TERMS OF SERVICE

Terms of Service for Real Estate Photography/Videography/Measurements/Floorplan Services

Note that we do not believe in charging unnecessary fees such as rebooking or cancellation, and aim to do everything possible to ensure appointments go smoothly. We always aim to go above and beyond to do things like help prepare homes for shoot and help you and your clients overcome difficult circumstances on site. These terms of services serve mainly to protect the business from abuse.

1. Governing Law: This agreement is governed by Alberta provincial laws.

2. Liability:
2.1 Andrew Nakaska Photography shall not assume liability or responsibility for any losses or injuries arising from the services provided. The maximum liability of Andrew Nakaska Photography for any damages resulting from this Agreement, regardless of the nature of the claim or the legal basis for the action, shall be limited to the total amount paid by the Client to Andrew Nakaska Photography under this Agreement. Andrew Nakaska Photography shall not be held liable to the Client for, and the Client shall indemnify and hold Andrew Nakaska Photography harmless from, claims related to lost profits, or any indirect, incidental, special, or consequential damages.

2.2 The Client acknowledges that they bear complete and exclusive responsibility (both legally and financially) for any decisions, actions, or inactions made in connection with the marketing services provided by Andrew Nakaska Photography. The Client agrees to defend, indemnify, and hold Andrew Nakaska Photography harmless against any claims, judgments, losses, liabilities, expenses, including reasonable legal fees, that may arise, either wholly or partly, from the services provided.

3. Independent Contractor Status: Andrew Nakaska Photography is an independent contractor, not an employee.
No agency, partnership, or employer-employee relationship is established. Client's rights are defined by this agreement.

4. Multiple Visits: If 2+ visits are needed to complete services at a property, additional visit time may be billed at an hourly rate prorated and based on the service package selected by the client.

5. Media Delivery: Images and media will be delivered via OneDrive or Google Drive as preferred by the client.

6. Shoot Quality and Checklist:
Adherence to the provided checklist impacts shoot quality. Clients are advised to follow the checklist in order to achieve the highest quality results from photos and video.

7. Property Preparation:
7.1 Andrew Nakaska Photography is not responsible for tidying inside a property or re-arranging items.
7.2 Referral available for house cleaning or staging services.
7.3 Some photo editing and post processing such as object removal may be provided as a courtesy, Andrew Nakaska Photography is not obligated to provide this service unless otherwise agreed upon.
7.4 Large editing tasks may be subject to extra billing as agreed to by both parties.

8. Cancellation and Rescheduling:
8.1 A cancellation or rescheduling fee of $50 will apply if an appointment is cancelled within 24 hours of the scheduled time.
8.2 If the property is inaccessible or not ready for the shoot upon arrival, the full shoot amount will be charged.
8.3 In case of bad weather, interior shots will be taken and attempts will be made to capture exterior shots. A no-cost reshoot option for exteriors will be provided.

9. Service Area:
9.1 Our service area covers a 30 km radius from Downtown Calgary, including areas North to Airdrie, East to Chestermere, South to De Winton, and West to Highway 22 (including Cochrane & Redwood Meadows).
9.2 Locations beyond the service area will incur a return journey fee of $0.80/km.

10. Copyright and Licensing:
10.1 Content is subject to Canadian copyright law.
10.2 Usage license extends to the booking agent, co-listing agent, and team members for MLS, print materials, social media, and internet ads.
10.3 External parties require a re-licensing fee to use content.
10.4 Andrew Nakaska Photography retains rights unless otherwise agreed.

11. 3D Tour Hosting:
3D tours are hosted for 12 months. A $65 fee applies for hosting beyond this period or re-activating an old tour.

12. Drone Usage:
12.1 Drone availability depends on weather and air traffic conditions.
12.2 Drone won't be flown near or in the vicinity of large events i.e. concerts, festivals, law enforcement responding to emergencies.

13. Pets: Pets must be kenneled or absent during the shoot to prevent equipment damage.

By booking our services, you agree to these terms. These terms are subject to change, and any modifications will be communicated in advance.