy weather or lack of sun (rain must be present in order for the fee to be waived).
Rush Policy: A minimum of 24 hours notice is recommended when scheduling for a property shoot. A request for photos to be completed and delivered in under 24 hours from time of shoot is subject to a $120 rush fee.
Photo Guarantee: Rooted Elements Media will make every effort to ensure the final images are of high quality and represent the property in the best way. Sometimes however, an agent/homeowner may feel these images do not meet those expectations. In this case, Rooted Elements will work closely with the agent/homeowner to correct the issue and photos. Rooted Elements Media offers a 2 round minimum or re editing and a $100 per hour for additional editing. If a return trip is requested due to issues in the photos regarding decluttering, additional photos not specifically requested prior to shoot, or other aspects that are not directly the responsibility of Rooted Elements Media there will be a charge. A minimum reshoot fee of $100 will be charged to the agent/client, unless it is the direct responsibility of the photographer where then there will not be a charge (ie. missing specific shot requested prior to shoot).
Delivery of Photos and Storage: For most standard real estate shoots, Rooted Elements Media guarantees a 48 hour or less turnaround time. Some photo shoots of larger properties or with extensive editing/special requests, such as “Signature Package” may take up to 3 days. Rooted Elements Media will also maintain a photo backup and provide access to the final images for up to 60 days after the photos are delivered to the client via download link. After 60 days, Rooted Elements Media cannot guarantee the photos will be available, however if they are, there will be a $50 retrieval fee if the client requests another copy. It is highly recommended to download the photos immediately after receiving the final download link as this will ensure no future issues or retrieval fees.
Right to Refuse: Rooted Elements Media reserves the right to refuse service at any time for any reason. At any time, Rooted Elements Media can terminate the relationship or fire a client for overdue invoices, poor communication, or unreasonable requests.
Payment: Payment is expected within 7 days of delivery of the "proof" images to client, or the stated due date on the invoice. Payment is required before photos will be released for download. Failure to pay by due date will result in a $25 fee assessed daily. Failure to pay an invoice past due of 30 days or more will result in legal action.
By hiring Rooted Elements Media services, you are agreeing to these terms and conditions. You are also acknowledging that such agreement constitutes a binding contract between you and Rooted Elements Media.