615-621-9500
Uptown Lens Professional Real Estate Media Company
Terms of Service
By using the Uptown Lens website and our order form, you agree to the terms of service set forth in this Agreement. We reserve the right to change or modify the provisions of this Agreement at any time. You should check this Agreement periodically for changes. If you do not agree to our terms of service, you should not use our website or purchase our products. By using this website and/or purchasing products from us, you agree to be legally bound and abide by these Terms of Service, just as if you had signed a written legal agreement.
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SECTION 1:
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PLEASE NOTE:
When you purchase a package or product from Uptown Lens, you are purchasing a block of time for our photographer to shoot your home and the products associated with the order.
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1.1 - YOUR APPOINTMENT:
Your appointment includes a specific amount of time. Refer to our PHOTO-READY POLICY in section 4.1. It is highly recommended that the agent be present for the shoot to communicate any special shot requests to the team member. If agent will not be present, please communicate with the homeowner regarding out Photo-Ready Policy. Uptown Lens reserves the right to reschedule or cancel appointments at any time. From time to time, an appointment conflicts with other appointments and we may need to reschedule, we will do our best to accommodate your initial appointment time. In the event that we have to reschedule or cancel due to a conflict on our end, we will waive any fees associated with cancellation or rescheduling the appointment.
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1.2 - PAYMENT:
All products must be paid in full before the appointment will be scheduled/confirmed. Team photographers cannot accept payment on-site. Payments are processed through the booking website or over the phone, and an email confirmation will be sent to the email address on file. Add-on products (Sky, grass replacement, Fireplace Fire, Virtual Staging, Digital Twilight, Color Block, may be purchased after the appointment has been scheduled, completed and products delivered. Contact us to add these add-on products. Products will be billed at the listed amount.
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1.3 - AERIAL PHOTO AND VIDEO PRODUCTS:Aerial sessions are subject to availability. It is highly recommended that the agent be present for the appointment to communicate any special shot requests to the team pilot. We follow all FAA rules and regulations. Some areas are deemed “No fly Zones” and we are legally unable to fly. If your listing is in a “No Fly Zone” you have a choice: 1. We can refund you the amount of the aerial service or, 2, we can substitute for additional exterior ground photos. Please let the photographer know what you plan on doing. Areas such as sporting venues, hospitals, airports etc. have no or limited access with certain flight restrictions, your photographer will notify the agent if we are unable to fly in the area.
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1.4 - VIDEO SERVICES:We do not provide any cleaning/moving/home staging services. The property must be video-ready when we arrive. Failure to have your home video-ready may impact the quality of the video. Please review our tips on how to prepare the home. Your video package includes a specific amount of time for the video session. Any return trip to the property for video re-shoots will incur a re-shoot fee.
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1.5 - TRAVEL FEES and PARKING:
Uptown Lens is based in Nashville and provides services to the surrounding area and state of Tennessee. We operate on a multiple zone travel area. Travel fees are calculated via Google Maps and are based on the distance from our Nashville office to the client’s property. Locations outside our zone travel area are scheduled on a case by case basis and will include a minimum purchase amount (not including the added travel fee). Contact us to provide you a quote. PARKING: If guest parking or free street parking is unavailable, clients will be responsible for any parking fees incurred by the photographers to park at a meter or a nearby parking lot. A parking receipt will be delivered to the client for reimbursment to Uptown Lens withing 7 days of date on parking receipt. Please make arrangements with the homeowner to allow parking for the photographer.
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1.6 - CANCELLATIONS and RESCHEDULING:
If you need to cancel your appointment, we request at least 24 hours' notice via phone or email. You will receive a cancellation confirmation email from us after cancellation. If you do not receive a cancellation confirmation email from us, that means we did not receive your cancellation request and your appointment is still reserved. Please call us immediately. If you give less than 24 hours’ notice, you will be charged a $59.00 cancellation fee. If an appointment is canceled after the photographer has arrived, you will be charged $89.00 cancellation fee. RESCHEDULING: If you reschedule your appointment outside of 24 hours, there is no fee. If you reschedule within 24 hours, there will be a $39.00 fee. If you reschedule after the photographer has arrive at the property, there is a fee of $59.00. There is no fee for rescheduling your shoot due to bad weather. If you repeatedly cancel or reschedule appointments, Uptown Lens has the right to remove you as a client and no further business will be conducted between the two parties. All cancellations and rescheduling fees must be paid before next booking.
