Terms And Conditions
Summit Media LLC
Terms of Service
July-2024
Introduction
This Service Agreement ("Agreement") is between Summit Media LLC ("Service Provider") and the client ("Client"). By scheduling an appointment and using Summit Media LLC's services, the Client agrees to the terms and conditions of this Agreement.
Services Provided
Summit Media LLC offers various real estate media services, including photography, videography, aerial services, virtual staging, and floorplans. The project order form details the specific services requested and the delivery timeframe.
Scheduling and Appointments
Appointments must be scheduled in advance and are subject to availability. The Client must ensure the property is prepared per the Preparation Guide. Summit Media LLC may reschedule or cancel appointments due to unforeseen circumstances, such as inclement weather or safety concerns. Rescheduling requests within 24 hours of the appointment may incur a $100 fee.
Client Responsibilities
The Client must prepare the property before the appointment, including cleaning, decluttering, and staging, as outlined in the Preparation Guide. All areas to be photographed or filmed must be accessible and free of obstructions. Summit Media LLC is not responsible for delays, additional charges, or incomplete media capture due to inadequate preparation.
Deliverables
Summit Media LLC will deliver the final media products as follows: photographs in JPG format, videos in MP4 format, floor plans in PDF format, and virtual tours via Matterport software with shared links provided. The Client will receive the media within the agreed timeframe specified in the project order form. Summit Media LLC does not release RAW media files.
Post-Production Work
Summit Media LLC oFers basic and advanced post-production work. Basic postproduction, included in the service fee, covers standard editing like color correction, exposure adjustment, and cropping. Advanced post-production may incur additional costs, including extensive retouching, digital declutter, large object removal, and custom video editing. Detailed descriptions of post-production services are available upon request.
Usage Rights and Releases
By scheduling an appointment, all subjects in the media are considered released, and the Client assumes all subject liability. The Client and their parent company receive a nonexclusive, non-transferable license to use the media for digital marketing of the specific property and self-promotion. Summit Media LLC retains the copyright and all other rights.
Copyright Policy
Summit Media LLC's media products, including photographs, videos, and virtual tours, are protected under the Copyright Act of 1976, granting exclusive rights to the creator. Summit Media LLC retains ownership and control over the original media, prohibiting any alteration, modification, or creation of derivative works beyond simple cropping or resizing without explicit permission. Unauthorized actions, modifications, and derivative creations are considered copyright infringement and may lead to legal action.
Summit Media LLC can accommodate such requests and reserves the right to provide prompt written release if unavailable to provide such services in a timely manner.
Digital media products are also protected under the Digital Millennium Copyright Act (DMCA) of 1998, allowing Summit Media LLC to issue takedown notices for unauthorized use online.
Separate licensing agreements are required for additional rights to distribute, modify, publicly display, or perform copyrighted works. Purchasing a license to use the media as outlined in this Service Agreement does not transfer copyright ownership. No licensing is granted unless the invoice is fully paid. Publishing copyrighted media without payment constitutes intellectual property theft.
Clients may not sell, transfer, gift, or otherwise sublicense without explicit written consent from Summit Media LLC.
Summit Media LLC recognizes that the Client does not control how media is distributed by MLS and syndicated to other property listing sites and does not hold the Client liable for such use.
Insurance and Liability
Summit Media LLC maintains comprehensive liability and property damage insurance, including UAV liability for aerial services. This covers potential damages or accidents during service execution.
The Client agrees to indemnify and hold harmless Summit Media LLC, its oFicers, employees, and agents from all claims, damages, losses, and expenses, including attorney's fees, arising from the content of the media produced, except for claims resulting from Summit Media LLC's negligence or willful misconduct.
Summit Media LLC is not responsible for any indirect, incidental, special, or consequential damages arising from the services provided, regardless of foreseeability or prior advisement.
Payment Terms
Full payment is due immediately upon delivery, with a 30-day grace period if the media is not to be immediately published. No licensing rights are granted until invoices are fully paid.
The Client must notify Summit Media LLC of any special requests at least 24 hours before the appointment. Summit Media LLC retains full creative control but will consider all requests that are properly submitted.
Orders and invoices are processed through Aryeo, with payments via Stripe. Certain clients, such as builders, can request to schedule services independently and receive media via Dropbox instead. Payment terms for these clients remain unchanged. Summit Media recognizes additional documentation may be required for ACH depositors. Again, no licensing is granted until the invoice has been marked as paid in full.
Termination and Cancellation
Clients may cancel services by notifying Summit Media LLC at least 24 hours before the appointment. Cancellations within 24 hours may incur a fee of $100.
If Summit Media LLC cancels due to unforeseen circumstances like equipment failure, severe weather, or illness, clients will be notified promptly and allowed to reschedule without additional charges.
Either party may terminate this Agreement with written notice for repeated breaches of terms or if ongoing services are no longer feasible. Outstanding payments for services rendered up to the termination must be settled in full upon termination.
