Pacific Executive Media Service Agreement

By requesting and scheduling the Pacific Executive Media services provided by Pacific Executive Consulting LLC (COMPANY), CLIENT agrees to the following Service Agreement.

1. Scope of Work:

COMPANY shall provide services and products related to a virtual tour photography shoot (hereafter “shoot” or “the shoot”) to take place at the time and place reserved using Company’s online booking system.

COMPANY agrees to provide the number of proofs for CLIENT necessary to capture the desired internal and external property square footage to view after the shoot, and is not required to provide more than this number of images. COMPANY will perform all post-processing or digital image editing services as required to create a virtual tour.

2. Fees:

2.1 - In consideration for the photography services provided by COMPANY, CLIENT agrees to pay the sum of the chosen packages and add on a la carte items listed on the 3-dtours.com website or as agreed to in writing. For project sums greater than $1000, CLIENT agrees to pay the COMPANY a non-refundable deposit totaling 50% (fifty-percent) of the total price of the photography services prior to the shoot taking place. CLIENT agrees to payment in full for photography and virtual tour services upon approval of proofs and prior to publishing of any virtual tours or still photographs for public consumption, and prior to delivery of full resolution 360 degree panoramas and still photographs.  CLIENT understands that failure to provide payment in full may result in suspension or cancellation of virtual tour hosting by COMPANY.  If CLIENT desires virtual tour to remain published after the initial 3 month free hosting period, CLIENT agrees to pre-pay ongoing monthly virtual tour hosting fees via automatic recurring charge to credit card or ACH on file.

2.2 - 100% Satisfaction Guarantee: If CLIENT is not satisfied with photo proofs and/or draft virtual tour provided by COMPANY, CLIENT will immediately notify COMPANY of specific desired revisions.  CLIENT may request two rounds of revisions at no additional charge.  Beyond the first two rounds, CLIENT agrees to pay for additional rounds of revisions at $5 (five dollars) per revision per photo or panorama.  After the first two and/or additional rounds of revisions, if CLIENT and/or COMPANY determine CLIENT’s satisfaction is not possible, COMPANY will refund CLIENT for any payment(s) made minus travel costs, and CLIENT will return or delete any proofs and other work product from COMPANY.  Once CLIENT is 100% satisfied, CLIENT will only then approve publishing of any virtual tours or still photographs for public consumption, and/or accept delivery of full resolution 360 degree panoramas or still photographs.

2.3 - Cancellation Policy: CLIENT agrees to notify COMPANY at least 1 business day prior to any scheduled appointment to avoid $29 travel fee. This fee will also be incurred if COMPANY cannot access the property or the property is not prepared for the SHOOT.

2.4 - Collections or Legal expenses incurred: In the event that COMPANY must resort to collections or legal action in order to collect on any payments due, CLIENT agrees to reimburse COMPANY for all costs incurred to recover any and all payments due, including but not limited to all collections, attorney’s fees and other expenses.

3. Work Product

COMPANY will deliver proofs of photos to CLIENT typically within 1-2 business days and no more than 10 business days after the date of the SHOOT. CLIENT understands and agrees that proofs are the exclusive property of COMPANY and CLIENT has no right to these photos except for a license to review them, but not store the proofs.

COMPANY agrees to license photos and virtual tour to CLIENT from the SHOOT. All photos delivered to CLIENT are licensed for CLIENT’S personal and company use only. 

4. Indemnification:

4.1 - If COMPANY is unable to perform the services in this contract due to any cause outside its control, such as fire, flood, casualty, act of God or terrorism, illness, or any other reasonable cause outside the COMPANY’s control or expectation, client agrees to indemnify COMPANY for any loss damage or liability; however, COMPANY will return in full all payments made by CLIENT to COMPANY in relation to this SHOOT.

