HOMETRACK TERMS & CONDITIONS • •
Listing Products - Template Design Fee
New clients pay a one-time $50 template design fee for the design of your custom listing product template. This template will be used as a base for all printed listing product orders... brochures, fliers, postcards, etc.
Understanding Intellectual Property
A photograph or page design is considered intellectual property. Hometrack owns the copyright to both the designs created and the photographs taken by Hometrack. Hometrack maintains the right to license their use, unless exclusive rights have been purchased from Hometrack. Simply having physical possession of photographs or digital files does not grant the right to use them.
Photography
- Photo License: All images produced for an agent or broker (hereafter referred to as agent) are copyrighted by Hometrack and are licensed to that agent for six months or as long as the listing remains active with that agent. After that time, agent usage rights are terminated and agent agrees to remove all photos from the MRIS listing (with the exception of the ___). After license expiration, Hometrack reserves the right to sell usage rights for each photo to the new listing agent. The original agent will receive a one-time store credit for 20% of the selling price of each purchased photo.
- Agent Photo Usage: Agents may use the photos for any and all marketing materials and campaigns associated with the property and for the agent's self promotion. The photos may also be used by the agent's parent company for the sole purpose of marketing the specific property photographed. Please note however, that the image license is granted only to the agent and the agent's parent company and not to any third party. Any usage of the images by a third party, including but not limited to architects, builders, stagers, designers, sellers or buyers, is strictly prohibited unless approved in writing by Hometrack.
- Hometrack Photo Usage: Hometrack reserves the right to use any image for self-promotional purposes. Images used for Hometrack's self promotion will not be marked or labeled with any identifying information (ie. property address, agent, homeowner, or brokerage). Prints and printed materials using the photos may be offered to the homeowner.
- Photo Shoot: The photographer will expect to meet the agent or his/her representative at the property. Photographer will not enter an occupied property without an agent or representative present. Agent understands that a standard shoot takes approximately 60 minutes and should expect to be present in the property the entire time. Property should be presented in a clean, clutter-free condition. The photographer's work should be unencumbered by pets, children or prospective purchasers. (Please review our Successful Photo Shoot Preparation Checklist before scheduling your first photo shoot.) Should the photographer need to return to the property to re-shoot, or should his stay exceed the allotted 60 minutes for any reason outside the personal control of the photographer, the agent will be subject to an additional fee, and Hometrack will charge the agent's credit card or his/her company accordingly.
- Photo Delivery: By the end of the following busniess day, agents receive low-resolution images suitable for web and email. High-resolution photos (suitable for printing) can be requested from Hometrack at no charge. However, a CD of images will cost $25.
- Delay/Cancellation: Should the scheduled shoot be delayed for any reason, including agent's tardiness or the condition of the property, Hometrack will be entitled to an additional payment of $25 for each 30-minute interval of time beyond the scheduled start time of the shoot. Should the shoot be postponed at any time less than a full 24 hours before the scheduled shoot, the agent will be subject to a $50 cancellation fee, and Hometrack will charge the agent's credit card or his/her company accordingly.
- Inclement Weather Policy: In the event of inclement weather, the agent may call to cancel the photo shoot no later than 9:30am on the day of the scheduled appointment to avoid a cancelation fee. Agents canceling appointments after 9:30am will be subject to a $50 fee, and Hometrack will charge the agent's credit card or his/her company accordingly. If the agent chooses not to cancel the photo shoot, but is unhappy with the exterior photographs, agent may purchase and schedule an Exteriors Only photo shoot.
- Retouching: Color correction is included with every photo shoot. However, photo retouching (i.e. removing an object, adding sky, etc) is charged at a rate of $100/hour. Please review Photo Modification Ethics For Real Estate Photography before requesting any photo retouching. No alteration or manipulation of an image may be made without the permission of Hometrack.
Print & Web Products
- Copyright: Any material created by Hometrack is protected under copyright and cannot be reproduced without express written permission.
- Text: All text should be sent as a Word (.doc) or Text (.txt) document. We do not accept Word Perfect (.wpd) documents. Agents giving copy verbally or via fax will be charged a $25 typing fee. Text must be received before the first proof will be sent. Agent gives Hometrack the authority to charge the agent's credit card or company any additional charges incurred by the agent.
- Proof policy: Clients receive three low-resolution, marked proofs in the design and editing process. Additional proofs are $20 each. A high-resolution, printable PDF can be purchased for $30. A low-resolution, web-appropriate PDF can be purchased for $10.
- Rush policy: Next-day Turnaround will incur a rush charge of 40% of the print price.
For a Wednesday Open :
Photography must be scheduled and text received no later than the preceding...Tuesday next-day turnaround Products will be available for pickup, or...
Products may be couriered, for a fee.Monday two-day turnaround Friday three-day turnaround Items are shipped via UPS ground and are delivered to the Baltimore area the following business day.
For a Sunday Open :
Photography must be scheduled and text received no later than the preceding...Thursday next-day turnaround Products will be available for pickup, or...
Products may be couriered, for a fee.Wednesday two-day turnaround Tuesday three-day turnaround Items are shipped via UPS ground and are delivered to the Baltimore area the following business day.
- Cancellation: Hometrack must have a credit card number on file before any print or web materials will be produced. A cancellation fee (50% of the minimum required order total) will be charged if a product is canceled at any time after agent has received the first proof. The cancellation fee is also charged if product is not completed within 30 days of original order date. Said amount will be credited if or when the order is completed.
Payment Policy
- Unless otherwise noted, your credit card will be charged within 24 hours after the shipment of your item(s).
- All invoices are due upon receipt. There will be a $35 charge for all returned checks. Accounts not paid within 30 days are subject to a 0.83% monthly finance charge.
Liability
Hometrack shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the Hometrack's photographs or designs or other use. Agent agrees to pay for any legal and related expenses incurred by Hometrack or Craig Westerman in the pursuit of any breaches of copyright that were made by agent, agent's company, or agent or company's current or former employees.