TWIST TOURS SERVICE AGREEMENT
USE OF PHOTOS:
The customer expressly agrees to the terms and conditions of this License and Service Agreement as an inducement and consideration for Twist Tours agreement to photograph, visually record, or otherwise create graphics or other images of the items and/or properties requested by customer (referred to as “Services” and/or “Images”) in exchange for a fee. These terms are subject to change without notice. The parties hereby agree, for good and valuable consideration received, as follows:
Customer agrees to pay Twist Tours/HomeDiary Pro (formerly FloorPlanOnline) in consideration of the services rendered and the license granted below pursuant to this License Agreement.
Grant of License Terms:
- Twist Tours hereby grants to customer a royalty-free license to reproduce, distribute, display, prepare works of, and publicly present the Images in perpetuity.
- This license grant shall include the right to sue for copyright infringement, including without limitation past infringement.
- Customer acknowledges it may not sell, distribute, give away or otherwise exchange the Images provided by and through this Agreement.
Twist Tours and Customer understand and agree that Twist Tours is an independent contractor of customer and nothing in this Agreement shall be construed to create a partnership, or joint venture, between Twist Tours and Customer.
Twist Tours hereby represents and warrants that it owns all right, title, and interest in and to the Images, no third party has any rights in, to, or arising out of the Images, and Twist Tours has full right and power to enter into this Agreement and grant the license. Customer acknowledges that Twist Tours retains all rights, title and ownership to all Images.
Customer agrees that only the Customer has the rights to use the Images and that those rights cannot be transferred to any third party without the express written permission from Twist Tours, including but not limited to a builder, designer, remodeler, or stager of the property photographed. The Customer cannot give away, sell or resell the images to any third party.
Customer agrees that if a third party is interested in obtaining usage rights to the Images, it will direct that third party to Twist Tours at email@example.com for grant of license for fee.
The validity, construction, and enforceability of this Agreement shall be governed in all respects by the laws of the State of Texas. The terms and conditions set forth herein constitute the entire agreement between the parties and shall supersede all prior agreements. This Agreement may not be amended except in writing signed by the respective parties. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
Customer agrees that any claims, losses, expenses, injuries, or damages arising out of or any way related to this Agreement shall not exceed the total compensation paid to and received by Twist Tours from the customer for its services related to the Images under this Agreement.
CANCELLATION / RESCHEDULE POLICY
When you schedule services with us, you are reserving a valuable time slot that will not be available to others. When you cancel or reschedule the same day as your photo shoot, we have to pay our photographers for that reserved time.
While everyone understands the purpose of cancellation fees, and agrees to the terms of service, nobody likes paying them. So we do our very best to keep you apprised about your upcoming appointment with a courtesy email at least 48 hours out – please use that time to check in with your customer.
As soon as you become aware that the property is not ready as scheduled, email firstname.lastname@example.org so we can notify the photographer and either remove it from the schedule or set up a new appointment time. If it is the same day, please call or text 866-648-0022.
Same Day Postpones/Cancellations/Reschedules:
If an appointment is postponed, cancelled or rescheduled the same day as the appointment, or, the photographer arrives at the appointment and cannot photograph it, then you agree to pay a fee of $50 before arrival or $75 after arrival so that we may pay the photographer for their reserved time.
- We are going to work hard to replace the photo shoot, so we can waive the fee and will let you know if we are able to do that
- Twilight appointments can be moved at any time without incurring any fees, unless the photographer arrives at the appointment and is unable to photograph it. After arrival cancellation fees for twilight shoots are $100
- Be sure to check the weather in advance of your appointment. It is your responsibility to reschedule if weather is a concern! We do offer Blue Sky Replacement at no charge on all exterior daytime ground photos. As long as it is not raining hard, we can shoot interiors and exteriors. After you receive the photos, you can then decide if you want to schedule an additional exterior reshoot on a sunny day for a reduced fee of $35 (plus any applicable trip charge) or take advantage of our Blue Sky replacement.
Domains are available for use for 12 months from the date purchased. If you require a domain to be extended past 12 months, it is an additional annual fee to renew. HomeDiary Pro (formerly FloorPlanOnline) sends notifications prior to the expiration.
Trip charges occur for properties approximately 25 miles or more from city center. These charges are added to the base photo shoot cost and are zip code based.
By texting us at our 866-648-0022 number you agree to receive text messages at the number provided. Standard message/data rates apply.
It is the customer’s responsibility to ensure that the property is ready for photography at the arranged time. Photographers reserve the right to terminate the photo shoot if the property is not ready and will cause them to be delayed to their next job. A cancellation after arrival fee of $75 is applicable in this situation.
Twist Tours doesn’t handle any cleaning, dusting, or moving of furniture – liability reasons!
Twist Tours will, at the photographer’s discretion, adjust window coverings or turn on or off lights as deemed necessary to better capture the scene(s) and move small items that may be distracting in the photo. The property must be clean and presentable at the scheduled time of the photo shoot.
The homeowner shall ensure that there are no hazards to the photographer’s safety.
Pets are to be contained or removed from the property for the photography session. Often a friendly dog will be aggressive when someone enters their domain that they don’t know. The photographer reserves the right to terminate the shoot if they feel threatened in any way. The photographer will do everything to ensure pets stay inside, but are not responsible for pets that escape the property during the photography session.
Homeowners should ensure children are supervised and out of the camera’s view
Photographers will do their best that all significant aspects of the property shall be included in the tour unless the condition of said aspect has a negative impact on the tour. This shall be left solely up to the photographer’s discretion, unless specific aspect(s) of the property are specifically requested by the agent or the homeowner.
Once the home has been photographed, the service may not be canceled. The agent will be charged the full price of the package ordered. In addition, the Photographer will not retouch images in order to disguise any known defects and/or physical structures such as cracks in walls or driveways, powerlines, water towers, etc.
All photography, tour, and matterport product will be processed and sent to the customer by 6pm the following day after the photo shoot unless otherwise arranged. Matterport, Floor Plans and Aerial products may take longer.
Twist Tours LLC keeps the copyright protection of all web pages and digital images. Twist Tours LLC reserves the right to use all images for promotion of Twist Tours LLC but not a third party. The original customer who paid for this service, has permission to use these images on any electronic or printed form of advertisement for the promotion of that property. Images cannot be altered after they are in your possession.
Images cannot be sold or given away by one customer to another customer. Failure to pay for the images will result in a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement. Failure to stop using them will result in legal action.