Terms of Serivice
Terms of Service
1. Agreement to Terms
By booking a photography session with or dowloading content from Cloud Peak Media (“we,” “us,” or “our”), you (“Client”) agree to comply with and be bound by the following terms and conditions. If you do not agree to these terms, please do not book our services.
2. Use of Images
* Photo Rights: Upon full payment, the Client, their direct team and brokerage are granted a non-exclusive, non-transferable license for marketing and promotional purposes related to the listing for which they were commissioned. We retain copyright to all images.
* Third-Party Usage: The Client agrees not to provide the images to third-parties for their use. Should a third party request usage, their licensing must be granted seperately by Cloud Peak Media.
* Portfolio Use: We reserve the right to use images for our portfolio, website, social media, and promotional materials, unless otherwise agreed upon in writing.
3. Services Provided
We provide real estate media services which include, but are not limited to, interior and exterior property photography, aerial photography, and virtual tours. Specific services to be provided will be outlined in the service agreement or invoice.
4. Bookings and Cancellations
* Booking: All bookings must be made through our website, by phone, or via email. A booking is not confirmed until you receive a confirmation email.
* Cancellations: Cancellations made more than 24 hours before the scheduled session are eligible for a full refund. Cancellations made within 24 hours of the session are subject to a cancellation fee of 30% of the total service cost. Onsite cancellations are subject to a cancellation fee of 50% of the total service cost.
5. Payment Terms
* Pricing: Prices are as listed on our website or in your service agreement. We reserve the right to change our pricing at any time, however confirmed bookings will not be affected by such changes.
* Adjustments: Adjustments may be made to invoice to reflect rates for correct square footage if booking was made with incorrect information.
* Payment: Full payment is due upon receipt of the invoice. If payment is not received within 14 days of the invoice date, we reserve the right to charge a late fee of 10% per week on the outstanding balance.
6. Delivery of Services
* Turnaround Time: Photos will be delivered the next day following the shoot by 5pm, unless otherwise specified.
* Delivery Method: Photos will be delivered digitally via a secure online gallery or file transfer service.
* Revisions: One round of minor revisions for issues like color or brightness is included in the service fee. Color cannot be guaranteed to be 100% accurate due to artificial lighting and other complicating factors, however we try our best to be as close to accurate as possible. Included revisions do not include work to retouch blemishes, clutter etc that were present on the property. Additional revisions will be billed at an hourly rate of $75.
7. Property Representation
*We do not make structural alterations to images, such as modifying the layout, removing permanent features, or adding elements that do not exist, unless explicitly requested by the client. Any requested edits must be disclosed to potential buyers or viewers as necessary. We do not guarantee the accuracy, completeness, or authenticity of any visual representation, and we shall not be held liable for any claims arising from discrepancies, omissions, or misinterpretations related to the property’s condition, features, or appearance.
8. Client Responsibilities
* Property Preparation: The Client is responsible for ensuring the property is clean, organized, and ready for the photography session. We are not responsible for any cleaning or staging.
* Access to Property: The Client must provide access to the property at the scheduled time. If we are unable to access the property, the session may be cancelled, and a cancellation fee may apply.
9. Liability
* Damage to Property: We take great care to avoid any damage to the property during the shoot. However, we are not responsible for any pre-existing conditions, damages, or issues that arise during the photography session.
10. Confidentiality
* Client Information: We will not disclose any personal or sensitive information provided by the Client to third parties, except as required by law or with the Client’s consent.
11. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of Colorado. Any disputes arising from this agreement will be resolved in the courts of Colorado.
12. Amendments
We reserve the right to amend these terms and conditions at any time. Any changes will be posted on our website and will apply to bookings made after the date of the amendment.