Terms of Service

1. Introduction

These Terms of Service ("Agreement") govern the provision of real estate photography services ("Services") provided by Audrey White Photography ("Photographer") to you ("Client"). By booking our services, you agree to comply with and be bound by the following terms.

2. Booking and Payment

Retainer: A non-refundable retainer of 30% of the total service fee is required to secure your booking. This retainer is applied to your final balance.

Payment: The remaining balance is due upon delivery of the final images. All payments must be completed before any images are released. 

Late Payments: Any unpaid balances after 30 days will incur a late fee of 2% per month.

3. Rescheduling and Cancellations

Rescheduling: Rescheduling requests must be made 24+ hours prior to the scheduled session. We will accommodate rescheduling based on availability.

Cancellations: Cancellations made less than 24 hours before the scheduled session will result in the forfeiture of the retainer. Same-day cancellations or no-shows will be billed the full session amount. Exceptions depending on circumstances may be made at the discretion of the Photographer.

Weather-Related Cancellations: Weather conditions such as heavy rain, snow, fog, or high winds (in the case of drone assignments) that impede photography will allow for rescheduling without penalty. Cloudy days do not qualify for rescheduling, as they are often ideal for exterior shots.

4. On-Site Policies

Property Access: The Client is responsible for providing access to the property at the scheduled time. If the Photographer is unable to access the property, it will be considered a same-day cancellation.

Property Preparation: The property must be photo-ready at the time of the shoot. This includes all cleaning, staging, and decluttering. Photography will begin as scheduled, and additional time will not be provided for property preparation.

On-Site Presence: The Client may or may not be present during the session. If the Client or an authorized representative chooses to be on-site, they must ensure they do not interfere with the photography process. The Photographer reserves the right to request that the session proceed without the Client's presence to ensure optimal conditions for capturing the property.

Other Service Providers: No other service providers (e.g., contractors, landscapers, cleaners) should be on-site during the photography session, as their presence may interfere with the shoot.

Pets: For the safety of our team and to ensure the best possible photos, all pets, including dogs, cats, and other free-roaming animals, should be removed from the property or secured/crated in an area that will not be visible in the photos. Thank you for your understanding. 

5. Photo Delivery and Usage

Delivery Time: Standard photo editing and delivery will be completed by the end of the next business day following the session. 

Image Usage: The Client is granted a non-exclusive license to use the images for marketing and promotional purposes related to the property photographed. The images may not be sold, transferred, or sublicensed to third parties without the Photographer’s PRIOR written consent.

Photographer’s Portfolio: The Photographer retains the right to use the images in their portfolio, website, social media, or for promotional purposes unless the Client requests in writing that the property images remain private.

6. Editing

Basic photo editing is included in the service fee. Extensive editing or significant alteration requests may incur additional charges and may increase delivery time. 

7. Damage and Liability

Photographer’s Responsibility: The Photographer carries liability insurance and will be responsible for any damage caused to the property due to the Photographer’s negligence or carelessness during the session.

Client’s Responsibility: The Client is responsible for ensuring that the property is safe, secure, and free of hazards. The Photographer is not liable for any injuries or damages that occur due to pre-existing unsafe conditions, structural issues, or unsecured areas of the property.

Force Majeure: The Photographer is not liable for any failure to perform services due to circumstances beyond their control, including but not limited to natural disasters, illness, or equipment failure.

8. Dispute Resolution

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of Massachusetts.

Dispute Resolution: Any disputes arising from this Agreement shall be resolved through mediation/arbitration in Boston, Massachusetts within 60 days of the dispute arising.

9. Amendments

Changes to Terms: The Photographer reserves the right to amend these Terms of Service at any time. The Client will be notified of any significant changes in writing.

10. Agreement

By booking and using our services, you acknowledge that you have read, understood, and agree to these Terms of Service.