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1.7 - DAY OF SHOOT
Your home will be shot AS-IS. We do not provide any cleaning/moving/home staging services. The property must be photo/video ready when we arrive. Please review our tips on how to prepare the home. Failure to have your home ready may impact the delivered media amount and will require a reshoot to be scheduled. The photographer will not move any items in the house without approval to do so by the agent or homeowner. Uptown Lens is not liable for any items that may have been broken, cracked, moved, shattered, or otherwise damaged. Refer to section: Reshoots and Refunds.
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1.8 - WEATHER
It is the responsibility of the agent to check local weather forcasts for your scheduled time. Although there are no rescheduling fees due to inclimate weather, this will help avoid rescheduling the booking.
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1.9 - NO SHOWS/LATE SHOWS:
If you (the agent) do not show up for your appointment or the homeowner is not present or if the photographer cannot access the home with the provide code or location of key, this will be deemed a no show and a cancellation fee will apply. The cancellation fee will be drafted from the card on file. All cancellation fees and rescheduling fees must be paid in full before we can reschedule another shoot. If we arrive at the property and are unable to shoot the home due to lack of electricity or any other means to where the photographer cannot finish the services, the appointment will be cancelled and you will be charged a $89.00 cancellation fee.
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1.10 - RESHOOTS/REFUNDS:
Any return trip to the property for reshoots incur a reshoot fee. The reshoot fee is $99.00.
In order to avoid a reshoot: 1. Please be sure the property is “photo-ready” and is cleaned and styled to your liking. 2. Make sure weather conditions are appropiate for the services you ordered. 3. Communicate any specific shot requests to us via email prior to your appointment. There are no refunds if the photographer has finished shooting the property. All media captured will be delivered according to our Delivery times in Section 2.1.
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1.11 - LIABILITY:
Uptown Lens is not liable for any damage to the home, property, or personal items during the schedule appointment time. Agents should be present during the full appointment time to avoid such incidents.
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1.12 - PROPERTY ACCESS/LOCKUP
Uptown Lens photographers must be given access to enter the home or property during the full length of the appointment time. Agent must provide Uptown Lens with a means to enter the home or property. Once the photographer has finished the appointment, they will leave through the door they entered and will lock up the home as it was when they arrived. Uptown Lens is not responsible for unlocked homes after the appointment time.
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1.13 - MEDIA FOR MULTIPLE LISTINGS
All media is to be used for the intended listing/property and cannot be used with other listings, new or old, unless approved by Uptown Lens. If any property has mulitple dwellings and you wish to have seperate listings for each (for example: apartments, condos, duplexes, land parcels, etc), a seperate order must be purchased for each dwelling or parcel. ONE ORDER PER LISTING. Media cannot be combined or transfered to other listings, new or old, unless approved by Uptown Lens.
SECTION 2:
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2.1 - DELIVERY TIMES:
All photos and floor plans are delivered Next Day by 11:59pm CST. All other products are delivered within 1-3 business days. There is no SAME DAY DELIVERY option available for any products. Friday session images are delivered on Saturday by 11:59pm CST. However, Saturday delivery is not guaranteed. In the event your media is not delivered within the listed timeframe, we sincerely apologize and will do our best to deliver as soon as possible. There are no refunds for media delivered late. Please contact us and we will be happy to make things right on your next shoot.
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2.2 - MEDIA QUALITY/NUMBER OF IMAGES/SHOT REQUESTS:
All our photos are taken with state-of-the-art equipment and are taken with the highest quality capable. It is the client’s responsibility to inform us of any specific angles, property areas, or home features that will need or not need to be photographed. If the client does not inform us of any specific shot requests, the photographer on-location will determine the shot list and will photograph the property to the best of their ability. Each photos package includes 36 photos. Each aerial photo package includes 10 photos. We do not “over shoot” homes. If you would like to add additional photos to your shoot, please contact us or let the photographer on-site know and you will be charged according to the number extra shots. Products including: Zillow 3D tour, Matterport, Floor Plan, Aerial Photos, Aerial Video, Video Tour, Community Photos cannot be added on-site due to time constraints. Extra Aerial photos can be added on-site if an aerial photos or aerial video service was on the original order.
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2.3 - EDITING SERVICES:
All our products are edited with professional care. Uptown Lens does not edit differently for different products. All products are edited the same to the highest standard. If you feel the editing falls short, we will do our best to make it right. Some products cannot be re-edited such as Zillow 3D tour, and Matterport’s. These services must be ordered again to reflect any new changes. Floor Plan can be minimally edited, please contact us for what can be edited/corrected. Sometime, things don’t turn out the way we expect, that’s why we do not charge for edits. However, it is up to Uptown Lens to determine if an excess amount of edits are being submitted, and can be charged an additional fee. Photos can be editied upto 30 days from the scheduled shoot date, any edit request after 30 days will result in 30 day re-edit fee and will vary by depending on the number of photos needing edited.
