Terms of Service
Terms Of Service and Cancellation Policy for Real Estate Photography Services.
Payment is due before delivery of photos. We accept Cash, Check, Visa, Mastercard, American Express, and Discover cards. Your payment can be easily made online at a secure and encrypted payment area when booking, or at the time of the shoot. All checks should be made out to “Ryan O’Donnell”.
Delivery of Photos
All photos will be delivered to the client NO LATER THAN the end of next Business Day after the actual shoot via electronic means such as Google Drive or Email. We strive to have photos by end of next business day, In rare situations such as google server issues, the delivery may exceed the end of next business day guarantee. We do not upload to 3rd party websites, like Trulia.com, Zillow.com, Realtor.com, or the MLS.
Photographer will deliver photographs in JPEG or other standard format, at a resolution that Photographer determines will be suitable for the Photos intended use. 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 Photographer within five (5) business days. Photographer’s sole obligation will be to replace the Photos at a suitable resolution but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages.
Scheduled Time and Property access
If Ryan O’Donnell Photography arrives at the property and is unable to gain access, we will do everything possible to make contact and rectify the situation. If the shoot must be abandoned, then we will charge a penalty of 60% of the fee amount and purchaser will have the opportunity to reschedule at another time.
WEATHER AND HAZARDOUS CONDITIONS
In the case of high winds, thunderstorms or other hazardous conditions, the photographer reserves the right to determine if proceeding with the shoot is possible. Client must call one (1) hour ahead to discuss current weather conditions and if negative weather could impact the photo shoot they may reschedule for no additional fee. It is at the client's discretion to determine whether to reschedule or accept the risk that the photo shoot may result in certain undesired images or have other services missing. In the case the photographer needs to return in order to finish the assignment, the client will be responsible for the additional expense.
In the case that Ryan O’Donnell Photography feel unsafe or threatened in any way while on site, the photographer has the right to leave the scene immediately regardless of progress. An on-spot cancellation fee of $75 may apply to clients account and Ryan O’Donnell Photography reserves the right to deny rescheduling.
Photo Selection – Pre-priced packages
Numerous photos will be taken. It is at the sole discretion and judgement of Ryan O’Donnell which photos become part of the final package. Client may request some shots to be included in advance and must provide access to those areas i.e. community pools, rooms, fitness, parks, signs, beach, tennis, lakes.
“Ryan O’Donnell Photography” is a service of “O’Ryan Sound.”
Ryan O’Donnell retains ownership of all intellectual property and other rights in any materials, Videos or Photographs produced or created by us during the provision of services. All photos and videos produced for the client may be used by that agent for all marketing associated with the current sale of the property in accordance with local MLS rules. Please note that all photos are copyrighted by Ryan O’Donnell, and a license is granted only to the Agent and NOT to any third party. Any usage of the photos by a third party, including but not limited to architects, builders, stagers, designers, sellers or buyers is prohibited unless approved in writing by Ryan O’Donnell. Ryan O’Donnell may use any photos for inclusion in an on-line portfolio, website or other advertising.
Cancellations and Refunds
No refunds are provided. A service may be Canceled or Rescheduled without penalty provided it is done with three (3) days advance notice. A fee of 20% of the service cost may apply to Cancel or Reschedule a photo shoot with two (2) days’ or less notice. A fee of 40% of the service cost may apply to reschedule a photo shoot with 24 hour or less notice. Please contact me at least 12 hours prior to the photo shoot to cancel your appointment to avoid a late cancellation fee of 50% of the photo shoot.
Disclaimer of Warranties with Respect to Use of Website
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RYAN O’DONNELL PHOTOGRAPHY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
RYAN O’DONNELL PHOTOGRAPHY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. RYAN O’DONNELL PHOTOGRAPHY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.