Lumens Alive Terms and Conditions
Intellectual Property Rights
In accordance with prevailing copyright laws, including but not limited to the United States Copyright Act 17 U.S.C. Section 106, Matthew Postak (hereinafter referred to as "The Photographer") expressly retains full copyright ownership of all media, including photographs, video footage, and any other visual representations, produced under the terms of this Agreement.
Grant of Rights to the Client:
Real Estate Usage:
The Client is granted a non-exclusive, non-transferable license to use the delivered media (the "Media") for the sole purpose of marketing the specific real estate property (the "Property") in question. The scope of this license includes, but is not limited to, the use of Media in:
· Real estate listings on various platforms and databases.
· Promotional materials such as brochures, flyers, and email campaigns.
· Digital marketing channels including, but not limited to, the Property's dedicated website, social media pages, and online advertising.
The use of Media is intended exclusively for the promotion of the Property and is not to be used for any other commercial purpose without prior written consent from the Photographer.
Commercial Usage:
For commercial clients, including but not limited to businesses such as Airbnbs, restaurants, architectural firms, hotels, and other commercial entities ("Commercial Clients"), the following rights are granted:
The Commercial Client is hereby granted a non-exclusive, non-transferable license to use the delivered Media for the purposes of advertising, promoting, and documenting the Commercial Client's business and services. This license includes use for:
· Marketing material in both digital and print media.
· Corporate websites and commercial presentations.
· In-house displays and client communications.
· External and internal advertising campaigns.
This license is confined to promotional activities directly related to the Commercial Client's business operations and is not extended to third-party advertising or any form of resale or redistribution of the Media.
Commercial Clients are encouraged to specify the intended use of the Media at the outset to ensure compliance with the terms of this license. Any use beyond the scope described herein must be agreed upon in writing with additional licensing terms negotiated accordingly.
Additionally, the Client is permitted to use the produced media to market their professional services with the sole objective of attracting property sellers. This permission extends to the Client’s personal website and social media accounts, provided they are registered under the Client’s name or their official business name.
Restrictions on Use:
The Client may not, under any circumstances, sell, reproduce, distribute, or transfer the media, or any rights therein, to any third parties without obtaining the express written permission of the Photographer. This restriction also applies to any alterations or derivative works made from the media.
Furthermore, any use of the media for purposes not explicitly granted under this Agreement may only proceed with the express written consent of the Photographer, and may be subject to additional fees.
Credit and Attribution:
While not mandatory, attribution to Matthew Postak is appreciated when the media is used in any public domain or shared on social media platforms.
Real Estate Photography
The prices stipulated under real estate photography and related are applicable solely within the designated service areas of Charlottesville, Crozet, Staunton, Waynesboro, Nellysford, Ruckersville, Scottsville, Gordonsville, Louisa, Orange, Mineral, Lake Anna, Lake Monticello, Palmyra, Fork Union, Columbia, Short Pump, and their immediate vicinities.
Each defined tier encompasses a specified time limit on location. In instances where it is not feasible to photograph the property within the allocated time, the photographer reserves the right, at his discretion and subject to the availability of time, to elect to upgrade to the next tier. Should the time spent on-site exceed the maximum hours prescribed for Tier 3, the service will incur additional charges at a rate of $95 per hour. The time limitations for each tier are as follows:
Tier 1 Light: A maximum of 1 hour
Tier 2 Lumen: A maximum of 2 hours
Tier 3 Lux: A maximum of 3 hours
Lumens Alive reserves the right to impose a travel fee for services rendered outside the specified service area, calculated at a rate of $1 per travel mile from the nearest boundary of the service area.
Turnaround times provided are estimated and not guaranteed. While every effort will be made to deliver the product within the specified time frames, delays may occur due to unforeseen circumstances or during periods of high demand. Clients are advised to inform Matthew Postak of any fixed deadlines prior to the photography session to facilitate proper planning. Assignments that extend beyond Tier 3 may require up to a week for processing, owing to the large number of images captured.
Clients are required to notify all relevant parties prior to the photographer's arrival and to provide all necessary contact information before the photoshoot. Situations in which the photographer deems the property unready for photography or unsafe may result in cancellation of the service, with the client liable for fees associated with time and travel mileage.
The EVERYTHING bundle:
*Properties exceeding the specified limit will incur charges at a rate of 10 cents per square foot over the limit.
**The term 'Twilight' may refer to either a day-to-night conversion or an actual twilight shot, depending on the timing of the appointment and the prevailing conditions.
Commercial Photography
The term “commercial work” encompasses any business-to-business transactions with the exclusion of tasks undertaken solely for the purpose of facilitating the sale of private property. Commencing November 2023, all commercial endeavors will be invoiced on an hourly basis, with a mandatory minimum engagement of two hours. It is pertinent to note that the hourly billing rate is subject to modification at any time. The billable duration commences upon the photographer's arrival at the designated job site address or area of focus and concludes upon his departure therefrom, with the total time rounded up to the hour. The photographer is obligated to remain actively engaged in the task until the completion of the requested work or until such time as the client elects to dismiss the photographer.
