KW BAE MARKETING CONCIERGE TERMS OF SERVICE
By ordering services from Aerial Canvas and KW BAE the Client agrees to the following Service Agreement for video and photo content. We hope these policies are helpful and instructional as we work together to create beautiful content for your marketing needs.
KELLER WILLIAMS BAY AREA ESTATE TERMS OF SERVICE
This Marketing Services Agreement is entered into by and between TCGLG Inc. dba KW Bay Area Estates (“KWBAE”) and the (“Associate”).
KWBAE and Associate are independent contracting parties with respect to all services rendered under this Agreement.
KWBAE and Associate intend that this Agreement does not constitute an employment agreement by either party. By executing this agreement the parties agree to the following terms and conditions
This Agreement governs the Real Estate Transaction on the property known as (the “Property”), which is currently subject to a Listing Agreement between Associate and the Seller.
1. KWBAE will provide listing services for the Real Estate Transaction that ordinarily would be Associate’s sole responsibility for discharging, that may include, but are not limited to the following (collectively “Marketing Services”):
2. KWBAE will cover all or a portion of the costs of the specified Marketing Services, up to a reasonable amount as agreed to by the parties (the “KWBAE Portion”).
3. Associate will pay KWBAE an amount equal to the actual amounts paid by KWBAE (the “Paid KWBAE Portion”) for the KWBAE Portion through the dates noted below upon the earlier of:
The closing of the sale of the Property, where the Paid KWBAE Portion shall be paid from the proceeds of the sale;
The termination of the Listing Agreement or the expiration of the Listing Agreement for any reason (e.g., because the Property is taken off the market), where the Paid KWBAE Portion shall be due within fifteen (15) days of the termination or expiration;
In the event the Property does not sell, the date that is 6 months from the execution date of this Marketing Services Agreement;
The termination of Associate’s affiliation with KWBAE, where the Paid KWBAE Portion shall be due within fifteen (15) days of the termination.
4. Associate assumes all responsibility and charges for any rescheduling or cancelation fees that are applied by any vendor associated with this program.
5. Associate authorizes KWBAE to charge the Associate’s credit card on file, per the guidelines contained in this agreement.
6. Associate must submit to KWBAE a signed and valid listing agreement prior to approval.
7. The List Price for property in which services are ordered must not be any higher than 100% of market value.
KWBAE will be notified upon the initial order being placed. They will then approve the order within 2 business hours. They will verify the above two items and contact associate directly.
AERIAL CANVAS TERMS OF SERVICE
To ensure the best results of the photo/video shoot please be sure the property is ready prior to the scheduled shoot time.
It is the Client’s responsibility to ensure that the property is ready for video/photos to be produced at the arranged time.
For liability, Aerial Canvas does not handle any cleaning, dusting, or moving of furniture. We are not able to physically move or remove property signs.
The Client in regard to the property shall ensure that there are no hazards to Aerial Canvas or its employees at the site.
Aerial Canvas will work with the Client in regard to the property owner’s pets. If pets will be an issue please make a note of it when services are ordered.
Aerial Canvas will be photographing and filming throughout the entire property. Utility rooms and closets are typically not included, but if you would like those included please let an employee of Aerial Canvas know prior to the shoot.
If there is predictable bad weather, the Client must reschedule with us at least 12 hours before the shoot.
Creating quality content takes time.
Once on Aerial Canvas will need 1-4 hours depending on the services requested. Delays that may arise could increase this time
1 business day for photos (next day by noon)
1 business day for 3D virtual tours (Matterport)
1 business day for dedicated property websites
1-2 business day for 0:30 videos
2-3 business days for 2 min cinematic videos
2 business days for twilight photos
3-4 business days for 2D floor plans
1-2 days for virtual staging photos
Next-day video rush delivery is available at a fee of $200. Aerial Canvas may not always be able to provide this service.
In the case travel is needed outside our service area there will be an additional $100 per hour travel fee. This fee covers Aerial Canvas's time and operational cost.
3D MATTERPORT VIRTUAL TOURS:
3D Matterport Virtual Tours include free hosting for 3 months.
After 3 months, 3D Matterport Virtual Tours will be archived and the branded and unbranded links will no longer be active.
Extended hosting is available for $60 Annually per Active Scan (12 months of hosting).
