Terms and Conditions
These Terms and Conditions ("Terms") are applicable to all “paid of service” brokers/agents, customers, and clients (collectively, “client”) of David Leigh ("David Leigh ").
Photo Shoot Site Policy:
Once on-site, if David Leigh cannot adequately shoot the property due to reasons beyond his control (such as, but not limited to: unable to gain access to the property, excessive clutter and mess, unrestrained animals, client not present on site unless by prior agreement, construction, etc.) the client will be charged the full fee of the shoot. David Leigh is not responsible for any onsite staging, decluttering, cleaning, or landscaping. The property must be ready to be photographed when David Leigh arrives on site.
The property will be photographed as is. Please review the Site Preparation Checklist.
Photography Processing, Delivery, and Archive:
David Leigh typically has a 24-48 hr. turn-around for residential property and a 72 hour turn-around for larger homes (+4,000 sq ft.). Any additional photography or special requests may take up to 96 hrs. after the original shoot. All final images will be provided in a Box.com link. All images will be archived and available to the client for up to 180 days after the first release. After the 180 days, David Leigh cannot make any guarantees of photo retrieval, if retrievable, a $50 fee will be payable.
Travel Fee:
A minimum charge of $.75 per mile; outside a 20 mile radius of Broadway at the Beach, Myrtle Beach will apply (with a minimum $10 travel fee).
Pricing Quote:
All price quotes given verbally or written are estimations, based on the provided data from the client or data researched by David Leigh, and do not necessarily reflect the final costs of service. Additional fees may apply based on observation of the property once David Leigh is on-location. If there are any additional livable or non-livable structures, that require interior and/or exterior photographs; fees will apply. (Examples: guest quarters, historic cabins, vacation rentals: barns, sheds, gazebos, workshops, detached garages, communal facilities etc.)
Payment:
Full payment is required before the delivery of the final images. An invoice will be emailed to the client once the date and time of scheduling is finalized. The client may choose to pay the full amount at any time before the delivery of images. However, David Leigh reserves the right to retain the final images without delivery, until the client has paid the invoice in full. In the unlikely event that the client fails to pay for the images; David Leigh will remind the client via email and phone and retain the images up to 30 days. After the 30 days there will be a $50 retrieval fee, plus the full payment to release the images to the client. Payment options: PayPal, cash, local check (if using PayPal use ‘Friends and Family’ option).. Images will be released when funds have cleared.
My Promise to you:
It is my goal to ensure that every client is completely happy with their final delivered photography. David Leigh will make every effort to ensure that the house/property is portrayed in a realistic manner. Furthermore, David Leigh promises that all images are edited to the best of his ability. If the final images do not meet the realistic expectations of the client, David Leigh will work will the client to make corrections to the images. Re-Editing will be done by David Leigh at no additional charge. If the images cannot be corrected by reediting; the client must provide a written description of dissatisfaction for each image. If it is agreed that images are unsatisfactory, David Leigh will return to the house/property, with no additional charge to the client. Photography style is different for everyone. There will be no refunds issued or rescheduling of the original shoot due to unrealistic or unmet expectation out of the scope of what David Leigh advertises on the website.
Cancellation and Reschedule Policy:
By booking David Leigh and scheduling a time and date, the client affirms that the property is “ready” to be photographed. If the photo shoot is canceled for any reason, 48 hours before the scheduled date, the client will be charged $35 to reschedule, plus any used travel expenses added to the services. All travel expenses are non-refundable (if used) and will be reapplied to the rescheduling. Every effort will be made, by David Leigh, to reschedule and re-shoot within 72 hrs. of the original shoot. A cancellation by the client within 24 hrs. of the scheduled service will result in a $35 cancellation fee. Any cancellation within 2 hrs. of the schedules service will be subject to a 100%, of service fee, cancellation charge. Any cancellation due to unforeseen circumstances, extreme weather, or (acts of the Universe) may be rescheduled at no additional change. If the client is unable to re-schedule within 30 days of the original being cancellation, the client forfeits their payment for services. In the unlikely event that David Leigh is unable to re-schedule, within 7 days of the original shoot, a credit for the full amount will be issued to the client to be used for any future shoot.
Late arrival of client:
A $35 per 15 minutes will apply if the client is not on-time at the photo shoot. (client is encouraged arrive at least 30 minutes early to prepare the house for photography.)
Intellectual Property Rights Ownership:
David Leigh retains all intellectual property rights, including but not limited to copyright, in all images, video, photographs, and any other works created by David Leigh (collectively, "Works").
Real Estate and Vacation Rental Licensing and Usage:
David Leigh grants client a limited, non-exclusive, royalty-free, revocable license (the "License") to use and display Works produced for and released to client by David Leigh (the "Licensed Works") solely for the following purposes:
Promotion of the home/property to which the Licensed Works relate (the "Property") only for the duration the Property is first listed for sale or rent by client.
Client's personal marketing and branding on a maximum of two portfolios or websites ("Client Sites") so long as the Work (each image) includes, a live link to www.davidleigh.org and the following photo credit to David Leigh: "Photograph by davidleigh.org © 2022 all rights reserved."
