Dale Simmons Photography Studios, LLC. 360º and 180º Pantograph virtual tours are displayed using “Flash Media” format requiring Adobe Flash Player by Adobe, “Java” Java by Sun Microsystems  (depending on the package purchased) and a compatible web browser is necessary. Dale Simmons Photography Studios virtual tours are best viewed at 1024 x 768 screen resolution and require a broadband connection.

 All virtual tours are hosted on Dale Simmons Photography Studios servers. Hosting outside of Dale Simmons Photography Studios servers can be accomplished through separate negotiation (See Sole Owner Client Policy). Any virtual tours hosted by Dale Simmons Photography Studios servers maintain the intellectual properties and copyrights of Dale Simmons Photography Studios, LLC and shall not be modified, reproduced or distributed without the exclusive permission of Dale Simmons Photography Studios.

The “Client” is a person or company who engages the professional services of Dale Simmons Photography Studios.

All Virtual tours remain hosted for a period of one (1) year, at which time the “Client” will be afforded the opportunity to keep it available for a renewal fee of $35.00/yr.

There are no refunds; however Dale Simmons Photography Studios may upon our discretion provide virtual tour credits.

Upon approval by the “Client” of a produced virtual tour and uploaded to our server the virtual tour order is considered finalized, the tour cannot be modified without incurring additional fees. There is a charge of $25 to modify a Virtual Tour once finalized per instance.

Sole Owner Client Policy

Sole ownership of a virtual tour is available through separate negotiation in which all references and copyrights to Dale Simmons Photography Studios are removed and customization to the Sole Owner “Client” is accomplished. Upon delivery of a “Sole Owner Client” virtual tour, Dale Simmons Photography Studios has no legal rights or further obligations to said virtual tour. Dale Simmons Photography Studios is not responsible for any modifications made to a finalized “Sole Owner Client” virtual tour. “Sole Owner Client” virtual tour is not hosted on Dale Simmons Photography Studios servers. A Sole Owner Client can request modifications to a delivered virtual tour. This process is classified a “SOC Revision” and will incur a $50.00 charge per instance. Upon delivery of the SOC Revision the “Sole Owner Client” policy is again active.

DSE Virtual Tour Productions Services:

1. Copyright Materials: Dale Simmons Photography Studios cannot accept or add any copyrighted photos to a virtual tour without the written consent of the “Client” expressly stating that the “Client” has permission to use or owns the copyrights on all images provided to Dale Simmons Photography Studios. 
2. Photography Credits: Dale Simmons Photography Studios does not publish the name of the photographer. Photography is provided by Dale Simmons Photography Studios, the virtual tour will say “Professional photography services provided by Dale Simmons Photography Studios.” With a small Dale Simmons Photography Studios logo.
3. Turn-Around Time: Dale Simmons Photography Studios guarantees 48 hour turnaround time for standard commercial business virtual tours and 24 hour turn-around-time for standard real-estate.
4. Non-standard turn-around-time: Dale Simmons Photography Studios turnaround time for non-standard commercial business virtual tours will be stated in the Dale Simmons Photography Studios Proposal. Non-standard are productions deemed custom and containing multi-scenes (more than 5). An order qualifies as “In Progress” upon finalization of the order. Turn-around-time starts at the end of all photography requirements at the location of the shoot.
5. Payment(s): All payment(s) for service is net 30 from final delivery unless other arrangements have been made and stipulated in the agreement.
6. Late Payment(s): All payment(s) are due net 30.  A late charge assessment will be applied to any and all completed service agreements as follows; 31-59 days 5% assessment of total invoice, 60 to 89 days 10% assessment of total invoice, 90 to 119 days 25% assessment. All late fee assessments will be noted on the “Delinquent Invoice” notice, subject virtual tour will be deactivated on DSE Virtual Tour servers $25.00 reactivation fee is imposed. 120 days and on legal action will be initiated.

Photography Services:

1. “Client” understands that there are four (4) types of photography offered by Dale Simmons Photography Studios; Partial, 180º, 360º Panoramic Photography and Single Shot Multiples Photography (special conditions 1080p HD video is used but not normally in a standard virtual tour). Triple stack stitched panoramic photographs are offered on a “Request for Quote” basis. 
2. It is understood that any and all originals, proofs, sample prints, and digital representations remain the property of Dale Simmons Photography Studios, and may be used for advertising, display or any purpose thought proper by Dale Simmons Photography Studios.
3. Virtual Tour photography is conducted during the daytime hours or 9:00am to 6:00pm, Monday through Saturday. “Client” understands that it can be very difficult to balance the strong daylight outside with the interior lighting of a business or real estate, which may result in bright windows. Our photographers do their best to avoid overexposing the windows; however, it is sometimes necessary in order to expose the interior of a property properly. 

