Get to know: Christopher Fant; The Local Focal’s Terms of Service and agreement.
Note: Payment and scheduling constitutes acceptance of these terms.
Take time to read these Terms so that All parties have foundation in the process. Learn how the front-end and back-end work together so that everyone has all their bases covered and that there’s no surprises!
Table of contents:
[1] Definitions
[2] Payment
[3] Appointment Notifications & Property Access
[4] Rescheduling, Cancellations and Refunds
[5] Travel
[6] Off-site Locations and Nearby Amenities
[7] Property and Production
-shot lists
-production timelines
-song selection
-revisions
[8] Delivery of Media
[9] Hosting and Storage of Media
[10] Rights and Third Party Access
-DCMA
-media transfer agreement
[11] Defects and Remedies
[12] Indemnification
[13] Disputes
[1] Definitions: "Image(s)" means all visual representations furnished to the party ordering media services (“Client”) by Christopher Fant; The Local Focal (“Provider”), whether captured, delivered, or stored in photographic, electronic, or any other media. “Services” means any service or product provided by Provider whether fulfilled at an appointment, or through the Provider’s software systems and/or associated third parties.
[2] Payment: Client is responsible for payment in full by credit card at the time the order is placed. All fees and expenses payable under this agreement are due irrespective of whether Client makes actual use of the media or the licenses to use them. Corporate clients participating in separate partnership agreements and other qualified parties may be offered invoice terms at Provider’s sole discretion. Deposits may be accepted under agreed circumstances. Unless agreed to otherwise, Client paying by invoice is responsible for payment in full upon booking the online appointment, and Provider may require Client to maintain an active method of payment with Provider for the purpose of providing payment in full upon completion of services rendered. 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 order record may reflect, and Client is bound by, Client's oral authorizations for additional services, fees and expenses that could not be confirmed in writing because of insufficient time or other practical considerations, otherwise, documentation of such transactions or concessions of a transaction and agreement may be in text, or email. Forgotten items during checkout will be invoiced on the 1st or 15th.
[3] Appointment Notifications & Property Access: When an order is placed by Client, Provider will send Client a transaction confirmation by email and text message. A separate appointment confirmation will be sent to Client by email notification only. Provider will use the email and phone number on file for the Client for these notifications. No telephone calls will be made to confirm appointments. Due to the unpredictable nature of the business, a confirmed appointment may need to be rescheduled by Provider, and Client agrees to accommodate reschedule requests arising from these circumstances.
[4] 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 24 hours the day prior to the appointment. If Client modifies or cancels an appointment after 24 hours prior to the appointment, a Late Notice Fee of $50 will be assessed. This Late Notice Fee applies to reschedules, cancellations and postponements for any reason. On-site cancellations, no-shows and notice given beyond 24 hours of appointment will result in full charge for the current price of The Local Focal’s current running promotional photography package or the deposit initially retained. A “No Show” is considered if Provider arrives to property with no access, incorrect access information and no response from the client to remedy the situation within 1 hour of arrival. Requests for refunds made before or within 24 hours before the scheduled appointment will be processed in full without a fee. Requests for refunds made after 24 hours prior to the scheduled appointment and up to 4 hours of the appointment will be processed in full but a Late Notice Fee will be deducted in those circumstances. Requests for refunds with notice given within 4 hours of the appointment or following an on-site cancellation or no-show will be processed in full but a charge for the current price of The Local Focal’s current running promotional photography package will be deducted in those circumstances. Provider shoots rain or shine, except for aerial media. Client is responsible for verifying that the weather conditions will be satisfactory and must notify Provider by 24 hours to the appointment to reschedule the appointment without a fee or deposit loss. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party (e.g., tenants, stagers, painters, landscapers, contractors, subcontractors, etc). For appointments with multiple services, Late Notice Fees may be waived by Provider at its sole discretion if at least one service is provided during the appointment.
[5] Travel: Travel fees will not apply to in-area property locations. For out-of-area appointments, $100/ hour Travel Add-On fee will apply for properties located over 45 minutes one-way from The Local Focal HQ in University Village, Seattle. Clients must add the appropriate Travel Add-On to their cart before checkout. If the necessary add-on is not included at checkout, the client will be billed the missing fee, with invoices issued on the 1st and 15th of each month.
[6] Off-site Locations and Nearby Amenities: The Provider’s service includes coverage of common area amenities, such as those found in Planned Unit Developments (PUDs), provided the client facilitates and grants access to these areas. Footage from off-site locations not directly part of the property listing will incur Off-Site fees, starting at $100 for one or $100 per hour for multiple locations. The final Off-Site fee will be determined based on the specific client request, feasibility, and mutual agreement with the Provider.