4.2 - CLIENT agrees to indemnify and hold harmless COMPANY for any liability, damage, or loss related to technological failure. Cameras, hard drives, and memory cards are subject to technical failure. COMPANY will take reasonable steps to prevent data loss, but is not liable for loss of data due to technical failure.

4.3 - CLIENT understands and agrees that COMPANY is required to retain copies of a reasonable number of photos from the SHOOT for 60 days after the SHOOT. After this period has expired, COMPANY has no duty to retain copies or originals of files or photos from the event. It is the responsibility of CLIENT to purchase, store, and backup photos after the 60-day period. This clause is subject to the limitations in Section 4.2 of this Contract.

4.4 – CLIENT understands and agrees that COMPANY may have cords, light stands, bags, and other gear at the location. CLIENT will hold COMPANY harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment. CLIENT further agrees to hold COMPANY harmless for any personal injury which may occur as the CLIENT poses or works with COMPANY.

4.5 – CLIENT agrees and understands that the quality of a photograph is entirely subjective. COMPANY will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.

4.6 – CLIENT agrees and understands that COMPANY will perform digital retouching of photos, including creative effects and other digital image edits to convert the photograph into a virtual tour. CLIENT agrees to hold COMPANY harmless for any edits which may be viewed as defamatory or demeaning.

4.7 – CLIENT agrees and understands that any 3D Dollhouse and 2D Floor Plan diagrams provided by COMPANY are not to scale and should not be used to determine specific measurements of any room or property.

5. Duty of Client

CLIENT will obtain all permissions necessary for COMPANY to photograph at the SHOOT. COMPANY has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to COMPANY, or which prevent COMPANY from photographing the event(s) is not the fault, liability, or responsibility of COMPANY.

CLIENT will prepare property for the SHOOT to include removal of any items it does not want displayed in the provided virtual tour or photos, turning on of all property lights, and other tasks listed in the COMPANY’s Property Preparation Checklist.

CLIENT understands that for Zillow 3D Home Tours, there is no post-processing allowed by the Zillow 3D Home Tours application, thus any mirrors in the property may reflect the 360 camera which cannot be digitally removed later.

6. Exclusive COMPANY

CLIENT agrees and understands that no other party other than COMPANY may take pictures of any setups made by the COMPANY. This slows down the COMPANY’s work and violates the COMPANY’s right to take pictures of the area. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the COMPANY staff or take pictures in these situations.

7. Model Release

In exchange for valid consideration, CLIENT grants permission to COMPANY and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, COMPANY may use CLIENT’S likeness and image on COMPANY’S website or other advertising. COMPANY may sell photos containing CLIENT’S likeness to third parties.

8. Arbitration:

Any dispute arising under or in any way related to this agreement shall be submitted to binding arbitration by the American Arbitration Association in accordance with the Association’s commercial rules then in effect. The arbitration shall be conducted in the state of Nevada. The arbitration shall be binding on the parties.

9. Assignability and Parties of Interest:

CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. COMPANY may sub-contract or assign this contract to any second-shooter, COMPANY may assign any photographers associated with the COMPANY to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.

10. Entire Agreement:

This Agreement constitutes a single integrated Contract expressing the entire agreement of CLIENT and COMPANY with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof.

11. Amendment and Waiver:

This Agreement and each provision hereof may be amended, modified, supplemented or waived only by a written document specifically identifying this Agreement and duly executed by each party hereto or the authorized representative of such party.

12. Venue and Jurisdiction:

This Contract is governed by the laws of the state of Nevada and Federal Courts in that district. CLIENT and COMPANY agree to subject themselves to the laws of this state except for as provided in the arbitration clause.  CLIENT and COMPANY hereby waive the right to object to venue within this state.

13. Severability:

If any part of this Agreement is determined to be void, invalid, inoperative or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein.

14. Counterparts:

This agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement.

15. Headings and Subheadings:

The clause headings in the Agreement are for reference only and do not form a part of this Agreement. 

Updated: December 1st, 2020