Terms & Conditions

Purpose of the Agreement

For the purpose of this Agreement, Client will be referred to as the listing agent, brokerage, brokerage representative, property owner or property manager involved in requesting real estate media services from BOLD Media & Content, LLC. Provider will be referred to as any representative from BOLD Media & Content, LLC that renders real estate media services to any  listing agent, brokerage, brokerage representative, property owner or property manager.

Property Preparation & Provider Arrival


Property Preparation. Client agrees to have property fully cleaned and session ready according to BOLD Media’s Property Preparation Guidelines. Provider reserves the right to not perform services ordered by Client if property does not abide by BOLD Media’s Property Preparation Guidelines.


If Provider fulfills services despite the condition of the property, then Client may be subject to additional fees in editing services per Client’s editing requests (i.e. item removal, room clearing).


Provider Arrival. Client agrees to give Provider a 30-minute grace period from the slated start time of a session to arrive at property.


Delivery of Services and Payment

Delivery of Services. Client agrees that Provider will deliver edited photo content to Client by 6PM one (1) Calendar day following a session and will deliver edited video content to Client by 6PM two (2) Calendar days following a session.

Additional edits that Client requests after edited content is sent to Client are subject to additional charges. 

Payment. Client agrees to fulfill payment for services in full prior to the delivery of edited content. Client acknowledges that content will not be delivered by Provider until final payment is received.



Cancellation, Rescheduling and No-Shows

Cancellation. Client is subject to a $200 cancellation fee for same-day cancellations submitted on the same Calendar day of the slated session. Client is subject to a $100 cancellation fee for cancellations submitted 1 Calendar day before the slated session day. 

Client must submit a written cancellation notice via Provider's email or via text message for a cancellation to be valid.

Client will not be charged a cancellation fee if a cancellation is submitted 2 Calendar days before a session’s slated Calendar day.

Rescheduling. Client is subject to a $100 rescheduling fee for submitting same-day rescheduling requests on the same Calendar day of the slated session. Client is subject to a $50 rescheduling fee for rescheduling requests submitted 1 Calendar day before the slated session day. 

Client must submit a written rescheduling request notice via Provider's email or via text message for a rescheduling request to be valid.

Client will not be charged a rescheduling fee if a rescheduling request is submitted 2 Calendar days before a session’s slated Calendar day.

No-Show. A no-show is defined as any occurrence when Provider arrives on site at a session but is not able to perform services requested due to the Client not submitting a written cancellation or rescheduling notice prior to the Provider arriving on site, if the Client is not able to grant Provider access to the property while on site and if Provider waits more than 30 minutes from the slated session start time to conduct the session.

The Provider reserves the right to leave a session after 30 minutes of the slated session start time if the Client is not able to allow Provider to conduct a session.

The Client is subject to a no-show fee equal to the Total Cost of Services ordered. 

 

Exclusivity

Exclusivity. Client understands and agrees that they have hired Provider exclusively of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Provider hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

 

Intellectual Property

Copyright Ownership.  In the event that any copyrighted work(s) are created as a result of the Services provided by Provider in accordance with this Agreement, Provider owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of Provider business.

Permitted Uses of Product(s). Provider grants to Client a non-exclusive license of product(s) produced with and for Client for professional use only so long as Client provides Provider with attribution each time Client uses Provider's property. Professional use includes use within the following contexts:

  1. Posts on Client’s personal and/or professional social media pages and profiles; or

  2. On MLS Listing websites, Real Estate Listing websites (e.g. Zillow), or dedicated real estate website; or

  3. For Marketing Collateral that serves the purpose of selling a property.

 

Media Release

Style. Client has spent a satisfactory amount of time reviewing Provider's work and has a reasonable expectation that Provider will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

Consistency. Provider will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Provider's current portfolio and Provider will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

  1. Provider will use their professional judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;

  2. Although Provider will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Provider shall have final say regarding the aesthetic judgment and quality of the Services;

  3. Dissatisfaction with Provider's aesthetic judgment or professional ability are not valid reasons for termination of this Agreement or request of any monies returned.


Limit of Liability

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services per order provided by Provider.

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Provider shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

Indemnification. Client agrees to indemnify, defend and hold harmless Provider and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Provider provides to Client.

Unauthorized Reproduction. Client agrees not to reproduce or modify the images provided by Provider without first obtaining a formal written release signed by Provider via email. Should Provider discover any violations to this agreement, Client agrees to be held financially responsible at a rate of $500 per violation.

 

Impossibility

Failure to Perform Services. In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement due to Provider’s error, Provider will:

  1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

  2. Attempt to find another competent professional to take its place with the mutual agreement of Client(s);

  3. If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Provider Company will issue a refund or credit based on a reasonably accurate percentage of services rendered; and

  4. Excuse Client(s) of any further performance and/or payment obligations in this Agreement.

 

Appropriate Conduct/ Safe Working Environment:

Project. Client expressly agree(s) to take best efforts to provide Provider and Provider’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either Provider or a bystander to present a threat or implied threat of injury or harm to Provider staff or equipment, the Provider reserves the right to cancel all services remaining under this Agreement and leave the event. At the Provider’s discretion, the Provider may enact a three-strike policy. After the first offense, the Provider will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), Provider shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the event. If the behavior occurs a third time, the Provider will immediately leave the event. If the Provider leaves the event early due to any offending behavior, the Client(s) expressly agree to relieve and hold Provider harmless as a result of incomplete event coverage, or for a lapse in the quality of the Provider’s work, and the Client(s) shall be responsible for payment in full. 

 

Non Project. The Client(s) expressly agree(s) to take best efforts to provide Provider and Provider’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to Provider staff, Provider will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, Provider shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold Provider harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the Provider’s work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether Provider resumes work detailed in this Agreement.

 

Health & Safety. Client(s) further understand that Provider complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the session Client(s) and Client(s)’ agents shall not carry weapons or firearms, be exposed to severe illness, or request the [Provider] to do anything illegal or unsafe. Further, Provider will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, Provider reserves the right to end service coverage immediately and/or leave the session. Provider shall be entitled to retain all monies paid and Client(s) agree to relieve and hold Provider harmless as a result of incomplete event coverage, or for a lapse in the quality of the Provider’s work.

 


General Provisions

Governing Law. The laws of New Jersey govern all matters arising out of or relating to this Agreement, including torts.

Client accepts sole financial responsibility for any legal fees or related costs incurred by Provider in enforcing the terms of this real estate media Agreement Any failure by one or both parties to uphold or enforce a provision of this contract shall not constitute a waiver of any other provision of this contract.


Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.