Waiver of Liability and Assumption of Risk Agreement

Use of Premises 



By ordering services from Professional Real Estate Marketing  and its Subcontractor Bat Aero, the Client agrees to the entirety of the following Agreement for any and all productions or work associated with this project. We hope these policies are helpful and instructional as we work together to create beautiful content for your marketing needs.

   

WAIVER:

In consideration of the service(s) to be conducted and project(s) to be produced at the premises, its satellite, or other extensions of said premises related to this project, I, myself, my business, or any other entity I represent including my broker, clients, heirs, representatives or assignees, do hereby release, waive, discharge, and covenant not to sue Professional Real Estate Marketing  and its Subcontractor Bat Aero, LLC, hereafter referred to as "PREM," its trustees, directors, officers, employees, contractors, and/or agents from liability from any and all claims including negligence resulting in personal injury, accidents, or illnesses (including death) and property loss arising from the use of or presence at said premises.



INDEMNIFICATION AND HOLD HARMLESS:

I also agree to indemnify and hold harmless Professional Real Estate Marketing  and its Subcontractor Bat Aero, LLC, its trustees, directors, officers, employees, contractors, and agents, from any and all claims, actions, suits, costs, expenses, damages and liabilities including attorney fees as a result of this project and the use of premises.



ASSUMPTION OF RISK:

Production during the current South Carolina Executive Order 2020-59 and Georgia Executive Order 8.31.30.01 stipulates certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries, accidents, or illnesses. I have read the previous paragraphs and I know, understand, and appreciate these and other risks are inherent in the activity I am participating in. I hereby assert that my participation and position is voluntary and that I knowingly assume all such risks. 



Terms of Service



SERVICE & PRODUCTION REQUESTS: 

To ensure the best results of the service & production requested, please be sure the property is ready prior to the scheduled call time.



 It is the Client’s responsibility to ensure that the property is ready at the arranged time.

For liability, PREM does not handle any cleaning, dusting, or moving of furniture or decor.  We are not able to physically move or remove property signs.

The Client in regard to the property shall ensure that there are no hazards to PREM or its employees at the site.

PREM will work with the Client in regard to the property owner’s pets. If pets will be an issue please make a note of it when services are ordered.

PREM will be photographing and filming throughout the entire property. Utility rooms and closets are typically not included, but if you would like those included please let an employee of PREM know prior to the shoot.

If there is predictable bad weather, the Client must reschedule with us at least 24 hours before the shoot. Last minute postponements or cancellations are subject to a fee. 



WORK PRODUCT OWNERSHIP:

Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by PREM shall be the exclusive property of PREM. PREM reserves the right to use video, and photos for advertising, display, publication, or other purposes. All photos, samples, videos, and proofs remain the exclusive property of PREM unless waived by amendment to this agreement. Unauthorized use of photographs/video is a copyright violation and will result in the termination of this contract. 



TURNAROUND TIME: 

Creating quality content takes time. Once on site, PREM will need 1-4 hours depending on the services requested. Delays that may arise could affect or jeopardize the production schedule and turnaround time for delivery.



1 business day for photos (next day by 9pm)

1-2 business days for twilight photos

2-3 days for virtual staging photos

1 business day for 3D virtual tours 

2-3 business days for 2D floor plans

1 business day for dedicated property websites

1-2 business days for 30-45 second highlight videos

2-3 business days for 1-2 minute cinematic videos

7-12 business days for creative projects

1-2 Business days for Photo Revision Requests ($20/photo)

1-2 Business days for Video Revision Requests (One complimentary revision; $100/additional revision)

Same-day photo rush delivery ($50)*

Next-day video rush delivery ($150)*



*PREM may not always be able to provide these services.



TRAVEL COST: 

In the event that travel is needed outside our standard service area, there will be an additional $150 per hour travel fee. This fee covers our Creative Specialists' time and operating costs.



WEEKEND FEE: 

Weekend shoots are subject to availability. In the event that a weekend shoot is requested, there will be an additional $300 weekend fee. This fee covers overtime for our Creative Specialists and operating costs.



3D MATTERPORT VIRTUAL TOURS:

3D Matterport Virtual Tours include free hosting for 3 months.

After 3 months, 3D Matterport Virtual Tours will be archived and the branded and unbranded links will no longer be active. 

Extended hosting is available for $60 Annually per Active Scan (12 months of hosting).