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2.4 - OBJECT REMOVAL EDITING:
Object removal editing is an add-on editing service and is charged as listed. Examples include: de-cluttering an interior room, hiding cables and cords, removing unwanted objects from the yard or removing a car from a photo.
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2.5 - VIDEO EDITING & REVISIONS:
All our video tours are edited with care and quality. Your video will include an opening animated address reveal. If you would like to have a branded agent/address reveal, please contact us and provide us with the information/image by emailing customer@uptownlens.com. Please include your order number in the email. Videos are edited with a music background. Any request to change/edit a video outside of 30 days from the scheduled shoot date will result in a fee of $60.
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2.6 - MARKETING KIT
When purchasing our Marketing Kit, you agree that this product is solely for the listing for which you have purchased it for. Marketing Kits cannot be used, transfered or marketed with any other listings new or old. The Marketing Kit is active for 1 year or until the listing is sold or removed from the market. After 1 year, the agent may reactivate the marketing kit at the current price if the listing is still actively on the market. Refunds are not available for marketing kit purchases.
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SECTION 3:
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3.1 - OWNERSHIP OF MEDIA /PORTFOLIO AND SOCIAL MEDIA USE
Uptown Lens owns all media that is taken by the photographer and/or edited thereafter. Uptown Lens reserves the right to use any and all photo, video footage or media from the client shoots for our online portfolio and social media channels. By purchasing services from us, you grant us an irrevocable right to use the photo and video footage from your property in perpetuity. If you are an agent or broker representing the home owner, you are authorizing Uptown Lens on the owner’s behalf for us to use any and all footage for our own marketing purposes. Uptown Lens grants limited acts and rights to use its products. Any use of Uptown Len’s photos, videos or client delivered media other than to market the agent/homeowner’s active listing property is strictly prohibited. Any media that is reproduced, edited, sold, transferred (physically or digitally) to anyone is prohibited. Media that is found to be used in violation of these terms of service is subject to copyright laws and action will be taken by Uptown Lens. Please be responsible.
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3.2 - PROMOTIONS, DISCOUNTS AND EXCLUSIONS TO
Uptown Lens reserve the right to change, alter or deny any promotion to any new or existing customer at its discretion. Any discount or promotion may be added or discontinued at any time. Active discounts or promotions are one time use only unless otherwise stated. Lenth of distruibution of discounts or promotional detailes may change at any time. Uptown Lens will, in good faith, honor discounts and promotions after an appointment has been set to the best of its ability. Discounts or promotions cannot be combined with other active or inactive discounts or promotions. Only one discount or promotion may be used at one time unless authorized by Uptown Lens Staff. All discounts and promotions must be mentioned when ordering any service over the phone or by email in order to receive. All discount promotional codes must be entered into appropiate promo code box located on the ordering screen to receive discount on services. No discounts or promotions may be added after order has been placed. Discounts and promotions are valid on select services and packages: Photogrpahy Package, Media Package, Premiere Package, Photos, Video Tour, Floor Plan, Floor Plan Extras (3D Floor Plan, 3D Furniture, Colors and Textures, 3D Video Render), Matterport, Zillow 3D Tour, Aerial Photos, Aerial Video, The Aerial Package, Community Photos, Excluded from discounts and promotions include but not limited to: Travel Fee, cancellation fee, reschedule fee, re-shoot fee, re-editing fee, social marketing kit, social marketing kit renewal, custom site domain name, custom site domain name renewal and any editing services (Digital Twilight, Virtual Staging, Sky Replacement, Grass Replacement, Fireplace Fire, Object Removal, Color Block and Property Lines) unless otherwise stated in promotion. Promotions and discounts cannot be used on orders over $1000 unless approved by Uptown Lens. First Time Customer 30% discount applies to a single new customer and may be used only once with a maximum discount of $300. Co-listing with other agents/homeowners does not qualify for 30% first time customer discount.
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SECTION 4
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4.1 - PHOTO-READY POLICY
Uptown Lens requires the home, property, apartment or other dwelling to be fully ready and prepared for the appointment. Any listing that is not photo-ready may incure a rescheduling fee to complete the appointment or in rare cases a cancellation fee. Because we shoot multiple homes each day, it is important that your property be photo-ready in order to service all our customers in a professional manner. We do not provide any cleaning, moving, or physical home staging services. It is the agent/customer that is respoinsible to communicate to the homeowner regarding our policy. Please read or revist our Home Prep Tips before the appointment.
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