Virtual Tour Agreement
This 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 as outline in quote/estimate id :
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 selected services. 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. If you are not satisfied with your images through the fault of Full Circle Media, your images will be retaken. Notification of dissatisfaction must be received in writing within one week of receipt of images or upon receipt of products in order to receive a refund or replacement. We do all we can to ensure that you are satisfied with your images and products. We cannot be responsible for dissatisfaction due to circumstances beyond our reasonable control.
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. 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 presented by the client(s). Any subsequent changes, whether made orally or in writing, may result in additional charges. Estimates are made in good faith of the time and expenses the Company anticipates and any errors and omissions made may be charged at our discretion.
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.
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 for the promotion of FULL CIRCLE MEDIA’S business and services, including editorial, trade, advertising and any other purpose and in any manner and medium.
In the unlikely event that the photographer is injured or becomes too ill, or has an extreme 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 rescheduling or return of all payments received for the package purchased. Full Circle Media Photography takes the utmost care with respect to exposure, transportation, and processing of the photographs. However, in the unlikely event that photographs 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.
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.
Unless otherwise arranged, a Service Location that has not been properly prepared, in Service Provider’s sole discretion, will be considered unready and the date of Captures Service must be rescheduled. Service Provider shall not be responsible for the untidiness of any Service Location or for small alignment issues, mirror, window, glass, and reflective views. The customer shall further ensure that the Service Location is accessible upon the day of Capture Service for the length of the appointment. Customer or its representative may be present at the Service Location at the time of the Capture Services to approve Service Provider’s interpretation of the Captures Services to be provided. The client(s) understands and accepts that the photographic coverage will be as our professional expertise determines and that no one photograph be deemed more important than another. Every effort will be made to comply with your wishes.
The Client shall pay a minimum of $99 and up to 50% of the full session fee, which 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.
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 requests with less than 72 hours' notice shall be considered a cancelation. Properties that are deemed unready, or are not accessible at the scheduled time of service shall also be considered a cancelation.
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 CLIENT HEREBY 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.
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Signed by Liane Candice
Signed On: 2021-10-22
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Document Name: Virtual Tour Agreement
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