1. Agreement to Terms of Service

By executing an Agreement that references the Terms of Service (including, but not limited to, placing an order online or through the mobile app with AA), Client agrees that the Terms and Conditions will apply to any services and/or products to be delivered by AA under such Agreement.

2. Placing an Order/Scheduling

All orders for real estate media, short-term rental media, or long-term rental media must be placed through AA’s official website or mobile app. Once the order is placed, a team member from AA will confirm and schedule the appointment by the end of the day that the order is placed. AA does not pencil in or otherwise hold appointments. All appointments are scheduled on a first-come, first-served basis.

3. Payment, Invoicing & Refunds

i. Payment: A $100 deposit is required for all real estate media shoots at the time of booking with the exception of custom quoted packages. The remaining balance is due the day that the initial media is delivered regardless of the Client’s personal/professional schedule. For all short-term rental and long-term rental media shoots, a 50% deposit is required at the time of booking. The remaining balance is due the day the initial media is delivered regardless of whether or not the Client actually needs the media at that time. ii. Invoicing: All invoices will be delivered electronically along with the media. Media will not be able to be downloaded until the invoice balance is paid in full. The invoice may be paid online manually using any credit card or ACH bank transfer. It may also be paid on site during the time of the media shoot using a check or cash. If an invoice remains unpaid after 7 business days, AA will charge out the invoice using the credit card on file. iii. Refunds: AA is a service-based business; as such it does not issue any refunds. If you are unhappy with any part of the work, please reach out to info@absolutealtitude.us

4. Appointment Terminations, Reschedule Requests, Arrival & Weather

i. The Client may request to terminate or reschedule an appointment without a fee up until 24 hours from the scheduled time the appointment is set to begin.

ii. Any appointment the Client requests to terminate with less than 24 hours’ notice will result in a forfeiture of their $100 deposit.

iii. Any appointment the Client requests to reschedule with less than 24 hours’ notice will result in a $50 rescheduling fee.

iv. If on the day of the appointment, the photographer arrives at the home and the appointment must be terminated or rescheduled for any reason, the Client will be responsible for up to 100% of the total order amount plus any travel fees incurred. We strongly recommend that the Client physically inspects the property at least 48 hours before the photoshoot to ensure that it is ready to go.

v. AA will notify the Client of a late arrival. Although we aim to be on time for every appointment, there remain factors that are out of our control that can cause a delay. We will make every effort to keep within our allotted time slot and to arrive as scheduled.

vi. AA does not control weather or weather-related events. If the Client would like to reschedule a shoot based on an impending weather forecast, they must do so 24 hours before the start of the shoot to avoid a rescheduling fee. If an extreme weather event is in the forecast, AA will reach out to the Client 48 hours before the shoot to give them the option to reschedule.

5. Delivery of Media

i. Delivery of Media: All media will be delivered through a 3rd party delivery platform. While technology issues with our delivery platform partners are rare, they can occur. If our primary delivery platform happens to be down and it will delay or impact delivery, AA will notify the Client as soon as possible and deliver the media using a secondary delivery system. A breakdown of our delivery schedule per service is outlined below.

(i) Photos, iGuides, and Basic Floor Plans will be delivered the day after the shoot.

(ii) Videos and reels will be delivered within 2 business days after the day of the shoot. The exception to this is the Top Producer Package. The turnaround time of the Top Producer video will be determined in your custom quote.

(iii) All virtual staging will be completed and delivered within 2 business days after the Client identifies which photos they would like staged.

6. Shoot Day Prep & Expectations

i. Photo Prep Guide: A comprehensive photo prep guide is sent out with the confirmation of each appointment. Please refer to this guide prior to shoot day and be sure that occupants see it as well. Following this prep guide as closely as possible will ensure a successful shoot day.

ii. Vacant or Occupied: AA does not require a vacant house, but it does help the appointment to run much smoother, and in a post-covid world helps minimize the risk of spreading illnesses. Having an empty house in terms of people, kids, dogs, cats, etc., allows our team to focus on capturing the best possible media for your listing. Please encourage extra living things to be out of the house prior to our team member’s arrival.

iii. Verify Property Is Photo-Ready: Please check in with your client and physically look at the condition of the home at least 48 hours prior to shoot day. Appointments terminated or rescheduled with less than 24 hours’ notice will incur a fee. The Client is responsible for up to 100% of the order total if an AA team member arrives on site and the house is not photo-ready.

iv. Upon Arrival: Please ensure the home is photo ready upon the arrival of the AA team member. Last-minute tasks such as moving vehicles from the driveway, trash cans from the line of sight, dog dishes from the kitchen, etc. should all be taken care of prior to the team member’s arrival.

v. Moving Items: For reasons of liability and safety, our photographers are not permitted to move items around in a client’s home. Anything that needs to be moved should be done prior to the photographer’s arrival.

vi. Responsibility of Readiness: Although many variables go into getting a home photo ready (many of which can seem uncontrollable), the readiness of the home is ultimately the responsibility of the Client. If the home is not ready for photos prior to photo day it should be rescheduled.

7. Pricing & Square Footage

AA pricing is based on the total square footage, location, and type of license. For additional information on the differences between licensing costs, please review our Media Terms of Use. AA determines the square footage based on county tax records. Above-grade, below-grade, finished, and unfinished areas of the home are all included when determining the pricing for a particular package. Garages and open-air spaces such as patios, pool areas, and decks are not included in the total square footage.

i. Additional Fees: Any work outside of the scope of the planned service may incur additional fees. This may include but is not limited to the following:

(i) On-site requests to film, photograph, or scan additional structures or areas not included in the scope of planned services.

