Lovejoy Creative, Llc Terms and Conditions
By ordering any LOVEJOY CREATIVE, LLC (“LOVEJOY CREATIVE”) photographs, videos, etc. (“Products”) and/or services, you (“Client”) agree to the following Terms and Conditions:
I. LOVEJOY CREATIVE Products
a. LOVEJOY CREATIVE Photos
- Interior and exterior photography of the property.
- In order to assist LOVEJOY CREATIVE to better serve you, the Client, please be sure to turn on all lights, open window covers, turn blinds into horizontal position, and turn off all fans.
- LOVEJOY CREATIVE is not selling physical products, rather LOVEJOY CREATIVE is simply selling a limited use license.
b. LOVEJOY CREATIVE Unbranded Video
- Interior and exterior video of the property.
- The LOVEJOY CREATIVE unbranded video is an online video composed of a sequence of clips. The video is unbranded and typically may be used in the local Multiple Listing Service (MLS).
c. LOVEJOY CREATIVE Branded Video
- Interior and exterior video of the property.
- The LOVEJOY CREATIVE branded video is an online video composed of a sequence of clips. The video is branded by including information (name, number, broker, photo, etc.) regarding the listing agent in the video. The link is branded and typically may NOT be used for local MLS purposes.
d. Product prices are subject to change without notice.
a. Once the LOVEJOY CREATIVE photographer visits the property, the digital products are typically delivered the following business day via email to the Client.
- Other delivery options can be arranged on a case by case basis. LOVEJOY CREATIVE will not and does not print and sell images either on paper or on CD/DVD/Memory stick.
- Images are delivered in small resolution form in order to meet the requirements of the local MLS.
i. Larger scale images can be delivered upon request at no additional charge to the Client.
b. All LOVEJOY CREATIVE Products pass LOVEJOY CREATIVE inspection prior to delivery to the Client. LOVEJOY CREATIVE will correct all mistakes at no additional charge to the Client. However, if the Product passes LOVEJOY CREATIVE inspection and is delivered to the Client, the Client is then responsible for payment.
- Any comments or corrections by Client must be submitted within 14 days from receipt of photos in order to receive corrections possibly at no additional charge. Not applicable to editing paid for by Client.
c. LOVEJOY CREATIVE will deliver the exact number rang of images that was ordered or approved by the Client.
d. Client will NOT be able to “pick and choose” from a set of images.
e. Client is responsible for checking the files in their email as some email systems may change the size of the images or otherwise alter the image. LOVEJOY CREATIVE is not responsible for changes/damages resulting from third party software and/or email systems. Client agrees to check the images immediately to verify that the images did not suffer any alterations. However, should the Client determine that their email system has altered the image, LOVEJOY CREATIVE will employ reasonable efforts to assist the Client in restoring the images.
f. Client may review all photos at the listing prior to the photographer leaving the property. This is the only opportunity Client has to review the photos. Once the photographer leaves the property Client is responsible for payment for all photos. Should Client desire to change or add additional photos, Client will be charged for a new photo shoot.
a. All cancellations must take place no later than 24 hours prior to the scheduled appointment. LOVEJOY CREATIVE reserves the right to charge a $40 cancellation fee. Should Client repeatedly cancel or no-show LOVEJOY CREATIVE may decide to cease taking orders from Client.
b. To cancel an appointment client must call or text 1.504.339.5591, email email@example.com (with Cancellation written in subject line), or use the cancel and reschedule features from your Calendly Scheduled Events page.
Weather Conditions – Sunny weather is optimal for LOVEJOY CREATIVE Products.
- Overcast – LOVEJOY CREATIVE will insert a blue sky and take necessary editing steps to make each Product appear as if it is a sunny day at no additional charge to the client.
- Heavy rainfall – May be subject to rescheduling at no additional charge to the client. However, LOVEJOY CREATIVE is still able to complete all interior work regardless of the exterior conditions. An agreement may be made to return to complete the exterior shoot once weather conditions improve.
a. Whomever places the order with LOVEJOY CREATIVE is responsible for payment to LOVEJOY CREATIVE.
b. Payment is due prior to release of edited products.
- Upon nonpayment, Client will not be allowed to use any LOVEJOY CREATIVE Products in any form. The local MLS will be contacted and instructed to remove the LOVEJOY CREATIVE Products that were not paid for from the website. Additionally, Client’s broker/manager will be contacted and informed that Client and brokerage is in violation of the LOVEJOY CREATIVE copyright through the use of the LOVEJOY CREATIVE Products. The continued use of the LOVEJOY CREATIVE Products following nonpayment is copyright infringement and may result in legal action.
