contract - Amazing 3D Tours

Transcription

contract - Amazing 3D Tours
Amazing 3D Tours Standard Agreement
This agreement is between __________________________________________________
(hereinafter referred to as “CLIENT”), and Company 19 LLC, a Texas Limited Liability
Corporation, doing business as Amazing3DTours.com (hereinafter referred to as “C19”). C19 is
an independent contractor and is not an employee or agent of the CLIENT.
This contract is for the following: ❐ 3-D imaging ❐ still photographs
(hereinafter referred to as the “PRODUCT”)
❐ 2-D floor plan
Of the real and/or personal property located at:
_________________________________________________________ Zip: _____________
(hereinafter referred to as the “PROPERTY”)
The approximate interior square footage of the PROPERTY is:
_______________ sq. feet
Appointment Day and Time: __________________________________________
C19 ❐ may ❐ may not use the PRODUCT(s) created as examples in its marketing
❐ I have read the FAQ at www.Amazing3DTours.com
Title to show on opening screen (ex: 123 Main Street or Majestic Hotel, Austin TX):
______________________________________________________
Amazing 3D Tours Services
3D Matterport model, Dollhouse & 3D Floor Plan with 1 year hosting included
$ _________
Additional years of pre-paid hosting ____ @ $49.00
$ _________
2-D floor plan (ideal for brochures, etc) created from 3D floor plan
$ _________
Travel, parking fees, tolls or other reasonable fees agreed upon
$ _________
Still Photos (# of finished photos to be provided: ______ )
$ _________
Other special services: __________________________________________
$ _________
CONTRACTED SUBTOTAL
$ _________
Less Advance Deposit
$ _________
TOTAL DUE upon completion of scans/photography/video
$ _________
Terms:
1) A deposit or credit card authorization may be required when the appointment is confirmed.
The full balance is due upon completion of principal photography and prior to delivery of your
unique linking codes.
Payment: ❐ Credit Card
❐ PayPal
❐ Check/M.O.
❐ Cash
Credit Card # ________________________________ Exp: ____ / _____ CVV: _______
Credit cards are processed via Square. Checks should be payable to “Company 19 LLC” and
mailed to Company 19 LLC, PO Box 1109, Buda TX 78610.
PayPal payments should be sent to [email protected]
2) The full deposit will be forfeited if the Client cancels the appointment, no-shows or access to
the PROPERTY is not available at the scheduled time without giving at least 24 hours advance
notice.
3) The Client shall assist and cooperate with C19, including but not limited to specifying any
special locations to be photographed, and taking time to prepare the PROPERTY so that it is
clean and uncluttered. Pets, small children and other potentially moving persons or objects
should be removed from the interior of the PROPERTY or placed in a separate closed off room.
The CLIENT and his/her family may be present during filming, but they must remain out of
view of the camera and any windows and mirrors. In the absence of specific prior instructions,
C19 shall use its professional opinion and discretion to compose, stage and create the finished
product.
4) Client hereby grants permission to C19, it’s employees, affiliates and assigns, the right to
photograph and/or film the PROPERTY. Client warrants and represents that it has the right to
grant such permission. The undersigned does hereby indemnify and agree to hold C19, its
employees, affiliates and assigns harmless from any and all loss, costs, liability, damages or
claims of any nature, including but not limited to attorney’s fees, arising from or growing out of,
or concerning a breach of the above warranty. 5) 3-D imaging (which includes the walk-through, dollhouse views and 3D floor plans) is hosted
on a third party site owned by the camera company. There is not an option to host them
elsewhere at this time. CLIENT may request in writing that any 3-D imaging products be
removed from the third party hosting site by C19 at any time. C19 will remove it within 24 hours
of receiving am authorized written request to do so. There are no refunds, in whole or part, for
early removal. In the absence of an early removal request, 3-D products will be hosted for the
contracted time specified in item 1 above. 6) Client agrees and understands that links to 3-D trough, images and any other video created
will be publicly available on the internet throughout the world when used in connection with
selling or promoting the PROPERTY. Any personal items, such as family photos, expensive
artwork, jewelry or other personal property that the CLIENT does not want to be seen by the
public should be removed from view prior to C19’s arrival. Upon commencement of the shoot,
CLIENT warrants and hereby represents that ALL items of personal and real property present
within the PROPERTY, as well as exterior areas visible through open windows or doors, are
expressly granted permission by CLIENT to be appear in the final product. The undersigned
does hereby indemnify and agree to hold C19 harmless from any and all loss, costs, liability,
damages or claims of any nature, including but not limited to attorney’s fees, arising from or
growing out of, or concerning a breach of this warranty. 7) C19 only creates 3-D imaging of interior spaces. Exteriors are generally not included in the 3D service, although they may be visible through open windows or doors. If still images services
are included in this agreement, they may include interior and exterior photographs, at the
CLIENT’s discretion. In the absence of specific instructions from the CLIENT, C19 will create a
mix of interior and exterior photographs of what C19 deems to be the most prominent features
and views of the PROPERTY. 8) Unless specified otherwise, C19 retains copyright of the 3-D imaging, video and photographs.