VIDEO EDITING & POST-PROCESSING: 

PREM property videos typically follow a format of drone footage followed by property walk-through, with royalty free music. If another format is needed, the Client must provide specific requirements or details to PREM prior to the start of the shoot.



After content is delivered, please let us know within 2 business days if you have any changes (limit one revision) you would like to make.

After 2 business days, we will consider the project completed and any changes may be subject to additional fees ($135/hour).



CANCELLATION & POSTPONEMENT POLICY:

PREM understands that sometimes schedule adjustments are necessary.  Therefore, we offer some flexibility for the Client to cancel or postpone projects. The Client must notify PREM of any necessary changes to the schedule 24 hours in advance.



Any appointment canceled or changed without 24-hour notice will result in a $100 fee.

Any appointment missed (Once an employee of PREM is on site and are unable to shoot the property), there will be a 50% charge of the total invoice and/or no return of the deposit.

Any appointment delayed by more than half an hour will be subject to a rescheduling fee ($100-$200). Our team is required to leave at the end of the scheduled shoot if they have another appointment, and we will need to reschedule if the project is incomplete. The agent assumes all responsibility for delays.

Reschedules will be subject to availability at standard rates.



WEATHER POLICY:

There may be events when services cannot be fulfilled due to weather. In those circumstances, the decision about the shooting is up to the Client. If the Client proceeds with production, PREM will provide to the best of our ability to complete the shoot. If additional outdoor production is required on another day with better weather, standard rescheduling rates will apply. If there is predictable bad weather, please reschedule with us at least 24 hours before the shoot. Cancellations must be made 24 hours in advance. 



Reschedules will be subject to availability.



LIMITED LICENSING RELEASE:

In order to provide the Client with the best service and support at reasonable pricing, PREM does not sell exclusive rights to the Work Product, content, or intellectual property produced. PREM licenses their use. The fee quoted is dependent on (1) payment of the invoice in full prior to the scheduled production call time, and (2) using the video/photographs only as indicated.



Only the Client has permission to use the delivered photos and video on any electronic or printed forms of advertisement for the promotion of the listing.

Builders, Stagers, Designers, or “Third Parties” that wish to use Photographs or Video must contact PREM directly for licensing and fees.

For image integrity and quality control PREM asks that photographs and video not be heavily altered once delivered. Re-sizing is an exception.

Photographs and video cannot/will not be made available to another real estate agent or person who takes over an expired or withdrawn listing.



USAGE:

The Work Product provided by PREM may be uploaded to any social media or MLS listing services by the Client, solely for the promotion of the listing during the pendency of this Agreement. However, regardless of any terms and conditions of the MLS, at no time does this Agreement provide the right to transfer copyright, licenses, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106.  



MEDIA RELEASE:

I hereby waive any right to inspect or approve the finished photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of my image and likeness.



I am 18 years of age or older and I am competent to contract in my own name. Booking a service with us means you agree to and fully understand the contents, meaning and impact of this release. I understand that I am free to address any specific questions regarding this release by submitting those questions in writing prior to booking, and I agree that my failure to do so will be interpreted as a free and knowledgeable acceptance of the terms of this release.



PROPERTY OWNER APPROVAL:

The Client may need to obtain a written signed approval from the property owner prior to servicing or producing the Work Product. PREM can provide (at request) a written approval form. PREM makes every effort to maintain the privacy of the property owner's neighbors. All footage is focused on the property being filmed and PREM will do their best to respect the privacy of anyone not directly involved. If necessary, the Client may be required to ask for permission from neighbors before PREM begins filming.   



SEVERABILITY: 

If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.



The undersigned further expressly agrees that the forgoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the State of South Carolina and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.



PAYMENT & LATE FEES:

Payment is due on the project date unless stipulated otherwise for special circumstances. Overdue payments are subject to a $50/month late fee at our discretion. Payments overdue past a month are subject to an additional $50/month or 10%/month late fee at our discretion. Booking a service with us means you agree to and understand the payment schedule on your quote/order and the applicable late fees for non-payment.

SUBSCRIPTION ACCOUNTS:

Billing.  We’ll automatically bill you from the date you order a subscription and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.

No Refunds. You may cancel your subscription at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to, or renewing a subscritption.

