TERMS & CONDITIONS
Last Updated: May 17th, 2023
Terms and Conditions of Services and Related Products
Rocket City Photo strives to provide fair and accurate information in all of our services and products. The artistic nature of these products and services inherently omits information that may be important, significant, or essential to a reasonable person in deciding whether to engage or not to engage in the purchase or sale of real estate. A non-inclusive list of examples includes paint color appearance, room sizes and/or orientations, and nearby features. Please see the subsections below for more detailed information for each particular product and/or service. For the purposes of these Terms and Conditions, “Client” shall be defined as any individual, company, or entity that requests, schedules, or orders any services or products provided by Rocket City Photo. The Client is responsible for all communication, coordination, and financial obligations associated with the use of these services or products.
Scheduling Delays & Cancellations
A 24 hour notice is required for all scheduling delays, cancellations, reschedules, and no-shows. Failure to provide an adequate notice may result in a fifty dollar ($50) cancelation fee per service scheduled if we are unable to successfully fill the reserved time slot. Failure to gain access to complete scheduled services is considered a no-show. We do understand that there are often multiple coordinating parties when scheduling services and may waive a cancelation fee, at our discretion, provided an advance notice was given to the cancelation, the client is a repeat customer in good standing, and there have been no previous scheduling cancellations or delays. Rocket City Photo reserves the right to cancel any service and/or order at any time for any reason.
Property Access
In order to provide our services, Rocket City Photo may require access to the property. The client grants Rocket City Photo permission to access the property using information provided to us, such as combination lockbox code, door entry code, garage door code, hidden key location, etc., and/or to use the Supra lockbox located at the property for entry. The client requesting our services assumes responsibility for obtaining any necessary permissions from the home/land owner and will be held liable for any claims, including claims of misuse of electronic lockbox access, as well as any fines or penalties resulting from such claims.
Certified Measurements & Floor Plans
Rocket City Photo’s employees and contractors that perform home measurements and create floor plans are certified in accordance with ValleyMLS and Huntsville Area Association of Realtors. These services and subsequent measurements are not to be used in place of or as an appraisal/survey and are by definition not exact measurements, but in accordance with ANSI standard Z765. While efforts are made to provide detailed and accurate dimensions, we cannot guarantee the accuracy of measured or calculated dimensions based on a variety of factors such as, but not limited to, equipment malfunction, safe physical access to all areas, and/or human error.
Watercolor Home Portraits
Due to the custom nature of this product, refunds and/or returns are not accepted for this item. Rocket City Photo will reserve time and resources for the creation of this item upon successful payment and begin utilizing the reserved time and resources upon as soon as the required information has been obtained. Rocket City Photo will make reasonable efforts to contact purchaser to obtain any missing information by phone number and/or email address submitted during ordering for completion of the order, but may cancel the order with partial refund if required information is not received within seven (7) days.
Virtual Staging
Rocket City Photo provides a digital virtual staging service to incorporate virtual staging elements such as furniture, decorations, and other interior design components. The nature of virtual staging services is inherently artistic and subjective. As with all our services, there may be elements that are important, significant, or essential to a reasonable person in deciding whether to engage or not to engage in the purchase or sale of real estate that are not depicted or are depicted differently in the virtually staged images. Examples include, but are not limited to, the actual dimensions, colors, and textures of the property and items within it. The Client is responsible for all communication, coordination, and financial obligations associated with the use of these services or products. The Client also acknowledges that Rocket City Photo’s virtual staging services are intended solely for marketing purposes and should not be considered an accurate representation of the property’s current or future condition. In addition, the Client agrees to hold Rocket City Photo harmless and indemnify it from any claims, damages, losses, or expenses that arise from the use, publication, or distribution of the virtually staged images. Rocket City Photo reserves the right to refuse virtual staging services for any property if it believes that the digitally altered images may create a misleading impression or violate any laws, regulations, or ethical standards.
Satisfaction Guarantee
Because of the artistic nature of Rocket City Photo’s services, the final deliverables are inherently subjective in their appearance. Because of this fact, a satisfaction guarantee is available on select services. Eligibility for the satisfaction guarantee requires clients to not publish/use media or to discontinue all use of said media and contact Rocket City Photo within 48 hours of media delivery. Eligibility for the satisfaction guarantee also requires the listing and/or property to not be sold, leased, rented, or under a contract for sale, lease or rental within 72 hours of media delivery. Client’s remedy for the satisfaction guarantee allows for a single choice between a refund of the single service, not including any travel fees, or a second attempt to perform the service, provided the property’s condition is substantially similar to the original service date. Satisfaction guarantee is limited to a single instance per client.
Unpaid Balances
Rocket City Photo understands time is of the essence in regards to scheduling and services, and therefore, most services are invoiced and paid after the fact. Rocket City Photo allows up to 30 days to pay any invoice without penalty (unless otherwise stated) due to the mutual trust and respect we have for our clients. In the event of an unpaid balance thirty (30) days after the due date, Rocket City Photo may, at their discretion, charge a late fee of $100 per each thirty (30) days per invoice. Rocket City Photo may, at their discretion, file suit and/or file a contractor’s lien on the property at which services were rendered for the unpaid amount including any late fees (mechanic’s lien Alabama Code § 35-11-210).
Limit of Liability
In no event shall Rocket City Photo be individually liable to a 3rd party (non-client) for any damages unless our act or failure to act involves intentional misconduct, fraud, or a knowing violation of the law. Client agrees to limit Rocket City Photo’s liability arising from services and products, errors or omissions, such that the total liability of the Rocket City Photo shall not exceed the client’s total fees for products and services rendered by us for the listing address.
By the use of our services and/or products, you agree to these listed terms and conditions.