Terms and Conditions
Any and all customers of Studio Vos, Inc. agree to the following terms and conditions as part of any and all transactions between themselves and StudioVos Marketing and Photography. In these Terms and Conditions, the following terminology is to be used, to which you agree to: Studio Vos - Studio Vos, Inc. , Studio Vos Marketing and Photography, and any of its subsidiaries or sister entities; Customer - you, the individual or entity purchasing photography, video, marketing, digital, and/or other services from Studio Vos. Job - the scope of services Studio Vos agrees to do in exchange for compensation by Customer.
QUOTED FEES AND EXPENSES
The fees and expenses quoted by Studio Vos for any Job are based on the description provided by the Customer or any of the Customer's agents. Should the description provided be misleading or lacking in any way, StudioVos reserves the right to cancel the Job or re-quote its fees prior to beginning the Job. You - as Customer - agree to this. Payment for the Job shall be due at the time of the Job being requested("ordered") by the Customer. Failure of full payment at the time of the order shall not have the Job scheduled to be executed by Studio Vos. You – as Customer - agree to this. Any changes to the Job are subject to separate agreement. If a Customer has an advertising agency, real estate agent, broker, or another third-party agency or agent acting as a liaison for Customer, then the Customer and said third party agent are jointly and severally responsible for payment of fees and expenses. You and the third-party agent agree to this.
If the property is not ready at the time of the Job, then upon Customer's decision, it will either be photographed "as-is" by Studio Vos, or, Customer can elect to reschedule but will then be charged a $75.00 cancellation and rescheduling fee. You - as Customer - agree to this. If, in the subjective opinion of Studio Vos, inclement weather or other adverse conditions (broken air conditioner, for example) prevent the creation of a product meeting the artistic standards of Studio Vos, Studio Vos may elect to reschedule the Job without penalty to Studio Vos. You - as Customer – agree to the subjective opinion of Studio Vos being authoritative in this regard and generally agree to this. If, in the subjective opinion of Studio Vos, use of equipment may present a danger or unsafe environment (for example, a drone is required to be used within three miles of an airport), Studio Vos reserves the right to cancel or postpone the Job. If the Job is postponed, Studio Vos will endeavor to reschedule it as soon as possible without penalty to Studio Vos. If the Job is cancelled, Customer shall receive a credit on its account with Studio Vos which can be utilized by Customer for any future Job within 180 days. If the credit is not utilized within 180 days, the credit is voided. You - as Customer -agree to the subjective opinion of Studio Vos being authoritative in this regard and generally agree to this. If the Customer cancels the job within 12 hours of the Job's scheduled time, then the Customer will then be charged a $75.00 cancellation fee. You – as Customer - agree to this.
PRODUCT, LICENSING, AND USE
Unless explicitly stated in writing otherwise, in all transactions between Studio Vos and Customer, Studio Vos reserves title to the photographs, videos, and other media created in its name, and transfers an interest in said media to Customer for the duration of (a) the real estate listing by Customer, or, (b) one year – whichever terminates first. Said media can only be used for the marketing of the real estate property by Customer, and may not be used for self-promotion and/or by other agents or entities, without written permission of Studio Vos.
Studio Vos and Customer co-own all rights, including copyright, in and to all images including but not limited to photographs, video, digital or print, in any form (collectively, "Works") as part of the final work product provided to Customer subject to terms herein. Said Works may be used by Studio Vos for promotion and/advertising at its discretion without requiring consent from the Customer. Studio Vos has the right to transfer, sell or otherwise provide the photographs/images or limited license to third parties without the Customer's permission. Customer may use Works for purposes of marketing of the real estate subject to the Job, only. Terms & Conditions Continued Next Page. . .
Any other use of the Works by Customer must have written permission of Studio Vos, and Studio Vos may request compensation from Customer in exchange for Customer to have the right to use the Works in a manner not related to marketing of the real estate subject to the Job. Customer does not have any right to transfer, sell or otherwise provide the photographs/images or limited license granted to them to any third party without Studio Vos' written permission. Studio Vos does have the right to transfer, sell or otherwise provide the photographs/images or limited license to third parties without the Customer's permission. You - as Customer - agree to this. Studio Vos exclusively owns and retains all rights, including copyright, in and to all images including but not limited to photographs, video, digital or print, in any form that were not provided to Customer as part of their final work product collectively, "Non-Product Works"). These Non-Product Works may be used by Studio Vos for promotion and/advertising at its discretion. Customer has no rights or copyrights to Non-Product Works. You – as Customer - agree to this.
The Customer warrants and represents that it has actual authority to enter into an agreement with Studio Vos and to allow Studio Vos to enter into or upon property, and, record, photograph, and otherwise provide its services at the place designated by Customer for the Job. Customer shall indemnify and hold Studio Vos harmless in the event Studio Vos having any liability arising from said use of property or depiction of property, including any judgment, award, settlement, and/or attorney fees necessary to defend from any such claim. You - as Customer - agree to this. You may view our COVID-19 safety practices here.
All claims, disputes, and other matters in controversy between the Studio Vos and Customer arising out of or pertaining to the Job or terms thereof shall be submitted for resolution by binding mediation with a mediator accredited by the Texas Association of Mediators. The commencement and completion of mediation proceedings pursuant to the foregoing is a condition precedent to either party filing any type of litigation against the other party. Should litigation or a request for arbitration be filed prior to a mediation by a party, the other party may stay the proceeding pending the outcome of mediation. You – as Customer - agree to this.
You agree that you will not (nor will you cause or cooperate with others to)publicly criticize, ridicule, misrepresent, disparage or defame Studio Vos or any of its attorneys, employees, contractors, services, results of your Job, or our services in general, via any written or oral statement or image including but not limited to any statements made via websites, blogs, general postings on the Internet, or emails, regardless of whether or not they are made anonymously or through the use of a pseudonym. You agree to provide full cooperation and assistance in assisting us to investigate such statements if we believe that you are the source of the statements or that you may have information to help track down the source. The foregoing does not apply to statutorily privileged statements made to governmental or law enforcement agencies. Violation of this clause shall be deemed a breach of contract and actionable in a Court of Law, with all actual and exemplary damages and attorney and legal fees attaching as allowed under law. You agree that you have had a meaningful opportunity to negotiate the standardized terms of this clause and the contract in general. You - as Customer - agree to this.
JURISDICTION AND VENUE
These terms and conditions are performable in Fort Bend County, Texas. Jurisdiction and venue of any dispute arising from under this Contract are also performable in Fort Bend County, Texas, regardless of the location of the Job. You - as Customer - agree to this.