Waiver of Liability and Assumption of Risk Agreement

 

Use of Premises

 

By ordering services from AZ Luxury Image, the Client agrees to the entirety of the following agreement for any and all productions or work associated with this project.

 

WAIVER:

 

In consideration of the service(s) to be conducted and project(s) to be produced at the premises, its satellite, or other extensions of said premises related to this project, I, myself, my business, or any other entity I represent including my broker, clients, heirs, representatives or assignees, do hereby release, waive, discharge, and covenant not to sue Atlas Media LLC, hereafter referred to as "AZ Luxury Image," its trustees, directors, officers, employees, contractors, and/or agents from liability from any and all claims including negligence resulting in personal injury, accidents, or illnesses (including death) and property loss arising from the use of or presence at said premises.

 

INDEMNIFICATION AND HOLD HARMLESS:

 

I also agree to indemnify and hold harmless Atlas Media LLC, its trustees, directors, officers, employees, contractors, and agents, from any and all claims, actions, suits, costs, expenses, damages and liabilities including attorney fees as a result of this project and the use of premises.

 

SERVICE & PRODUCTION REQUESTS:

 

To ensure the best results of the service & production requested, please be sure the property is ready prior to the scheduled time of appointment(s).

 

* The Client is expected to have the property “camera ready” prior to the beginning of the arrival window. This includes all cleaning and furniture staging.

 

* We ask that you have your clients review our Pre-Shoot Guide. This clearly states what needs to be done and what AZ Luxury Image will not do when on site.

 

* The Client in regard to the property shall ensure that there are no hazards to AZ Luxury Image or its employees or subcontractors at the site.

 

* If the AZ Luxury Image photographer arrives at the appointment and the home is not ready, the property will be shot “As Is”.

 

*Absent your input, the AZ Luxury Image photographer will use his/her best judgement and experience to decide which angles will best highlight the property.

 

* If there is predictable bad weather, the Client must reschedule with us at least 24 hours before the shoot. Last minute postponements or cancellations are subject to a fee.

 

ORDER DETAILS & ACCURACY:

 

* The Client is expected to have accurately entered or communicated all pertinent information at the time the order is placed. We reserve the right to update incorrect information and adjust the pricing of the order to accurately reflect the order (ex. The Client enters that the property is 1,200 square feet but it is actually 2,400 square feet).

 

* Our pricing reflects the cost for a single dwelling in a residential household. For commercial or multi-unit properties, please contact us at info@azluxuryimage.com for a personalized quote.

 

WORK PRODUCT OWNERSHIP:

 

Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by AZ Luxury Image, its employees or subcontractors shall be the exclusive property of AZ Luxury Image. AZ Luxury Image reserves the right to use video, and photos for advertising, display, publication, or other purposes. All photos, samples, videos, and proofs remain the exclusive property of AZ Luxury Image unless waived by amendment to this agreement. Unauthorized use of photographs/video is a copyright violation and will result in the termination of this contract.

 

TURNAROUND TIME:

 

Once on site, AZ Luxury Image will need 1-4 hours depending on the services requested. Delays that may arise could affect or jeopardize the production schedule and turnaround time for delivery.

 

* 1 business day for photos

 

* 1 business day for twilight/virtual twilight photos

 

* 1-2 business days for virtual staging photos

 

* 1 business day for 3D virtual tours (Matterport or Zillow)

 

* 1-2 business days for 2D floor plans

 

* 1-3 business days for 1–2-minute cinematic videos

 

*AZ Luxury Image may not always be able to provide these services*

 

HOSTING:

 

AZ Luxury Image will guarantee media hosting for one-year from appointment date, with the exception of Matterport 3D Tour & Floor plan. Matterport media will be stored until sold, with a maximum of six months. Once the hosting time expires, the user is responsible for permanent media storage.

 

VIDEO EDITING & POST-PROCESSING:

 

AZ Luxury Image property videos typically follow a format of drone footage followed by property walk-through, with royalty free music. If another format is needed, the Client must provide specific requirements or details to AZ Luxury Image prior to the start of the shoot.

 

* After content is delivered, please let us know within 2 business days if you have any changes you would like to make.

 

* After 2 business days, we will consider the project completed and any changes may be subject to additional fees.

 

CANCELLATION & POSTPONEMENT POLICY:

 

AZ Luxury Image understands that sometimes schedule adjustments are necessary. Therefore, we offer some flexibility for the Client to cancel or postpone projects. The Client must notify AZ Luxury Image of any necessary changes to the schedule 24 hours in advance.

 

* Any appointment cancelled or changed without 24-hour notice will result in a fee of $50.

 

* Any appointment missed (Once an employee of AZ Luxury Image is on site and is unable to begin the assignment), there will be a charge of the total invoice.

