Definitions : “Image(s)” means all visual representations furnished to the party ordering media services (“Client”) by Reve Real Estate Virtual Experience and its affiliated providers (“Provider”), whether captured, delivered, or stored in photographic, electronic, or any other media. Unless otherwise specified, Provider may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Provider may select, at a resolution that Provider determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. Unless otherwise specifically provided elsewhere in this document, Provider has no obligation to retain or archive any of the Images after they have been delivered to Client. Client is responsible for attending or sending an authorized representative to the assignment. Client agrees to accept Provider’s judgment as to the suitability and acceptability of the Images captured during the assignment.
 Delivery and Rights : When media is delivered, Provider grants to Client a non-exclusive, royalty-free license for use of the images, video and other media created or provided by Provider for use by Client and/or Client’s affiliated brokerage firm to carry out normal business tasks associated with offering real estate properties to the public for sale or lease. Provider retains a perpetual, royalty-free license to utilize the media it creates for Client to promote Provider’s services and offerings in a variety of public and private communications channels.
 Payments : Client is responsible for payment in full at the time the photoshoot is completed. All fees and expenses payable under this agreement are required irrespective of whether Client makes actual use of the media or the licenses to use them. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for additional Images, fees and expenses that could not be confirmed in writing because of insufficient time or other practical considerations.
 Storage of Media : Upon delivery of media to Client via Provider’s system(s), Client is responsible for downloading and archiving photographic media on Client’s own storage systems. As part of its service offering, Provider offers storage of photos and other media on its systems for 1 week.
 Reshoots: Client will be responsible for a fee for any reshoot required by Client that is not as a result of any material defect to Images caused by Provider.
 Rescheduling, Cancellations and Refunds : Should Client need to modify or cancel a confirmed appointment for any reason, Client is responsible for notifying Provider no later than 8:00PM Pacific Time the day prior to the appointment. If Client modifies or cancels an appointment after 8:00PM Pacific Time the day prior to the appointment, a Late Notice Fee of $75 will be assessed. This Late Notice Fee applies to
reschedules, cancellations and postponements for any reason.
 Transfer and Assignment : Client may not assign or transfer this agreement or any rights granted under it. The assignment rights denoted herein also do not grant the Client the right to transfer Images supplied by Provider to another party (e.g., Real Estate Agent, Property Manager, Homeowner, etc.) for the purposes of re-using the Images to avoid paying fees for service.
 Applicable Law : This agreement incorporates by reference the Copyright Act of 1976, as amended. This agreement incorporates by reference those provisions of Article 2 of the Uniform Commercial Code that do not conflict with any specific provisions of this agreement; to the extent that any provision of this agreement may be in direct, indirect, or partial conflict with any provision of the Uniform Commercial Code, the terms of this agreement shall prevail. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the UCITA of any state. Provider is an independent contractor and not an employee. If Provider is deemed under any law to be an employee of Client, and if the Images are therefore considered works made for hire under the U.S. Copyright Act, Client hereby transfers the copyright to all such Images to Provider. Client agrees to execute any documents reasonably requested by Provider to accomplish, expedite or implement such transfer.
 Indemnification and Disputes : Indemnification: Client will indemnify and defend Provider against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. Disputes: Any dispute regarding this agreement shall, at Provider’s sole discretion, either:
 be arbitrated in Provider’s City, Provider’s State, under rules of the American Arbitration Association and the laws of Provider’s State; provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof.
- be adjudicated in Provider’s City, Provider’s State under the laws of the United States and/or of Provider’s State.
- In the event of a dispute, Client shall pay all court costs, Provider’s reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Provider.
 Photoshoot: Photographer’s job is to go in the house, take the pictures, then leave. Photographer is not responsible for moving or decluttering anything in the property. Photographer will only stay the allocated time (starting at 30 minutes).
 Editing: Revepix is not responsible to edit more than our signature revepix editing procedure. Provider is not responsible to clean the home, declutter the home, fix cracks in the wall, and any other edits that are not included in the signature revepix editing procedure. The signature revepix editing procedure consists of, replacing skies, color correcting the walls and ceilings, correcting the lighting of the images, adding fire in the fireplaces,