Rhetthouse Media Terms & Conditions
Last Updated: September 07, 2024
Welcome to Rhetthouse Media's website (www.rhetthousemedia.com). By accessing or using our services, you agree to be bound by these Terms & Conditions, including our Privacy Policy, Cookie Policy, Copyright Policy, and any other relevant policies. Please review them carefully before using our services.
1. Definitions
In these Terms & Conditions, the following terms shall have the meanings assigned to them:
2. Artistic Style
By hiring Rhetthouse Media, the Client acknowledges that they have reviewed the Company’s portfolio and are familiar with the artistic style of our work. The Company maintains the right to use its discretion in creating media that fits within its professional standards and artistic direction. Requests for changes to the creative direction are subject to additional charges.
The Client acknowledges that Rhetthouse Media specializes in a particular style of photography and videography. While the Company will make reasonable efforts to accommodate the Client’s preferences, the Client agrees to allow the Company to exercise creative judgment in the production and editing of Media. The Client understands that the Company’s style may not be to their personal taste, and no refunds or reshoots will be provided on this basis. Given the artistic nature of the services provided by the Company, the Client acknowledges that the Company’s artistic style can and does evolve over time. The Client accepts this as the norm and acknowledges and agrees that any Media provided is not subject to rejection or cancellation based solely on the style, aesthetic, editing or delivery of the media.
While the Company will make every reasonable effort to accommodate the Client’s style preferences, any unresolvable differences in artistic style, aesthetic or expression will ultimately be resolved by canceling the services and refunding any unused deposits or payments. Further, the Client agrees to relinquish all rights they may have to the Media and agrees that they will not, under any circumstances, use, or cause to be used, any Media created or delivered unless agreed upon separately in writing and paid for upon delivery.
3. Scheduling and Appointments
Appointments must be scheduled in advance, subject to the availability of the Company. The Client agrees to be present at the scheduled location and time, or to ensure that the required permissions for access are arranged.
Appointments for photography and videography sessions must be scheduled through the Website or by contacting the Company directly. The Client is responsible for ensuring the availability of the property or location at the scheduled time. Any changes to the appointment must be communicated at least 48 hours in advance.
The Client is responsible for ensuring that the property (when scheduling for real estate media services) is clean, orderly and ready for the scheduled appointment. The Company is not responsible for cleaning or staging the property for the Media shoot.
Any Client-provided locations, props, media, sets, costumes, clothing, etc are the responsibility of the Client and the Client will ensure that the same are in “ready” condition for the purposes of the Media session or shoot. The Company cannot be held liable or responsible for any client-provided materials or locations that are deemed unacceptable by the Client.
The Company cannot be held responsible for delays due to weather, property-owner issues, acts of God, or other unforeseen circumstances that are out of the Company's control.
At this time, the Company is not instituting a cancellation or rescheduling fee. This is subject to change in the future.
Depending on the location and distance from the Company’s primary location, the Company reserves the right to charge a travel fee. Any such fees will be communicated in advance and agreed upon before services are rendered.
4. Payment
Full payment is due upon booking or prior to the delivery of any final media, unless otherwise agreed in writing. Failure to provide payment may result in delayed delivery or cancellation of the project. Payment terms will be specified in the invoice provided.
The Company accepts various forms of payment as indicated on the Website. In the event of non-payment, the Company reserves the right to withhold delivery of the Media until full payment is received.
The Company uses third-party payment processors to collect payments. The Company does not collect, retain or store any payment information on its servers or records.
5. Delivery and Acceptance of Media
The Company will deliver the final Media to the Client through the agreed-upon method, which may include digital download or physical delivery. The Client has 7 days to review the Media and request any minor edits. After this period, the Media is considered accepted, and no further changes will be made without additional charges.
6. Single Property Website Hosting
For real estate media, the Company may offer single property websites as part of its service. The hosting of such websites is guaranteed for twelve (12) months from the date of creation, after which the Company reserves the right to remove or archive the content unless otherwise specified in writing. After the hosting period ends, the website will be taken offline unless the Client renews the hosting service.
7. Property Access and Preparation
The Client is responsible for ensuring that the property is ready for photography or videography at the scheduled time and accessible with proper permission from the property owner. This includes cleaning, organizing, and making any necessary repairs. The Company is not responsible for any issues arising from the property’s condition or cleanliness. Any delays or rescheduling caused by lack of access or preparation may result in additional charges at the Company’s discretion.
8. Right to Cancel Appointment and Right to Refuse
The Client may cancel an appointment by providing at least 48 hours' notice. The Company reserves the right to cancel an appointment due to weather, lack of property access, or other unforeseen circumstances. The Company reserves the right to refuse to provide its products or services to any Client or prospective Client for any reason or without reason and at the sole discretion of the Company.
9. Copyright License
Upon full payment, the Client is granted a limited, non-exclusive, non-transferable, royalty-free license to use the Media for the Client’s intended purpose. The Company retains all copyright and intellectual property rights in the Media. The Client may not sell, license, or otherwise distribute the Media without the Company’s prior written consent. Further, the Client may not alter or create derivative works from the Media without the written consent of the Company. For real estate related media, the Client may, however, use the media for their promotional purposes to promote their business and services to the public. This consent does not constitute a perpetual or exclusive license of the Media nor does it transfer ownership of the Media to the Client.
The Company reserves the right to use the media for promotional purposes, unless otherwise agreed in writing.
10. Legal
These Terms & Conditions are governed by the laws of the State of Texas. The Company and the Client agree to make good faith efforts to resolve any disputes mutually or through mediation before resorting to legal proceedings. Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The Company’s liability for any claim related to the services provided shall be limited to the amount paid by the Client for those services. By using our services, the Client agrees to indemnify and hold harmless the Company from any claims, liabilities, or expenses arising from their use of our services or the media we provide.
Neither party shall be liable for any delay in performance or non-performance of obligations if such delay arises from events or circumstances beyond the reasonable control of either party. Any such delay or inability to perform will not be deemed a breach of these Terms & Conditions and the time to perform obligations will be extended by a period equal to the length of the delay.
If any of the provisions of these Terms & Conditions are held to be illegal or unenforceable, the remainder of these Terms & Conditions will remain in full force and effect.
For more information, please refer to our [Privacy Policy], [Cookie Policy], and [Copyright Policy], available on our website.
