
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.
