Photography Services Agreement
This Photography Services Agreement (“PSA”) is made and effective as of the date of the signature (“Effective Date”) and is entered into by and between The Client (“hotel”, “property”, “location”) and the Photography Service Provider (“PSP”, “CS3Design Inc.”, “CS3 Photography”). Client and PSP are individually referred to as a “Party” and collectively referred to herein as the “Parties”.
Client Obligation
The Client is responsible for all prepping and preparing of photo-shoot location prior to the arrival of the photographer. The photographer must be able to begin shooting no later than 30 minutes past the point of arrival or the PSP reserves the right to call off the photo shoot which may result in fees that are reflected in the Cancellation section. If the Client and the PSP do not agree to an exact amount of photos prior to arrival, the PSP will not be held liable for a photo count which would be less than expected. If the PSP is not provided with a shot-list prior to arrival, it will be at the discretion of the onsite photographer & onsite management to decide what is shot.
Client acknowledges and agrees that the PSP is contracted solely to capture professional photography of the property as-is and does not provide any cleaning, staging, decluttering, or property preparation services. It is the Client’s sole responsibility to ensure the property is fully photo ready prior to the scheduled photoshoot date. Failure to properly prepare the property may impact the quality or completeness of the resulting images, for which the PSP will not be held responsible.
To ensure optimal results, the Client agrees to complete all necessary preparation in advance of the photoshoot, including but not limited to the following:
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- Parking Lot Access: Block off or reserve the parking lot, if possible, to ensure unobstructed views and minimize vehicle presence during the shoot.
- No Concurrent Projects: Confirm that no construction, maintenance, landscaping, painting, renovation, or other work is scheduled to take place on the date of the shoot.
- Guestroom Preparation: Ensure all guestrooms and areas to be photographed are thoroughly cleaned, organized, and photo ready prior to the photographer’s arrival.
- Remove Temporary Items: Remove all seasonal or holiday decorations, temporary signage, and hotel-branded paper promotional materials (such as tent cards, flyers, or countertop displays).
- Eliminate Dated Elements: Remove or conceal any items that could date the imagery, such as old promotional collateral, technology, or signage referencing past events.
The Client understands that the PSP’s role is to document the property in its prepared condition. Any delays, reshoots, or additional editing required due to inadequate preparation will be subject to additional fees as outlined in the service agreement.
PSP Obligation (Google Street View Virtual Tours)
The Client acknowledges and agrees that the PSP shall not be held responsible or liable for any modifications, updates, or changes made by Google LLC, Alphabet Inc. (its parent company), or any of their affiliates to any layout, interface, functionality, or application associated with the Google platform. This includes, without limitation, any changes that may affect the hosting, presentation, visibility, or performance of the imagery captured and submitted by the PSP. The PSP has no control over such third-party platforms and disclaims all liability arising from any alterations, restrictions, or deprecations implemented by Google or its parent entities.
The PSP does not provide stitched panoramic imagery to the Client as part of the standard deliverables. Should the Client require stitched panoramas for integration into any third-party applications, such deliverables must be purchased separately under the PSP’s then-current pricing and service terms.
PSP Obligation (Professional Photography)
The Client acknowledges and agrees to the following terms and conditions governing the professional photography services provided by the Photography Service Provider (“PSP”):
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- Scheduling and Communication
All scheduling, coordination, and related communication between the Client and the PSP must be conducted exclusively via email. Verbal or text message communications shall not constitute official confirmation of a photoshoot date or change request. - Scheduling Expiration and Reinstatement Fee
If a photoshoot is not scheduled and completed within one (1) year from the date of payment and signed agreement, the booking will be considered expired. To reinstate the project, the Client will be subject to a Reinstatement Fee, the amount of which shall be determined by the PSP at the time of rescheduling, based on current rates and scheduling availability. - Post-Shoot Image Review and Selection Process
Following the completion of the photoshoot, the PSP will review and curate the captured imagery. Unless the Client has otherwise notified the PSP in advance and in writing, the PSP will, at its sole discretion, select and edit the photographs to be delivered to the Client. - Client Image Selection (Contact Sheet Option)
Should the Client wish to review the unedited imagery and make its own selections, the Client must notify the PSP in writing via email at any point during the scheduling process, but no later than the day of the photoshoot. Upon such notice, the PSP will provide a contact sheet following the photoshoot for Client review and image selection. PSP will deliver the contact sheet within 72 hours of the photoshoot date. - Photo Swapping and Substitution Requests
If the PSP has selected the final images on behalf of the Client and the Client later requests alternate angles, compositions, or image replacements, each requested photo swap will incur an additional fee of $50 per image. Upon such request, the PSP will issue a contact sheet corresponding to the deliverable album for Client reference. - Delivery and Publication Authorization
If the Client elects not to receive a contact sheet for image selection, the Client expressly authorizes the PSP to finalize, edit, and deliver the completed imagery directly to the Client. - Post-Production Editing, Limitations, and Additional Requests
The PSP retains sole discretion in determining the scope and extent of post-production editing that can be reasonably performed following the photoshoot. The Client shall be entitled to two (2) rounds of edit requests after delivery of the initial images. Any further edit requests beyond the two rounds shall incur an additional charge of $50 per image request or as quoted by the PSP. The Client acknowledges that not every image can be edited to appear entirely realistic due to limitations of source material, lighting, or structural conditions, and that the PSP makes no guarantee of perfection or full realism in post-produced imagery. - Post-Production Liability and Content Alteration Disclaimer
The PSP is not responsible or liable for any perceived or actual false advertising, misrepresentation, or negative consequences arising from edits, retouching, or image alterations performed during the post-production process. The PSP may, in its professional discretion, remove or modify items such as exit signs, smoke detectors, fire alarms, cords, clocks, other alarms, electrical outlets, or other distracting elements, and may utilize AI-assisted software or digital enhancement tools to accomplish such edits for aesthetic purposes. The Client acknowledges that such modifications are performed solely for visual presentation and waives any and all claims against the PSP arising from or related to the removal, modification, or addition of any content within the images. The Client further agrees to indemnify, defend, and hold harmless the PSP from any and all claims, losses, or liabilities resulting from the use, publication, or display of edited imagery by the Client.
