OpenHouse Media Co.
Terms of Service
Effective Date: August 15, 2024
1. Introduction
Welcome to OpenHouse Media Co! These Terms of Service ("Terms") govern your use of our real estate photography and media services, including but not limited to photography, video, drone footage, floor plans, and listing websites (collectively, the Services). By engaging with our Services, you ("Client," "you," or "your") agree to be bound by these Terms.
2. Services Provided
We offer a variety of services, including:
Photography
Videography
Drone Photography & Videography
Floor Plans
3D Matterport Tours
Listing Websites
Virtual Twilights
Virtual Staging
Headshots
Team Photos
3. Booking & Scheduling
Appointment Scheduling: All appointments must be scheduled at least 1 day in advance. While we strive to accommodate preferred times, availability is not guaranteed.
Cancellation/Rescheduling: Cancellations or reschedules must be made at least 2 hours before the appointment. Failure to do so may result in a fee equal to 15% of the scheduled service total.
4. Payment Terms
Fees: Payment is due upon delivery of the final product unless otherwise agreed in writing. Payments are processed through HDPhotoHub.
Late Payments: A 5% late fee will be applied weekly to past-due balances.
Refunds: Refunds are not issued after Services are rendered, except in cases where we fail to meet agreed-upon deliverables. In such cases, account credits will be applied first. Refunds will only be considered if credits are not accepted or applicable.
5. Intellectual Property
Ownership: We retain all rights to the content (e.g., photos, videos, floor plans) produced. The Client receives a limited license to use the content solely for marketing the specific property.
Usage Restrictions: The Client may not sell, transfer, or sublicense the content without written consent. Unauthorized use may result in legal action.
6. Client Responsibilities
Access to Property: The Client must ensure that the property is accessible and ready at the time of the appointment. Delays or charges resulting from inaccessible or unprepared properties are the Clientâ??s responsibility.
Property Preparation: The Client is responsible for ensuring the space is clean and photo-ready. Our photographers will offer up to 15 minutes of on-site prep; after that, the property will be photographed â??as-is.â?
7. Floor Plans
Accuracy: We aim for accurate floor plans based on on-site measurements and observations. However, floor plans are not for legal or construction use and absolute accuracy is not guaranteed.
Client Review: Clients must review and report discrepancies within 2 days of delivery. Revisions requested after that may incur additional charges.
Limitations: Floor plans cover only visible and accessible areas; we are not liable for omissions due to obstructions or inaccessibility.
8. Liability
Service Quality: We strive for high-quality deliverables but cannot guarantee specific outcomes due to uncontrollable factors such as lighting, weather, or property condition.
Damage: We are not liable for property damage unless it is directly caused by our teamâ??s negligence during Services.
9. Drone Services
Compliance: All drone operations will comply with FAA regulations. Clients are responsible for securing permissions for drone use if required.
Weather Conditions: Drone work may be rescheduled due to weather or safety conditions without penalty.
10. Revisions & Approval
Revisions: Clients are entitled to one round of revisions. Additional revisions may incur added costs.
Final Approval: Once content is approved, any further changes will be considered a new project and billed accordingly.
11. Termination
By OpenHouse Media Co.: We may terminate Services at any time if the Client violates these Terms or for any reason deemed necessary.
By Client: Clients may terminate Services by written notice and will be billed for any Services rendered up to the date of termination.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Any disputes arising from or related to these Terms or the Services shall be resolved in the courts located in Prince William County, Virginia.
13. Amendments
We reserve the right to amend these Terms at any time. Clients will be notified via email or through our website.
14. Contact Information
Please contact us with any questions regarding these Terms:
OpenHouse Media Co.
40337 Gap Rd. Leesburg, VA 20175
571-334-9014
[email protected]15. Dispute Resolution
In the event of a dispute arising from or relating to these Terms or the Services provided, the parties agree to attempt to resolve the matter through good-faith negotiation and mediation. If the dispute cannot be resolved through mediation, either party may pursue legal remedies in accordance with the Governing Law clause.
16. Force Majeure
OpenHouse Media Co. shall not be held liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, extreme weather, pandemics, labor disputes, power outages, or governmental actions.
17. Limitation of Liability (Expanded)
In no event shall OpenHouse Media Co. be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, revenue, or data, arising out of or related to the Services provided, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to these Terms shall not exceed the amount paid by the Client for the Services in question.
18. Privacy Policy
OpenHouse Media Co. collects and uses Client information in accordance with its Privacy Policy, which governs how data is collected, used, and protected. The Privacy Policy is available upon request and may be updated from time to time. By using our Services, you consent to the data practices described therein.
Additional Clauses:
- We provide up to 5 free amenity photos (club house, tennis courts, pools) WITHIN the community. Any photo needed outside of community will be considered a community photo which will include a cost. Failure to mention amenity photos during order placement or on-site will result in a return to property fee to grab amenity photos.