TERMS AND CONDITIONS
ANDREW KEITHLY PHOTOGRAPHY
a DBA of U. S. Aerial Analytics LLC
Effective November 9th, 2020
My terms are set out below and govern our business relationship with real estate agents, companies, and individuals. Please read carefully.
Application of terms and conditions:
These terms apply to all trade carried out between ANDREW KEITHLY PHOTOGRAPHY and all real estate agents, companies, and individuals. These terms are effective from the above date until these terms of trade are replaced by another document.
The copyright for all photographs taken by ANDREW KEITHLY PHOTOGRAPHY during a photographic shoot remain with ANDREW KEITHLY PHOTOGRAPHY and are protected under local and international copyright laws. Copyright is not transferable. Permission is granted to the real estate agent, business, or individual who made the booking with ANDREW KEITHLY PHOTOGRAPHY to use the photographs from this shoot in the marketing of this property only, for a period of 12 months from the date of the shoot.
Use of any image for any additional marketing or promotion, for a business, other organization, or individual (including any use by architects, builders, painters, interior designers, and other businesses or individuals in any print or web publication), is a violation of copyright. By using the services of ANDREW KEITHLY PHOTOGRAPHY you are agreeing to be bound by the terms of this agreement.
ANDREW KEITHLY PHOTOGRAPHY gives a 100% guarantee on all work. If the client is not happy with the work carried out, you have 48 hours from the time we send the work to the client to request a reshoot of the concerned area. If the client is still not happy, no fee will be charged, and/or the fee will be refunded; however, all photos must be returned to ANDREW KEITHLY PHOTOGRAPHY within 72 hours of the said work. If no fee is paid, then all work produced by ANDREW KEITHLY PHOTOGRAPHY must not be used in any way, shape, or form.
Although all care is taken while photographing every home/property, ANDREW KEITHLY PHOTOGRAPHY accepts no responsibility for any damage or breakages during this process.
ANDREW KEITHLY PHOTOGRAPHY and/or staff shall not be held liable for any legal action, claim, or damages resulting from or arising out of the publication of the photographs or other use.
All fees must be paid to ANDREW KEITHLY PHOTOGRAPHY prior to the delivery of the images as final images will not be delivered until payment is made, unless otherwise determined in writing between ANDREW KEITHLY PHOTOGRAPHY and the agent.
Individuals - All fees must be paid COD unless otherwise arranged in writing between ANDREW KEITHLY PHOTOGRAPHY and the individual.
Limit of Liability:
In the unlikely event that the assigned photographer from Andrew Keithly Photography is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the ANDREW KEITHLY PHOTOGRAPHY, the ANDREW KEITHLY PHOTOGRAPHY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the ANDREW KEITHLY PHOTOGRAPHY’s control, including but not limited to camera, hard drive, or equipment malfunction, the ANDREW KEITHLY PHOTOGRAPHY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals. The ANDREW KEITHLY PHOTOGRAPHY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
If an agent or individual arranges for ANDREW KEITHLY PHOTOGRAPHY to photograph a property, person, or thing for their own purposes or on behalf of a homeowner and does not pay for that service within the required time, the amount owed by the agent is a bad debt of the agent. If an individual arranges for ANDREW KEITHLY PHOTOGRAPHY to photograph a property, person, or thing on his/her own behalf and does not pay for that service within the required time, the amount owed by the individual is a bad debt of that individual.
Recovery of Payment:
All bad debts will be passed on to a debt collecting service. All costs relating to the recovery of overdue accounts will be added to the original fees and must be paid by the person/company who made the booking.
By using the photos supplied by ANDREW KEITHLY PHOTOGRAPHY you are agreeing to the above Terms and Conditions.