Alpine Photo
Service Agreement
Real Estate Media
This Agreement ("Agreement") is a legal contract between Users of Alpine Photo ("You," "Your," "Users," "Client") and Alpine Photography LLC DBA Alpine Photo ("Company"), a Utah LLC. It governs your use of this Site, whether visiting, registering, purchasing Products and Services ("Media"), or making any other use of our Site, Products, or Services. Your use signifies acceptance of these Terms.
Definitions:
"Photographer," "Photography Team," "Us," "We," and "Our" refer to Alpine Photo and its Agents, Employees, Representatives, Partners, and Vendors. "Media" and "Photography" refer to the Photography, Videos, 3D Tours, Floor Plans, Websites, and other Media Products and Services Alpine Photo produces.
Property Preparation, Pets, and Requests:
The Client authorizes Alpine Photo to access and capture Media on the Property, assuming authority to permit entry and capture.
You agree to indemnify and defend us against any claims arising from our services. Ensure the Property is ready for Media capture before the session. Refer to the "Alpine Photo Property Preparation" document for responsibilities. Failure to prepare the Property will result in the Photographer Fee being due immediately or Media being captured as-is.
Contain pets during the session; no pets will be included in the Media. Submit all specific Media requests at least one (1) day before the session.
No reshoot or additional editing will be provided if Media is deemed inadequate due to Property unpreparedness. The Client must communicate with their clients to ensure the Property is ready. Alpine Photo may move small items like trash cans but is not responsible for staging or cleaning.
Delays will incur additional fees due immediately. Alpine Photo does not guarantee the availability of resources at the time of delay.
Cancellation, Rescheduling, and Late Arrival:
Failure to appear or provide access results in the Photographer Fee being due immediately. Rescheduling or canceling within 24 hours incurs a $100 fee. The session may be rescheduled in emergencies or unsafe weather, and the fee may be waived at Alpine Photo's discretion.
Completion and Delivery:
Media will be provided in an online gallery. Digital materials are delivered in high-resolution JPEG and MP4 formats. Processing includes white balance, contrast adjustments, and composition.
Notify the Photographer of additional processing requests promptly. Archives are maintained for 30 days after the session. Alpine Photo is not responsible for delivery delays due to manufacturing or delivery faults.
Project Approval:
Alpine Photo guarantees collaboration to produce a Media Checklist within 15 minutes of the session start for Client approval.
The Client must have an authorized representative present at the start of the session. Absence implies acceptance of the Photographer's interpretation.
Paid Service:
Rates are listed on the Alpine Photo Pricing Page and Order Form. All rates are in U.S. dollars and are subject to change. Incorrectly listed rates may result in order refusal or cancellation.
Payment is due at Media delivery. Media usage is based on Commercial License Terms upon full payment. Charges appear as Alpine Photo on statements.
Alpine Photo is an independent contractor.
The Client is responsible for reviewing Media upon delivery and notifying us of any issues within three (3) business days.
Commercial License Terms:
Alpine Photo retains all ownership and copyrights of produced Media. A nonexclusive, nontransferable, worldwide, and revocable right is granted to Use the Licensed Media for marketing the specific Property and self-promotion.
In case of non-compliance, the license may be revoked, and the Client must remove disseminated Media content.
Licensed Media may be used to market previously sold or listed properties. Alpine Photo reserves all other rights. Written consent is required for any other use.
License Restrictions:
Clients may not alter Licensed Media without Alpine Photo's consent. Licensed Media cannot be used in logos, trademarks, or service marks.
The Agreement is revoked if a social media platform exploits Licensed Media rights, and the Client must remove the content.
Selling or collecting payment for Licensed Media is prohibited.
Assigning rights to third parties requires Alpine Photo's consent.
Copyright Policy:
Unauthorized copying, distribution, modification, public display, or performance of copyrighted works is prohibited. Repeat infringers will have access terminated.
Limitations of Liability:
Alpine Photo and its affiliates are not liable for any damages related to the Site, Service, or Media, even if advised of the possibility of such damages.
Indemnification:
You agree to indemnify and hold harmless Alpine Photo and its affiliates from all losses, expenses, damages, and costs, including attorneys' fees, arising from any breach of these Terms, use of the Site or Service, and third-party content.
The remaining provisions remain in full force if any part of this Agreement is deemed unenforceable.
If you have questions, email Michael at
[email protected].