Downgrades. Your subscription will remain in effect until it's cancelled or terminated under these Terms. If you don’t pay for your subscription on time, we reserve the right to suspend it or remove subscription features.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

ACKNOWLEDGEMENT OF UNDERSTANDING: 

I have read the entirety of this Agreement, waiver of liability, assumption of risk, and indemnity agreement, and fully understand its terms. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature or decision to proceed with PREM servicing or producing the Work Product to be a complete and unconditional release of all liability to the greatest extent allowed by law. 

Overview
Professional Real Estate Marketing,  (”PREM” “we” “our” “us”) respects your privacy and we are committed to protecting it through our compliance with this Privacy Policy (the “Policy”).   This Policy describes the types of information we may collect from you or that you may provide when you visit our website PREM.com (our “Site”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Policy does not address the privacy practices of any third parties that we do not own, control, or are affiliated with. Capitalized terms not defined in this Policy will have the meaning set forth in our Terms of Service (the “Terms”). We encourage you to read this Policy and the Terms, and to use the information they contain to help you make informed decisions.
By visiting and/or using our Site or Services you are accepting the privacy and security practices described in this Policy.   We reserve the right to change or update this Policy at any time.   We will post any updated Policy to the Site. By accessing the Site after we make any such changes, you are deemed to have accepted them.  We recommend that you review this Policy periodically.
This Policy is part of our Terms. By using the Site you agree to the terms and conditions of the Terms. If you choose to visit our Site or use our Services our relationship and any dispute that should arise will be governed by our Terms and this Policy, including limitations on damages, dispute resolution provisions, and application of Colorado law.
We do not sell, trade or rent your personal information to other companies or third parties although our third party technology and service providers may have access to your information as part of helping us provide Services or information to you and as set forth below. We, and such third party providers, use the information we collect about you as stated in this Policy to process orders, provide and improve Services, send you information you may find of interest, perform analytics services to evaluate your use of the Site, advertise and to provide a more robust or personalized online experience.   Except for information collected as stated in this Policy, we will not collect any personal information about you except when you specifically and knowingly provide such information to us.
If you have a question or concern about any of the information in this Policy, please contact PREM at:
Professional Real Estate Marketing
201 Englewood Road
Aiken, SC 29803
support@prem.media
Information we collect from you
In order to provide you Services through the Site, it is required that you register on the Site. During registration, we will ask you to supply information that allows us to personally identify you. This information includes your name, email address, physical address, phone number and other information that allows us to contact you in order to provide you with our Services and in order to maintain the Site. You may be asked to provide additional information to us after you have registered.  If you order Services from us, we will require information pertinent to providing those Services including but not limited to geolocation data and social media information, and if you choose to pay us with a payment card we will collect the credit card or debit card numbers and related information for payment processing by our third party processor as described below.
Use of information we collect from you
We electronically store all information that you provide us. We engage third-party companies and individuals to perform functions on our behalf and to help us provide the Services.  We use information you provide us so that we, or such contractors, can be in contact with you after you have requested information from us or placed an order on the Site. We also use your information to contact you from time to time to send you additional information about our products and services and so that we can keep you informed about new products and promotions that might interest you. We also use this information to enhance your experience on the Site. For example, we might use the information you provide us in order to show you specific content that we believe applies to you according to your preferences when you visit the Site or when we contact you.
At any time, you may choose to stop receiving any future communications from us, not related a Service you have ordered, by clicking on the “opt-out” link contained within any unsolicited email communication. After you have opted-out of future communications, PREM will not send you unsolicited communications.
While using the Site, you can choose not to provide certain information, or reject cookies (as explained below) however, your decision to do so will limit your ability to use many of the Site’s features and may inhibit our ability to provide you with our Services.
You may update and/or edit your personal information at any time by logging in to our Site with your email address and password and clicking on ‘My Account’.
Use of cookies and web beacons
A cookie is a small piece of data that is stored in a browser-related file on your computer’s hard drive when you use the Services on the Site. Cookies are uniquely assigned to your computer, and are read by a web server in the domain that issued the cookie to you. Our primary use of cookies is to enable us to recognize your computer each time you return to our Site or use our Service, keep track of your preferences, determine what you have already seen on our Site and to improve your online experience. For example, storing a cookie on your computer allows you to login without typing your registered e-mail address and password. We may also use an e-mail delivery and marketing company to send e-mails that you have agreed to receive. Pixel tags and cookies are used in those e-mail messages to help us measure the effectiveness of our advertising. Third parties, including third-party advertisers, may also set cookies. Such third parties are responsible for placing and using such cookies and may collect information about you through such cookies. We do not have access to such cookies, control the use of such cookies or have control over the privacy policies of such parties. Please also note that certain types of e-mails available through the Services on our Site may automatically log you into the Site and/or set new cookies when you click on the links in the e-mails and that you may need to manually remove such cookies if you do not want them to be set on your computer.
