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Terms-and-Conditions

Copyright Notice:  Prickly Pair Creative is the exclusive copyright holder of all content created and provided. Full image, video or file rights are not sold or granted, clients only receive licenses. Licensing may be obtained for various applications of images, please refer to Rights and Usage.


Rights and Usage:  The original agent/client who paid for the service has permission to use the images, video or files on any electronic or printed form of advertisement for the promotion of their property or personal use. For Real Estate or Commercial uses the licensing agreement is valid only for the duration the home/property is listed for sale and cannot be reused without specific written permission from Prickly Pair Creative. Prickly Pair Creative must be made aware, credited, and compensated for any printed or digital publication/use where content are not being used for the direct marketing of the sale of the property.


Agents/clients may not sell, transfer, or gift any images for any reason to any third party, especially to another agent who takes over an expired, withdrawn, or cancelled listing. These third parties also include sellers, builders, stagers, and any other contractors associated with the property or agent. Image licenses are non-transferable.


Prickly Pair Creative reserves the right to re-license content.
Failure to pay for content will result in a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement within 24 hours. Failure to stop using them will result in legal action.


Once photos/videos have been delivered, the purchaser (client) may not make any digital alterations, edits, or "photoshop" the content unless to crop the images/video. If there is an issue or concern with editing or delivery please contact Prickly Pair Creative, but do not make alterations as this is a violation of copyright.
"Community shots" such as golf course, clubhouse, fitness centers, subdivision signs, etc., may be licensed in conjunction with property content in order to market the listing.  Prickly Pair Creative retains all rights to every photo and video and therefore these shots are stock images. Using the photos in other marketing or in conjunction with other properties, is prohibited unless additional licensing is purchased.


Expectations of Agent/Owner: Agents and homeowners are expected to have the property cleaned and staged prior to the photo shoot. If the property is not ready to be photographed you should make every effort to reschedule 24 hours prior to the shoot. Prickly Pair Creative is not responsible for staging, cleaning, de-cluttering, or landscaping. We are not a staging service, cleaning service, or a landscaper... There will be a "staging/convenience fee" added if any of these are requested by the agent and there is by no means an obligation by the photographer to do these actions.


Cancellation and Rescheduling Policy: By scheduling service you affirm that the property is ready for photos or video to be taken.  You also understand that we charge a $50 service fee when we must return to a property in which it is not our fault.  This includes, but is not limited to: property not ready, staging incomplete, construction, agent/owner not home, no key in lock-box, etc. This includes partial photo shoots where the exterior may not be ready or certain rooms are incomplete and the photographer is required to return.  We also understand things come up or may change but if a property is rescheduled or cancelled within 24 hours of the scheduled shoot time, there will be a $50 fee.  Any cancellation within 2 hours of the shoot or once the photographer has arrived will be subject to 100% of the package amount.


Weather Policy: We photograph in all weather except for rain. If rain is present the client will be given the option to reschedule at no additional charge. However, the weather should be evaluated several days prior to the shoot to prevent any rescheduling. The weather policy does not cover rescheduling or cancelling under 24 hours due to cloudy weather or lack of sun (rain must be present in order for the fee to be waived).


Rush Policy: A minimum of 72 hours notice is recommended when scheduling for a property shoot. A request for photos to be completed and delivered in under 12 hours from time of shoot is subject to a $50 rush fee.
Photo Guarantee: Prickly Pair Creative will make every effort to ensure the final content is of high quality and represent the property in the best way. Sometimes; however, an agent/homeowner may feel these images do not meet those expectations. In this case, Prickly Pair Creative will work closely with the agent/homeowner to correct the issue and photos. A reasonable amount of re-editing will be performed at no additional cost. If a return trip is requested due to issues in the photos regarding de-cluttering, additional photos not specifically requested prior to shoot, or other aspects that are not directly the responsibility of Prickly Pair Creative, there will be a charge. A minimum re-shoot fee of $50 will be charged to the agent/client, unless it is the direct responsibility of the photographer where then there will not be a charge (e.g. missing specific shot requested prior to shoot). Everyone has a different idea of their "best photo" but prior to hiring Prickly Pair Creative, please carefully review the portfolio as there will be no refunds issued to clients who are not happy with the "style" of photography or videography. -“Style” refers to image angles, color, and any other visual aspect of the photo.


Delivery of Content and Storage: For most standard real estate shoots, Prickly Pair Creative guarantees a 48 hour or less turn around time. Some photo shoots of larger properties or with extensive editing/special requests, such as luxury, twilight, and aerial videography may take up to 72 hours. Prickly Pair Creative will also maintain a photo backup and provide access to the final images for up to 60 days after the photos are delivered to the client via download link. After 60 days, Prickly Pair Creative cannot guarantee the photos will be available, however if they are, there will be a $20 retrieval fee if the client requests another copy. It is highly recommended to download the photos immediately after receiving the final download link as this will ensure no future issues or retrieval fees.


Travel Surcharge: Properties outside of the Greater Phoenix Area are subject to a minimum travel fee of $50 depending on distance. A larger travel surcharge will be assessed for properties significantly out of range. Properties in rural or remote areas may be subject to additional travel fees depending on the extent of the distance from a major paved roadway.


Right to Refuse: Prickly Pair Creative reserves the right in its sole discretion to refuse service at any time for any reason. At any time, Prickly Pair Creative can terminate the relationship with or fire a client for overdue invoices, poor communication, or unreasonable requests.


Payment: Payment is expected within 7 days of delivery of the "proof" images to client, or the stated due date on the invoice. Payment is required before photos will be released for download. Failure to pay by due date will result in a 2% fee assessed daily. Failure to pay an invoice past due of 30 days or more will result in legal action. Timely payment is expected as Prickly Pair Creative does not require payment prior to a shoot as most of the industry does.


By visiting or using any website owned by Prickly Pair Creative, or by hiring to provide photographic services, you are agreeing to be bound by these terms and conditions. You are also acknowledging that such agreement constitutes a binding contract between you and Prickly Pair Creative.


If you do not wish to be bound by these terms and conditions, please do not visit or use Prickly Pair Creative's Website, https://pricklypaircreative.com/, or the services of Prickly Pair Creative.


Prickly Pair Creative retains the right to change the the above terms at any time without notice.

 

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