By ordering services from
LaCasaTour, you agree to the following service agreement for digital imagery or print products. These
terms are subject to change without notice.
Cancellations: All scheduled real
estate photo/video shoot clients must provide 24 hours’ notice of cancellation before the
scheduled appointment. LaCasaTour reserves the right to charge a $75.00 fee.
Unable to shoot fee: The client is
solely responsible for the preparation and condition of the property to be photographed/video graph. If
LaCasaTour is in agreement with client and determines that the site is not properly prepared; cannot
access the home; or that preparation of the property will delay the photographer, we reserve the right
to cancel the appointment and charge a $75.00 cancellation fee.
Property: It is our policy that the
photographer shall not stage or move anything on the property, however LaCasaTour will, at the
photographer’s discretion or advice client, to adjust minor things such as window coverings,
pillows or turn on or off lights as deemed necessary to better capture the scene(s) and move small items
that may be distracting in the photo or video.
Photographer/videographer will do
their best to ensure that all significant aspects of the property are photographed unless the condition
of said aspect has a negative impact on the property. This shall be left solely up to the
photographer’s discretion unless specific aspect(s) of the property are specifically requested by
the agent or the homeowner.
Once the home has been
photographed/video graph, the service may not be canceled. The agent will be charged the full price of
the package ordered. In addition, the photographer will not retouch images in order to disguise any
known defects and/or physical structures such as cracks in walls or driveways, power lines, water
The homeowner shall ensure that
there are no hazards to the photographer/videographer safety.
The photographer/videographer will
do everything to ensure pets stay inside but are not responsible for pets that escape the property
during the photography session. Homeowners should ensure pets are supervised and out of
Quality: LaCasaTour will provide
the client with the highest quality of service and images possible. However, the quality is limited to
the subject being photographed/video graph. In other words, a messy and dirty house will produce a
high-quality photos of a messy and dirty house.
Time limits: Photo shoots are
scheduled for a finite amount of time. Extreme overrun of this time may incur an hourly fee of $100/hour
if determined not to be the fault of the photographer/videographer.
Force majeure: LaCasaTour is not
liable for any service interruption or cancellation due to weather or force majeure.
Retakes and Rainy Day Policy: If
the weather threatens to prevent photography/video, it is the client’s decision to continue or to
reschedule. If rain is present, we can shoot the interior as the seller has probably put a lot of hard
work into getting it ready for the scheduled shoot. For select exterior shots, we will digitally replace
cloudy skies with blue skies. Client may schedule a return for exterior photos at the earliest day
possible where the weather cooperates for an additional fee. Another option is we can reschedule the
entire shoot to my next available appointment. (No rescheduling/cancellation fees will be assessed for
Arrival Time: LaCasaTour shall
notify any client of a late arrival. Although we aim to be on time to every appointment, we cannot
control the traffic, weather, or other factors that may cause a delay. We will make every effort to keep
within our agreement time slot and to arrive as scheduled.
Liability: LaCasaTour is not liable
for the failure of income of any marketing material we provide.
Online availability of product:
LaCasaTour utilizes third party services to host all digital marketing material. Although we have chosen
vendors with high availability, routine maintenance and server outages are beyond our control. We assume
no responsibility for these outages but LaCasaTour will work to resolve the issues as quickly as
Alterations of Photos: No
alteration of photos produced by LaCasaTour is permitted by anyone other than LaCasaTour beyond
resolution changes. No use of Photoshop or other image altering software is permitted on any product by
the client or associates.
Additional Fees: Any work requested
outside of the planned service may incur a fee. This includes additional time on site, and alteration to
photos beyond the true scene.
Product turn-around: LaCasaTour
guarantees a 24-48-hour turn-around on service render from the time the photographer\videographer leaves
the property. Delivery time on products other than photos\video may vary and is not guaranteed within
24-48 hours. Hollywood videos will take an additional 24-48 hours to be completed. Weekends
are not working hours. We will make an effort but not guarantee to have completion of services
within a 24-48-hour.
Client cooperation: We do our best
to get you a finished product as soon as possible. At times this requires cooperation and information
from the client in a timely manner. We assume no responsibility for delay of deliverables due to client
Payment Policy: LaCasaTour operates
on a fee for service basis, all monies owed are payable upon delivery of invoice, regardless of the sale
of the home or other conditions. We accept online credit/debit card payment via invoicing (standard fees
apply) or check. All payments must be in within 7 days of invoice. LaCasaTour has the right
to make tour inactive. A $25.00 fee to reactivate tour and for returned checks a $40.00 fee,
regardless of the amount of the check or the reason it was returned.
Copyright Notice: LaCasaTour
retains the copyright protection of all digital content. LaCasaTour reserves the right to use all images
for promotion on LaCasaTour.com or affiliate partners (BuildBrander.com and GulfShoreProductions.com)
but not a third party. The original realtor, who paid for this service, has permission to use these
images on any electronic or printed form of advertisement for the promotion of that property.
Images cannot be altered after they are in your possession. Images cannot be sold by one realtor
to another realtor regardless the situation. As a respect to our clients, LaCasaTour will not sell any
service that was render to a agent/custoemr to another agent/customer. Failure to pay for the
services that were render will result in a copyright infringement/violation. You will be asked to remove
the image from any electronic or printed form of advertisement. Failure to stop using them will result
in legal action.
WEBSITE TERMS AND CONDITIONS
These terms and conditions govern
your use of this website; by using this website, you accept these terms and conditions in full.
If you disagree with these terms and conditions or any part of these terms and conditions, you must not
use this website.
You must be at least 18 years of
age to use this website. By using this website and by agreeing to these terms and conditions, you
warrant and represent that you are at least 18 years of age.
