Terms of Service
This agreement is between Bright Real Estate Media Ltd. (“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 Real Estate Media Ltd. maintains an independent contractor relationship with the Client.
When booking a session with Bright Real Estate Media Ltd., our clients are bound to these terms of service upon paying your bill or when agreeing to book a session. It is the responsibility of the Client to assume that a Terms and Conditions exists and that it should be read and understood prior to utilizing Bright Real Estate Media Ltd. services.
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The terms of service are as outlined herein.
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Payment
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The Client shall not obtain rights to any marketing material created by Bright Real Estate Media Ltd. until full payment for the marketing material, along with any relevant late-payment fees.
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Unless otherwise agreed, the use of any marketing material produced by Bright Real Estate Media Ltd. prior to full payment will be considered unauthorized use and may lead to a copyright claim.
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The fees provided by Bright Real Estate Media Ltd. pertain to the initial job description presented by the Client. Any subsequent modifications, whether communicated verbally or in written form, may lead to supplementary charges.
We do not provide any receipts to the Client. Bright Real Estate Media Ltd. will provide an invoice that will serve as the Client’s receipt of work performed. Bank transfer fees are the responsibility of the Client.
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If a cancellation or rescheduling is necessary for any marketing material production, a minimum 24-hour notice must be provided, otherwise, a $50 charge may apply.
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Usage Rights and Ownership
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Bright Real Estate Media Ltd. 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.
As a client of our services, it is your responsibility to ensure that you comply with all rules and regulations set forth by the Multiple Listing Service (MLS) and any other relevant regulatory bodies. This includes but is not limited to rules regarding the use and dissemination of MLS data, as well as any laws or regulations governing real estate transactions in your jurisdiction. By using our services, you acknowledge that you are solely responsible for ensuring that your use of MLS data and our services complies with all applicable rules and regulations. We reserve the right to terminate our services to you if we become aware that you are in violation of any MLS rules or regulations, or any applicable laws or regulations.
The term of the licence begins from the date Bright Real Estate Media Ltd. receives full payment of an invoice and upon delivery of images.
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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.
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Bright Real Estate Media Ltd. 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 1 year after project completion.
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Preparation
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It is essential that the home is prepared for the photography or/and filming appointment and ready upon the arrival of the photographer.
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We provide a Preparation Checklist.
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Please use this as a guide to prepare the home. Unless otherwise arranged with the photographer, a home that has not been prepared may be photographed as is.
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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.
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Please try to minimize the number of people in the home.
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Matterport Virtual Tours and Floor Plans
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A Client who orders Matterport Virtual Tours, in addition to Bright Real Estate Media Ltd. Terms of Service, are subject to the Matterport Terms of Service. For further information please review the Matterport Terms of Service.
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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.
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Indemnifications
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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.
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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 Real Estate Media Ltd.
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The Client hereby indemnifies and holds Bright Real Estate Media Ltd. harmless against any and all liabilities, claims, and expenses, including lawyers' fees, arising from the Client’s use of Bright Real Estate Media Ltd. work.
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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 Real Estate Media Ltd. , 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.
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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.
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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 Real Estate Media Ltd.
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Bright Real Estate Media Ltd. is insured up to $2,000,000 general liability and an additional $2,000,000 in E&O liability