Terms of Service

This Licensing Agreement (the “AGREEMENT”) is entered into effective on this date, the date the form is submitted, between GVA Home Hours (“Company”) and you, the entrant (“CLIENT”). All references to the Client in this Agreement shall include Client’s parent companies, affiliates, and subsidiaries. 

Scope of this Agreement: 

This Agreement applies to any photograph, graphics, digital assets, video, or digital images created or taken by GVA Home Toursa and its employees or contract personnel and delivered to the Client (collectively known as “PHOTOS” or “VIDEOS” or “ASSETS”) for the property address entered in this form (“PROPERTY”).

This Agreement governs the relationship between the parties and in no event shall any e-mail communication or other exchange, amend or otherwise modify the terms of this Agreement unless agreed to in writing. 

Copyright: 

All Photos and rights relating to them, including copyright and ownership rights in the media in which the Photos are stored, remain the sole and exclusive property of GVA Home Tours. 

Client Usage; Limited Commercial Use License: 

This license provides the Client with the limited right to reproduce, publicly display, and distribute the Photos only for promotional or advertising purposes directly related to the sale of the Property. Photos used for any purpose not directly related to the sale of the Property must be with the express permission of GVA HOME TOURS and the payment of additional fees, unless otherwise agreed to in writing. Photos may be uploaded to any MLS listing service solely for promotion of the Property during the pendency of this Agreement. However, regardless of any terms and conditions of the MLS, at no time does this Agreement provide Client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act (R.S.C., 1985, c. C-42). Photos may contain copyright management information (CMI) at the discretion of the Photographer in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Notice and Notice Regime (NNR) and Client will be responsible to the Photographer for any penalties and awards available under the statute. Client is responsible for ensuring that the Photos are removed from MLS databases at the expiration of this Agreement. Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date of this Agreement, or (2) at the termination of Client’s representation of the Property, whichever occurs first. Further use of images beyond one (1) year requires GVA Home Hours’ permission and additional fees. Rights are assigned to the Client immediately upon delivery of the Photos. The Assets may not be altered, edited, or manipulated in any way. The Assets may not be sold, leased, loaned, assigned, given away, or used by anyone other than Client.

Relationship of the Parties: 

The parties agree that GVA Home Tours is an independent contractor, and that neither GVA Home Tours, nor GVA Home Tours’ employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Photographer and the Photos or any other deliverable Assets prepared by GVA Home Tours shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.

Creation: 

The manner and method of creating any Photographs, Videos, or Assets is solely at the discretion of GVA Home Tours and employees or contract personnel and the Client has no right to control GVA Home Tours or its employees or contract personnel’s manner and method of performance under this Agreement. GVA Home Tours and their employees or contract personnel  will use his/her/thair best efforts to: (a) ensure that the Photos, Videos, and Assets conform to Client’s specifications and industry standards; and (b) submit all Photos, Videos, and Assets to Client in publishable quality, on or before the applicable deadlines. The client is solely responsible for ensuring the condition of the property, to be suitable for the photographer to photograph, as outlined in the provided Home Preparation Document.

Delivery: 

GVA Home Tours and its employees or contract personnel may select delivery of photographs in JPEG, TIFF, PNG, or other standard format, at a resolution that GVA Home Tours determines will be suitable for the Photos, Videos, and Assets as licensed. It is the Client’s responsibility to verify that the Photos are suitable for reproduction and that if the Photos are not deemed suitable, to notify the GVA Home Tours in writing with five (5) business days. GVA Home Tours sole obligation will be to replace the Assets at a suitable resolution but in no event will GVA Home Tours be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided, GVA Home Tours is not responsible to provide images 1) larger than 2000px wide at 72ppi or 2) 1080p Video format. GVA Home Tours has no obligation to retain or archive any Assets delivered to Client. 

Fees: 

Client agrees to pay fees outlined prior to accepting this agreement. 50% service fee retainer is required for any booking. All bookings and their related fees are considered on an individual basis. All fees and expenses payable under this agreement are requested on the date of Asset delivery and required no later than ten (10) business days from the delivery of the Assets and payable irrespective of whether Client makes actual use of the Photos. If full payment has not been received within thirty (30) days or delivery all rights are revoked at GVA Home Tours’ discretion. In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed within ten (10) days. Client shall provide the GVA Home Tours with a written statement that all images have been removed and destroyed.  

Rescheduling/Cancelling: 

GVA Home Tours may reschedule the session due to availability, illness, or inclement weather and will work with Client’s schedule to reschedule as soon as possible. If a Client needs to reschedule due to illness of anyone involved in the session, Client will do his/her best to notify Photographer at least 48 hours prior to the session or at least as soon as possible after the issue is identified. The paid session fee can be transferred to another day and time upon the rescheduling of a session, so long as the rescheduled session takes place within 3 months of the original session date, otherwise the retainer fee will be forfeited. If the Client cancels a session any time until 24 hours prior to the session date and time,for any reason, and does not reschedule within the provided three (3) month period, the Client will forfeit the nonrefundable 50% fee. Cancellations within a 24 hour period of the session will be non refundable and will forfeit the retainer. Cancelations with less than 2 hours notice prior to a session will be subject to a $50 fee and will forfeit the retainer. 

Reschedule and Refunds: 

Due to the custom nature of custom product and commercial photography, digital files cannot be returned and all money paid is non-refundable. Re-shoots are determined at the discretion of the GVA Home Tours. Re-shoots and refunds will not be given for client’s lack of preparation, weather related issues, or by not following the recommendations of the GVA Home Tours. 

Transfer and Assignment: 

Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations. 

Indemnification: 

Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Photos or materials furnished by Client.

Release:

 It is the Client’s responsibility to obtain the necessary model or property releases. Client hereby releases Photographer and his/her legal representatives, heirs and assigns from any and all claims and liability relating to the photographs. 

General Law/Arbitration: 

This Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the British Columbia, Canada. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located in British Columbia, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum. 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 enforce-ability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

Electronic Signature: 

This Agreement may be signed or aprooved via electronic means, which will be fully binding as an original signature. By submitting this from you agree to the terms and conditions of this agreement.

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