Items to include in T&Cs

The Terms and Conditions (also known as Terms of Service and Terms of Use) is the contract between you and your client when they book your services. The T&Cs should be easy to find on your website, generally with a link on the website footer beside the link to your Privacy Policy. If you are allowing online bookings, you should also require the user to ‘click a box’ to confirm that they agree to the Terms and Conditions of your services. You should also email your clients a PDF copy of this
document.

Please note: The information in the article if for informative purposes only and is not legal advice. You should seek appropriate independent professional advice before making any decisions based on material found on this website or any linked sites. It is strongly recommended that you consult a legal professional to assist you with writing these two documents which must be easily accessible from your website.


Travel Fees
If you only service a certain area but are willing to work outside this location for an additional travel fee, this is where you would explain the details of how your travel fee is calculated. An example of this is setting a preferred zone that you would like to travel (i.e. 35 miles) from your location and then charge $0.50 US per mile travelled outside of this zone.


Copyright
It’s common for the client and their vendor to be confused about the copyright and
licensing associated with the images they have purchased. They often believe that they own the images once they have paid for their professional real estate photo shoot. Unless you wish to sell the copyright to your images (not recommended), you should only be granting your client the non-exclusive right to use the photographs and other materials to market the property for sale or lease in a single campaign.

Promotional Use
You should include a statement explaining that you retain the right to use the images for purposes of marketing and promotion of your business and its services and that you may resell the image rights to third parties, other real estate agents or agencies.

Cancellation
Create a policy to avoid lost income due to last minute cancellations. By having a cancellation policy, your clients will be encouraged to make cancellations early if necessary, and then you will avoid lost
income from turning away bookings you could have otherwise made with other clients. This can be as simple as stating that all cancellations made within 24 hours of the booking will incur a fee of
$75 US.

Payment
It’s best to request partial payment or full payment on the day of the photo shoot for private sellers. Agency and other B2B clients are typically given 14 days from the date of invoice to pay for the services your company provided.

Keep in mind that some larger agencies have their own payment terms that you will need to take into consideration. For example, their accounts department may only pay invoices at the end of the month or will only pay invoices for photography and marketing services once the property has been
sold or leased. This means that you need to carefully plan your business expenses so that you don’t run into any cash flow problems. Other terms and conditions you should state include force majeure,
indemnification, confidentiality, waivers and transfers.

On your website, you will also need to include a Privacy Policy to inform your website users on how you gather, use, disclose and manage the data and information collected from your clients and
your website users.

Note: This article is an extract from the resources on the Education page on this website.

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