By ordering services from Mark Jacobs Productions, you are agreeing to the following Terms of Service for Digital Photography/videography and Tour Products. These terms are subject to change without notice.
Scheduling and Contact Information:
We only want our clients to think warm and fuzzy thoughts about us and fee policies like this don't really do that - but we do have to pay our photographers when we reserve their time. When you schedule services with us, you are reserving a valuable time slot that will not be available to others. When you cancel or reschedule the same day as your photo shoot, we have to pay our photographers for that reserved time.
While everyone understands the purpose of cancellation fees and agrees to the terms of service, nobody likes paying them. So we do our very best to keep you apprised about your upcoming appointment. We suggest you confirm the appointment with your client 48 hours before the scheduled shoot. As soon as you become aware that the property is not ready as scheduled, call Mark Jacobs Productions at 704-230-1033 and/or email firstname.lastname@example.org so we can notify the photographer and either remove it from the schedule or set up a new appointment time.
All orders can be canceled at any time for any reason. Mark Jacobs productions does not charge a cancellation fee. However, our credit card processor does charge a fee of 2.9% of the total invoice to process a credit card refund which takes 5 to 10 business days to show in the client's account. This processing fee of 2.9% is passed on to the client.
If you reschedule the appointment with less than 24 hours notice, then you agree to pay a reschedule fee of $50.
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 15 minutes to an appointment will be considered a cancellation, and will be billed at the full rate of the shoot.
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.
Mark Jacobs Production operates on a fee for service basis, all monies owed are charged at the time of booking, irregardless of the sale of the home or other conditions. We accept Visa, Master Card, Discover, and American Express.
Photographers are not responsible for taking payment information in the field. Credit Card information is required at the time you place the order. If you wish to provide/modify your account information, please call Mark Jacobs Productions directly at 704-230-1033.
It is the client’s/agent's 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.
COVID 19 POLICY:
We are following CDC guidelines to ensure the safety of the agent, seller, and photographer. The agent and seller should not be in the home during the shoot to limit possible exposure. Photographers will not touch or move anything in the home. The property will be shot in an AS IS condition. Please make sure the property is ready to shoot when we arrive.
We recommend agents attend all shoots and ensure we capture the media needed by the agent. Otherwise, the photographer will use his/her best judgment and experience to decide how best to photograph the property.
The agent has 72 hours from receipt of photos to request a re-shoot. Mark Jacobs Productions will re-shoot up to 5 images due to poor image quality or poor image composition at no charge at our next opportunity. We will make every effort to make it ASAP. Poor images due to weather conditions, property conditions, or the property not being prepared/staged for the shoot are not eligible for re-shooting. If the agent would like a re-shoot there will be an additional charge.
The listing agent must be present at re-shooting (no exceptions) and approve the images before the photographer leaves the property.
Drone images and Video media are not eligible for free re-shoots. If the agent would like a re-shoot of drone media there will an additional charge.
Note - The house should be shoot-ready when we arrive. Although we would love to help style/design the home, unfortunately, we do not have the skill set required to do so. When we arrive to take photos of the property, we ask that all staging and cleaning be done prior to our arrival. To efficiently maintain my busy schedule and deliver the level of service my clients expect, we can not spend unnecessary time at the home waiting for it to be cleaned, dusted, de-cluttered, etc. We would highly recommend that the agent use our Ultimate Guide: How to Prepare Your House for Real Estate Photography and walk the home with the owner before the photoshoot to ensure everything is ready.
Mark Jacobs Productions will not partake in any of the following duties while photographing your home: Move or re-arrange furniture, make beds, clean, dust or de-clutter, pick up toys or yard items, touch personal bathroom supplies (shampoo, toothbrushes, deodorant, towels).
Mark Jacobs Productions grants you a non-exclusive, non-transferable, 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 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.
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, for a term of 1 year. 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 (“Content’) created by Mark Jacobs Productions are copyright protected. Photos and videos are to be removed Zillow, Trulia, Realtor.com, Youtube, Vimeo, and all other third party sites used for marketing after the listing is sold, expired, or withdrawn. Any other use of photos and videos are subject to additional licensing fees.
Mark Jacobs Productions respects copyright law and expects you to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. As a condition to your use of the Service, or your use of the site, you agree that you will not use the Site or Service to infringe the intellectual property rights of others in any way. Mark Jacobs Productions policy is to terminate access to the site and use of the Service by any users who are repeat infringers of the copyrights or other intellectual property rights of others.
The photographs and videos taken by Mark Jacobs Productions are licensed to the agent who paid for the service for a one-time, non-exclusive commercial use for the marketing of the given property for the term of 1 year. Images may be used in any manner related only to the sale of the given property under the agent who originally purchased the services. The photos may no longer be used or license transferred in any way after the listing has closed, expired, withdrawn, re-listed with another agent, or the listing is withdrawn and re-listed by another agent in another firm without the written permission of Mark Jacobs Productions. Images cannot be sold to another agent or firm who takes over an expired or withdrawn listing. Photos cannot be sold to a third party for any reason. Photos and videos should be removed from Zillow, Trulia, Realtor.com Youtube, Vimeo, and all other third-party sites after the listing is sold, expired, or withdrawn. Any other use of photos and videos are subject to additional licensing fees. All tour sites and videos will contain Mark Jacobs Productions branding. Copyrights for photos videos can be purchased and transferred for an additional fee.
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, brochures and other promotional materials, including the right to reproduce, create derivative works from, distribute, and publicly display the (photograph/drawing/rendering) in print, on the Internet and otherwise. The photographer will retain all copyrights, but the agent may purchase the copyrights for an additional fee.
COPYRIGHT TRANSFER POLICY:
Copyright may be transferred only to the agent who paid for the services for an additional fee. All parties must sign a written Assignment Agreement with Mark Jacobs Productions or sign a Work Made For Hire Agreement to Transfer of Copyright.
* Note, If you add media from a source other than Mark Jacobs Productions, you must ensure you have a written release from the media source that they have approved the media for commercial use.
Credit Card Terms:
By providing this information you certify that you are the card owner or have the authorization to charge on this card. Additionally, you authorize Mark Jacobs Productions to charge the card for the rendered services. Your financial account could be debited as early as today or at the time of delivery. Refunds can take 5 to 10 days to appear back on the client's card.
You agree to indemnify, defend and hold harmless Mark Jacobs Productions, its officers, directors, employees, agents, licensors, suppliers and any third-party service providers to the Site and/or Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising from any breach of these Terms or of any representation, warranty, or covenant you make herein; your access to and use of the Site; your use of the Service; your creation, your use of the Third Party Content; and your grant of rights and licenses to Mark Jacobs Productions pursuant to these Terms.