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Amuchneededknapp Media Co. – Terms of Service

By booking services with Amuchneededknapp Media Co. (“AMNK”), you acknowledge and agree to the following terms.

1. Agreement & Scope

  • This Agreement is between AMNK and the Client (including employees or contractors) for one calendar year.

  • Applies to all photographs, graphics, digital assets, or images created by AMNK (“Photos”) for the listed property (“Property”).

  • No email or other exchange modifies this Agreement unless agreed in writing.

2. Rights & Usage

  • All Photos remain the sole property of AMNK.

  • Clients are granted a limited license to reproduce, display, and distribute Photos only for promoting the Property (including MLS listings).

  • Any other use requires written permission and may incur additional fees.

  • Removing or altering copyright information is prohibited under the DMCA.

  • License duration: one year from delivery or until representation of the Property ends, whichever comes first. Further use requires AMNK’s permission.

3. Relationship

  • AMNK is an independent contractor; no employment, agency, or joint venture is created.

  • Photos are not “work-for-hire” under U.S. copyright law.

4. Creation & Delivery

  • AMNK controls the creative process.

  • Photos are delivered via an online gallery in JPEG format at a resolution deemed suitable.

  • Clients must notify AMNK within 5 business days if Photos are not suitable for reproduction; AMNK will replace Photos at an appropriate resolution.

  • AMNK is not liable for reproduction quality, delays, or consequential damages.

  • Larger formats, RAW files, or higher-bit images are not guaranteed unless specified.

5. Fees & Payment

  • Full payment is due before the scheduled shoot.

  • Non-payment or reversed payments revoke the Client’s license; Photos must be removed and destroyed within 10 days.

  • Additional fees may apply for third-party services or platforms.

6. Cancellation & Rescheduling

  • Cancel within 24 hours: responsible for 100% of the fee and any incurred expenses.

  • AMNK may reschedule due to unforeseen circumstances (weather, emergencies, etc.).

7. On-Site Expectations

  • Properties must be clean, decluttered, and photo-ready.

  • Minor adjustments (straightening pillows, small items) are included; full staging or cleaning is not.

  • Outdoor areas must be free of debris; pets must be secured.

8. Drone Photography & Videography

  • Drone services comply with FAA Part 107 regulations and are included only if listed in the scope.

  • Weather, airspace restrictions, or safety concerns may require rescheduling or omission of aerial media.

  • Client is responsible for access, permissions, and property releases.

  • LAANC approvals may be required; delays or denials may affect scheduling.

  • AMNK carries liability insurance, but Clients indemnify AMNK for conditions outside control (unsafe environments, obstacles, third-party interference).

9. Indemnification

  • Clients indemnify AMNK against all claims, costs, or damages arising from creation or use of Photos, including failure to obtain releases.10. General Provisions

  • Governing law: Wisconsin.

  • Disputes: binding arbitration in St. Croix County, WI, under American Arbitration Association rules. Prevailing party may recover legal fees.

  • Severability: invalid provisions do not affect the remainder of the Agreement.

  • Waiver: no provision waived except in writing.

  • Non-exclusivity: Clients may hire other providers; AMNK may offer services to other clients.

  • Service area: While based in Wisconsin, AMNK may provide services anywhere in the United States, subject to applicable regulations, permissions, and logistics.

10. General Provisions

  • Governing law: Wisconsin.

  • Disputes: binding arbitration in St. Croix County, WI, under American Arbitration Association rules. Prevailing party may recover legal fees.

  • Severability: invalid provisions do not affect the remainder of the Agreement.

  • Waiver: no provision waived except in writing.

  • Non-exclusivity: Clients may hire other providers; AMNK may offer services to other clients.

  • Service area: While based in Wisconsin, AMNK may provide services anywhere in the United States, subject to applicable regulations, permissions, and logistics.

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