VIDEO POST EDITING:
Aerial Canvas property videos typically follow a format of drone footage followed by property walk-through, with royalty free music. If another format is needed, the Client must provide specific requirements or details to Aerial Canvas prior to the start of the shoot.
After content is delivered, please let us know within 2 business days if you have any changes (limit one revision) you'd like to make.
After 2 business days, we will consider the project completed and any changes may be subject to additional fees ($75/hour).
Aerial Canvas understands that sometimes schedule adjustments are necessary. Therefore, the Client must notify Aerial Canvas of cancellation 24 hours in advance via Email or Phone.
Any appointment canceled or changed without 24-hour notice will result in a $300 fee.
Any appointment missed (Once an employee of Aerial Canvas has arrived at the Client's listing property and are unable to shoot the property), there will be a 50% charge of the total invoice and/or no return of the deposit.
Reschedules will be subject to availability at standard rates.
At times services cannot be fully completed due to weather. In those circumstances, the decision about the shooting is up to the Client. If the Client proceeds with photographs and videos, Aerial Canvas will provide to the best of our ability to complete the shoot. If additional outdoor photographs/video are required on a better weather day standard rates will apply. If there is predictable bad weather, please reschedule with us at least 24 hours before the shoot. Cancellations must be made 12 hours in advance.
Reschedules will be subject to availability
LIMITED LICENSING RELEASE:
In order to provide the Client with the best service and support at reasonable pricing, Aerial Canvas does not sell photographs or video. Aerial Canvas licenses their use. The fee quoted is dependent on (1) payment of the invoice in full within 30 days, and (2) using the video/photographs only as indicated.
Only the Client has permission to use the delivered photos and video on any electronic or printed forms of advertisement for the promotion of the listing.
Builders, Stagers, Designers, or “Third Parties” that wish to use Photographs or Video must contact Aerial Canvas directly for licensing and fees.
For image integrity and quality control Aerial Canvas asks that photographs and video not be heavily altered once delivered, re-sizing is okay.
Photographs and video cannot/will not be made available to another real estate Agent or person who takes over an expired or withdrawn listing.
Video and photos produced by Aerial Canvas may be uploaded to any social media or MLS listing services by the Client, solely for the promotion of the listing during the pendency of this Agreement. However, regardless of any terms and conditions of the MLS, at no time does this Agreement provide the right to transfer copyright or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106.
WORK PRODUCT OWNERSHIP:
Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by Aerial Canvas shall be the exclusive property of Aerial Canvas. Aerial Canvas reserves the right to use video, and photos for advertising, display, publication, or other purposes. All photos, samples, videos, and proofs remain the exclusive property of Aerial Canvas unless waived by amendment to this agreement. Unauthorized use of photographs/video is a copyright violation and will result in the termination of this contract.
I hereby waive any right to inspect or approve the finished photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of my image and likeness.
I am 20 years of age or older and I am competent to contract in my own name. I have read this release before signing below, and I fully understand the contents, meaning and impact of this release. I understand that I am free to address any specific questions regarding this release by submitting those questions in writing prior to signing, and I agree that my failure to do so will be interpreted as a free and knowledgeable acceptance of the terms of this release.
I am the parent or legal guardian. I have read this release before signing below, and I fully understand the contents, meaning and impact of this release. I understand that I am free to address any specific questions regarding this release by submitting those questions in writing prior to signing, and I agree that my failure to do so will be interpreted as a free and knowledgeable acceptance of the terms of this release.
PROPERTY OWNER APPROVAL:
The Client may need to obtain a written signed approval from the property owner prior to filming or taking pictures. Aerial Canvas can provide (at request) a written approval form.
Aerial Canvas makes every effort to maintain the privacy of the property owner's neighbors. All footage is focused on the property being filmed and Aerial Canvas will do best to respect the privacy of anyone not directly involved. If necessary, The Client may be required to ask for permission from neighbors before Aerial Canvas begins filming.
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.
PAYMENT / LATE FEES:
Full payment is due two days after deliverables are sent. Overdue payments are subject to a $50/month late fee at our discretion. Payments overdue past a month are subject to an additional $50/month or 10%/month late fee at our discretion. Booking a service with us means you agree and understand to the payment schedule on your quote/order and the applicable late fees for non-payment.