License to use website
Unless otherwise stated, LaCasaTour
and/or its licensors own the intellectual property rights in the website and material on the website.
Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching
purposes only, and print pages from the website for your own personal use, subject to the restrictions
set out below and elsewhere in these terms and conditions.
You must not:
- republish material
from this website (including republication on another website)
- sell, rent or
sub-license material from the website
- show any material
from the website in public
duplicate, copy or otherwise exploit material on this website for a commercial purpose
- edit or otherwise
modify any material on the website; or
material from this website except for content specifically and expressly made available for
Where content is specifically made
available for redistribution, it may only be redistributed within your organization.
You must not use this website in
any way that causes, or may cause, damage to the website or impairment of the availability or
accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to
copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is
linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious
You must not conduct any systematic
or automated data collection activities (including without limitation scraping, data mining, data
extraction and data harvesting) on or in relation to this website without LaCasaTour express written
You must not use this website to
transmit or send unsolicited commercial communications.
You must not use this website for
any purposes related to marketing without LaCasaTour express written consent.
Access to certain areas of this
website is restricted. LaCasaTour reserves the right to restrict access to other areas of this website,
or indeed this entire website, at LaCasaTour discretion.
If LaCasaTour provides you with a
user ID and password to enable you to access restricted areas of this website or other content or
services, you must ensure that the user ID and password are kept confidential. LaCasaTour is not
responsible for any deleted/replaced content for the property, agent pages on the website. We
encourage to change your password every six months or when your password has been compromise.
LaCasaTour may disable your user ID
and password in LaCasaTour sole discretion without notice or explanation.
In these terms and conditions,
“your user content” means material (including without limitation text, images, audio
material, video material and audio-visual material) that you submit to this website, for whatever
You grant to LaCasaTour a
worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate
and distribute your user content in any existing or future media. You also grant to LaCasaTour the
right to sub-license these rights, and the right to bring an action for infringement of these
Your user content must not be
illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of
giving rise to legal action whether against you or LaCasaTour or a third party (in each case under
any applicable law).
You must not submit any user
content to the website that is or has ever been the subject of any threatened or actual legal
proceedings or other similar complaint.
LaCasaTour reserves the right to
edit or remove any material submitted to this website, or stored on LaCasaTour servers, or hosted or
published upon this website.
Notwithstanding LaCasaTour rights
under these terms and conditions in relation to user content, LaCasaTour does not undertake to monitor
the submission of such content to, or the publication of such content on, this website.
This website is provided “as
is” without any representations or warranties, express or implied. LaCasaTour makes no
representations or warranties in relation to this website or the information and materials provided on
Without prejudice to the generality
of the foregoing paragraph, LaCasaTour does not warrant that:
- this website will
be constantly available, or available at all; or
- the information on
this website is complete, true, accurate or non-misleading.
Nothing on this website
constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any
legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
LaCasaTour will not be liable to
you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or
use of, or otherwise in connection with, this website:
- to the extent that
the website is provided free-of-charge, for any direct loss;
- for any indirect,
special or consequential loss; or
- for any business
losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business
relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability
apply even if LaCasaTour has been expressly advised of the potential loss.
Nothing in this website disclaimer
will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and
nothing in this website disclaimer will exclude or limit LaCasaTour liability in respect of any:
- death or personal
injury caused by LaCasaTour negligence;
- fraud or fraudulent
misrepresentation on the part of LaCasaTour; or
- matter which it
would be illegal or unlawful for LaCasaTour to exclude or limit, or to attempt or purport to exclude
or limit, its liability.
By using this website, you agree
that the exclusions and limitations of liability set out in this website disclaimer are
If you do not think they are
reasonable, you must not use this website.
You accept that, as a limited
liability entity, LaCasaTour has an interest in limiting the personal liability of its officers and
employees. You agree that you will not bring any claim personally against LaCasaTour officers or
employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing
paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer
will protect LaCasaTour officers, employees, agents, subsidiaries, successors, assigns and
sub-contractors as well as LaCasaTour.
If any provision of this website
disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the
enforceability of the other provisions of this website disclaimer.
You hereby indemnify LaCasaTour and
undertake to keep LaCasaTour indemnified against any losses, damages, costs, liabilities and expenses
(including without limitation legal expenses and any amounts paid by LaCasaTour to a third party in
settlement of a claim or dispute on the advice of LaCasaTour legal advisers) incurred or suffered by
LaCasaTour arising out of any breach by you of any provision of these terms and conditions[, or arising
out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and
Without prejudice to LaCasaTour
other rights under these terms and conditions, if you breach these terms and conditions in any way,
LaCasaTour may take such action as LaCasaTour deems appropriate to deal with the breach, including
suspending your access to the website, prohibiting you from accessing the website, blocking computers
using your IP address from accessing the website, contacting your internet service provider to request
that they block your access to the website and/or bringing court proceedings against you.
LaCasaTour may revise these terms
and conditions from time-to-time. Revised terms and conditions will apply to the use of this
website from the date of the publication of the revised terms and conditions on this website.
Please check this page regularly to ensure you are familiar with the current version.
LaCasaTour may transfer,
sub-contract or otherwise deal with LaCasaTour rights and/or obligations under these terms and
conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract
or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and
conditions is determined by any court or other competent authority to be unlawful and/or unenforceable,
the other provisions will continue in effect. If any unlawful and/or unenforceable provision would
be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the
rest of the provision will continue in effect.
These terms and conditions
constitute the entire agreement between you and LaCasaTour in relation to your use of this website and
supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be
governed by and construed in accordance with federal and state law, and any disputes relating to these
terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of