Quotes:
Price quotations provided for commercial photography are derived from temporal estimates based on the information made available to the photographer at the time of inquiry. These quotations maintain their validity for a period of two months from the date of issuance. In circumstances where inaccuracies in the provided project scope lead to errors in the quoted amount, the following remedial procedures shall be implemented:
Should the actual time expended on the project fall short of the quoted duration, a discretionary reduction of up to one hour may be applied.
In the event that the project’s duration extends beyond the originally quoted time, the photographer reserves the right to remain on-site until the completion of the project, with the additional time incurred subsequently added to the initial quote. The photographer is not obligated to proactively inform the client or any other parties that the quoted time has been surpassed. The onus lies with the client to dismiss the photographer at their discretion.
If the project’s duration exceeds the quoted time and the photographer is faced with a scheduling conflict, necessitating a return to the site at a later date to finalize the project, the photographer will impose a travel fee. This fee will be equivalent to up to two billable hours, contingent upon the distance from Charlottesville Virginia.
By implementing these practices, we aim to maintain transparency in our billing procedures and ensure that our clients are adequately informed and prepared for any potential variances in project duration and associated costs.
Limitation of Liability
General Limitation:
To the fullest extent permitted by applicable law, Matthew Postak (hereinafter referred to as "The Photographer") shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to the services provided under this Agreement, even if the Photographer has been advised of the possibility of such damages.
Specific Limitations:
Quality of Service: While the Photographer endeavors to deliver high-quality images and services, the Client acknowledges that photography is a subjective art, and the Photographer does not guarantee that the images will meet the Client’s personal taste or preferences.
Delivery of Services: The Photographer shall not be liable for any delays in the delivery of services or images due to unforeseen circumstances or events beyond the Photographer’s control, including but not limited to, weather conditions, technical failures, or equipment malfunctions.
Use of Images: The Photographer shall not be liable for any claims, damages, or liabilities arising from the Client’s use of the images, including but not limited to, claims of infringement, defamation, or violation of privacy rights.
Property Damage: The Photographer shall not be liable for any damage to or loss of property that may occur during the course of the photography session, except in cases of gross negligence or willful misconduct by the Photographer.
Personal Injury: The Photographer shall not be liable for any personal injury that may occur during the course of the photography session, except in cases of gross negligence or willful misconduct by the Photographer.
Maximum Liability:
Notwithstanding any other provision of this Agreement, the total liability of the Photographer, whether in contract, tort, or otherwise, arising out of or related to the services provided under this Agreement, shall not exceed the total amount paid by the Client to the Photographer under this Agreement.
Payment Terms
Payment Method:
All payments for services rendered by Matthew Postak (hereinafter referred to as "The Photographer") are to be made via credit card. The Photographer ensures that all credit card transactions will be securely processed, and any personal information will be kept confidential.
Preview and Access to Images:
Upon completion of the photography session and processing of the images, the Client will be provided with access to a secure online gallery to view small preview images of the work. However, the Client understands and agrees that the ability to download high-resolution versions of the images will only be enabled once full payment for the services has been received.
Payment Deadline:
Payment for services provided is due within thirty (30) days from the date of the invoice, which will be issued upon completion of the photography session. The Client is responsible for ensuring timely payment to avoid any disruptions in accessing the final images.
Late Payment:
In the event that payment is not received within the stipulated thirty (30) day period, a late fee of 5% of the outstanding balance may be applied for each month, or portion thereof, that the balance remains unpaid.
Cancellation Policy:
Cancellations must be made not later than forty-eight (48) hours before the scheduled photography session to avoid incurring any fees. If the Client cancels the session less than forty-eight (48) hours before the scheduled time, a cancellation fee equivalent to fifty percent (50%) of the cost of the scheduled shoot will be charged. This fee compensates the Photographer for the time reserved and any preparations made for the session.
Refunds:
Once a photography session has been completed and the images have been delivered to the online gallery, no refunds will be issued, except in exceptional circumstances at the sole discretion of Matthew Postak, owner of Lumens Alive.
Image Delivery and Revisions
Image Delivery:
Images from the photography session will be delivered to the Client within thirty (30) days via a secure online gallery, accessible upon full payment. The Photographer is not liable for delays beyond their control but will communicate any anticipated delays promptly.
Image Revisions:
The Client may request up to three (3) revisions per image within fourteen (14) days of image delivery, covering adjustments like exposure, color balance, and minor retouching. Extensive alterations may incur additional fees. Revision completion is typically within fourteen (7) days from the request.
