Terms and Conditions
By engaging the services of Martin Thomas Photo - Martin Merenyi, you ("Client," "you," or "your") agree to be bound by the following Terms and Conditions. Please read these terms carefully before booking our services.
Scope of Services
I provide professional real estate photography, virtual tours, and interactive floorplans as specified in the service agreement or booking confirmation. The specific deliverables, including the number of photographs, virtual tours, or floorplans, will be outlined in the service package selected by the Client.
Ownership and Licensing of Photographs
The Photographer retains full ownership and copyright of all photographs delivered to the Client. Upon full payment for the services rendered, the Client is granted a non-exclusive, non-transferable, perpetual license to use, reproduce, distribute, and display the photographs solely for the purpose of selling, renting, or presenting the specific real estate property photographed. This includes use on web platforms, the Client’s own website, brochures, and other materials directly related to the marketing of the property. The Client is expressly prohibited from using the photographs for advertising or promoting their own company or brand, including but not limited to use on billboards, company marketing materials, or other promotional media unrelated to the specific property.
An unlimited license, allowing broader use of the photographs (including for company advertising or other purposes), may be purchased separately at an additional cost, as agreed upon in writing with the Photographer.
The Photographer retains the right to use the photographs for portfolio, marketing, or promotional purposes unless otherwise agreed in writing with the Client.
Deliverables
The Photographer will deliver photographs in JPG format, optimized for both web use and small print applications (e.g., brochures, flyers). The specific resolution and file size will be suitable for online listings and standard print marketing materials, as outlined in the service agreement.
Virtual tours and interactive floorplans will be delivered as hosted links or, if purchased for self-hosting, as downloadable files in the format specified in the service agreement.
Additional higher quality photograph files, suitable for large-format printing (e.g., billboards or other advertising materials), may be purchased separately, together with a license granting permission for use in company advertising or promotional materials, as agreed upon in writing with the Photographer.
Virtual Tours and Interactive Floorplans
Hosting Period: Virtual tours and interactive floorplans will be hosted by the Photographer on Panoee.com and Cubicasa.com for a standard period of six (6) months from the date of delivery, unless otherwise specified.
Extension of Hosting: Hosting beyond the initial six-month period is available at an additional cost, as outlined in the service agreement or upon request. The Client must notify the Photographer in writing at least 14 days prior to the expiration of the hosting period to arrange an extension.
Self-Hosting Option: The Client may purchase the virtual tour or interactive floorplan files for self-hosting at an additional cost. Once purchased, the Client is responsible for hosting, maintaining, and managing these files.
The Photographer is not responsible for technical issues, downtime, or data loss related to self-hosted virtual tours or floorplans.
Drone Photos and Videos
Drone photos and videos are available where legally permitted in accordance with the regulations of the Agencia Estatal de Seguridad Aérea (AESA). These services are offered at an additional cost, as agreed upon in writing with the Photographer. Point 2 of T&C applies to all media.
Property Readiness
The Client is responsible for ensuring the property is photo-ready upon the Photographer’s arrival. This includes, but is not limited to, cleaning, staging, and removing any clutter or personal items that may detract from the presentation of the property.
If the property is not photo-ready, the Photographer reserves the right to reschedule the session or proceed with the shoot as-is, at the Client’s discretion. Additional fees may apply for rescheduling or extended shoot times due to unpreparedness, as outlined in the service agreement.
Payment Terms
Full payment is required prior to the delivery of photographs, virtual tours, or interactive floorplans, unless otherwise agreed in writing.
Payments are non-refundable once the photography session has been completed, except as outlined in Section 8 (Cancellations and Refunds).
Any additional services, such as hosting extensions or self-hosting file purchases, will be invoiced separately and must be paid in full before delivery.
Scheduling and Delays
Photography sessions are scheduled based on mutual agreement. The Client must provide accurate property details and access instructions at the time of booking.
Delays caused by the Client (e.g., late access to the property or unforeseen issues with property readiness) may result in additional fees or rescheduling, subject to the Photographer’s availability.
Cancellations and Refunds
Cancellations made at least 48 hours prior to the scheduled session are eligible for a full refund, minus any non-refundable deposits or processing fees.
Cancellations made less than 48 hours before the session may incur a cancellation fee, as outlined in the service agreement.
No refunds will be issued for completed photography sessions or delivered products.
Liability
The Photographer is not liable for any damages, losses, or claims arising from the Client’s use of the photographs, virtual tours, or interactive floorplans.
The Photographer will take reasonable care during the photography session but is not responsible for any damage to the property or its contents during the shoot.
Force Majeure
The Photographer is not liable for delays or failure to perform services due to circumstances beyond our reasonable control, including but not limited to natural disasters, equipment failure, weather, or other unforeseen events.
Intellectual Property
Except for the limited license granted to the Client for the photographs upon full payment, all other intellectual property, including but not limited to editing techniques, software, and creative processes, remains the property of the Photographer.
Virtual tours and interactive floorplans remain the intellectual property of the Photographer until purchased for self-hosting by the Client.
Client Responsibilities
The Client is responsible for obtaining any necessary permissions, permits, or consents for the Photographer to access and photograph the property.
The Client must inform the Photographer of any specific requirements or restrictions (e.g., homeowner preferences or HOA regulations) prior to the session.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Tenerife, Spain. Any disputes arising from these terms will be resolved in the courts of Tenerife, Spain.
Amendments
The Photographer reserves the right to update or modify these Terms and Conditions at any time. Clients will be notified of any changes that affect their booked services.
Contact Information
For questions, concerns, or to schedule services, please contact us at:
Email: info@martinthomasphoto.com
Phone: +34 613 711 334
By booking our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.