(ii) Advanced editing (Photoshop) requests, like the removal or addition of any visible thing
including virtual staging not included in the scope of planned services.

(iii) In some instances, there can be square footage discrepancies found on the county tax records. If it is determined that there is a discrepancy with the county tax record square footage totals, AA will resolve the discrepancy by taking independent measurements with an ANSI® Z765-2021 measuring tool to determine actual square footage totals. AA will notify the Client and adjust the order accordingly.

(iv) Additional video editing requests include any request to revise, change, add, or remove anything that we deliver in the final video. This would not include any typo or error on the part of AA.

(v) Because there is a significant cost difference between the two licenses, upgrading from a standard real estate license to a rental or commercial license requires an additional fee.

(vi) Travel fees outside of the AA service area.

ii. Custom Quotes: Any custom quote given for additional services or custom packages will be sent electronically and are good for 30 days. Custom quotes may also require a separate project agreement with the Client’s signature.

8. Editing Requests and Special Notes

i. Photo Editing (i) Any request to modify an image by adding or removing an object is a part of our advanced editing services. Due to the varying nature and complexity of advanced edits, each request will be considered and priced based on a case-by-case basis. Requests for this service can be made at the time of booking through the AA online system or our mobile app. Any requests made after the shoot must be done by sending an email to info@absolutealtitude.us. (ii) The default photography style of AA is to shoot a home with the lights off in most situations. If the Client would like the home to be photographed with the lights on, they must request it on their order notes page when they submit their online order. (iii) All virtual staging requests must be submitted through the AA online system or the mobile app. Once the Client receives the final images, they are responsible for providing AA with exactly what images they want to be virtually staged and what theme they would like each image to have. (Example: theater room, living room, game room) ii. Video Editing (i) All videos delivered to the Client are considered final. The Client may request an edit or complete revision. The Client will be billed for requested revisions and edits at a rate of $150 per hour. Additional revision and edit requests will be made within 2 business days from the time of the requests. (ii) If a typo is discovered in a video after it is delivered, AA will fix the typo and deliver it by the next business day at no additional cost to the Client. (iii) It is the Client’s responsibility to submit all branding information to AA by shoot day if they would like it to be included in their video content. Requests to revise videos based on branding information not submitted by the client by the shoot date will be billed at a rate of $150 per hour. (iv) AA will deliver all social media reels in a vertical format ready to be posted on social media platforms. AA is not responsible for changes or policies made by a 3rd party social media platform that impact the performance or functionality of the reel. (v) Individual music requests for reels can be made by the Client. Any music requests for reels must be done by the shoot day. Music requests can be made in the order notes when submitting the online order. Please note not all music is available on all platforms. If there is a specific song the Client would like to request for a specific platform, it is the Client’s responsibility to ensure that song is on that platform. (vi) AA will deliver two copies of reels to the client. One version is for reference only and contains copyrighted music. This version is not permitted to be used online. If the Client uses the music version online, they are committing copyright infringement. AA is not responsible for any content that the Client posts online. The Client is only permitted to post the non-music version of the reel online. The music will need to be added through the social media platform. AA will provide a video tutorial to the Client to help with this subject.

9. Alteration of Delivered Work

No alteration of photos or videos produced by AA is permitted by anyone other than AA, apart from resolution changes. No use of Photoshop or other image and video altering software is permitted on any product by the Client or associates.

10. Social Media Services

i. Social Media Listing Campaigns: All paid social media listing campaigns and social media management services are contracted through a 3rd party provider whom the Client will work directly with upon ordering. AA is not responsible for the performance or impact of these contracted services.

ii. Promotion: While AA takes pride in promoting its work, AA is under no obligation to use its social media platforms to promote the Client unless the Client has paid for these services.

11. Warranties & Third Parties Services

i. Warranties: AA always strives to provide the Client with the highest quality of service and products possible. However, the quality is limited to the subject being filmed or photographed. For example: a messy, dirty house will produce a high-quality photo of a messy, dirty house. EXCEPT AS MAY OTHERWISE BE EXPLICITLY PROVIDED BY THE AGREEMENT (INCLUDING THESE TERMS OF SERVICE), AA MAKES NO OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING ITS PROVISION OF SERVICES OR PRODUCTS WHICH ARE THE SUBJECT OF THE AGREEMENT, AND AA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ii. Third-Party Services: AA utilizes several third-party vendors such as social media management services, hosting services, and delivery. AA assumes no responsibility for the quality and timeliness of the work of such vendors. AA does not require the Client to use these vendors and if the Client has any issues with such a vendor, the Client should address such vendor directly. All third-party services will be billed and charged with the Client’s credit card on file at the time of ordering.

12. Miscellaneous

i. Governing Law; Jurisdiction and Venue: This Agreement, for all purposes, shall be construed in accordance with the laws of the Commonwealth of Virginia without regard to conflicts-of-law principles. Any action or proceeding by either of the Parties to enforce this Agreement shall be brought only in the state courts of Frederick County, Virginia. The Parties hereby irrevocably submit to the exclusive jurisdiction of such courts and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue.

ii. Entire Agreement: Unless specifically provided herein, the Agreement contains all the
understandings and representations between the Parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

iii. Waiver & Modification: No provision of the Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by both Parties. No waiver by any Party of any breach by another Party hereto of any condition or provision of this Agreement to be performed by the other Party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

iv. Severability: If one or more of the provisions contained in the Agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

v. Force Majeure: AA is not liable for any service interruption or cancellation due to weather or Force Majeure.

vi. Liability: AA is not liable for any failure of income arising from any property for which AA has provided marketing material.

vii. Attorney’s Fees: In the event that any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs, and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.