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”).
   Each project is governed by the scope of services confirmed at booking. Any additional services requested are subject to additional fees. 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.
   License is granted to the Client and their brokerage or team for marketing the Property only. Use by third parties, including builders, stagers, or other agents, requires separate licensing and written permission.
   Any other use requires written permission and may incur additional fees.
   Removing or altering copyright information is prohibited under the DMCA.
   License duration is 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 retains full control over the creative process.
   Photos are delivered via an online gallery in JPEG format at a resolution deemed suitable.
   Typical turnaround times are estimates and may vary based on workload, property size, or external factors.
   Clients must notify AMNK within 5 business days if Photos are not suitable for reproduction. One round of minor revisions is included if requested within this timeframe. Additional edits or reprocessing may incur fees.
   AMNK is not liable for reproduction quality, delays, or consequential damages.
   Larger formats, RAW files, or higher-bit images are not guaranteed unless specified in advance.

5. Fees & Payment
   Payment is due prior to delivery unless otherwise agreed in writing for approved clients.
   Non-payment or reversed payments revoke the Client’s license. Photos must be removed and destroyed within 10 days of notice.
   Additional fees may apply for third-party services, add-ons, or platform usage.

6. Cancellation & Rescheduling
   Cancellations or reschedules within 24 hours of the scheduled appointment are subject to the full service fee.
   If AMNK has already traveled to or arrived on-site, the full service fee may apply regardless of notice.
   AMNK reserves the right to reschedule due to unforeseen circumstances, including weather, emergencies, or safety concerns.

7. On-Site Expectations
   Properties must be clean, decluttered, and photo-ready upon arrival.
   Minor adjustments, such as straightening small items, are included. Full staging or cleaning is not included.
   Outdoor areas must be clear of debris, and pets must be secured.
   If the Property is not photo-ready upon arrival, AMNK may proceed as-is or reschedule at an additional fee.

8. Drone Photography & Videography
   Drone services are provided in compliance with FAA Part 107 regulations and are included only if specified in the scope of work.
   AMNK reserves the right to decline, delay, or cancel drone operations at its sole discretion due to weather, airspace restrictions, safety concerns, or legal limitations. No guarantees are made regarding aerial media.
   Client is responsible for securing any necessary access, permissions, or property releases.
   LAANC approvals or airspace authorizations may be required and can affect scheduling.

9. Indemnification
   Client agrees to indemnify and hold harmless AMNK from any and all claims, damages, or liabilities arising from the creation or use of the Photos, including but not limited to failure to obtain property, model, or location releases

10. General Provisions
    Governing law: Wisconsin.
    Disputes shall be resolved through binding arbitration in St. Croix County, Wisconsin, in accordance with the rules of the American Arbitration Association. The prevailing party may recover reasonable legal fees.
    Severability: If any provision of this Agreement is found invalid, the remaining provisions remain in full effect.
    Waiver: No provision is considered waived unless agreed to in writing.
    Non-exclusivity: Client may engage other service providers. AMNK may provide services to other clients.
    Service area: While based in Wisconsin, AMNK may provide services throughout the United States, subject to applicable regulations, permissions, and logistical considerations.