- In the event legal action is necessary to collect balances due or to prevent continued copyright infringement, Client agrees to reimburse LOVEJOY CREATIVE for any and all expenses incurred including, but not limited to, reasonable attorney fees, other legal expenses, and court costs.
a. Client acknowledges that, as between LOVEJOY CREATIVE and Client, LOVEJOY CREATIVE owns the copyrights of all LOVEJOY CREATIVE products.
b. LOVEJOY CREATIVE grants Client (and Client's broker) a non-exclusive, non-transferable license to Products delivered to Client for marketing purposes (including use of the Products in third party brochures, magazines, fliers, websites, etc.).
c. LOVEJOY CREATIVE expressly reserves all licenses not specifically granted in these Terms and Conditions.
d. The license is intended for use only during the listing period (and future listing periods), but Client may use photos for marketing purposes that last longer than listing period (i.e. on a personal/broker website) on a case by case basis.
e. Clients may NOT resell any LOVEJOY CREATIVE to a third party (another real estate agent or property owner). Any subsequent real estate agents or owners to the same property may not use LOVEJOY CREATIVE products.
VI. Disclaimer of Warranties
a. LOVEJOY CREATIVE provides its products "as is" and "as available."
b. LOVEJOY CREATIVE does not give, make or provide any express or implied representation or warranty of any kind whatsoever.
c. LOVEJOY CREATIVE expressly disclaims all warranties, express, implied, or statutory (including disclaiming, without limitation, all warranties of: merchantability, fitness for a particular use or purpose, lack or freedom from latent, hidden, redhibitory, patent or other defects, and arising by statute or otherwise in law).
VII. General Information
a. LOVEJOY CREATIVE may use independent contractors to provide services. LOVEJOY CREATIVE is not liable for any negligence or damages of the independent contractor.
These terms and conditions represent the only contract between LOVEJOY CREATIVE and the Client (unless otherwise specified) and are subject to revision.
b. Client acknowledges that LOVEJOY CREATIVE's ownership of the Products (as acknowledged above), affords LOVEJOY CREATIVE the right to, among other things, display LOVEJOY CREATIVE Products, property information, and agent information on certain LOVEJOY CREATIVE owned websites. LOVEJOY CREATIVE is under no obligation to do so, but may choose to do so at LOVEJOY CREATIVE’s own discretion.
c. The images, videos and third party products will remain on the LOVEJOY CREATIVE website for no charge for one (1) year. Should the Client need additional time, LOVEJOY CREATIVE will extend the hosting of the images and/or video for an additional one (1) year for a fee.
d. LOVEJOY CREATIVE is not responsible for the posting of LOVEJOY CREATIVE Products on other third party websites. It is the Client’s responsibility to contact the third party in the event of any issue or complaint.
a. We respect your privacy. Therefore we never share or sell your personal information with any third parties. Any information collected through this site is intended to be used for this transaction only.
IX. Venue and Governing Law
a. Client hereby irrevocably and for all purposes consents to the jurisdiction of any federal or state court or other tribunal in New Orleans, LA.
b. These Terms and Conditions are made under, and shall be construed and interpreted in accordance with and governed by, the laws of the state of Louisiana.
X. Indemnification and Limitations of Liability
a. Client agrees to indemnify, defend and hold harmless LOVEJOY CREATIVE from, against and with respect to any and all claims, demands (whether direct, indirect, consequential, incidental or otherwise), actions, suits, arbitrations, injunctions, proceedings, investigations, liabilities, obligations (whether in contract, quasi-contract, or tort), losses, damages, fines, penalties, assessments, judgments, costs and expenses (including reasonable attorneys' fees and investigatory fees) of any kind or character, arising out of, incident to, attributable to, or otherwise related, in whole or in part, to the Products delivered or otherwise provided to the Client (or any use, reproduction, distribution, licensing, display, performance, broadcast, publication or otherwise exploitation thereof).
b. LOVEJOY CREATIVE shall not be liable to client, and LOVEJOY CREATIVE disclaims any liability, for consequential damages of any kind, even if Client has advised LOVEJOY CREATIVE of the possibility or certainty of such damages.
c. LOVEJOY CREATIVE's cumulative liability for all claims whatsoever caused by arising out of or related to LOVEJOY CREATIVE's Products, or the provision thereof, shall not exceed the amount paid by client to LOVEJOY CREATIVE for LOVEJOY CREATIVE Products.