AGREEMENT OVERVIEWThis agreement contains the entire understanding between FULL CIRCLE MEDIA and the Client(S). It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. FULL CIRCLE MEDIA is an independent contractor and neither FULL CIRCLE MEDIA nor any of its personnel are Google employees or agents. FULL CIRCLE MEDIA is authorized under the Google Maps Street View Program to provide photography services to local businesses that desire to participate in the Street View Program. In exchange for the service fee:
- SERVICE AGREEMENT
FULL CIRCLE MEDIA shall provide services to photograph the client’s business and/or products to the best of our abilities in accordance with the package and services selected. Every effort will be made to assure your satisfaction according to industry standards. Any artistic interpretation by the photographer will be deemed acceptable and correct. .
- COOPERATION & ESTIMATES
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this agreement. The expectation is that the client or their authorized representative will be present during the sessions, if the client is not able to be present then FULL CIRCLE MEDIA shall use its own judgment regarding style and the composition of pictures. This includes but is not limited to locations, perspective, and the number of images taken. Any fees quoted by FULL CIRCLE MEDIA are for the original job description as outlined in the verbal or written estimate. Any subsequent changes, whether made orally or in writing, may result in additional charges. Estimates are made in good faith concerning the time and expenses the Company anticipates and any errors and omissions made by the client may be charged at our discretion.
- IMAGES AND COPYRIGHTS
Photographs/images produced by FULL CIRCLE MEDIA are protected by Copyright Law. Upon final payment by the Client, the Client is granted limited license to use and or display resulting images as outlined in the Usage Rights of this document. Said images may not be altered or used in any manner outside what is prescribed in this document without prior written permission of FULL CIRCLE MEDIA. The Client must obtain written permission from and compensate FULL CIRCLE MEDIA prior to the client(s), its associates, friends, or assignees re-distributing or selling the photographs for any reason not prescribed in this document.
- MODEL & PROPERTY RELEASE
The client(s) & subject(s) hereby grant to FULL CIRCLE MEDIA, the irrevocable and unrestricted right to use and publish photographs of the Client and/or the client’s business and/or products, including editorial, trade, advertising and any other purpose and in any manner and medium.
- LIMIT OF LIABILITY
In the unlikely event that the photographer is injured, becomes too ill, or in the case of an emergency that prevents them from photographing the session, Full Circle Media will make every effort to reschedule the session. If for whatever reason this is not possible, responsibility and liability are limited to the return of all payments received for the package purchased. Full Circle Media takes the utmost care with respect to exposure, transportation, and processing of the photographs and media. However, in the unlikely event that images have been lost, stolen, or destroyed for reasons within or beyond Full Circle Media control, Full Circle Media liability is limited to the return of all payments received for the photography package.
- THIRD-PARTY PUBLISHERS
Full Circle Media cannot be held liable for the policies and requirements of third-party publishers. Full Circle Media will exercise all due efforts to ascertain and abide by the policies and requirements of third party publishers but as those policies and requirements may be subject to change without notice it is not the responsibility of Full Circle Media to ensure that any delivered content is published by any third-party publishers. Full Circle Media accepts full responsibility for the delivery of the imagery to the client. Any offer of delivery to a third party publisher is made with the understanding that the imagery will have been made with consideration for the policies and requirements of any publishers named in the 'Services to be Provided' section of the contract but no express guarantees for the actions of another entity are possible at any time.
- PREPERATION & COVERAGE
- Removing confidential or unwanted items
- Clening & dusting
- Removing hazards to the photographer’s safety on site prior to the shoot.
- Adjusting furniture and/or decor to desired position
- Informing the Service Provider of any areas that should be excluded from the tour
- Ensuring the Service Location is free of moving persons, pets, or objects.
- RETAINER & PAYMENT SCHEDULE
A minimum $99 and up to 50% of the full session fee, shall be collected as a retainer upon scheduling the appointment. A portion, $125 plus any incurred expenses shall, be held as A NON-REFUNDABLE RETAINER. Unless otherwise outline in "Special Promotions & Terms" above, the remaining charges are payable on the day of the shoot and prior to the release of any usage rights.
- CANCELLATION & RESCHEDULING
If FULL CIRCLE MEDIA has to cancel the session for reasons beyond their control, and the shoot cannot be rescheduled, their liability is limited to a full refund of all monies paid to Full Circle Media.
In the event of client cancelation, the NON-REFUNDABLE RETAINER of up to $125 plus expenses shall be liquidated for any loss of earnings incurred. The Client shall also be responsible for payment of any Full Circle Media materials/charges incurred up to the time of cancellation. The client may reschedule their shoot up to 3 days (72 hours) notice before their scheduled shoot time without penalty. Rescheduling requst with less than 72 hours notice shall be considered a cancelation. Properties that are deemed unready, or are not accessable at the scheduled time of service shall also be considered a cancelation.
- DISCLAIMERS & WARRANTIES
IN CONNECTION WITH THIS AGREEMENT, FULL CIRCLE MEDIA MAKES NO REPRESENTATIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PHOTOGRAPHIC SERVICES OR THE PHOTOGRAPHS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOUNDVIEW360 MAKES NO REPRESENTATION OR WARRANTY THAT THE PHOTOGRAPHS WILL ULTIMATELY BE DISPLAYED BY THIRD PARTIES. THE CLINET HEARBY INDEMNIFIES AND HOLDS FULL CIRCLE MEDIA HARMLESS AGAINST ANY AND ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING LAWYER'S FEES, ARISING FROM THE CLIENTS USE OF FULL CIRCLE MEDIA'S WORK.