Beautifully hand-blended images that are MLS ready.
Al La Carte Video
Al La Carte 3D Tours & Floor Plans
Al La Carte Marketing Services
Vacation Rental Licensing
NOT REQUIRED FOR AGENTS/BROKERS. Purchase this if you intend to use your media on a nightly rental property. This will give you a lifetime usage license.
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(NOTE: This option is only displayed to team members, not clients)
Terms
Scope of this Agreement: This Agreement applies to any photograph, video, graphics, digital assets, or digital images created or taken by Tennessee Real Estate Media LLC, hereinafter referred to as "media." This Agreement governs the relationship between the Tennessee Real Estate Media LLC and the client and in no event shall any e-mail communication or other exchange, amend or otherwise modify the terms of this Agreement unless agreed to in writing.
Rights: All media and rights relating to them, including copyright and ownership rights in which the media are stored, remain the sole and exclusive property of Tennessee Real Estate Media LLC. This license provides the client with the limited permission to reproduce, publicly display, and distribute the media only for promotional or advertising purposes directly related to the sale of the property or listing and the promotion of the agent. Media used for any purpose not directly related to the sale of the property or listing or the promotion of the agent must be with the express permission of Tennessee Real Estate Media LLC and the payment of additional fees.
Penalties: Image infringement, copyright, and ownership transfer prices are outlined as follows: $500 per image found to be in violation, and $75 per second of video footage that is found to be in violation. The client agrees to pay any and all penalties to Tennessee Real Estate Media LLC in the event of copyright infringement or violation of this agreement.
Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, any grant of license is limited to a term of either one (1) year from the date of this Agreement, or (2) at the termination of the client's representation of the Property, whichever occurs first. Further use of images requires Tennessee Real Estate Media LLC's permission and additional fees. Licenses are assigned to the client immediately upon delivery of the media.
Relationship of the Parties: The parties agree that Tennessee Real Estate Media LLC is an independent contractor, and that neither Tennessee Real Estate Media LLC employees or contract personnel are, or shall be deemed to be, employees of the client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Tennessee Real Estate Media LLC and the media or any other deliverables prepared by Tennessee Real Estate Media LLC shall not be deemed a work for hire as defined under Copyright Law. All rights granted to the client are contractual in nature and are expressly defined by this Agreement.
Creation: The manner and method of creating any media is solely at the discretion of Tennessee Real Estate Media LLC and the client has no right to control Tennessee Real Estate Media LLC's manner and method of performance under this Agreement. Tennessee Real Estate Media LLC will use its best efforts to: (a) ensure that the media conforms to the client's specifications.
Delivery: Tennessee Real Estate Media LLC may select delivery of photographs in JPEG at a resolution that Tennessee Real Estate Media LLC determines will be suitable for the photos as licensed. It is the client's responsibility to verify that the photos are suitable for reproduction and that if the photos are not deemed suitable, to notify Tennessee Real Estate Media LLC within five (5) business days. Tennessee Real Estate Media LLC's sole obligation will be to replace the photos at a suitable resolution but in no event will Tennessee Real Estate Media LLC be liable for poor reproduction quality, delays, or consequential damages.
24 Hour Guarantee: Tennessee Real Estate Media LLC's twenty-four (24) hour guarantee applies only to photos, and not to any other form of media that Tennessee Real Estate Media LLC provides. Additionally, the guarantee only applies to the initial delivery of the photos. If the client requests any form of modification or edits to the photos, the twenty-four (24) hour guarantee no longer applies and is null and void. Twenty-four (24) hours is defined as starting from the time Tennessee Real Estate Media LLC is able to return to the office and begin editing the photos, or 23:59 EST of the date on which the photos were taken, whichever comes first. If Tennessee Real Estate Media LLC is unable to provide the photos within the previously defined twenty-four (24) hour time frame, the client will receive the photos for free, or be given a refund for the amount paid for the photos. This refund does not apply to any other form of media paid for, including, but not limited to video, floor plans, and 3D tours.
Tennessee Real Estate Media LLC has no obligation to retain or archive any media delivered to the client.
Fees: All fees and expenses payable under this agreement are required no later than ten (10) business days from the delivery of the photos and payable irrespective of whether the client makes actual use of the photos. If full payment has not been received within thirty (30) days all rights and permissions are revoked at Tennessee Real Estate Media LLC's discretion. In the event rights are revoked, all images in the possession of the client will be removed from all forms of media and permanently destroyed within ten (10) days. the client shall provide Tennessee Real Estate Media LLC with a written statement that all images have been removed and destroyed.
If the client sends payment past the thirty (30) days, Tennessee Real Estate Media LLC reserves the right to charge a 5% finance charge for every thirty (30) days past the due date.
If the client retains images past thirty (30) days without paying the full amount and does not remove and destroy all forms of media, Tennessee Real Estate Media LLC will pursue all parties with legal action for the infringement of copyright. All images and services are initially licensed at a subsided single usage rate. Image infringement, copyright, and ownership transfer price are outlined above in the "Penalties" paragraph.
No Exclusivity: This Agreement does not create an exclusive relationship between the parties. The client is free to engage others to perform services of the same or similar nature to those provided by Tennessee Real Estate Media LLC, and Tennessee Real Estate Media LLC shall be entitled to offer and provide services to others, solicit other clients and otherwise advertise the services offered by Tennessee Real Estate Media LLC.
Transfer and Assignment: the client may not assign or transfer this agreement or any rights granted under it. Media may not be given, shared, sold, donated, or otherwise provided to parties not included in the Agreement, including but not limited to other real estate agents, marketing teams, stagers, builders, contractors, or otherwise. Media may be kept by the homeowner for strict personal use only, not for any business they may own or operate. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations. If the Client has an issue with a detail in the invoice, the client must contact Tennessee Real Estate Media LLC within five (5) business days to correct it.
Indemnification: the client will indemnify and defend Tennessee Real Estate Media LLC against all claims, liability, damages, costs, and expenses, including legal fees and expenses, arising out of the creation or any use of any media or materials furnished by the client. It is the client's responsibility to obtain the necessary model or property releases and ensure they are in full effect and in force.
General Law/Arbitration: This Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of Tennessee. Any claim or litigation arising out of this agreement or its performance may be maintained only in courts physically located in Sevier County, Tennessee, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys' fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Severability: If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforce-ability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Waiver: No action of either party may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such rights or remedies will not preclude further exercise of other rights or remedy.
This agreement is final and binding between Tennessee Real Estate Media LLC and the client and/or the agency that scheduled the services online by agreeing to terms and conditions.
