TERMS AND CONDITIONS

Scope of Work 

During the term of the Contract, the Company shall perform services for Client in connection with the planning, scheduling, shooting, post production, and/or content marketing services. The Company shall provide the following services  as mentioned in the initial quote approved from the 17hats the client confirmed before reaching this contract page.

Services

1. Our photography company provides professional virtual tours, photography, videography, drone & aerial, rendering and staging services for various niches and occasions, including weddings, events, portraits, residential & commercial content marketing, and more. We will provide our services in a professional and timely manner.

Payment

1. A 50% deposit is required to secure your booking. The balance is due before or on the day of the event or shoot. Payment can be made by cash, check, or credit card, ACH or bank wire. If you cancel your booking within 12 hours of the allotted shoot day and time, your deposit will not be refunded.

Copyright

1. Our clients retain the copyright to all content we capture and create for you. This includes commercial and personal use, as Momentum 360 is the provider of these services, but does not own the direct rights to the content. 

Model Release

1. You grant us permission to use the photographs taken during the shoot for our portfolio, website, and social media, as well as all forms of marketing and advertising . If you do not wish us to use the assets in this way, please inform us before the shoot.

Liability

1. We will take all reasonable care in carrying out our services, but we will not be liable for any loss or damage, whether direct or indirect, arising from our services. In the event that we are unable to provide our services due to illness, injury, or other unforeseen circumstances, we will make every effort to find a suitable replacement photographer.

Force Majeure

1. We will not be liable for any failure or delay in the performance of our services due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, strikes, natural disasters, or other events.

Dispute Resolution

1. Any dispute arising from these terms and conditions or our services will be resolved through mediation or arbitration in accordance with the laws of the jurisdiction in which the photography services are provided.

Governing Law

1. These terms and conditions are governed by the laws of the jurisdiction in which the photography services are provided
2. Momentum hereby represents to have the expertise, knowledge, experience, and all the mandatory licenses, certificates, and permits needed to render the said Services.
3. Both the Parties agree to uphold all the laws and legal requirements of the state of Pennsylvania and United States.
4. In addition, Momentum shall conform to moral, ethical, and relevant professional standards pertaining to the delivery of Services in course of executing all the obligations and Services under this Contract.
5. Momentum warrants to render the said Services in the most efficient and timely manner. This does not guarantee an exact date of estimated production and completion as timeline are subject to change for unforeseen circumstances.
6. Our agency shall take special care that all the roles and responsibilities undertaken as per the terms and conditions of this Contract are executed while providing the Services.
7. The Client acknowledges that Momentum shall not be held responsible for any hindrance which is out of the scope and responsibility of us to control or avoid.

Confidentiality: The Parties to this Contract agree that each shall treat all information as confidential provided by a Party to the other during the term of this Contract. All confidential information provided by a Party hereto shall be used by the other Party solely for the purposes of rendering services pursuant to this Contract and, shall not be disclosed to any third party without the prior consent of such providing Party.

11. Termination

Either Party may terminate this Contract if any Party fails to perform any of its obligations under this Contract or if there is a breach of any the warranties provided herein, and if such failure is not cured within 90 days (unless extended by the Party) after written notice to the Party at fault, the Parties shall be entitled to seek and obtain all remedies available to it in law.

This Contract may be terminated by the client, with or without cause, by 90 days prior written notice to the other party.

Upon expiration or termination of this Contract for any reason, each party shall promptly return to the other party all documents and other material containing confidential information.

Amendments

1. We may amend these terms and conditions at any time by posting the amended terms on our website. Your continued use of our services after the posting of any amended terms will constitute your acceptance of the amended terms.