Final Acceptance:
If no revision requests are made within the fourteen (14) day period, the images will be considered accepted by the Client, concluding the Photographer’s obligations.
Confidentiality Agreement
Purpose:
The purpose of this Confidentiality Agreement is to protect the sensitive information and proprietary details related to specific photography projects undertaken by Matthew Postak (hereinafter referred to as "The Photographer") for the Client.
Definition of Confidential Information:
Confidential Information refers to any non-public information, including but not limited to, trade secrets, business plans, strategies, client lists, project details, and any other information that is disclosed by the Client to the Photographer in relation to the photography services provided.
Obligations of Confidentiality:
Non-Disclosure: The Photographer agrees to hold all Confidential Information in strict confidence and to take all necessary precautions to prevent unauthorized access, use, or disclosure of the Confidential Information.
Limited Use: The Confidential Information shall only be used for the purpose of performing the photography services and fulfilling the obligations under this Agreement.
Non-Circumvention: The Photographer shall not use the Confidential Information for their own benefit, or disclose, sell, license, or otherwise make the Confidential Information available to third parties without the prior written consent of the Client.
Exceptions:
The obligations of confidentiality shall not apply to information that:
Is or becomes publicly available through no fault of the Photographer.
Is already in the possession of the Photographer without restriction in relation to disclosure before the date of receipt from the Client.
Is independently developed by the Photographer without reference to the Confidential Information.
Duration:
The confidentiality obligations under this Agreement shall remain in effect for a period of two (2) years from the date of disclosure of the Confidential Information.
Return or Destruction of Confidential Information:
Upon completion of the photography services, or at the Client’s request, the Photographer shall promptly return or destroy all copies of the Confidential Information in their possession.
Client Responsibilities
Preparation of Property:
Preparation Document: The Client is strongly encouraged to consult and adhere to the “Photoshoot Prep List” provided by Matthew Postak (hereinafter referred to as "The Photographer"). This document contains crucial guidelines and recommendations to ensure the property is adequately prepared for the photography session.
Ensuring Readiness: The Client is responsible for ensuring that the property is in a presentable and photogenic state prior to the Photographer’s arrival.
Notification and Access:
Informing Relevant Parties: The Client must notify all parties involved with the property, including but not limited to homeowners, tenants, and property managers, of the Photographer’s scheduled arrival and the nature of the work to be conducted. Failure to notify all parties may result in cancellation of the photographer session where the photographer may charge a fee up to but not exceeding the price of the photography session invoiced.
Granting Access: The Client is responsible for ensuring that the Photographer is granted sufficient access to the property and any related community areas. This includes ensuring that any necessary permissions or clearances are obtained prior to the photography session.
Cooperation and Assistance:
The Client shall provide all reasonable cooperation and assistance to the Photographer during the photography session to facilitate the capture of high-quality images. This includes, but is not limited to, addressing any inquiries from the Photographer regarding the property and assisting in the resolution of any access issues that may arise.
Governing Law and Dispute Resolution
Governing Law:
This Agreement and any dispute arising out of or related to this Agreement or the services provided by Matthew Postak (hereinafter referred to as "The Photographer") shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles.
Dispute Resolution:
Good Faith Negotiation: In the event of a dispute, the parties agree to first attempt to resolve the matter through good faith negotiations. Each party shall designate a representative to participate in such negotiations with the authority to settle the dispute.
Arbitration:
If the parties are unable to resolve the dispute through negotiation within thirty (30) days, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
The arbitration shall take place in Virginia, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Each party shall bear their own costs and expenses associated with the arbitration, and the parties shall share equally the fees and expenses of the arbitrator(s).
The arbitrator(s) shall have no authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages.
Exclusions:
Notwithstanding the above, the Photographer may seek injunctive relief or other equitable remedies in any court of competent jurisdiction in the event of an actual or threatened violation of intellectual property rights or breach of confidentiality obligations.
Agreement Acknowledgment and Acceptance:
Online Scheduling (Clickwrap): By scheduling a photography session through the online scheduling system provided by Matthew Postak (hereinafter referred to as "The Photographer"), the Client explicitly acknowledges having read, understood, and agreed to be bound by the terms and conditions of this Agreement.
Webpage Browsing (Browsewrap): Continued use of The Photographer’s website by the Client constitutes an implicit acceptance of this Agreement's terms and conditions, even in the absence of a formal click to accept.
Email Notifications: Any confirmations, notifications, or correspondence sent via email in relation to photography services shall also serve as a reminder of this Agreement’s applicability, and the Client’s continued engagement with The Photographer following such communications shall be deemed as acceptance of these terms.
Entire Agreement:
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written. This Agreement may only be amended in writing and signed by both parties.
Severability:
If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect, and the invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the intent of the original provision.
No Waiver:
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Binding Effect:
This Agreement shall be binding upon and inure to the benefit of the respective parties hereto, their successors, and assigns.