Terms and Conditions
Terms of Service
The Client is expected to have the property "camera ready" prior to the beginning of the arrival window. This includes all cleaning and furniture staging.
We ask that you have your clients review our Getting Ready checklist.
If the Photographer arrives at the appointment and the home is not ready, the property will be shot "As Is".
We value your feedback and input for choosing the best angles to photograph the property. If you would like to give input, please meet the Photographer at the beginning of the appointment or add notes in the "comments" section of the order.
Absent your input, the Photographer will use his best judgment and experience to decide which angles will best highlight the property.
Order Details & Accuracy:
The Client is expected to have accurately entered or communicated all pertinent information at the time the order is placed. We reserve the right to update incorrect information and adjust the pricing of the order to accurately reflect the order (ex. The client enters that the property is three bedrooms, but it is actually five bedrooms).
Our pricing reflects the cost for a single dwelling in a residential household for a real estate listing. For short-term and long term commercial or multi-unit properties, please contact us for a personalized quote.
Confirmed appointments canceled due to the unit is unsuitable for photos, or inability to enter the unit is subjected to a $100.00 cancellation fee.
Appointments that cannot be completed due to weather issues, will be rescheduled at no cost to you.
You will be invoiced after all media has been delivered. Payment is due upon receipt of the invoice. After 15 days of non-payment, a late fee of $25 per month will be assessed.
If there is a balance on your account, Brian Dillon Photos will freeze all assets & pause the ordering process until the balance has been paid.
After 30 days of non-payment, we may will the account to collections and/or seek assistance and payment from the local and State Board of Realtor, the agency broker or corporation, etc.
Service Area Coverage:
We service a 40-mile driving radius from the center of our primary service areas in Coachella Valley, (Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, Indio, Coachella Desert Hot Springs and Thousand Palms). Appointments with the following ranges will receive trip fees:
0 miles to 29.9 miles = $0
30 miles to 34.9 miles = $25
35 miles to 39.9 miles = $50
40 miles to 44.9 miles = $75
45 miles to 49.9 miles = $100
Quotes will be provided for properties outside for over 50 miles.
Brian Dillon Photos will guarantee media hosting for one-year from appointment date, with the exception of Matterport 3D Tour & Floorplan. Matterport media will be stored until sold, with a maximum of six months. Once the hosting time expires, the user is responsible for permanent media storage.
Next Business Day Following Appointment (Before 5 p.m.)
Second or Third Business Day Following Appointment (Before 5 p.m.)
Virtual Twilight Edits
Reels or related available video services
There may be some delays on the weekends and holidays.
Rights and Usage:
Grant of Rights.
You hereby grant to Brian Dillon Photos, and its affiliates, contractors, commercial partners, licensees, successors and assigns a non-exclusive, perpetual, fully transferable, sublicensable worldwide right and license, to create, reproduce, display, transmit, and distribute the Work through any and all media now known or hereinafter developed.
The "Work" is defined as photo(s), video(s), and/or 3D content, floor plans, graphics, audio, animation, constituent files, and other visual content of the property produced under these terms including any derivative works created therefrom. Any and all rights not expressly granted here are reserved to Brian Dillon Photos, including copyright and ownership rights in the Work. Brian Dillon Photos reserves the right to use the Work for the company's portfolio, samples, self-promotions, entry in contests or exhibitions, editorial use, or for display within or on the outside of Brian Dillon Photos' premises. Brian Dillon Photos further reserves the right to assign, transfer, license, distribute, or syndicate the Work and any and all rights in the Work to its commercial partners. Except as explicitly set forth in Section 5 herein, you have no ownership rights in the work and no right to sell or license the Work to any third party or copy, modify, reproduce, or create derivatives of the Work without the prior written consent of Brian Dillon Photos.
In exchange for the Grant of Rights set forth herein, Brian Dillon Photos grants to You the right to use the images created from the Work and provided to you by Brian Dillon Photos for purposes of marketing and promoting the Property, promoting Your real estate business and/or the listing(s), Your brokerage(s), and/or Your business(es) ("Your License"). Your License is non-exclusive, non-transferable, covers all territories and media, and is for an unlimited time on websites owned by You. You may authorize third-party websites such as, but not limited to, Multiple Listing Service (MLS) or real estate listing portal websites to display said content solely for the purpose of advertising the subject listing, for as long as said listing is actively listed for sale by that listing agent.
Your authorization to third-party websites will automatically expire once said listing is no longer available for sale or any relevant listing agreement between the Property owner and the listing agent has ended, whichever comes first.
For all short or long term rental units, your authorization to third-party websites will automatically expire once said unit no longer under your ownership.
Releases, Licenses, and Authorizations.
By contracting with Brian Dillon Photos to produce the Work, You warrant and represent that You are authorized to enter into this Agreement with regard to the Property and You certify that You have obtained all appropriate and necessary releases, permissions, waivers, licenses and/or authorizations (hereinafter "Clearances") for the Grant of Rights and Usage Rights set forth in these Terms and Conditions, including but not limited Clearances from the owner of the Property and any other owners of intellectual property rights contained in, on, or around the Property and captured as part of the Work, including the underlying architectural work.
You further warrant and represent that the Property owner and any occupants of the Property have waived any expectation of privacy rights in relation to the images captured and distributed in accordance with the grant of rights hereunder. You agree to indemnify and hold harmless Brian Dillon Photos against any and all claims, costs, and expenses, including attorney's fees, due to uses of the Work for which You did not obtain the appropriate Clearance including uses that exceeded the Clearances actually obtained by You.
In addition to the terms and conditions contained in Section 6, You shall also indemnify and hold Brian Dillon Photos, LLC, its officers, members, employees, contractors, licensees, sublicensees, agents, successors and assigns harmless from and against any and all liability, claims, injuries, damages, loss, expense, (including court costs and reasonable attorneys' fees) resulting from the performance of this Agreement, or any distribution or use of the Work created hereunder resulting from Your breach of any warranties, representations or certifications hereunder, or resulting from Your negligent or intentional acts or omissions and/or those of Your officers, agents, independent contractors, employees, family members, invitees, licensors, the Property owner, and/or guests.
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