Common Scope of Work Includes: 

1. Virtual Tours – 360 representation of a residential or commercial property to capture the interior, exterior and aerial of said property. The preferred softwares we use are as follows: Matterport, Cloudpano, 3D Vista. 
2. Photography – This includes: headshots, listing property photography, action shots for a residential or commercial property/business, event or wedding photos. 
3. Videography – This includes residential or commercial property video in the form of short or long form for a listing property introductory video, promotional/instructional video for residential or commercial use, event or wedding photography. In the case of using aerial/drone video coverage, Momentum 360 is FAA certified to legally provide these services. 
4. 3D Rendering – 3D representation of a future construction project for residential or commercial use. The preferred software we use are as follows: Kuula
5. Virtual Staging – The process of adding in virtual furniture/finishes/items to 2D or 360 assets that have previously been captured. 

Thanks for reading, reviewing and approving this contract. We are excited to work together and will do everything we can to make this project a success.

If you have any questions or concerns don’t hesitate to contact us directly by phone, email or mail.

Momentum 360

Address:
1635 Market St. #1501
Philadelphia, PA 19103

Email: sean@needmomentum.com
Phone: (215) 607-6482

Additional Terms Related to Use of our website www.MomentumVirtualTours.com

License to use our website

Unless otherwise stated, Momentum 360 and/or its licensors own the intellectual property rights published on this website and materials used on www.MomentumVirtualTours.com. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website in neither print nor digital media or documents (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website;
• redistribute material from this website – except for content specifically and expressly made available for redistribution; or
• republish or reproduce any part of this website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of www.MomentumVirtualTours.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without  www.MomentumVirtualTours.com ’s express written consent.

This includes:

• scraping
• data mining
• data extraction
• data harvesting
• ‘framing’ (iframes)
• Article ‘Spinning’

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of www.MomentumVirtualTours.com.

Restricted access

Access to certain areas of this website is restricted.  www.MomentumVirtualTours.com reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. www.MomentumVirtualTours.com may change or modify this policy without notice.

If  www.MomentumVirtualTours.com  provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..

www.MomentumVirtualTours.com may disable your user ID and password at www.MomentumVirtualTours.com  sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to www.MomentumVirtualTours.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to  www.MomentumVirtualTours.com  the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or  www.MomentumVirtualTours.com  or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 www.MomentumVirtualTours.com  reserves the right to edit or remove any material submitted to this website, or stored on the servers of  www.MomentumVirtualTours.com , or hosted or published upon this website.

 www.MomentumVirtualTours.com’s rights under these terms and conditions in relation to user content,  www.MomentumVirtualTours.com  does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  www.MomentumVirtualTours.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph,  www.MomentumVirtualTours.com does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

 www.MomentumVirtualTours.com  will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if  www.MomentumVirtualTours.com  has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of  www.MomentumVirtualTours.com  in respect of any:

• death or personal injury caused by the negligence of  www.MomentumVirtualTours.com  or its agents, employees or shareholders/owners;
• fraud or fraudulent misrepresentation on the part of  www.MomentumVirtualTours.com ; or
• matter which it would be illegal or unlawful for  www.MomentumVirtualTours.com  to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity,  www.MomentumVirtualTours.com  has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against  www.MomentumVirtualTours.com ’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect  www.MomentumVirtualTours.com’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as  www.MomentumVirtualTours.com .

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify  www.MomentumVirtualTours.com  and undertake to keep  www.MomentumVirtualTours.com  indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by  www.MomentumVirtualTours.com to a third party in settlement of a claim or dispute on the advice of  www.MomentumVirtualTours.com ’s legal advisers) incurred or suffered by  www.MomentumVirtualTours.com  arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to  www.MomentumVirtualTours.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way,  www.MomentumVirtualTours.com  may take such action as  www.MomentumVirtualTours.com  deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

 www.MomentumVirtualTours.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

 www.MomentumVirtualTours.com  may transfer, sub-contract or otherwise deal with  www.MomentumVirtualTours.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with  www.MomentumVirtualTours.com’s Privacy Policy constitute the entire agreement between you and  www.MomentumVirtualTours.com  in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of Pennsylvania, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Pennsylvania, USA.

By engaging our photography company, you agree to be bound by these terms and conditions. If you have any questions or concerns, please do not hesitate to contact us.