[7] Preparation of Property, shot list, timelines: Provider services the property in its “As Is” condition at the time of the appointment. Client is responsible for completely preparing the property for Provider’s service(s) prior to the start time of the appointment. Client agrees not to schedule other vendors to be present while Provider is scheduled to provide services. Provider does not include Images of people, pets or animals in its services. If the property is not completely ready for Provider’s services, or if there are material obstacles to providing services, or if unsafe conditions prevent Provider from servicing the property, Provider, at its sole discretion, will either service all or part of property in its “As Is” condition on a best efforts basis, or cancel the appointment at Provider’s sole discretion subject to all applicable cancellation and rescheduling fees. For must have shots or a preferred shot list, client will list high priority shots and details about the property in the order notes during appointment booking or communicated in writing. Order notes are used to communicate details about the property and any shots to include or exclude.
Production timeline
Client acknowledges that creating high-quality content requires time and effort. Depending on the services requested, the Company requires 1-4 hours on-site for standard production and for Pro+ and Day to Night often more. Rush Photo Editing and Rush Video Editing services are subject to additional fees. Client can add Rush Priority to cart for expedited services. While the Company strives to adhere to the production schedule, unpredictable or uncontrollable delays may impact delivery turnaround times. The production turnaround is as follows for all Packages: 24/48/72-96. 24 hour turnaround on all photos and floor plans including photography, aerial photography, 360 tours and twilight photos. 48 hour turnaround on videos and 72-96 hour turnaround on Reels. Priority delivery and rush orders can be purchased for faster turnaround times. A la carte Reels 24/48 hour turnaround.
Song selection: To ensure a timely turnaround, Client must select a song for their video(s) including Reels at the time of booking. Client may also proxy its ability to select a song to Provider. Provider may select a song based on a mood, genre, or preference provided by Client. If Client does not select a song at the time of booking, Provider may select one for them to begin the Post-Production process. Changing the song after a video is completed will be subject to a fee of $100 per hour.
VIDEO REVISIONS. Provider will consider the Project completed and all Revision Cycles closed if Client does not provide substantial communication within 2-days from initial delivery. All Videos come with one complimentary Revision Cycle. Client may be as comprehensive as they wish in their revision request and understands that revision requests must be made within 2-days from each delivery. Once a revision begins and an updated version of the Video Tour is delivered, the Revision Cycle is considered closed. Additional revision cycles are subject to a fee of $100 per hour.
PHOTO REVISIONS. Company will consider the Project completed and all Revision Cycles closed if Client does not provide substantial communication within 2-days from initial delivery. All photos albums come with one complimentary Revision Cycle which include adjustments like Color and lighting adjustments and typical enhancements. For item removal and other edit requests with intensive requirements are subject to a fee of $20 for special requests.
TERM. This Agreement shall commence as of the effective date hereof. Company’s engagement under this Agreement shall terminate after all deliverables are successfully received by Client and all Revision Cycles are completed and closed as outlined in number [7].
All additional fee’s generated throughout the month are billed separately on the 1st and the 15th day of each month.
[8] Delivery of Media: Unless otherwise specified, Provider may deliver, and Client agrees to accept, Images and video 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 or video after they have been delivered to Client. Client agrees to accept Provider's judgment as to the suitability and acceptability of the Images and video captured during the assignment. Delivery with regards to timing and the 24/hour turnaround is limited to photography only. Other media such as video of any kind including Reels are delivered 48/ 72 hours but are usually done in 24-48 hours without guarantee but always within reason of Clients needs and requests.
[9] Hosting and Storage of Media: Upon delivery of media to Client via Provider’s system(s), Client is responsible for downloading and archiving Images, videographic content and all other types of media on Client’s own storage systems. Client is encouraged to download videographic and image content, immediately when received.
[10] Rights and Third Party Access: 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 affiliates to carry out normal business tasks. Provider retains a perpetual, royalty-free license to utilize the media it creates for Client to promote Christopher Fant; The Local Focal (Provider’s) services and offerings in a variety of public and private communications channels. This license extends to any third party resellers of Provider services. Provider may, from time to time, provide media to one or more third parties Google®, Facebook®, Client waives all royalty and all other monetary or other beneficial considerations with respect to the delivery of media to third party sites. Client is to not “give” media created by Provider (Christopher Fant; The Local Focal) to others to use for free marketing material without a completed Media Transfer agreement and compensation. This requires you reaching out to the provider. At Providers sole discretion, providers may agree to collaborate so long as the Credit being given to the creator of the media (Christopher Fant; The Local Focal) or tagged as “@thelocalfocal” or upon written agreement. A Photography & Media Ownership Transfer Agreement is available for purchase. Rights and Permissions and Ownership Transfer: The ownership rights will be fully transferred to the Client from the Provider, Christopher Fant; The Local Focal upon receipt of the Clients signed agreement along with the full payment of $600. Payment Terms:The Client agrees to make a one-time payment of $600 prior to the release of ownership rights. Upon receipt of payment, the Photographer will deliver a signed ownership release to the Client, confirming the transfer.
