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Terms & Conditions

These terms and conditions govern the provision of marketing and development services provided by Cherry Boom Creative Studio ("the Studio") to its clients. By engaging the services of the Studio, the client agrees to these terms and conditions.

 

Services Provided: The Studio offers a range of marketing and development services, including but not limited to digital marketing, content creation, social media management, website development, and app development. The specific services to be provided will be outlined in the individual service agreement with each client.

 

Scope of Work: The scope of work will be detailed in a separate service agreement, which will specify the deliverables, timelines, and any specific requirements from the client. The Agency is committed to delivering services in accordance with the agreed-upon scope of work.

 

Payment Terms: Payment terms will be outlined in the individual service agreement. Generally, the Studio requires a percentage of the total fee upfront, with the balance due upon completion of the services. Late payments may incur additional charges.

 

Client Responsibilities : The client is responsible for providing all necessary information, materials, and approvals in a timely manner. Delays in providing these may result in adjustments to the delivery timeline.

 

Intellectual Property Rights: All intellectual property created by the Studio in the course of providing services will be the property of the client upon full payment of the agreed-upon fees. The Studio retains the right to use completed projects for promotional purposes unless otherwise agreed upon.

 

Confidentiality: Both parties agree to maintain the confidentiality of any proprietary information shared during the course of the engagement, except as required by law.

 

Liability and Indemnification: The Studio's liability in connection with providing services is limited to the total amount paid by the client. The client agrees to indemnify the Studio against any claims arising from the client's use of the Studio's deliverables.

 

Termination: Either party may terminate the agreement with written notice if the other party breaches these terms and conditions. Termination does not affect any accrued rights or liabilities.

 

Dispute Resolution: Any disputes arising under these terms and conditions will be resolved through negotiation, and if necessary, through mediation or arbitration.

 

Governing Law: These terms and conditions are governed by the laws of the jurisdiction in which the Studio operates.

 

Amendments: These terms and conditions can only be amended in writing and with the agreement of both parties.

 

Miscellaneous: This agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior communications.

Photo Licensing Terms and Conditions –

Agreement: Cherry Boom Studio (we/photographer) retains the copyright for all digital images created in the course of doing business and all images on this website. The commissioning real estate broker/agent/owner (client) is granted a license to use property images, for which they have paid, for the promotion of that property in any media while client manages the listing (if the services pertain to real estate photography). License expires once property has Sold, Expired or is Withdrawn. Agents/clients may not sell, transfer, or gift any images for any reason to any third party, especially to another agent who takes over an expired, withdrawn, or cancelled listing. These third parties also include sellers, builders, stagers, and any other contractors associated with the property or agent. Image licenses are non-transferable. Images must not be edited/altered by anyone other than Cherry Boom company with the exception of minor cropping and/or resizing only. If there is an issue or concern with editing photos please contact Cherry Boom directly, but do not make any editing, as this is a violation of copyright.

Cherry Boom reserves the right to re-license images for commercial use by developers, builders, designers, vendors, or other parties. This will be executed with a separate agreement between Cherry Boom and licensee.

Payments & Delivery: All payments are due upfront.
Two to four days after the service, we will provide you with the final products in high quality. 

Cancellations & Weather: Cancellations must be made at least 24 hours before scheduled photoshoot start time. Photoshoots cancelled with less than 24-hours notice will be subject to a cancellation fee of $50. 
We charge a $50 service fee when we must return to a property in which it is not our fault.  This includes, but is not limited to: property not ready, staging incomplete, construction, agent/owner not home, no key in lockbox, etc. This does include partial photo shoots where the exterior may not be ready or certain rooms are incomplete and the photographer is required to return.  We also understand things come up or may change but if a property is rescheduled or cancelled within 24 hours of the scheduled shoot time, there will be no fees. 

Weather-related cancellations are subject to the terms above. Some weather conditions can adversely effect exterior home photo quality or prevent safe drone flight. In the event of unfavorable weather, the interior photos will be photographed as planned. Alternate arrangements will be made for exterior or aerial re-shoot and additional fees may apply unless full cancellation is made at least 24 hours in advance. 

Property Condition: Client will ensure that the property is clean and ready for photography at time of service. We are not responsible for cleaning, dusting, changing lightbulbs or moving of furniture, but may adjust window coverings, move small items or turn on/off lights as necessary. Client shall ensure that there are no hazards to the photographer's safety and that pets are out of view. Retouching images to disguise known defects and/or physical structures such as wall/floor blemishes, driveway cracks, power lines, etc. is charged per service and per image. If the property is not ready to be photographed and you don't want to be charged for extra services, you should make every effort to reschedule 24 hours prior to the shoot.

Additional Terms
- Travel fees are waived when property address is measured to be 35 miles or less from our location (Millsboro, DE). For locations beyond 35 miles, travel fees will be calculated at the time of photoshoot. 
- Final images are backed up by Cherry Boom and are available to be re-delivered until 90 days from date of delivery. Photos may no longer be available beyond that time frame. It is recommended that client makes a local backup of the images to use for the duration of the listing. Once client’s contract with the homeowner has ended (property is sold or picked up by another agent), the license expires, so client should delete their backup at that time.  
- The client needs to provide their full name, contact information, the address and type of the property for the service booked, at the time of scheduling. This information will be used for delivery of our services, rescheduling, cancelling or anything that has to do with the scheduled services only.
- Our drone services are limited depending on weather conditions and flight restrictions in certain areas. 

Right to Refuse: Cherry Boom reserves the right in its sole discretion to refuse service at any time for any reason. At any time, Cherry Boom can terminate the relationship with or fire a client for overdue invoices, poor communication, or unreasonable requests.

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