terms of service
All scheduled services require the client to provide a 24 hours notice of cancellation or reschedule before the scheduled appointment. Kendra Gail Photography reserves the right to charge a $50 fee for all cancellations or reschedules made less than 24 hours before appointment time.
Unable to Start Services
The client and/or realtor are solely responsible for the preparation and condition of the property where the services are to be performed. If the photographer on site determines that the site is not properly prepared; can not access the property; or that additional preparation of the property will delay the photographer, Kendra Gail Photography reserves the right to cancel the appointment and charge a $50 cancellation / reschedule fee.
If the weather threatens to prevent the services, it is the client’s decision to continue or reschedule. If rain is already present, our photographer can perform all of the services inside and reschedule to return and perform the services outside. Otherwise all of the services can be rescheduled to another available time. (No reschedule fees will be assessed based on weather.)
McClaskey Media shall notify clients of a late arrival. Although we plan to be on time to every appointment there are occasions where this is excessive traffic, weather or other factors that could cause a delay. We will make every effort to ensure we arrive at our scheduled time.
McClaskey Media is not liable for the failure of income of any services we provide.
Online Availability of Product
McClaskey Media utilizes third party services for some of our services. Although we have chosen vendors with a high reliability, routine maintenance and server outages are beyond our control. We assume no responsibility for these outages although we will work to resolve the issues as quickly as possible.
Alterations of final products produced from our services
No alterations are approved to be made of any product that is produced based on the services we provide. No use of Photoshop or other editing programs is permitted on any product by client, property owner, realtor or any other person.
Any service requested outside of the planned service may incur a free. This includes additional time on site.
We will do everything within our control to ensure you receive your finished product on time. As times this requires cooperation and information from the client in a timely manner. We assume no responsibility for delay of final product due to client delays.
100% Money Back Guarantee
This guarantee is applicable to all of the photography services we provide. In the event we are unable to provide the requested photo services at the time of appointment we will refund 100% of Monies Paid for those services. This guarantee does not include delivery of the final digital product it only guarantees that the photography services appointment will occur at scheduled time.
McClaskey Media operates on a fee for service basis, all monies owed are payable upon scheduling of the services unless previous arrangements have been made to be invoiced after services are rendered. If invoice is emailed it is due upon receipt and if left unpaid after 14 days or receipt will incur a $50 late fee. We accept online credit and debit payments only through Square. You will receive an emailed receipt within minutes of making your payment.
We provide services in San Diego county with no additional travel fees. Areas outside this county will be subject to an additional travel fee.
McClaskey Media retains the copyright for all final services. McClaskey Media reserves the right to use products produced from our services for promotion of our services on our website, Facebook, Google+, etc.
Client Final Product Rights
Whomever has paid for our services has permission to use the products produced from our services on any electronic or printed form of advertisement for the promotion and sale of this property. Our final products can not be altered after they are received. Our final products can not be sold to another Realtor, future homeowner or anyone else. They can not be used again by another Realtor who takes over an expired or withdrawn listing. If someone including another Realtor would like to use our final product they need to contact us for instructions and payment. Without our approval and payment will result in a copyright infringement / violation. They will be asked to remove our final product from any electronic or printed form. Continued use and failure to stop will result in legal action.
Further Realtor Final Product Usage Rights
Your MLS may claim that by uploading listing photos to the MLS site the agent transfers ownership and/or copyright of the photos to the MLS. Court cases have shown this is false. The agent can not transfer the ownership and/or copyright because they do not own the copyright. Copyrights can only be transferred via a signed document. MLS services just want to protect themselves and their members and no one wants to spend the time and money to MLS services to fix their rules as long as they don’t violate the photographer’s copyright. Typically we ignore the false claim of the MLS in the area of copyright.
Some photographers may not discuss licensing with you. This may be either because they haven’t taken the time to or they don’t intend to re-license their final products. In any case please don’t assume that a lack of discussion about ownership means that the agent owns the final products. You must always check with the photographer before giving your final products to anyone.
Many real estate photographers expect to license their final products to other parties. Perhaps the stager, the architect, and interior designeer or another real estate agent. Please do not give away or use your final products for anything other than their intended initial use and your license to use them.
Photographers own the final products they create. So when you hire a real estate photographer to take photos and provide other services of a property you are paying for a temporary license for one specific person (the agent or client) to use those final products for a specific purpose (advertise your listing) for a specific length of time (the duration of the listing.)