Maxson Collective Terms & Conditions
1) Marketing Rights: Maxson Collective reserves the right to use any media produced for marketing purposes.
2) Service Area and Additional Fees: If the subject of work is located outside of Maxson Collective’s standard service area, Maxson Collective reserves the right to add a reasonable transportation fee.
3) Quality Guarantee and Resolution: Maxson Collective guarantees the client a professionally produced product. If the product is not acceptable based on reasonable standards determined by Maxson Collective, we will work with the client to find a reasonable resolution. If fees are refunded, all usage rights are immediately revoked, and the client must cease use of the media.
4) Editing and Revisions: If the product is unacceptable to the customer from an editing standpoint, Maxson Collective will re-edit the footage based on written notes provided by the client. If the second edit is still unacceptable, a set fee will be charged for further refinement.
5) Dispute Resolution: In case of a legal dispute regarding business conduct or representative’s actions while contracted by Maxson Collective, the client agrees to a privately mediated settlement.
6) Payment Policy: All clients must submit payment upfront or at delivery before any shoot is fulfilled.
7) Property Preparation: The customer must provide a “show ready” property at the time arranged for recording. Maxson Collective is not responsible for preparing the property. If the recording is unacceptable due to the property's condition, a fee will be charged for re-recording, including travel expenses. Fees for post-production item removal will be assessed based on the nature and removal difficulty.
8) Booking and Confirmation: The date selected at booking is a request and is not confirmed until Maxson Collective sends an email confirmation to the client.
9) Cancellation and Rescheduling Fees: Cancellation or rescheduling on the day of the shoot will incur a fee. This applies if the photographer cannot access the property due to reasons such as the client's absence, incorrect access code, or other accessibility issues.
10) Weather Policy: Maxson Collective is not responsible for weather-related effects on media. No fee for weather cancellation, but grey skies can be changed to clear skies for a fee.
11) Website and Hosting: Maxson Collective will maintain a clean and functioning website for hosting client videos, not liable for losses due to malfunctioning web technologies. Initial payment includes hosting and storage for 6 months, extendable for a fee.
12) Hyperlink Rights: Clients have a limited, non-exclusive right to hyperlink to Maxson Collective’s website, provided there are no derogatory or defamatory insinuations.Force Majeure: Maxson Collective and its contractors are not responsible for damages or delays due to uncontrollable events (e.g., natural disasters, acts of terrorism).
13) Usage Compliance: Clients agree to use Maxson Collective’s website services in compliance with all applicable laws and regulations.
14) Account Termination: Maxson Collective may terminate any account at its sole discretion.
15) Media Accuracy: Clients are responsible for ensuring media accurately portrays each property and for any necessary changes for compliance with local MLS or other governing bodies.
16) Third-Party Compliance: Clients are responsible for adhering to all third-party rules and regulations, including MLS.Floor Plans: Floor plans are for illustrative purposes only, and Maxson Collective is not liable for inaccuracies.
17) Access and Liability: The payor is responsible for ensuring Maxson Collective’s access to photograph the property. Any issues will be the payor's responsibility.
18) Usage Rights of Media
a. License Grant: The client is granted a limited, permanent, and non-transferable license to use the media solely for the purpose of marketing and selling the specific property identified in the service agreement. This license does not permit sharing, transferring, or sublicensing of the media to any third party under any circumstances.
b. Restrictions on Use:
i. Media may only be used during the active sale of the property. Use of the media for any purpose beyond the sale (e.g., portfolio use, social media posts, marketing materials, or advertising campaigns) requires the purchase of an additional license.
ii. Any continued use of the media beyond the active sale period is strictly prohibited unless an extended license has been purchased.
c. Third-Party Use:
i. Media may not be transferred, sold, or provided to third parties, including but not limited to other real estate agents, agencies, or builders.
ii. If media is shared or used by any party other than the client, the original client remains fully liable for unauthorized use, unless the third party independently purchases the appropriate license.
d. Violation of Terms:
i. Any unauthorized use of the media, including use beyond the licensed term or for purposes not covered by the license, will incur a fee of $1,000 per day per photo or video used. This fee is considered a reasonable estimate of damages for the unauthorized use of intellectual property.
ii. The client agrees to pay all legal fees and costs incurred in enforcing these terms.
e. Client Responsibility:
i. The client is responsible for ensuring compliance with these terms, including notifying any third parties of the media's usage restrictions.
ii. Failure to comply with these terms, whether intentional or unintentional, constitutes a breach of this agreement.
f. Copyright Ownership: All media created remains the sole property of the photographer. No rights beyond those explicitly granted in this agreement are transferred to the client. The photographer retains the right to use the media for personal portfolio purposes, marketing, or promotional use unless otherwise agreed in writing.
g. Enforcement:
i. The photographer reserves the right to embed metadata, watermarks, or tracking mechanisms within the media to monitor unauthorized usage.
ii. The photographer may, at their sole discretion, issue take-down notices or pursue legal action against unauthorized use.
20) Customer Responsibility for Website Content: Customers are responsible for all data displayed on the property website. Maxson Collective holds no responsibility for this content.
21) Terms and Conditions Amendments: These terms and conditions are subject to change and should be reviewed prior to each booking.