MP REAL ESTATE IMAGES LLC

TERMS AND CONDITIONS

MP REAL ESTATE IMAGES, LLC (“MP” or “MPREI” or “MP Real Estate Images”) will provide you {“Client”} with high quality digital imagery services {“services”} subject to the following terms and conditions. If you use or agree to use the services you agree to the following terms and conditions which shall constitute a binding contract between Client and MP Real Estate Images LLC.

DESCRIPTION OF WORK

MP shall provide Client with photographic, video and or floor plans in high quality images of real property identified by Client in connection with the Client’s listing, advertising, and promotion of such real estate as permitted by home sellers in the real estate industry.

SUBCONTRACTORS

MP shall have the right to hire subcontractors to perform various services contemplated by the contract, provided that MP shall remain fully liable for the performance of the contract.

PROPERTY USE

The Client will get agreements from all property owners to allow MP the free entry and exit of the property as may be necessary to complete the imaging session. This grant extends to such assistants and or models that MP may utilize in the creation of pictorial images. The Client will notify MP of any restrictions, rules, or areas to avoid prior to any session, and acknowledges that there are no known hidden or dangerous conditions present at the job-site. MP will contact Client via phone, email, or other reliable means, to discuss any necessary modified use of the job-site due to weather, ongoing events, or other similar activities.

LIMITED LICENSE AGREEMENT.

MP grants Client a LIMITED NON-EXCLUSIVE LICENSE to use the images in accordance with these terms and conditions. Client shall have the use of the delivered images in any electronic or printed format for the sole purpose of promotion and advertising of the real estate indefinitely, so long as the Client represents the listing. If the Client no longer represent the listing, the Client gives up the rights to use the images provided by MP Real Estate Images, LLC. Only the Client has permission to use the delivered images in any electronic or printed form for the promotion of the real estate property. Permission may not be assigned, transferred, granted, or distributed by Client to any other person, property owners, entity or themselves not related to the identified property listing campaign. If Client wishes to make any additional uses of the work not detailed in DESCRIPTION OF WORK or builders, stagers, designers, or other “third parties” that wish to use images must contact MP directly for separate licensing and fees that may be required. This License Agreement shall extend to each property for which Client agrees to use or uses the services of MPREI.

MP also grants a limited, license to the Multiple Listing Service (MLS). MP represents and warrants that it is fully authorized to license the property listing images and hereby does grant to the MLS a limited license to include the property listing images that client has purchased in this listing agreement on the MLS listing sites, which includes distribution to MLS Participants and Subscribers, prospective buyers or tenants, as well as third party websites that client has authorized to assist with the marketing of the property for sale or for rent for as long as MLS so chooses.

ALL IMAGES ARE THE COPYRIGHT PROPERTY OF MP REAL ESTATE IMAGES. Unauthorized use of images is a copyright violation, and will result in termination of this contract. Client understands that MP Real Estate Images owns the images and retains all rights and use therein except the limited use thereof granted to Client under this License Agreement. Copyright may not be transferred to any other party.

ESTIMATES

The fees quoted by the MPREI are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses, which may be greater or less, will be invoiced.

STANDARD PAYMENT POLICY.

Payment must be received before delivery of full images. Full unmarked images will be released upon payment in full of the Standard Fee set forth on our website or such other fee as may be agreed to for non-standard services. Use of any images before full payment will constitute a breach of contract. Credit card payments may be made when purchasing the digital images online reading them for download.

CANCELLATION/POSTPONMENT POLICY.

It is the responsibility of the Client to inform MP Real Estate Images as soon as possible for cancelation or rescheduling. A session that is rescheduled/canceled after 8 pm the day before the appointment will be charged a $75.00 lost schedule time fee. Once MP Real Estate Images has departed for the scheduled job, the order may be canceled, however a $125.00 lost schedule/travel charge will apply. Once on-site a cancellation or if MP cannot access property (e.g. Client has not provided appropriate entry, dog prevents access, etc.) within 15 minutes after scheduled appointment, a $150.00 on-site cancellation charge will incur. Reschedules will be subject to the photographer’s availability. If MP Real Estate Images cancels, no payment is expected.

WEATHER POLICY.

There will be times when services cannot be completed due to inclement weather. In those circumstances, the decision about shooting is up to the Client. If the Client chooses to proceed with on-site work, MP Real Estate Images will provide the best images we can. If additional outdoor work is required on a better weather day, our standard fee will apply. However, if weather poses a danger to equipment, liability, or travel MP also has the discretion to reschedule. No reschedule fee will be charged in the event of bad weather if cancelled by photographer. Reschedules are subject to availability.

FORCE MAJEURE

Neither MP or Client shall be liable for failure of either party's obligations caused by any circumstances beyond reasonable control, including but not limited to acts of God, epidemics, pandemics, floods, riots, fires, civil unrest, acts of war or terrorism, or failure of energy sources.

INDEMNIFICATION.

Client shall indemnify and hold MP Real Estate Images harmless against any claims for loss, liability, damage, or injury arising out of MP’s performance of services at the property unless due to the sole negligence of MP. Client understands that MP Real Estate Images may perform digital retouching of photos. Client is responsible for ensuring that the retouched photos do not display the real estate or location in a manner that is misleading, or constitutes false advertising.

LIABILITY FOR INJURY

Liability for injury to MP and its employees; Etc. Client shall be liable to MP and its agents, servants, employees, and subcontractors, for any injuries or damage caused by the failure of the property owner/resident to maintain the property in a safe condition and to warn of hidden defects. Furthermore, the property shall be free of harassment from pets or people. It is the responsibility of Client to inspect the property for any dangerous, defective or hidden conditions prior to MP's commencement of work and to either remedy the same or warn MP of the existence thereof...

REPRESENTATIONS AND WARRANTIES

MP REAL ESTATE IMAGES represents and warrants that it owns the digital images licensed to Client and otherwise makes no warranties, express or implied, with respect to the services provided under the contract.

RELATIONSHIP OF PARTIES

It is understood and agreed that the relationship of MP and Client shall be that of independent contractor.

APPLICABLE LAW

The contract shall be governed by the laws of the State of Rhode Island.