Terms of Service

Definitions

Services: Services include any combination of the following services: Photos, Videos, Drone (aerial photos & video)
iGuide Tours: iGuide Tours are drafted by Planitar, a third-party service provided by Launch Production and Design. iGuide's Terms of Services can be found HERE.
Matterport Tours: Matterport tours are drafted by Matterport, a third-party service Launch Production and Design provides. Matterport Terms of Service can be found HERE.
Custom Quoted Projects: Include additional services as requested by the listing agent.
Client: Any person, party, or company retaining physical or digital media or marketing services from Launch Production and Design LLC.

The Client accepts the following Terms of Service by booking Launch Production and Design's services.

To best accommodate your scheduling needs, please book as early as possible. We will do our best to accommodate last-minute bookings within our availability.

Licensing for Real Estate Listings

Anything Launch Production and Design produces is for your use only.
Launch Production and Design retains all media ownership; you may not sell, trade, or gift our digital assets.
The Client may share a sentimental copy with the seller with explicit terms and conditions from Launch Production and Design.
There may be situations where we re-license photos for non-real estate or sale purposes (e.g., Kitchen designer/landscaper, etc.), including but not limited to standard features/exteriors/amenities for multi-dwelling communities or neighborhoods.

Timeline for Real Estate Media Services

Services provided during regular business days will be delivered by the end of the next business day.
Services provided on weekends or holidays will be delivered by the end of the next business day.
iGuide Services will be delivered Monday to Saturday by the end of the next day.
Delivery timelines for Custom Quoted Projects will be included in the quote.
Rush Delivery is not available; good work takes time. Please book accordingly.

Delivery of Final Services

All Services will be delivered via email using the content delivery platform Aryeo.
If the Real Estate Agent does not have a shared Dropbox with Launch Production and Design, the Client is responsible for downloading and maintaining a copy of their media.
If you have a shared Dropbox with Launch Production and Design and you delete assets, Launch Production and Design will not be held responsible for any lost content.
Launch Production and Design will hold all media for one (1) calendar year. We make no guarantees that should the Client, or a party acting on their behalf, delete or lose any assets, Launch Production and Design will be able to provide another copy.
All iGuides will be provided via email by iGuide. Launch Production and Design is not responsible for maintaining iGuide media, which are held according to iGuide's terms of service.
All Matterports include three (3) months of hosting. Additional hosting is available for a set fee.
Launch Production and Design is not responsible for uploading the Client's assets to any website, and Digital Marketing services are available at an additional fee.

Payment

Invoices are included in the content delivery link provided via an email link.
Payment is due upon delivery of the media content.
Late payments will bear interest at a rate of 5% on the principal each month until paid.
The Client agrees to pay all reasonable legal fees and costs incurred with Launch Production and Design's collection of past-due amounts.
Clients not part of the Huntsville Area Association of REALTORS® (HAAR) must pay for services in full to reserve a booking.

Rates

Rates are subject to change without notice.
Custom Quoted Projects will be provided in writing on a per-project basis.
In order to split billing, shared listings must be specified at the time of booking and confirmed in writing by both parties.
The Client making the appointment will assume responsibility for payment unless Launch Production and Design is notified in writing.

Provision of Services

The Client, listing agent, property owner, or management company must be at all tenanted shoots.
iGuide Tours requires access to all spaces in the home, and all walls in every room must be visible to complete the service.
Specific Photographers must be requested in advance and are subject to availability.
Some services are weather-dependent, as determined by the photographer at the time of the shoot. All efforts will be made to complete all ordered services. Services that cannot be completed due to weather will not be billed. The Client will have the option to re-book the missed services at a convenient time for both parties.
All photographers reserve the right to abandon a shoot for their safety at their discretion. The Client's job is to ensure the listing is safe before the photographer's arrival. If a photographer abandons a shoot for safety concerns, the Client will be billed the total amount of the booked services.
Listings will be shot as they are at the time of the photographer's arrival. Launch Production and Design does not schedule time for staging during the shoot and cannot guarantee retouching services.
Video Recuts – if there are areas of the home you do not wish to show in the video, please let us know before or during the shoot. We include up to 2 revisions in our standard video package, and music cannot be changed. If the Client has specific music requirements, please let us know in advance. Any additional or after-the-fact updates to the video will be billed accordingly.

Cancellation

Cancellation of some or all services with less than 24 hours notice will be billed 50% of the total services booked.
Services rescheduled within 24 hours of the originally scheduled time will be subject to a 25% rescheduling fee for the total services booked.
Cancellations made within 1 hour of the appointment time will be billed at the full rate of the total services booked.

Terms of Service are subject to change without notice at any time.

IMAGE COPYRIGHT AND USAGE TERMS

About Copyright

The granting of licenses for third parties to use photographs is the basis for any photographer's business; this is how we feed our children and pay our mortgages. If someone uses one of our pictures without permission, they are not just stealing the usage fee; they are potentially reducing the value of the picture itself, whether by repetition or by compromising any legitimate image usage deals.

