Terms of Service.

WalkthruPhoto Terms of Service:

1.       Charges:

1.1.     By placing an order the customer accepts all of the charges outlined in this document and on the order form as selected.

1.2.     It is the responsibility of the customer to be familiar with the WalkthruPhoto style, content, and composition before placing an order. Refunds will not be given for not liking the WalkthruPhoto style, content, and composition.

1.3.     It is the responsibility of the customer of payment for all services and charges.

2.       Ordering:

2.1.     It is the responsibility of the customer to ensure all information is correct, including but not limited to: address, combo, who to contact to schedule, square footage, title header, house description, and instructions. If this information is not correct in some way, the customer will be asked to resubmit the order correctly. If the address is incorrect and not corrected before the shoot, the customer accepts the full charge for the shoot and either a drive fee charge to the correct house and or a delay in the shoot.

2.2.     It is the responsibility of the customer to request any and all specific shots and unfinished spaces they would like us to take photos of.

2.3.     It is the responsibility of the customer to select the correct package(s) they desire.

2.4.     “Next Available Day” is defined by no more than two to three business days later.  If the order is placed on Monday, “next available day” would apply to Wednesday, if placed on Tuesday it would be Thursday,  if placed on Thursday it would be Monday, etc. This does not mean it will not be done sooner, but scheduling is done two days in advance. Unless there is an opening, most orders will be completed in two business days.

2.5.     By selecting, “Next Available Day” to schedule and “Vacant (Just Go)” in the contact area, the customer is signifying that the property is ready for immediate shooting and can be shot that day as soon as the order is placed or any day following unless otherwise noted in the instructions section.

2.6.     Guaranteed Time Ranges must be a minimum of one hour.

2.7.     Guaranteed Times must be within 8:30am and 4pm.

3.       Drive Fee:

3.1.     Note: These areas do not normally incur drive fees: Schenectady, Albany, Troy, Saratoga Springs, and their close neighbors in between.

3.2.     WalkthruPhoto makes its routes based off efficiency unless a guaranteed time/range is ordered.

3.3.     A drive fee is incurred if the round trip (to and from) the shoot exceeds 30 minutes round trip. Drive fee to/from locations are calculated based off either: Union College, NY or the next closest shoot in the day.

3.3.1.  Drive fees are measured in 15 minute increments rounded up.

3.3.2.  For each increment past the first 30 minutes, you will be charged $10.

3.3.3.  Only Union College, NY may be used as both to and from locations for a shoot.

4.       Scheduling:

4.1.     Scheduling is done between 4pm and 6pm Monday through Friday and Sunday.

4.2.     Confirmation of the time must be received orally or in writing by 3pm the day before the scheduled shoot or the shoot is considered not scheduled and the time forfeit.

4.3.     A maximum of one hour window will be given to schedule.

4.3.1.  Your photographer will arrive sometime between the time frame given,

4.4.     No time frame will be given for “Vacant (Just Go)” except upon request in writing at the time of ordering.

4.5.     We do not schedule around the weather unless there is a declared emergency.

4.5.1.  The contact to schedule can decline any offered day/time for reasons related to the weather, but requests for “the next sunny day” or the like will not be honored, but just put in for the next available day or otherwise noted day by the contact.

4.5.2.  The customer, agent, or homeowner can always cancel if they do not like the weather or for any other reason.

5.       Cancellation Policy:

5.1.     If the photographer/WalkthruPhoto cancels the shoot, there is no charge.

5.2.     It is the sole discretion of WalkthruPhoto to cancel on account of weather.

5.3.     All cancellation fees are cumulative if multiple packages were scheduled.

5.4.     If a shoot is cancelled at the time of arrival, all charges will be incurred as if the shoot still occurred.

5.5.     A shoot is considered scheduled if the photographer received oral or written confirmation of the time/time frame.

5.6.     A shoot is considered cancelled under the following circumstances:

5.6.1.  Oral or written rescheduling by the point of contact or the customer.

5.6.2.  Cancellation of order by the customer.

5.7.     If a basic shoot is cancelled within 24hrs of the start of the scheduled time, a $30 cancelation fee will be charged.

5.8.     If a standard shoot is cancelled within 24hrs of the start of the scheduled time, a $50 cancellation fee will be charged.

5.9.     If a Premium shoot is cancelled within 24hrs of the start of the scheduled time, a $75 cancellation fee will be charged.