If you do not want cookies stored on your computer you can reject cookies by modifying your web browser setting accordingly (each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences). However, if you choose to reject cookies, you may not be able to access products and Services that we offer that require you to “login” or “sign in.”
In addition to cookies, we log standard information such as your IP address along with the URL from which you came to our Site and the URLs visited on our Site, which may or may not contain some personally identifiable information. IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as “traffic data” so that data (such as the Web pages you request) can be sent to you.   We will not use your IP address to attempt to identify your personal information. Other “traffic data” includes time, the type of web browser being used, the operating system, and CPU speed. This information is sent automatically by your web browser when you are connected to a web site.
Protection of collected information
We take commercially reasonable steps to maintain security systems and secure servers to protect your information from loss, misuse, and unauthorized access, disclosure, alteration or destruction. Please understand, however, that no security system is impenetrable.   Although your personal information is password-protected so that only you may access or change the information you are also responsible for the security of your information. You should not share your password or any other login credentials with anyone. Our personnel will never ask you to divulge your password in written or electronic communications. We will only ask you for your password when you contact us and only in cases where you request customer service to correct a service problem which requires your password. Additionally, we use Stripe, a third party, to process all payment card payments. Please visit Stripe’s website at www.stripe.com to read Inspire Commerce’s privacy policy with respect to personal information you provide to Stripe’s for any payments to us. Please be aware that while we protect your personal information to the greatest extent possible, Internet security technology changes rapidly and data transmission is never 100% secure. We cannot guarantee that any safeguards we use will completely protect your information from security threats whether now or in the future. You should also be aware that despite our efforts, factors beyond our control may result in disclosure of your information. We are not responsible for circumvention of any privacy settings or security measures we provide or any associated loss of data, data corruption, or otherwise unauthorized access.  Accordingly, we are not able to guarantee the security of the information you transmit when utilizing our Services, and as such, you use the Site at your own risk.
Legal Matters; Protection of Rights, Property and Interests; Safety
We may, without your consent, access and disclose your personal information, any communications sent or received by you, and any other information that we have about you or your account: as may be permitted or required by law, regulation, rule or court order; pursuant to requests from governmental, regulatory or administrative agencies or law enforcement authorities; to establish or exercise our legal rights or defend against legal claims; or to prevent, investigate, identify persons or organizations potentially involved in, or take any action regarding, suspected fraud, violations of our Terms, or activity that appears to us to be illegal or may expose us to legal liability. Additionally, we may disclose your personal information in situations that we believe to be emergencies involving potential threats to the physical safety of any person or property if we believe that your personal information in any way relates to that threat.
Sharing of Information with Third Parties
Information about you and those we provide Services to is an important part of our business, and we are not in the business of selling it to others. We may, however, provide your personally identifiable information to third parties in the following instances:
We need to share your information to provide the product or Service you have requested; We have your consent; We need to send the information to companies who work on behalf of us to provide a product or Service to you; We conclude that we are required by law or have a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect our rights, property or safety of our personnel, it users or the public; We find that your actions on our Site violates the Terms; We provide such information to trusted businesses or persons for the sole purpose of processing personally identifying information on our behalf.
We may share some or all of your information with any of our affiliated companies, subsidiaries, joint ventures, or other companies under common control with us.  We might sell or buy subsidiaries or business units as we develop our business. In such transactions, customer information may be one of the transferred business assets.
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, your information may be part of the transferred assets.
Children
The Site and our Services are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Site. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@PREM.media
Links to Other Websites
This Site contains links to other websites, social media sites, and internet applications. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this Site.
Important Notices to Non-U.S. Residents
We may store and process personal information collected on our Site in the United States or any other country.   However, we are located, and the Site and its servers are primarily operated, in the United States. If you are located outside of the United States, please be aware that your personal information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Site or Services, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.
Integrations with Third Parties
We use third party API’s to help enhance the user experience in our applications. We use YouTube (Privacy Policy) Vimeo (Privacy Policy) and Google (Privacy Policy) Services to help enhance certain video features in our platform.