Terms of Service
This agreement is between Bright Media (“we”) and [You] (“Client”) which includes Client’s employees, affiliates, and representatives. The Client agrees that it has the legal authority to enter into this agreement on behalf of its employer, company or organization. Bright Media’s relationship with the Client is that of an independent contractor.
When booking a session with Bright Media, our clients are bound to these terms of service upon paying your booking retainer fee or when agreeing to a session.
The terms of service are as outlined herein.
Usage Rights and Ownership
Bright Media retains all rights to creative material including photos and/or video supplied to the Client. All creative material produced for the Client is granted for use to the Client and may be used by the Client for all marketing associated with the current sale of that property in accordance with local MLS rules unless those rules are deemed to be out of date with current Canadian Copyright Law Bill C11.
The term of the licence begins from the date Bright Media receives full payment of an invoice and upon delivery of images.
Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service marks.
Unless otherwise agreed, we retain the right to use the Image(s), video, or other marketing material for their self-promotion.
Bright Media may use photos or video for its own promotional material at any time.
All media produced is archived three months after project completion. Media is deleted from our archives two years after project completion.
Payment
Any fees quoted by Bright Media are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges.
The Client is not granted rights to any marketing material produced by Bright Media until the payment of the marketing material has been paid, including any applicable late-payment charges.
Unless otherwise agreed, the use of any marketing material produced by Bright Media prior to full payment will be considered unauthorized use.
We do not provide any receipts to the Client. Bright Media’s invoice will serve as the Client’s receipt of work performed. Bank transfer fees are the responsibility of the Client.
If a cancellation or rescheduling is necessary for any marketing material production, a minimum 24-hour notice must be provided, otherwise, a $25 charge will apply.
Preparation
It is essential that the home is prepared for the photography or/and filming appointment and ready upon the arrival of the photographer.
We provide a Preparation Checklist.
Please use this as a guide to prepare the home. Unless otherwise arranged with the photographer, a home that has not been prepared will not be photographed and must be rescheduled.
If the home is not ready to be photographed when the Photographer arrives, as per the Preparation Checklist, then the Photographer may choose to wait until the home is ready. Waiting or cleanup and staging assistance time, if available, is charged at $30 per hour or portion thereof and added to the invoice.
Please try to minimize the number of people in the home.
Please do not book showings or other appointments during the session. Delays incurred on-site falling outside the scope of work required by any member of Bright Media will be billed to the Client at $30 per hour.
Matterport Virtual Tours and Floor Plans
A Client who orders Matterport Virtual Tours, in addition to Bright Media’s Terms of Service, is subject to the Matterport Terms of Service. For further information please review the Matterport Terms of Service.
We use the 2D floor plans that Matterport provides when doing a virtual tour. The measurements listed on the 2D floor plan should not be used for construction or anything where accurate measurements are needed.
Indemnifications
If we are unable to supply the marketing production services due to illness, mechanical breakdown, accident, force majeure, or any other cause beyond our control, then we will attempt to procure the services of another professional to fulfill our obligations. If that does not succeed, we will return any fees paid by the Client and will have no further liability with respect to this Agreement, and we will not be responsible or liable for any other damages beyond the amount of this Agreement.
This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of Bright Media.
The Client hereby indemnifies and holds Bright Media harmless against any and all liabilities, claims, and expenses, including lawyers fees, arising from the Client’s use of Bright Media’s work.
The Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon and inures to the benefit of, Client and Bright Media, as well as their respective employees, representatives, and successors. The Client and its employees are jointly and severally liable for the performance of all payments and other obligations hereunder.
No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.
This Agreement will be deemed to be a contract made under the laws of Canada and the Province of British Columbia, and for all purposes will be interpreted in its entirety in accordance with these laws. The Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favour of Bright Media.