5.10. Guaranteed Time/Time Frames are non-refundable and will still be charged so long as the time had been confirmed once by our point of contact to schedule orally or in writing.

5.11. Guaranteed Off-Shoot Days are non-refundable and will still be charged so long as the time had been confirmed once by our point of contact to schedule orally or in writing.

5.12. Drive Fees are non-refundable if cancelled within 24hrs of the start of the scheduled time.

5.13. If an Aerial Stills shoot is cancelled within 24hrs of the start of the scheduled time, a $35 cancellation fee will be charged.

5.14. If an Aerial Video shoot is cancelled within 24hrs of the start of the scheduled time, a $60 cancellation fee will be charged.

5.15. If an Aerial Stills and Video shoot is cancelled within 24hrs of the start of the scheduled time, a $75 cancellation fee will be charged.

5.16. If a 3D shoot is cancelled within 24hrs of the start of the scheduled time, a cancellation fee equal to 50% of the shoot will be charged.

6.       Staging:

6.1.     The photographer and WalkthruPhoto are not responsible for any staging of the home/property.

6.2.     If a Premium quality shoot was selected, the photographer will suggest things moved, but will not move or touch anything themselves.

6.3.     Photos will be taken “as is” on the day of the shoot.

6.4.     All staging must be completed before arrival. The photographer is not expected to wait.

7.       Photos:

7.1.     All photos are guaranteed within 24hrs after the later end of the scheduled time.

7.2.     All photos will be accessible for one year. You may have the photos reuploaded for a $5 administration and hosting fee for another year.

7.3.     The photographer will take any shots asked of them, even if they recommend against it.

7.3.1.  The photographer will abide by MLS guidelines when it comes to editing of photos unless expressly asked for otherwise by the customer in email.

7.4.     The photographer will not take any shots asked of them, even if they recommend against it.

7.4.1.  Home owners, tenants, agents, brokers, and/or residents may all ask to not shoot anything they choose.

7.4.2.  The photographer will not return to shoot any areas previously asked not to shoot without a new order.

7.4.3.  No discounts will be given for not shooting something.

7.5.     All ground level still photos include up to 40 photos for the package price. However, the photographer does not count how many photos they take during the shoot. They take photos until the photographer and anyone present feel like everything has been taken.

7.5.1.  It is assumed that unfinished spaces like basements, garages, and sheds do not require interior photos. The same is assumed for detail shots of things like the electrical panel, furnace, boiler, solar, geothermal, etc. The photographer will by default recommend not shooting these spaces and detail shots.

7.5.2.  The photographer will take photos of any and all finished spaces. If a space(s) is missed, the photographer will go back to shoot the space(s), free of charge, if it was reasonably noticeable or was expressly asked to do so. However, if it is found that the space(s) was unreasonably finished to qualify for shooting or was not reasonably noticeable, an updated fee will be charged for shooting the space(s).

7.5.3.  All photos over 40 are put into groups of 10 photos rounded up. Pricing for each additional group is as follows:

7.5.3.1.  Basic packages price is $10 per group

7.5.3.2.  Standard packages price is $15 per group.

7.5.3.3.  Premium packages price is $20 per group.

7.6.     WalkthruPhoto budgets 20min per Basic shoot, 30min per Standard shoot, and 45min per Premium shoot.

7.6.1.  If the shoot runs over time due to circumstances outside of the photographer’s control, such as the house not being ready to shoot, the photographer reserves the right to leave after the allotted time. The photographer is not expected to wait.

7.6.2.  If the photographer stays longer, the customer will be charged either what they ordered plus all additional charges or $250/hr whichever is higher.

7.7.     Basic Quality Photos:

7.7.1.  Defined by: Eye level (5.5-6ft), template editing of color, light, exposure, etc. No further editing is guaranteed at this level.

7.7.2.  If the customer wishes further editing, they must resubmit a new order at the Standard or Premium Quality and accepts the full charge of the new order.

7.7.3.  The following are considered photographer errors and will be corrected or reshot as needed: poor focus, lens flare, extremely skewed or unlevel, extremely dark/bright, visible advertising.

7.8.     Standard Quality Photos:

7.8.1.  Defined by: Tripod level (4-5ft), hand editing of photos for color, brightness, and straightness.

7.8.2.  If the customer wishes further editing, they must email their photographer with the exact photos they wish edited and descriptively explain how they want them changed.

