TERMS OF SERVICE
Photography
Effective Date: 10-28-2023
Acceptance of Terms
By engaging in photography services provided by Realest Exposure, you ("Client") agree to be bound by the following Terms of Service. If you do not agree with these terms, please do not use our services.
PHOTOGRAPHY SESSION ORDER
Upon signed contract constitutes an order for photography in the form of high-resolution images (print) and low resolution (web) on digital files. There are no oral or other agreements of the parties hereto and signed contract constitutes full and complete understanding and agreement between the Client and Realest Exposure.
LIMIT OF LIABILITY
Although care will be taken with the digital files, Realest Exposure limits any liability for loss, damage or failure to deliver photographs for any reason of photographers non-performance caused by any force or similar circumstances, illness, accident or any cause beyond their control. In any event, the limit of photographer’s liability shall not exceed the contract price stated herein.
EXCLUSIVE PHOTOGRAPHER (relates to portrait or non-event sessions only)
It is understood that no other photographer, amateur or professional, shall be allowed to photograph at the session near Realest Exposure while they are working due to reasons of the photographer delivering the quality of images as expected. Any breach of this agreement can constitute a reason for non - completion of the job with no liability to Realest Exposure.
OWNERSHIP OF DIGITAL FILES
It is agreed that dual ownership of the digital files will be maintained by the Client and Realest Exposure. Upon delivery of the digital files to Client’s physical control, the client shall gain personal non-commercial rights to images. It is also agreed that Realest Exposure will have full rights to use all images for advertising purposes. Clients have the choice to purchase additional flash drives of the original files at the time of purchase. However, Realest Exposure does NOT guarantee archival of the digital files passed a period of one year after the session/event date and will not be held responsible if loss occurs as per section 1.
DISPLAY or PROMOTION
It is agreed that the Photographer may display and use photographs from session/event for website and internet promotion, and any other non-commercial purposes thought proper by the Photographer. Some of your images will be displayed on an online gallery here at www.realestexposure.com, feel free to share the gallery but do not copy the images as it is illegal to do so without Realest Exposure’s permission
RESERVATION DEPOSIT & PAYMENT SCHEDULE
Upon signature of contract, Realest Exposure reserves the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the deposit of 50% of the balance stated is non-refundable, even if event date is changed or photoshoot canceled for ANY reason. Sessions can only be rescheduled one time at no cost. The deposit is to be paid at the time of signing & returning this contract. The deposit is applied towards the total balance upon completion and submission of Contract. Client understands and agrees that the entire amount owed for the photography package described in Contract is due on, or before the photoshoot day. (No pictures will be taken until paid)
GUARANTEED DELIVERY
Realest Exposure agrees to have the contracted order for the photoshoot photographs completed within a reasonable period of time from the shoot day. (Event image turnaround time is 24-48 hours). Also, any other photographic edit orders will be completed within 1 week of order placement.
INDEPENDENT CONTRACTOR
Signed contracts are not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
CANCELLATION POLICY
In the event the Client must cancel the contracted services for photography on signed contract, and balance is paid prior to the event/session the Photographer agrees to refund all money paid, excluding the deposit fee.
CONTACT INFORMATION
For any inquiries or correspondence regarding these Terms of Service, please contact Realest Exposure at realestexposure@gmail.com
By engaging in our photography services, the Client acknowledges that they have read, understood, and agreed to these Terms of Service.
Brand Development Services
Effective Date: 10-28-2023
Acceptance of Terms
By engaging in brand development services provided by Realest Exposure, you ("Client") agree to be bound by the following Terms of Service. If you do not agree with these terms, please do not use our services.
SERVICES OFFERED
Realest Exposure offers brand development services, which may include, but are not limited to, brand strategy, visual identity development, marketing and communication planning, and related consulting services (collectively, "Services").
CLIENT'S RESPONSIBILITIES
The Client agrees to cooperate fully with [Your Company Name] and provide all necessary information, materials, and feedback to facilitate the provision of Services. The Client is responsible for the accuracy and legality of any information or materials provided.
PAYMENT AND FEES
Payment terms, rates, and fees for the Services will be outlined in the proposal or agreement provided to the Client. Payment is due as specified in the agreement. Late payment may result in a suspension of Services.
CHANGES AND CANCELLATIONS
Any changes to the scope of work or cancellation of Services must be agreed upon in writing by both parties. Additional fees may apply for changes to the original agreement.
INTELLECTUAL PROPERTY
Realest Exposure retains all rights to intellectual property, including but not limited to branding concepts, logos, design elements, and strategies, developed during the provision of Services. The Client may use the intellectual property only as specified in the agreement.
CONFIDENTIALITY
Both parties agree to keep all non-public information exchanged during the provision of Services confidential. This obligation extends beyond the termination of the agreement.
TERMINATION
Either party may terminate the agreement in writing for a material breach. Upon termination, the Client shall pay for Services rendered until the date of termination. Realest Exposure may terminate the agreement for non-payment or other violations of the terms.
WARRANTY AND LIABILITY
Realest Exposure will perform Services with reasonable care and skill. However, Realest Exposure makes no guarantees or warranties regarding specific outcomes or results. In no event shall Realest Exposure be liable for any direct, indirect, or consequential damages.
INDEMNIFICATION
The Client shall indemnify and hold [Your Company Name] harmless from any claims, liabilities, damages, and expenses arising from the Client's use of the Services, including, but not limited to, the Client's use of intellectual property provided.
GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of California.
DISPUTE RESOLUTION
Any disputes arising from the provision of Services shall be resolved through negotiations between the parties. If no resolution is reached, the parties agree to seek mediation or arbitration in accordance with the rules of [Your Jurisdiction] as the exclusive means for dispute resolution.
INDEPENDENT CONTRACTOR
This Contract is not to be construed as an employment agreement in any way. The trainer and or workshop facilitator functions as an independent contractor.
ENTIRE AGREEMENT
These Terms of Service, along with any written agreements or proposals, constitute the entire agreement between the parties and supersede any prior agreements, whether written or oral.
AMENDMENT
These Terms of Service may be amended or modified only in writing and with the mutual consent of both parties.
CONTENT INFORMATION
For any inquiries or correspondence regarding these Terms of Service, please contact Realest Exposure at realestexposure@gmail.com
By engaging in our brand development Services, the Client acknowledges that they have read, understood, and agreed to these Terms of Service.
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