 

* Any appointment delayed by more than half an hour will be subject to a rescheduling fee. Our team is required to leave at the end of the scheduled shoot if they have another appointment, and we will need to reschedule if the project is incomplete. The agent assumes all responsibility for delays.

 

WEATHER POLICY:

 

There may be events when services cannot be fulfilled due to weather. In those circumstances, the decision about the shooting is up to the Client. If the Client proceeds with production, AZ Luxury Image will provide to the best of our ability to complete the assignment. If additional outdoor production is required on another day with better weather, standard rescheduling rates will apply. If there is predictable bad weather, please reschedule with us at least 24 hours before the shoot. Cancellations must be made 24 hours in advance.

 

* Reschedules will be subject to availability.

 

LIMITED LICENSING RELEASE:

 

In order to provide the Client with the best service and support at reasonable pricing, AZ Luxury Image does not sell exclusive rights to the Work Product, content, or intellectual property produced. AZ Luxury Image licenses their use. The fee quoted is dependent on (1) payment of the invoice in full prior to downloading media, and (2) using the video/photographs only as indicated.

 

* Only the Client has permission to use the delivered photos and video on any electronic or printed forms of advertisement for the promotion of the listing.

 

* Builders, Stagers, Designers, or “Third Parties” that wish to use Photographs or Video must contact AZ Luxury Image directly for licensing and fees.

 

* For image integrity and quality control AZ Luxury Image asks that photographs and video not be heavily altered once delivered. Re-sizing is an exception.

 

GRANT OF RIGHTS:

 

You hereby grant to AZ Luxury Image, and its affiliates, contractors, commercial partners, licensees, successors and assigns a non-exclusive, perpetual, fully transferable, sublicensable worldwide right and license, to create, reproduce, display, transmit, and distribute the Work through any and all media now known or hereinafter developed. The "Work" is defined as photo(s), video(s), and/or 3D content, floor plans, graphics, audio, animation, constituent files, and other visual content of the property produced under these terms including any derivative works created therefrom. Any and all rights not expressly granted here are reserved to AZ Luxury Image, including copyright and ownership rights in the Work. AZ Luxury Image reserves the right to use the Work for the company's portfolio, samples, self-promotions, entry in contests or exhibitions, editorial use, or for display within or on the outside of AZ Luxury Image's premises. AZ Luxury Image further reserves the right to assign, transfer, license, distribute, or syndicate the Work and any and all rights in the Work to its commercial partners. Except as explicitly set forth herein, You have no ownership rights in the work and no right to sell or license the Work to any third party or copy, modify, reproduce, or create derivatives of the Work without the prior written consent of AZ Luxury Image.

 

USAGE:

 

In exchange for the Grant of Rights set forth herein, AZ Luxury Image grants to You the right to use the images created from the Work and provided to you by AZ Luxury Image for purposes of marketing and promoting the Property, promoting Your real estate business and/or the listing(s), Your brokerage(s), and/or Your business(es) ("Your License"). Your License is non-exclusive, non-transferable, covers all territories and media, and is for an unlimited time on websites owned by You. You may authorize third-party websites such as, but not limited to, Multiple Listing Service (MLS) or real estate listing portal websites to display said content solely for the purpose of advertising the subject listing, for as long as said listing is actively listed for sale by that listing agent. Your authorization to third-party websites will automatically expire once said listing is no longer available for sale or any relevant listing agreement between the Property owner and the listing agent has ended, whichever comes first.

 

RELEASES, LICENSES, & AUTHORIZATIONS:

 

By contracting with AZ Luxury Image to produce the Work, You warrant and represent that You are authorized to enter into this Agreement with regard to the Property and You certify that You have obtained all appropriate and necessary releases, permissions, waivers, licenses and/or authorizations (hereinafter "Clearances") for the Grant of Rights and Usage Rights set forth in these Terms and Conditions, including but not limited Clearances from the owner of the Property and any other owners of intellectual property rights contained in, on, or around the Property and captured as part of the Work, including the underlying architectural work. You further warrant and represent that the Property owner and any occupants of the Property have waived any expectation of privacy rights in relation to the images captured and distributed in accordance with the grant of rights hereunder. You agree to indemnify and hold harmless AZ Luxury Image against any and all claims, costs, and expenses, including attorney's fees, due to uses of the Work for which You did not obtain the appropriate Clearance including uses that exceeded the Clearances actually obtained by You.

 

SEVERABILITY:

 

If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

 

The undersigned further expressly agrees that the forgoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the State of Arizona and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

 

ACKNOWLEDGEMENT OF UNDERSTANDING:

 

I have read the entirety of this Agreement, waiver of liability, assumption of risk, and indemnity agreement, and fully understand its terms. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature or decision to proceed with AZ Luxury Image servicing or producing the Work Product to be a complete and unconditional release of all liability to the greatest extent allowed by law.