Terms Of Service
By accessing this website, you are agreeing to be bound by this website Terms and Conditions of Use, applicable laws and regulations, and their compliance. If you disagree with any of the stated terms and conditions, you are prohibited from using or accessing this site. The materials contained in this site are secured by relevant copyright and trademark law.
Scheduling and Contact Information
Clients should request photography appointments via text/email or through our online scheduler. We will confirm the date, time, and location of the shoot within 24 hours of the request. Once both parties have acknowledged the date and time of the appointment, the appointment will be considered “booked”.
Peak Real Estate Photography, retains the copyright for all photographs & media created in the course of doing business and all images on this website. The commissioning real estate broker/agent ( CLIENT ) is granted a license to use property images (for which they have paid) for the promotion of that property in any media while CLIENT manages the listing. License expires once property has Sold, Expired, or is Withdrawn. Images must not be edited/altered by anyone other than PHOTOGRAPHER with the exception of minor cropping and/or resizing only.
CLIENT may NOT give, license, or sell images to anyone. This includes the property owners, other brokers/agents/Realtors, builders, architects, stagers, or any other vendor. Disregarding these terms will result in copyright infringement/violation ( Digital Millennium Copyright Act of 1998, 17 U.S.C. §512(c) ) and may result in legal action. PHOTOGRAPHER recognizes that CLIENT does not control how images are shared by USAMLS and syndicated to other property listing sites (Zillow, Realtor.com, Trulia etc.) and CLIENT is not liable for such use beyond license expiration. Users may transfer the Deliverables associated with the Service to their MLS provider for the sole purpose of fulfilling the defined purposes of the MLS provider. Such transfer of this limited usage license to the MLS shall not in anyway be construed as a transfer of ownership to the MLS.
PHOTOGRAPHER reserves the right to re-license real estate images for commercial use by developers, builders, designers, vendors, or other parties. This will be executed with a separate agreement between PHOTOGRAPHER and licensee.
* Licensing terms for custom photography projects with other commercial clients are tailored according to the project estimate and can be found in that document as well as on final invoices.
Users may transfer the Deliverables associated with the Service to their MLS provider for the sole purpose of fulfilling the defined purposes of the MLS provider. Such transfer of this limited usage license to the MLS shall not in anyway be construed as a transfer of ownership to the MLS.
Final images are backed up by Peak Real Estate Photography and are available to be re-delivered until 90-days from date of delivery. Photos are not guaranteed to be available beyond that time frame. It is recommended that Client makes a local backup of the images to use for the duration of the listing. Once Client’s contract with the homeowner has ended (property is sold, cancelled or picked up by another agent), the license expires so Client should delete their backup at that time.
All fees and expenses payable are required before photos are available for download and no later than ten (15) business days from the date of the Photo shoot and payable irrespective of whether Client makes actual use of the Photos. If full payment has not been received within thirty (30) days all rights are revoked at Peak Real Estate Photography’s discretion. In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed within ten (10) days. Client shall provide Photographer with written statement that all images have been removed and destroyed.
Cancellation and Rescheduling
We offer free order rescheduling with at least 24 hours notice. If the order is rescheduled on the day of the photo shoot, we have a $50 cancellation fee for that order, and we will reschedule the order for the new appointment date. If the photographer arrives at the property and the job is cancelled/postponed at that point for any reason, and that property was out of our typical service area, there is a $25 travel fee charged in addition to the $50 cancellation/reschedule fee.
Weather-related cancellations are subject to the terms above. Some weather conditions can adversely affect exterior home photo quality or prevent safe drone flight. In the event of unfavorable weather, the interior photos will be photographed as planned. Alternate arrangements will be made for exterior or aerial re-shoot and additional fees may apply unless full cancellation is made at least 24-hours in advance. When weather is dry but blue skies are not present PHOTOGRAPHER will provide blue sky replacements on primary exterior images.