- Scheduling and Communication
General
The PSP will provide any and all edited and completed imagery to the Client upon request after initial upload and delivery of imagery to their respective domains shall be completed. The PSP is not required to provide unusable and/or unedited image files to the Client. The PSP is not required to send physical files (compact disc, flash drive, printed imagery), but upon request is required to send digital copies of all edited and/or completed imagery to the Client. The PSP reserves the right to refuse sending of any unedited or raw imagery. The Client is required to complete 100% of the payment before the scheduling the photoshoot. If paying by business or personal check, the amount must be made out to no other than CS3Design Inc. and mailed to 1211 FL-436, STE 217, Casselberry, FL 32707
Cancellation
- Rescheduling Outside of 48 Hours
The Client may alter or reschedule the confirmed photoshoot date and/or time at any time more than forty-eight (48) hours prior to the scheduled shoot start time without penalty or additional fee, subject to the PSP’s availability to accommodate the new date and time. This does not apply if the photographer is flying out to perform the photoshoot. If the Client is rescheduling a photoshoot where the photographer is flying, all travel fees must be reimbursed by the Client. - Cancellations or Changes Within 48 Hours
If the Client cancels, postpones, or requests to alter the scheduled photoshoot date and/or time within forty-eight (48) hours of the confirmed shoot start time, the Client shall be responsible for covering the costs incurred by the PSP in connection with the assignment, including but not limited to photographer scheduling, coordination, and administrative costs. Such fee shall not exceed five hundred dollars ($500.00) unless additional travel-related costs were previously agreed upon between the Client and the PSP in writing. - Previously Agreed Travel Costs
If travel arrangements (including but not limited to airfare, lodging, car rental, or other travel-related expenses) were pre-approved and incurred by the PSP on behalf of the Client, those travel costs shall be added to the cancellation or rescheduling fee described above and shall be payable in full by the Client. - Failure to Provide Notice
Failure to provide timely notice of cancellation or rescheduling within the specified 48-hour window shall constitute a late cancellation, and the Client shall remain liable for all applicable cancellation fees, including any pre-approved travel costs. - Force Majeure
In the event that a photoshoot must be postponed or canceled due to circumstances beyond the reasonable control of either party (including but not limited to natural disasters, government restrictions, acts of God, or other unforeseen emergencies), both parties agree to make reasonable efforts to reschedule the photoshoot without penalty.
Refunds
The PSP will refund all pre-paid service fees to the Client (but will have no further liability with respect to the agreement) if the imagery does not satisfy the Client to a reasonable degree and no reason of effort for rectification was made by the PSP. The Client is not entitled to any refund if the cause is a change in any Google or 3rd party platform. The Client understands that the PSP is purely a photography resource and cannot be held liable for any changes made by any 3rd parties outside of the PSP. If the Client prepays for any photo shoot, the Client has 1 year from the date of completed payment for the shoot to occur. In the event that the Client wants to cancel services with CS3, the Client has 30 calendar days from the date of completed payment to request a refund less 5% of the overall shoot cost. After 30 calendar days, from the date of completed payment, the prepayment amount is nonrefundable. Refunds will not be provided within 48 hours of a scheduled shoot. Refunds will not be provided within 48 hours of a scheduled shoot. Neither the PSP nor Client can predict future events and global circumstances, therefore the shoot must occur within 6 months of the date of payment to secure the price on the Agreement. If the shoot does not occur within 6 months, the Client must pay for the difference between the contract price and the current market price if that has changed. No refunds will be given. Exceptions may apply for a new build, major renovation, or other event where the shoot will not take place within the 6 month period. This exception is the decision of PSP.
License
Once payment has been processed, the client will own full photography rights to all produced imagery. CS3Design Inc. also reserves the right to publish the imagery in a portfolio or social media setting. The Client owns only the produced, edited, & delivered imagery, not the application(s) or the means to which the finalized product or products was produced. The Client does not own any source files nor does the Client own any source code. The PSP reserves the right to refuse delivery of any unedited imagery, or unedited similar angles. The Client understands that the PSP will overshoot & take more images than necessary while on-site, however is not obligated to deliver every photo, only that of which is mentioned in the SOW or Project Details Section.
Insurance
CS3Design Inc. will carry comprehensive general liability insurance coverage for photography related activities on the business’ premises. In the case of using 3rd party subcontractors to complete necessary photography, CS3Design Inc. is not responsible for any action taken on site that might result in medical or legal matters.
Entirety
This agreement will be governed by, and construed in accordance with the laws of the State of Florida, without giving effect to the principles of its conflict of law provisions. The parties to this agreement agree and consent to the jurisdiction of and venue in the state of federal courts in Florida in all disputes arising of or relating to this agreement. In the event that any provision of this agreement is declared invalid or void by statute or judicial decision, such action shall not invalidate the entire agreement. It is the express intention of the parties that all other provisions not declared invalid or void shall remain in full force and effect. The failure by either party to act with respect to a breach by the other shall not constitute a waiver to the right of act with respect to subsequent or similar breaches. Any modification of this agreement must be (a) pre-approved by CS3Design Inc. in writing and (b) reflected in a written agreement that is signed by both PSP and the Client. This agreement constitutes the entire agreement between both parties.