Image Usage Terms

Launch Production and Design LLC copyrights the images delivered on this platform. All rights are reserved, and no usage or reproduction of any type may be made of any image taken by or copyrighted to Launch Production and Design LLC without the express permission of Launch Production and Design LLC.

Any usage is made under the following terms and conditions, and using any image, whether authorized or not, indicates a complete and unconditional acceptance of these terms and conditions.

1). Any image reproduction may only be made on payment of a license or usage fee. This license or usage fee must be agreed upon and express permission granted before reproduction.
2). Launch Production and Design LLC only offers Rights Managed licenses, where the fee is set depending on the usage and territory of that usage.
3). As a policy, we do not offer low-resolution web reproduction prices, prices for personal use, or royalty-free images. Our minimum license fee for reproduction is $75 per image per reproduction.
4). Launch Production and Design LLC reserves the right to charge a higher license fee solely at our discretion if an image has a particular newsworthy value, exclusivity, or potentially for any reason.
5). No discussions into any variations on the above prices, re-use fees, or any volume, multiple uses, or re-use discounts will be entered retrospectively or once an image has been reproduced.
6). Copyright Law asserts the right to a credit; every image reproduction must be adequately credited. Should a client wish to reproduce any image without credit, then this may be granted in advance at the sole discretion of Launch Production and Design LLC, but at a usage fee equivalent to a license fee +100%. Should any image be reproduced without adequate credit and prior express agreement from Launch Production and Design LLC, the usage fee will equal a license fee +250%. Should any image be credited to anyone else, intending to claim credit for any photo or to deceive as to the provenance of any image, then the usage fee will be subject to a surcharge equivalent to a license fee of +1000%.
7). Any digital copies of any image must be deleted immediately once any reproduction has first been made. At their sole discretion, Launch Production and Design LLC may allow for a digital copy of images to be kept for internal reasons and at a fee of $75 per image per year. This fee does not include or convey subsequent reproduction fees that must be negotiated before any usage.
8). Should any digital image file metadata be removed, deleted, or edited in any way, then the usage fee will be subject to a usage fee equivalent to a license fee of +100%. This includes but is not limited to, any digital or web reproduction or any local or internal copy of any digital image held subject to the provisions of clause seven above.
9). Launch Production and Design LLC asserts all its Moral Rights by Copyright law. This includes but is not limited to, the right to object to derogatory treatment of any image or body of images. The right to object to degrading treatment includes, but is not limited to, the absolute right to decide where their work is reproduced. At their sole discretion, Launch Production and Design LLC may refuse the right to reproduce their images for any reason. In their opinion, reproduction may imply an endorsement of or link with any product, opinion, or political view. Under certain circumstances, and at their sole discretion, Launch Production and Design LLC may waive this right for a usage fee equivalent to a license fee of +500%.
10). Further to clause nine above, the right to object to derogatory treatment includes but is not limited to, the absolute right to object to the alteration or editing of any image. Consequently, no alteration or editing of any image, other than cropping for publication, may be carried out without Launch Production and Design LLC's express permission. At their sole discretion, Launch Production and Design LLC may waive this right for a usage fee equivalent to a license fee of +300%.
11). To avoid doubt, any usage fees accrued under clauses 6 to 10 are accumulative, and every clause that applies will be applied in the order they appear here to every image used.
12). Any usage or license fee applied to any unauthorized image use does not necessarily grant any rights for any continued usage of that image. Launch Production and Design LLC, at their sole discretion, reserves the right to charge a usage fee for any usage to date and then also demand the immediate removal or deletion of any image or the recall destruction of any publication including, but not limited to any brochures, leaflets, magazines or advertisements. Launch Production and Design LLC will not be liable for any losses incurred by enforcing this clause in any way, and this clause does not limit or affect any of the conditions set out in this agreement.
13). Any image is used at your own risk. No warranty is offered, given, or implied for any losses or costs incurred by using any image. This includes any third party's costs, actions, or losses for any reason whatsoever.
14). By using any image in any way, whether authorized or unauthorized, the user warrants and agrees to indemnify Launch Production and Design LLC for any loss or damages of any nature incurred through the reproduction of that image. This includes but is not limited to loss of reputation, loss of future work, any conflict with existing or potential image licenses or existing or potential exclusivity, or the costs, actions, or losses of any third party for any reason whatsoever.
15). From time to time, and at the sole discretion of Launch Production and Design LLC, these terms and conditions may change. The conditions for any authorized use will be those in place when the license was granted. The continued use of any unauthorized image indicates an acceptance of any revised terms and conditions, which will apply for the entire duration of any use.

Copyrighted images remain the property of Launch Production and Design LLC.

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