Bird Solutions

Terms & Conditions

1. Terms


Bird-Solutions is an Independent Contractor. Nothing contained in this document will be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship. Both parties represent that they are fully and legally authorized and empowered to enter into this Agreement, and that the performance of the obligations under this Agreement will not violate or infringe upon the rights of any third party or violate any Agreement between the parties and any other person, firm or organization or any law or governmental regulation. This Agreement remains in full force and effect until the Independent Contractor has completed the services.

2- Liability

Except with respect to the parties’ indemnification obligations, neither party shall be liable to the other for any special, indirect, incidental, punitive, or consequential damages arising from or related to this Agreement, including bodily injury, death, loss of revenue, or profits or other benefits, and claims by any third party, even if the parties have been advised of the possibility of such damages. The foregoing limitation applies to all causes of action taken together, including without limitation to breach of contract, breach of warranty, negligence, strict liability, and other torts. 

3- Confidentiality

Each party agrees to hold and treat all confidential information of the other party including, but not limited to trade secrets, sales figures, employee and customer information and any other information that the receiving party reasonably should know is confidential as confidential, and protect the information with the same degree of care as each party uses to protect its own confidential information. Confidential Information does not include any information that at the time of the disclosure or thereafter is lawfully obtained from publicly available sources generally known by the public.

4- Non-performance

Favorable weather conditions are essential for the completion of the services due to the aeronautical nature (Visual Flight Rules – VFR) of the services. The Independent Contractor shall notify the other party of any adverse weather conditions or any Federal Aviation Administration NOTAM. (A Notice To Airmen or NOTAM is a notice containing information not known sufficiently in advance to publicize by other means concerning the establishment, condition or change in any component, facility, service, procedure or hazard in the National Airspace System). This may involve change(s) to the service schedule that could adversely affect the availability of the Independent Contractor or due dates, unknown at the time of this Agreement.

5- As Is - Photo Ready 

Bird Solutions will not perform cleaning and decluttering services. Photographers will photograph the property as is and will not move furniture or objects. We provide the client with a job description and a photography preparation checklist to make sure we can get the best results out of our services. Any return to the property for a re-shoot will require a $150 fee, unless previously stated otherwise by the photographer. To avoid a re-shoot and fee, we advise that the property is photo-ready before the shoot and that the client conveys any specific shot requests to the photographer. 

6- Payment Criteria

 

Bird-Solutions shall issue invoices for the completion of the services hired, unless otherwise instructed. Balance shall be paid in full within 3 days of delivery of the final product.

 

7- Cancellation Policy

If client needs to cancel an appointment, Bird Solutions requires a minimum of 24hs notice. Otherwise, a $100 fee will be charged. 

8- Use of Photos and Videos

Bird Solutions maintains the right to use any and all photographs, virtual tours or videos taken by Bird Solutions for its own marketing and promotional use. This includes posting pictures and/or videos on social media and any other online portal.

9- Image Delivery

Once the photography session ends, we will coordinate file sharing through our photography On-line Gallery. We host the files online for 14 days. It is your responsibility to download the files within that period of time. You will have your own private online folder where you will be able to download every single image and/or video to your smartphone/desktop computer.

This Agreement is to be governed by and construed in accordance with the laws of the State of Florida without reference to any principles of conflicts of laws, which might cause the application of the laws of another state. Any action instituted by either party arising out of this Agreement will only be brought, tried and resolved in the applicable federal or state courts having jurisdiction in the State of Florida.

 

Your acceptance will acknowledge that you have read, understood and agreed to the terms and conditions.

sales@bird-solutions.com       Tel: 239-565-4339

Sarasota, Florida - USA

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© 2018 by Tomas Photography LLC

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