TERMS + SERVICES
AGREEMENT: Thanks for using our products and services (“Services”). The Services are provided by Gina & Tony Photographers LLC, dba Fio Creative (“PHOTOGRAPHER”).
By using our Services, you are agreeing to these terms. Please read them carefully.
RESERVATION: The date and time will be reserved upon completion of the booking on fiocreative.as.me.
PAYMENT: Payments for balances may be made via check, cash, Chase QuickPay or credit card (via Stripe). Please make all checks or money orders payable to Fio Creative. If for any reason a check should be returned, a fee of $50 will be charged. All payments must be received within 24 hours of the scheduled shoot. No media, including previews, can be delivered until payment is made unless special arrangements have been made ahead of time and approved by the PHOTOGRAPHERS.
COOPERATION: The client agrees that they have viewed the property in advance of the shoot and that the property has been cleaned and staged to their preferred standard and is ready to be captured. The PHOTOGRAPHER is not able to touch or move any items once on site and the property will be photographed as-is.
The client agrees not to schedule construction or cleaning crews, broker or buyer tours, or have additional family or friends of the homeowners on site at the same time as this shoot. The client understands that the presence of additional people on site will impact the final product.
Any delays due to the property being unready or additional people on the site that cause the PHOTOGRAPHER to stay past their allotted time or requires the shoot to be rescheduled will be subject to additional charges up to 50% of the original invoice.
IMAGES + MEDIA: Still images will be delivered within 2 business days of session date or payment being received, whichever is later, unless virtual staging or advanced editing is requested. All available images will be uploaded to a proofing gallery in both high-resolution and MLS web-ready formats. Images will be available for immediate download upon gallery posting.
Floor plans and Matterport tours will be delivered via email within 2 business days.
Video will be delivered within 3-5 business days.
CANCELLATION/RESCHEDULING: All rescheduling requests by the client must be made at least 48 hours before the session is to take place. Any requests made after that time may be subject to a $50 rebooking fee. Session cancellation that takes place less than 48 hours in advance may be subject to a $50 cancellation fee. If, in the opinion of the PHOTOGRAPHER inclement weather or other adverse conditions prevent the creation of media meeting the artistic standards of the studio/photographer, photographer may elect to reschedule the session.
TRAVEL: All travel fees are included up to 30 miles from the zip code 60130. Any locations further than 30 miles will require an additional travel fee and will be added to the final invoice.
COPYRIGHTS: All media produced by the PHOTOGRAPHER are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any matter without written consent. The PHOTOGRAPHER has the right to use any media produced in connection with this agreement for the use of display, self-promotion, and advertising.
LICENSE AND USAGE RIGHTS: All Media and rights relating to them, including copyright and ownership rights in the media in which the Photos/Videos/or digitally created content are stored, remain the sole and exclusive property of the PHOTOGRAPHER. This license provides the Client with the right to reproduce, publicly display, and distribute the Photos only for promotional or advertising purposes directly related to their business. This license is non-exclusive and grants unlimited usage rights for print and digital in perpetuity. The PHOTOGRAPHER retains the right to license images to third parties. This license does not grant the Client the right to distribute or re-license images to third parties.
At no time does this Agreement provide Client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106. Photos may contain copyright management information (CMI) at the discretion of the PHOTOGRAPHER in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Photographer for any penalties and awards available under the statute.
Rights are assigned to the Client immediately upon delivery of the Photos.
LIMIT OF LIABILITY: In the unlikely event that the PHOTOGRAPHER is injured or are unable to photograph the session for any reason, including acts of God, fire, illness, or extreme weather, the PHOTOGRAPHER will make every reasonable effort to reschedule the session during another mutually convenient time. If the session cannot be rescheduled, the liability is limited to the return of all payments received.