Client's right to use the Licensed Works to promote or sell Real Estate Property shall automatically terminate on the date of the first rental or sale of the Property, as applicable, unless a different term is agreed to between the parties in writing. Client's right to use the Licensed Works to promote a Vacation Rental Property shall automatically terminate on the date the Property changes management or is removed from the rental market, as applicable, unless a different term is agreed to between the parties in writing. Licensed Works are restricted to the client therefore Works cannot be re-sold or gifted to interested third parties. Client shall have a continuing right to use the Licensed Works for the personal marketing purposes specified above until and unless David Leigh terminates this License by written notice to Client.
Client agrees not to make any alterations or edits of any kind to any Licensed Work, aside from cropping and resizing. Any such prohibited alterations are a violation of the License and an infringement of David Leigh's copyright. The License is not transferable or assignable by Client to any other entity without written permission from David Leigh. Client agrees not to sell or transfer any Works to any third party at any time; provided, however, client may transfer the Works to online real estate platforms (e.g., Zillow, Trulia) solely for purposes of using the Works in the listing of the Property. All Licensed Works relating to expired, withdrawn, or canceled real estate listings are non-transferable to another broker/agent or any other entity.
Other than as permitted above, client shall not display or use, or transfer to a third party for the purpose of displaying or using, any Licensed Works in any publication in any medium (e.g., real estate website or magazine) if such publication is not owned by client. If client is contacted regarding the use of display of any Licensed Works in such a publication, client agrees to promptly contact David Leigh with sufficient time for David Leigh to negotiate a license for such display or use at David Leigh's option.
If client or any third party desires to use or display the Licensed Works for purposes not permitted in the, ABOVE, Real Estate/Vacation Rental License, please see below, Commercial Licensing and/or contact David Leigh directly to negotiate a license for such use.
Commercial Real Estate Photography (Full Lifetime Licensing)
David Leigh grants client a Full Lifetime unlimited, exclusive, royalty-free, revocable license (the "License") to use and display Works produced for and released to client by David Leigh (the "Licensed Works") solely for the following purposes:
These rights of use include, but are not limited to, the right of display the Licensed Works on collateral, websites, advertising, and presentations in connection with any brand products and properties for internal and external audiences worldwide in perpetuity.
These rights also include third party usage rights (travel websites & search engines) for promotional purposes only. The rights to use these Licensed Works do not transfer to subsequent owners and cannot be sold to other parties.
David Leigh, as the owner of the copyrights of all the Licensed Works, will grant the client the exclusive lifetime rights of use to those images. The client agrees to sign a Full-Usage Release Form, as part of this agreement. David Leighs is free to use the Licensed Works for his own portfolio without the written consent of or the notification to the client. Licensed Works are restricted to the client therefore Works cannot be re-sold or gifted to interested third parties. The client retains the right to duplicate the Works as required and can also alter the Works for their own specification.
Right of Refusal and Termination:
David Leigh reserves the right to refuse service and deny booking with anyone at any time, without exception or explanation. David Leigh may terminate the relationship with Client without cause at any time by giving written notice to client, provided David Leigh has met their obligation to deliver final images, as promised. David Leigh may terminate the License without cause at any time by giving written notice to client, provided client has completed the first sale or rental of the Property for which the Licensed Works may be used and client is not in breach of the License. David Leigh may terminate the License immediately upon written notice if client is in breach of the License.
Indemnification
If David Leigh is unable to perform the services in this contract due to any cause outside his control, client agrees to indemnify David Leigh for any loss damage or liability; however, David Leigh will return in full all payments made by client to David Leigh in relation to this shoot.
Client agrees to indemnify and hold harmless David Leigh for any liability, damage, or loss related to technological failure, including data loss.
Client understands and agrees that David Leigh is not required to maintain copies of the photos from this shoot one year after the photos have been delivered to client.
Client agrees to hold David Leigh harmless for any personal injury which may occur.
Duty of client:
Client will obtain all permissions necessary for David Leigh to photograph at the shoot. David Leigh has no duty to obtain permissions for locations. client understands and agrees that any failure to obtain these permissions resulting in fines to David Leigh, or which prevent David Leigh from photographing the event(s) is not the fault, liability, or responsibility of David Leigh.
General Provisions:
(a) Relationships: Nothing contained in this Agreement shall be deemed to render either party a partner or joint venturer of the other party for any purpose.
(b) Severability: If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as to best to affect the intent of the parties.
(c) Integration: This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in writing signed by both parties.
(d) Waiver: The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
(e) Attorney Fees and Expenses: In a dispute arising out of, or related to, this Agreement, the prevailing party shall have the right to collect from the other party its reasonable attorney fees and costs and necessary expenditures.
(f) Governing Law: This Agreement shall be governed in accordance with the laws of the State of South Carolina.
(g) Jurisdiction: The parties consent to the exclusive jurisdiction and venue of the federal and state courts located in Horry County, South Carolina in any action arising out of or relating to this Agreement. The parties waive any other venue to which either party might be entitled by domicile or otherwise.
Agree to Terms and Conditions:
The client agrees to these Terms by hiring David Leigh for their services. Client acknowledges that such an agreement and these Terms constitute a binding contract between client and David Leigh. Furthermore, client agrees that client has read and fully comprehends the Terms before scheduling services with David Leigh.
David Leigh retains the right to change the above Terms and Conditions at any time and will update the Effective Date upon making any such changes.
Effective February 2022