PLEASE READ THE ABOVE TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THE ONLINE BOOKING FORM. BY VISITING THE WEBSITE, YOU ARE DEEMED TO HAVE READ AND UNDERSTOOD THESE TERMS & CONDITIONS OF USE AND TO HAVE AGREED TO BE BOUND BY THESE TERMS & CONDITIONS OF USE, WHICH SHALL FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PEAK REAL ESTATE PHOTOGRAPHY
Effective date – April 24, 2022
Welcome to https://peakrealestatephotography.com (the “Site”). We understand that privacy online is important to users of our Site, especially when conducting business. This statement governs our privacy policies with respect to those users of the Site (“Visitors”) who visit without transacting business and Visitors who register to transact business on the Site and make use of the various services offered by Peak Real Estate Photography (collectively, “Services”) (“Authorized Customers”).
“Personally Identifiable Information”
refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, social security number and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected to an identified individual.
What Personally Identifiable Information is collected?
What organizations are collecting the information?
In addition to our direct collection of information, our third party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect this information from our Visitors and Authorized Customers. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them from Visitors and Authorized Customers. Some of these third parties may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information given to them.
How does the Site use Personally Identifiable Information?
We use Personally Identifiable Information to customize the Site, to make appropriate service offerings, and to fulfill buying and selling requests on the Site. We may email Visitors and Authorized Customers about research or purchase and selling opportunities on the Site or information related to the subject matter of the Site. We may also use Personally Identifiable Information to contact Visitors and Authorized Customers in response to specific inquiries, or to provide requested information.
With whom may the information may be shared?
Personally Identifiable Information about Authorized Customers may be shared with other Authorized Customers who wish to evaluate potential transactions with other Authorized Customers. We may share aggregated information about our Visitors, including the demographics of our Visitors and Authorized Customers, with our affiliated agencies and third party vendors. We also offer the opportunity to “opt out” of receiving information or being contacted by us or by any agency acting on our behalf.
How is Personally Identifiable Information stored?
Personally Identifiable Information collected by Peak Real Estate Photography is securely stored and is not accessible to third parties or employees of Peak Real Estate Photography except for use as indicated above.
What choices are available to Visitors regarding collection, use and distribution of the information?
Visitors and Authorized Customers may opt out of receiving unsolicited information from or being contacted by us and/or our vendors and affiliated agencies by responding to emails as instructed, or by contacting us at [email protected]
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns.
Are Cookies Used on the Site?
Cookies used by our service providers
How does Peak Real Estate Photography use login information?
Peak Real Estate Photography uses login information, including, but not limited to, IP addresses, ISPs, and browser types, to analyze trends, administer the Site, track a user’s movement and use, and gather broad demographic information.
What partners or service providers have access to Personally Identifiable Information from Visitors and/or Authorized Customers on the Site?
How does the Site keep Personally Identifiable Information secure?
All of our employees are familiar with our security policy and practices. The Personally Identifiable Information of our Visitors and Authorized Customers is only accessible to a limited number of qualified employees who are given a password in order to gain access to the information. We audit our security systems and processes on a regular basis. Sensitive information, such as credit card numbers or social security numbers, is protected by encryption protocols, in place to protect information sent over the Internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering, and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Visitors or Authorized Customers for any such occurrences.
This Website uses Google Analytics to collect information about you and your behaviors. If you would like to opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout/.
This Website is intended for use by a general audience and does not offer services to children. Should a child whom we know to be under 18 send personal information to us, we will use that information only to respond to that child to inform him or her that they cannot use this Website.
How can Visitors correct any inaccuracies in Personally Identifiable Information?
Visitors and Authorized Customers may contact us to update Personally Identifiable Information about them or to correct any inaccuracies by emailing us at [email protected]
Can a Visitor delete or deactivate Personally Identifiable Information collected by the Site?
We provide Visitors and Authorized Customers with a mechanism to delete/deactivate Personally Identifiable Information from the Site’s database by contacting. However, because of backups and records of deletions, it may be impossible to delete a Visitor’s entry without retaining some residual information. An individual who requests to have Personally Identifiable Information deactivated will have this information functionally deleted, and we will not sell, transfer, or use Personally Identifiable Information relating to that individual in any way moving forward.
These are summarized rights that you have under data protection law
The right to access
The right to rectification
The right to erasure
The right to restrict processing
The right to object to processing
The right to data portability
The right to complain to a supervisory authority
The right to withdraw consent
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of United States.
The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in United States.
https://peakrealestatephotography.com contains links to other websites. Please note that when you click on one of these links, you are moving to another website. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.
Scheduling and Contact Information