Terms of Service

These Terms of Service (“Terms”) govern the agreement between you (“Client” or “you”) and Trusted360Photo (“Company,” “we,” or “us”) regarding the services provided by our photography business. By engaging our services, you agree to comply with these Terms. Please read them carefully.

Services Offered

We offer a range of professional photography services, including but not limited to real estate photography, virtual tours, aerial photography, floor plans, product photography, Automotive photography, headshots, and other related services. The specific services provided will be agreed upon in writing or through verbal communication.

Fees and Payments

a. Payment Obligations: You agree to pay the fees as outlined in the pricing agreement provided by us. Fees for our services will be communicated and agreed upon prior to the provision of any services.

b. Cancellation Fee: In the event of a cancellation, a cancellation fee may apply. The specific cancellation fee amount will be communicated to you at the time of cancellation.

c. Payment Terms: Payment for our services is due as per the agreed-upon terms. Failure to make payment within the specified timeframe may result in the suspension or termination of services.

d. Non-Refundable Deposits: Any deposits made for booking our services are non-refundable.

e. Non-Payment: If payment is not received within the agreed-upon terms, the client is responsible for all legal fees, collection costs, storage fees, and interest from the time of initial service.

Product Ownership and Non-Payment

a. Retention of Products: If a client fails to make payment for the services rendered, we reserve the right to withhold any products (including but not limited to digital files, physical prints, and other deliverables) until full payment is received.

b. Disposition of Unpaid Products: Any products that remain unpaid for after 30 days from the date of service shall be considered abandoned, and we will not be responsible for their safekeeping, storage, or any potential damages or losses.

c. Physical Product Responsibility: We are not responsible for any damage to products. We reserve the right to hold these products until full payment is received. If payment is not made within 30 days, we are not responsible for the safekeeping, condition, or return of these items, and they may be considered abandoned.

Liability

a. Limitation of Liability: While we strive to provide high-quality services, we shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with our services or the use of the materials we provide. In no event shall our liability exceed the total amount paid by the client for the services rendered.

b. Loss or Damage to Materials: We are not responsible for any unforeseen circumstances that may affect our ability to deliver services, including but not limited to:

• Loss of images or files due to technical failure, theft, or equipment malfunction.

• Inability to complete services due to acts of God, natural disasters, or unforeseen circumstances.

• Any additional costs incurred due to loss of files, such as re-shoots or re-creation of services.

c. Indemnification: You agree to indemnify and hold Trusted360Photo harmless from any claims, damages, losses, liabilities, costs, or expenses arising from your use of our services or any breach of these Terms.

Intellectual Property

a. Ownership: All intellectual property rights, including but not limited to photographs, virtual tours, floor plans, and any other materials created or provided by us, remain the sole property of Trusted360Photo unless otherwise agreed upon in writing.

b. Usage Rights: By engaging our services, you are granted a non-exclusive, non-transferable license to use the materials for purposes directly related to the marketing and promotion of the specific property or properties involved. Any other use or distribution of the materials requires our prior written consent.

Modifications and Termination

We reserve the right to modify or terminate our services or these Terms at any time. Notice of any modifications will be provided in advance. In the event of termination, any prepaid fees for services not yet rendered will be refunded, except for non-refundable deposits.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, United States. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts in Montgomery County, Maryland.

By engaging our services, you acknowledge that you have read, understood, and agreed to these Terms of Service. If you have any questions or concerns, please contact us before proceeding.

Effective: July 1, 2023

Binding Arbitration Effective January 1, 2025

Any disputes, claims, or controversies arising out of or relating to this agreement, including but not limited to disputes regarding non-payment, liability, or service quality, shall be resolved exclusively through binding arbitration. The arbitration shall take place in Montgomery County, Maryland, and the client agrees to bear all costs of arbitration, including but not limited to filing fees, administrative costs, and arbitrator fees. By agreeing to these Terms, the client waives the right to file a lawsuit against Trusted360Photo or its employees in any court and agrees that arbitration shall be the sole and exclusive method of dispute resolution.

By engaging our services, you acknowledge that you have read, understood, and agreed to these Terms of Service. If you have any questions or concerns, please contact us before proceeding.