Property Preparation

“Client” agrees that the property will be ready for photography to commence when photographer arrives for the scheduled appointment. Items in the interior not intended to be in the photographs will need to be stored out of site before the photographer arrives. All lights should be turned on in the interior of the property being photographed. Exterior should be clear of any debris and any area “client” does not want to be in the photograph must be communicated to the photographer upon arrival. All exterior beautification enhancements such as waterfalls, pools, hot tubs and alike should be turned on to enhance the impact of your property in the virtual tour. Remove any and all outside maintenance equipment the day of the shoot.

Order and Scheduling

1. Photo sessions must be scheduled with Dale Simmons Photography Studios personnel via phone or the Dale Simmons Photography Studios website Virtual Tour ordering process. 
2. When ordering photography service for multiple properties, each residential address (whether a duplex or neighbouring home) is considered a separate location and requires a separate order. This policy applies regardless of the square footage or number of photos requested. 
3.  “Client” agrees to defend and hold Dale Simmons Photography Studios and photographer harmless regarding any damage to property or furniture, including accusations of theft. In the event that photographer accidentally breaks or otherwise damages personal property while in the course of photographing the property, “Client” agrees to reimburse seller for any and all expenses involved and will not demand reimbursement from Dale Simmons Photography Studios or photographer. 
4. “Client” agrees to include the following copy along side, on top, or underneath any photo provided by Dale Simmons Photography Studios in “Client’s” advertising: Photography by DSE Virtual Tour Productions”.
5. “Client” agrees to pay an automatic rescheduling fee of $25.00 for any orders rescheduled less than 24 hours in advance.
6. “Client” agrees to pay an automatic cancellation fee of $50.00 for any cancellations not made at least 24 hours prior to the scheduled photo shoot.
7. In the event that nobody shows up at the property to assist the photographer with access, photographer will wait 15 minutes, before leaving. “Client” agrees to pay an automatic cancellation fee of $50.00 for any missed appointments. 
8. “Client” agrees to notify Dale Simmons Photography Studios if “Client” is running late. Whenever possible, photographer will wait at the property until “Client” arrives. “Client” understands that photographer may have another appointment immediately following and may not be able to wait or complete the photo shoot. If “Client” chooses to reschedule photo shoot, the reschedule fee of $25.00 is required. 
9. “Client” agrees to provide Dale Simmons Photography Studios with all necessary contact information, so that in the event the photographer is lost or otherwise late, Dale Simmons Photography Studios or Photographer can contact “Client”.  
10.  When specifically requested to do so by the “Client”, and to the best of its ability, Dale Simmons Photography Studios will digitally remove certain objects (whether permanent or temporary) from a photograph. However, Dale Simmons Photography Studios strongly advises against the use of such photos for advertising purposes if what is being advertised is false or misleading in any way, and Dale Simmons Photography Studios is not responsible or liable for the way in which a photo may be used by the “Client”. Editing fees apply ($100/hr in 15 minute increments). 
11. Dale Simmons Photography Studios may offer special discounts and promotion codes. These discounts and promotions are considered courtesy offers and do not represent an actual dollar value. They are temporary in nature and may not have a published expiration date. Therefore, terms and conditions of these promotional offers are not always posted and are subject to change without notice. 
12. If “Client” requests a specific photographer, Dale Simmons Photography Studios will always do its best to accommodate it, however we cannot guarantee a specific photographer. In such cases when your scheduled photographer is not available, we will always do our best to make sure another photographer can accommodate the scheduled time. All Dale Simmons Photography Studios Photographers undergo the same qualification process and training, and are equipped to provide you with high quality images. 
13. When Photography Services are ordered, Dale Simmons Photography Studios strongly recommends that the home owner or the “Client” is present while photographing the property. If neither “Client” nor homeowner is present at the time the tour is photographed, and the “Client” has made no prior requests regarding shot selection, the shots taken will be at the discretion of the photographer. Dale Simmons Photography Studios claims no responsibility for the photographer’s selection of shots except in cases of extreme negligence.
    Acceptance of these Terms and Conditions or separate negotiations of these Terms and Conditions must be agreed to by the “Client” and “Client” signature and date of acceptance is required before any activity can commence.  

     

      

     

Signature________________________________    Date _______________

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