Virtual Tour Shooting Terms and Conditions
For virtual tour and photography services, properties must be ready to shoot by the scheduled appointment time. We cannot wait on-site for a property to be staged, cleaned or arranged while we are shooting. This will prolong shooting times and can cause significant delays in our daily schedule which is not fair to our other clients. In the event this occurs, we reserve the right the end the session after the reasonable allotted session time, with or without the session being completed, and will reschedule a time to complete the shoot.
For liability reasons, we will not move items such as furniture, pictures, decorative items, etc... The property should be "photo-ready" by the scheduled appointment time.
If inclement weather conditions (rain or dark overcast clouds) are present during the day of your scheduled service, we will contact you for instructions to proceed with the services or to reschedule. We will normally proceed with a photoshoot on a cloudy or overcast day unless instructed well in advance to reschedule.
Scheduling and Contact Information
Requests for 3D virtual tour appointments should be confirmed via our website www.yourvtour.com or email info@yourvtour.com with as much detail as possible. We will reply back within 24 hours to verify the date, time and location of the shoot. Next day orders are sometimes difficult to schedule, cannot be guaranteed but we will always try our best to fit you in our schedule.
At the Shoot
The photographer will scan the space “As Is.” The photographer will not stage the space as this should be done in advance. The 360 Virtual Tour will capture the space exactly the way it is presented at time of the appointment. Please make sure that there are no people walking around in the space during the scanning as they will show up in the virtual tour.
After the Shoot
Delivery of 3D virtual tour: Photographer will provide a URL and embed code for the completed Matterport Space(s) (which will include access to Guided Tours and snapshots of tour). Customer understands and agrees that all Matterport Spaces (including associated Guided Tours if ordered) are hosted solely on Matterport’s platform, and Customer will not receive any digital assets for Matterport Spaces. Matterport Snapshots will be provided by email within 48 hours of scan. Photographer will make all of the foregoing 3D Services available to Customer within 48 hours after the date of the Capture Services. Service Provider agrees to process and host the created Matterport Space(s) on the Matterport platform for a period of 6 months following the completion of Capture Services. This may be extended by customers request for an additional year for the cost of $99.00 per annum. Customer acknowledges that: (a) Service Provider is an independent provider of the Capture Services and is not a contractor, employee or agent of Matterport; and (b) Service Provider is making the 3D Services available to Customer under a license between Matterport and Service Provider. Cancellation, No-Show and Inclement Weather Policy If cancellation or rescheduling is necessary, please do so with a minimum of 24 hours notice. Every effort will be made to accommodate a rescheduling. In the event of inclement weather preventing photography, a new date will be scheduled at the earliest available time.
Hosting of the Virtual Tour
The virtual tour will be hosted externally on servers owned and operated by Matterport, Inc. The price includes 1 year of free hosting for 1 retail space only. After the 1 year has ended, your virtual tour grace period will expire and you can renew the hosting for another year for $50.
Rights and Usage
All images produced for Client may be used by the Client for any and all marketing materials and campaigns associated with the property space being scanned and for the Client’s self promotion. The photos may also be used by the Client’s parent company for the sole purpose of marketing the specific property photographed. Ownership of the images remains with the Photographer, and license is granted only to the Client and Client’s parent company, and not to any third party. Any usage of the images by a third party, including but not limited to, architects, builders, stagers, designers, sellers or buyers, is strictly prohibited unless approved in writing by the photographer.
Hold Harmless
Customer, at Customer’s own expense, will indemnify, defend and hold harmless Service Provider, its corporate affiliates and licensors, and their respective officers, directors, employees, representatives and agents (each a “Service Provider Indemnity”) from and against any claim, demand, action, class action, investigation or other proceeding, including but not limited to all damages, losses, liabilities, judgments, costs and expenses (including reasonable attorneys’ fees) arising from (each a “Claim”), brought by any third party against a Service Provider Indemnity to the extent that such Claim is based on, or arises out of: (a) a breach, or potential breach, of any of Customer’s obligations under this Agreement; (b) Customer’s use of the 3D Services; (c) any allegation that Customer has not obtained all consents, approvals, licenses, and permissions necessary for Customer, Service Provider or their respective subcontractors, as applicable, to have access to a Service Location captured in any 3D Service and/or to capture and use imagery of such Service Location; or (d) any alleged or actual fraud, gross negligence or willful misconduct of Customer or Customer’s subcontractors or agents. In the event of a claim in respect of which a Service Provider Indemnity seeks indemnification from Customer under this Section, the Service Provider Indemnity will promptly notify Customer in writing of the claim, cooperate with Customer in defending or settling the claim at Customer’s expense, and allow Customer to control the defense and settlement of the claim, including the selection of attorneys; provided, however, that Customer shall not settle any claim unless such settlement completely and forever releases the Service Provider Indemnity from all liability with respect to such claim or unless the Service Provider Indemnity consents to such settlement in writing.
Limitation Of Liability
Except in connection with either party’s indemnification obligations hereunder, customer’s breach of a party’s gross negligence or willful misconduct: (a) to the maximum extent permitted by law, neither party, it’s affiliates or licensors shall be liable, under any contract, negligence, strict liability or other legal or equitable theory for any indirect, special, incidental, consequential, punitive or exemplary damages; and (b) in no event shall the total liability of either party, its affiliates or its licensors under this agreement exceed the total fees paid or payable to service provider hereunder during the twelve (12) month period immediately prior to the date the cause of action arose. Neither service provider nor Matterport shall be responsible or liable for any personal or confidential information captured or displayed in any 3D or photography service. Customer is responsible for preparation of each service location, and customer will be solely responsible for any objects or people displayed in any 3D or photography services.
When you choose to hire Your Virtual Tour llc, you acknowledge your acceptance of these terms and conditions.
TIPS FOR A GREAT PHOTO SHOOT
We want you to be completely satisfied with the way your Virtual Tour looks because there's only one chance to make a positive first impression through your imagery. Here are some tips to make sure your property space will look absolutely outstanding.
Make sure the property is clean, free of clutter and staged for a showing.
Turn all lights on, replace non-working bulbs and turn all ceiling fans off.
Remove all non-decorative items from all countertops in the kitchen and bathrooms.
Clean all mirrors and windows.
Minimize or remove personal pictures and photographs.
Pleased keep people or any moving objects out of view of the camera.
Remove all clutter from space.
Remove trashcans, recycle bins, and debris.
Remove all other items you don't want photographed.