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Terms of Service

Last Updated: January 2025

Welcome to Jason Naudi Photography. By booking photography services through our website or any other means, you ("Client") agree to be bound by the following Terms of Service. Throughout this document, Jason Naudi Photography will be referred to as "JNP," "we," "us," or "our." Please read these terms carefully before scheduling your photo shoot.

2. Limited Marketing License

Upon full payment, JNP grants the Client a limited, non-exclusive, non-transferable license to use the photographs solely for promotional and advertising purposes directly related to the sale or lease of the specific property photographed. This license permits the Client to:

  • Upload photographs to MLS listing services
  • Use photographs in property marketing materials
  • Display photographs on real estate websites and social media
  • Include photographs in property brochures and flyers

License Expiration

This marketing license automatically expires upon the earliest of the following:

  • The property sells or is removed from the market
  • Twelve (12) months from the date of the photo shoot

Extension of License: If you wish to continue using the photographs beyond the 12-month period or after the property has sold, you must obtain written consent from JNP via text message or email. Continued use without written authorization constitutes copyright infringement.

3. No Transfer or Resale

The license granted to the Client is strictly non-transferable. The Client does not have any right to sell, transfer, sublicense, give away, or otherwise provide the photographs to any third party. This prohibition includes, but is not limited to:

  • Other real estate agents or brokerages
  • Architects, builders, or developers
  • Stagers, designers, or contractors
  • Property sellers or buyers
  • Any other individual or business entity

Important Notice

If another agent takes over an expired, withdrawn, or canceled listing, they may NOT use photographs originally created for a different agent. The new agent must contact JNP directly to purchase their own license. Any unauthorized use will result in compensatory damages equal to five (5) times the current pricing at the time of infringement, plus legal fees.

If a third party wishes to use photographs created by JNP, they must contact JNP directly to inquire about purchasing a separate license.

4. Payment Policy

Payment is required in full before the photographer arrives at the property. JNP accepts payment via credit card, debit card, Afterpay, or cash/check (payable on the day of the shoot). No photographs will be delivered until payment has been received and processed.

Payment Terms

  • Full payment must be received before the photo shoot begins
  • If paying by cash or check, payment is due upon photographer arrival
  • Photos will not be released until payment clears
  • Outstanding balances may result in delayed delivery

By booking a photo shoot, you acknowledge and agree that the shoot will be canceled if payment has not been received by the time the photographer is scheduled to arrive.

5. No-Refund Policy

JNP operates on a strict no-refund policy. If your shoot is cancelled for any reason—whether by you, the property seller, or due to circumstances beyond anyone's control—no cash refunds will be issued.

Credit Policy

Instead of a refund, the full payment amount will be applied as a credit toward a future photo shoot with JNP. This credit does not expire and can be used for any future booking. Credits are non-transferable and cannot be redeemed for cash.

This policy exists because JNP incurs costs when scheduling shoots, including turning away other clients to accommodate your booking. Additionally, payment processing fees are non-recoverable. By booking with JNP, you acknowledge and accept this no-refund/credit-only policy.

6. Cancellation & Rescheduling

JNP understands that schedules change. The following policies apply to cancellations and rescheduling:

More Than 24 Hours Notice

Cancellations or rescheduling requests made more than 24 hours before the scheduled shoot time are free of charge. Your payment will be applied as a credit toward your rescheduled date or a future booking.

Less Than 24 Hours Notice

Cancellations or rescheduling requests made within 24 hours of the scheduled shoot time are subject to a $75 late cancellation fee. This fee must be paid before rescheduling.

If the photographer arrives at the property and the property is not accessible (no key, owner not home, etc.) or not ready for photography, this will be treated as a same-day cancellation and the $75 fee will apply.

7. Arrival Time

The photographer may arrive between 15 and 30 minutes before or after the scheduled appointment time. This flexibility is necessary due to factors including, but not limited to:

  • Traffic conditions
  • Weather delays
  • Road construction
  • Previous shoot running longer than expected

Please ensure the property is ready and accessible during this arrival window. The Client or an authorized representative should be available to provide access if needed.

8. Property Preparation

The Client is responsible for ensuring the property is cleaned, staged, and ready for photography prior to the scheduled shoot. JNP is not responsible for staging, cleaning, decluttering, or landscaping. All properties will be photographed "as is."

While the photographer may assist with minor adjustments (straightening pillows, turning on lights, etc.), this is done as a courtesy and is not guaranteed. If the property is not ready, the Client should reschedule at least 24 hours in advance to avoid the late cancellation fee.

The Client is responsible for having an authorized representative present at the shoot to approve the photographer's interpretation of the property. If no representative is present, the photographer's creative decisions shall be deemed acceptable.

9. Delivery & Storage

JNP offers same-day delivery for standard photo shoots (additional fee applies) or next-day delivery at no extra charge. Larger properties, twilight shoots, or shoots with extensive editing requirements may take up to 48 hours. Video services may take up to 72 hours.

Photographs will be delivered via a secure download link. It is the Client's responsibility to download and backup the photographs immediately upon receipt. JNP will maintain photo backups for up to 90 days after delivery. After 90 days, JNP cannot guarantee the photographs will be available for re-download.

The Client may not make any digital alterations or edits to the photographs without written permission from JNP. If edits are needed, please contact JNP to request changes.

10. Limitation of Liability

JNP will make every effort to ensure the final photographs are of high quality and represent the property in the best possible light. However, JNP's maximum liability for any claim arising from services provided shall not exceed the total amount paid by the Client for those services.

JNP shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, regardless of whether JNP was advised of the possibility of such damages.

JNP is not responsible for delays caused by weather, equipment failure, illness, or other circumstances beyond our reasonable control. In such cases, JNP will work with the Client to reschedule at the earliest available time.

11. Indemnification

The Client agrees to indemnify, defend, and hold harmless JNP, its owner, employees, and agents from and against any and all claims, liabilities, damages, costs, and expenses (including reasonable attorney's fees) arising out of or related to:

  • The Client's use of the photographs
  • Any breach of these Terms of Service
  • Any claim that the photographs infringe upon the rights of a third party
  • The Client's failure to obtain necessary permissions or releases

It is the Client's responsibility to ensure they have the authority to allow photography at the property and to obtain any necessary model or property releases.

12. Modifications to Terms

JNP reserves the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any changes constitutes acceptance of the modified terms.

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected.

Questions?

If you have any questions about these Terms of Service, please contact us:

Email: [email protected]

Phone: 248-396-3391

By booking a photo shoot with JNP, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.