C19 hereby grants the CLIENT and its agent the unlimited and non-exclusive rights to use and
promote the 3-D imaging, photographs and/or video for the purposes of marketing the
PROPERTY for rent, lease or sale. Other use, including but not limited to: marketing material
for a broker, real estate agent or subagent (ex: business cards, web site banners), builder,
architect, designer, or stager, is prohibited without first obtaining written permission in advance
from C19. 9) C19 will 3-D scan the PROPERTY from the viewpoint of a person walking through the
PROPERTY. Plan to allow at least 45 minutes per 1,000 square feet once the scanning process
begins. It will take longer if people or pets are present during scanning and are constantly
entering the view of the camera as it moves through the PROPERTY. C19 reserves the right to
charge an additional $25.00 per 15 minutes if the interference of people or pets becomes
excessive. 10) Some areas of the PROPERTY may show as “black areas” on the final dollhouse or floor
plan view (but not in the walk through view!). This is normal, as these are areas the scanner
cannot see and a human cannot see when walking through the PROPERTY (such as inside a
column, behind a chair in the corner or inside a small closet). Small non walk-in closets and very
small storage spaces, pantries, residential garages and attics are not typically included in the
scans. As a viewer walks through the finished 3-D model, they may see a very small blurred area
in the middle of the scan if they pan all the way down to the bottom. The blur is created by the
camera in order to block the legs of the tripod from view. C19 cannot remove it. We work hard
to avoid it, but in some tight spaces that are full of mirrors, the camera may be visible at times in
the PRODUCT. It is not possible to “Photoshop” or “retouch” out camera selfies at this time.
There are nine cameras inside the scanner using HDR and infrared lenses. It will create an image
that is representative of what it sees in the lighting conditions present. Although everything
usually looks great, C19 cannot guarantee an exact color match. 11) Delivery via email of a link to the 3D Walk Through, Dollhouse View, Layout View of the
PROPERTY is provided within one business day. Delivery of photographs, if that option is
selected in #1 above, are provided within one business day. If the option is selected, delivery of
2-dimensional black & white floor plans are made in three business days.
All links & digital assets of the finished PRODUCT will be sent to:
Name:
Email Address:
_________________________
___________________ @ ___________________
_________________________
___________________ @ ___________________
_________________________
___________________ @ ___________________
12) C19 makes no warranties or guarantee on the success or sales from the PRODUCT. 13) Governing Law/Consent to Jurisdiction. The Parties hereto agree and intend that this
Agreement shall be deemed to have been executed and delivered in the State of Texas, USA, and
shall be governed by, construed, and enforced in accordance with the laws of the State of Texas,
without regard to any conflicts of law principles thereof that would require the application of the
laws of any other state or jurisdiction. The Parties hereby consent to the exclusive jurisdiction of
the state and federal courts located in Travis County, Texas with respect to all issues,
interpretations or disputes arising under or related to the subject matter of this Agreement. 14) Entire Agreement. This Agreement, including any Exhibits attached hereto, contains the
entire understanding of the Parties hereto and supersedes any and all contemporaneous and prior
understandings of the Parties, whether written or oral, relating to the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the _______
day of ____________________, 20 ______.
__________________________________
__________________________________
CLIENT signature
C19 representative signature
__________________________________
__________________________________
CLIENT printed name
C19 printed name
Amazing3DTours.com • PO Box 1109, Buda, TX 78610
Phone: 512-400-6257 • Email: [email protected]