7.8.3.  Requests for edits are guaranteed up to 3 times past the initial editing.

7.8.3.1.  Editing after the third post shoot request is an additional $50 per request.

7.8.3.2.  Initial requests for edits must be submitted within 7 days of receipt of photos.

7.8.4.  The following are considered photographer errors and will be corrected or reshot as needed: poor focus, lens flare, skewed or unlevel, dark/bright, visible advertising, color imbalance.

7.9.     Premium Quality Photos:

7.9.1.  Defined by: Tripod level (4-5ft), hand editing of pictures for color, brightness, straightness, additional lighting, some staging, more photo resolution options.

7.9.2.  If the customer wishes further editing, they must email their photographer with the exact photos they wish edited and descriptively explain how they want them changed.

7.9.3.  Requests for edits are guaranteed up to 3 times past the initial editing. Editing after the third post shoot request is an additional $50 per request.

7.9.4.  The following are considered photographer errors and will be corrected or reshot as needed: poor focus, lens flare, skewed or unlevel, dark/bright, visible advertising, color imbalance.

8.       Aerial Photos and Video:

8.1.     In the event of inclement weather(rain, winds, snow, fog) prohibiting drone flying, the point of contact will have the opportunity to reschedule the drone shoot free of charge.

8.2.     Not all homes may have drone photography due to FAA regulations. WalkthruPhoto will let the point of contact know if the drone can or cannot be done at the address.

8.3.     It is up to the sole discretion of the Remote-Person-In-Charge (Remote PIC) on site if it is safe to fly or not.

8.4.     Aerial Photos include 5-30 photos. However, the photographer does not count how many photos they take during the shoot. They take photos until the photographer and anyone present during the shoot feel like everything has been taken.

8.4.1.  All photos over 30 are put into groups of 10 photos. Each additional group is $25.

8.5.     Aerial Video is unlimited except if it takes longer than 30 minutes to record the entire property.

8.5.1.  Every additional 15 minutes (rounded up) the drone operator is there is an additional $50.

8.6.     The following are considered photographer errors and will be corrected or reshot as needed: poor focus, lens flare, skewed or unlevel, dark/bright, color imbalance.

9.       3Ds/ Matterport:

9.1.     The photographer will scan all finished spaces as per requested on the order form.

9.1.1.  Finished basements and other finished non-above-ground square footage spaces will only be scanned upon request on the order or afterwards in writing.

9.2.     Exterior scans/360s will only be done if weather conditions allow. It is up to the sole discretion of the photographer on site if it is safe for the equipment to take exterior scans/360s.

9.3.     Unfinished spaces will only be scanned as expressly indicated in email or order instructions or per order.

9.3.1.  If your unfinished space is not included in our order form, please just include it with the unfished basement and let us know in the instructions that you did and where the unfinished space is.

9.4.     3Ds/Matterports are guaranteed to be hosted for 3 months after being uploaded.

9.4.1.  Hosting extensions are $5/month.

9.5.     WalkthruPhoto budgets time based on the square footage, order details, and instructions.

9.5.1.  If the shoot runs over time due to circumstances outside of the photographer’s control, such as if the house is not ready to shoot, the photographer reserves the right to leave after the allotted time.

9.5.2.  If the shoot takes longer, the customer will be charged either of the following:

9.5.2.1.  Actual square footage is within 1000sqft of listed amount: Actual square footage charged, order updated to reflect actual square footage.

9.5.2.2.  Actual square footage is 1000sqft or over: Actual square footage charged, order updated to reflect actual square footage plus $250/hr.

9.5.3.  Actual charges for 3Ds/Matterport will never be less than what was listed by the customer.

9.5.3.1.  We will not reduce original agreed upon pricing because room(s) were chosen not to be scanned.

10.    Photography Copyright:

10.1. All rights not specifically granted remain with Photographer.

10.2. The customer purchases the license to use the photos/3Ds/Matterport/Aerials under the following guidelines:

10.2.1.      To use them to the market the listing until it is sold, rented, or expired.

10.2.2.      To use them to market the customer so long as WalkthruPhoto is mentioned by name.

10.3. The customer is not granted rights to distribute the photos/3Ds/Matterport/Aerials to third parties in exchange for a good and/or service.

10.4. The customer may not sell the photos/3Ds/Matterport/Aerials to their client, coworker, other realtor, etc.

10.5. Photos/3Ds/Matterport/Aerials may be relicensed for 90% of the original price.