Copyright, DMCA, and Unauthorized Use
All media produced by The Local Focal is protected under copyright law and remains the intellectual property of The Local Focal unless a Media Rights Transfer is purchased. Clients are granted a limited, non-transferable license to use the media strictly for the original agreed-upon purpose. Promotional use for social media and web is OK for this original license.
Unauthorized Use and Distribution
Clients may not resell, distribute, modify, or provide the media to another person, business, or brand for use on their behalf without a signed and purchased Photography & Media Ownership Transfer agreement. This includes, but is not limited to:
Sharing media with other agents, brokerages, property managers, persons, hosts, builders, or third parties without purchasing a Media Rights Transfer.
Using the media outside of the agreed-upon listing promotion, such as for long-term advertising, commercial use, or third-party marketing.
Uploading media to hosting platforms such as Airbnb, VRBO or other rental/property listing sites without a signed and purchased Photography & Media Ownership Transfer Agreement (this blank document can be provided directly to a “Host” as an option to purchase and own the media.
DMCA and Copyright Infringement Enforcement
The Local Focal actively enforces its copyright rights under the Digital Millennium Copyright Act (DMCA). Unauthorized use or distribution of media will result in immediate legal action, including takedown requests, cease-and-desist notices, and financial claims for damages. Hosting platforms like Airbnb take copyright infringement seriously and will ban users who upload media without proper licensing.
See Airbnb’s Terms: https://www.airbnb.com/help/article/2878
See VRBO’s Terms: https://www.vrbo.com/lp/b/terms-of-service
Legal Remedies for Violations
Any violation of these terms voids the client’s license to use the media and will result in immediate legal action to seek compensation for unauthorized use. Clients are encouraged to purchase a Media Rights Transfer Agreement if they require extended use or wish to transfer usage rights.
For more details on DMCA enforcement, visit: https://www.nwmls.com/dmca-notice/
[11] Defects and Remedies: Provider captures properties in their “As Is” condition and is not able to assist with cleanup, staging, moving objects, etc. Requests for item removal or additional editing will be accommodated with additional fees processed at $10 per photo for special circumstances or any request not having to do with the Provider will be accommodated and added to the final invoice. Additional fees are billed on the 1st and the 15th each month. If the client provides lockbox access to property and does not attend or send an authorized representative, Client agrees to provide written notes ahead of time to communicate any special instructions. Client agrees that Provider works in all weather conditions, and Client is responsible for ensuring in advance that anticipated weather conditions are acceptable to Client. Provider uses www.suncalc.org to choose best time for photos shoots and advise client does the same. Client is responsible for ensuring property is completely ready for service at the time of the appointment. This includes ensuring that other service providers (e.g., cleaners, stagers, contractors, inspectors, etc.) are not on site during the appointment. Provider has a defined process for addressing any perceived defects associated with the services it provides. The process is as follows: (1) Review: Provider will review its work with Client to assess and address the situation. (2) Revise: If content does not meet Provider’s quality standards, Provider will edit the content to better meet Provider’s quality standards. (3) Revisit: If editing does not meet Provider's quality standards, Provider will revisit the home to perform the service at Provider's expense. (4) Refund: If Provider is still unable to deliver to Provider's promised quality level, Provider will issue a refund for the affected service(s). Client will be responsible for a fee for any reshoot required by Client that is not the result of any material defect caused by Provider. For any reshoot required due to any reason outside the control of Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance or the fault of a third party, Provider will not charge additional fees, but Client will pay all normal expenses associated with the services being provided.
[12] 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. Client will indemnify and defend Provider against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of situations where access to a property is given by lockbox (aka combo box, keysafe, etc.) and Client or his or her representative is not on site at the time of service. Provider will take all reasonable precautions to ensure that the property and its contents are secured, but Provider is not responsible for lost or misplaced keys, damaged or missing property, or other adverse conditions that result that may or may not be due to the provisioning of service. Provider is fully Insured by Full Frame Insurance.
[13] Disputes: Any dispute regarding this agreement shall, at Provider's sole discretion, either:
(1) 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. OR (2) be adjudicated in Provider's City, Provider's State under the laws of the United States and/or of Provider's State. (3) 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.
2024-2025
Questions:
(949) 529-0034
media@thelocalfocal.com