TERMS OF SERVICE

By engaging in the services of 4C Process Real Estate Photography. (hereafter referred to as “4C Process”), you certify that you have read and agree to the following Terms and Conditions.

1. Property. The Property is the real property identified in Your Agreement with 4C Process. You are the person, agent, brokerage, or other legal entity making payment to 4C Process hereunder (“You”). You warrant that You are either the owner of the Property or that You have all rights, title and authority to agree to the Terms and Conditions set forth herein on behalf of such Property owner and to bind Yourself and the Property owner to the Terms and Conditions set forth herein.

2. Payment. Payment is due in full at the time of booking. Payment indicates acceptance of and agreement to all Terms and Conditions outlined here. Usage rights will not be granted until full payment is received.

3. Changes and Cancellations. Shoot dates or times may be changed or canceled without penalty up to twenty-four (24) to four (4) hours before the scheduled shoot time. Changes or cancellations less than four (4) hours prior to shoot time will incur a change/cancellation fee. Changes to the content of a shoot (e.g., addition of features) may require rescheduling and will incur additional fees. It is the primary shoot contact’s responsibility to monitor weather, readiness of the property, and/or any other factors that may affect 4C Process’ ability to complete the shoot. Artists have the option not to shoot properties that are deemed not camera-ready.

4. Grant of Rights.  You hereby grant to 4C Process, 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 4C Process, including copyright and ownership rights in the Work. 4C Process 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 4C Process’ premises. 4C Process 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 4C Process.

5. Usage Rights. In exchange for the Grant of Rights set forth herein, 4C Process grants to You the right to use the images created from the Work and provided to you by 4C Process 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 listing agent has ended, whichever comes first.

6. Releases, Licenses, and Authorizations. By contracting with 4C Process to produce the Work, You warrant and represent that You are authorized to enter into this Agreement with regards 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 4C Process 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 which exceeded the Clearances actually obtained by You.

7. Indemnification/Hold Harmless. In addition to the terms and conditions contained in Section 6, You shall also indemnify and hold 4C Process, 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.

8. Fees Due. 4C Process reserves the right to assign monies due from You. Both You and any party on whose behalf You contract with 4C Process will be jointly and severally liable for full performance under any contract made with 4C Process, including but not limited to payments of monies due to 4C Process.

9. Modifications. 4C Process reserves this right to modify these Terms and Conditions at any time and without notice. Modification, waiver, or breach of any part of these Terms and Conditions by You or by 4C Process does not release You from adherence to any other part of these Terms and Conditions or to these Terms and Conditions as a whole. The relationship between You and 4C Process will be governed by the laws of the State of Maryland.

10. Identifying Information. 4C Process must obtain certain identifying information from You in order to schedule Your shoot and enable correspondence about Your account. 4C Process takes appropriate safeguards to protect Your identifying information and will never sell or give Your identifying information to any third party, except as required by law, to fulfill 4C Process’ contractual obligations to You, or in order to collect monies due.

11. Email Permissions. 4C Process will use email as the primary means of contacting you regarding your account. We will also use Your email address for marketing communications. By providing Your email address, you give permission for both purposes. If You would like to opt-out of email marketing communications, please send Your opt-out request to photos@4cporocess.com.

12. Text message communications. On occasion we use text messaging to communicate with you about your service. Normal messaging rates apply and the frequency of messages may vary. Mobile Carriers are not liable for delayed or undelivered messages.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties

1. Opt-out of text message communications. You may opt out of text messaging at any time by replying to any message with STOP contacting us at photos@4cprocess.com. This will end the communications from that particular phone number. You may continue to receive service-related and other non-marketing text messages from other phone numbers managed by 4C Process, and you may opt out of those in a similar fashion.

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