These Terms and Conditions (the “Agreement”) govern your use of NOLA Real Estate Marketing, LLC (“NREM”) website, services, and any related communications or digital assets provided by NREM. By accessing our website, scheduling services, or receiving our digital assets, you agree to be bound by these Terms and Conditions and consent to the collection and use of your personal data as outlined in our Privacy Policy.

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Scope of This Agreement

This Agreement applies to any photographs, graphics, 3D renderings, videos, motion graphics, audio recordings, or digital images (collectively referred to as “Digital Assets”) created or delivered by NREM to the Client for the subject property (the “Property”). This Agreement governs the relationship between the parties, and no email communication or other exchange shall amend or modify its terms unless agreed to in writing.

 

Client Responsibility for Property Condition and Security​

The Client is responsible for ensuring that the Property is in a presentable and secure condition for the scheduled shoot, including removing any personal items, trash, or unnecessary objects. If the Property is not prepared as requested, NREM will proceed with the photos as-is. If additional time is required for Property preparation, it may result in delays and additional charges. NREM is not responsible for cleaning, staging, or preparing the Property before the shoot, and any unprepared conditions may affect the quality of the photos. NREM cannot be held accountable for suboptimal conditions.

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if at any point during the appointment, NREM photographers or service providers feel unsafe due to environmental, physical, or other factors, they reserve the right to leave and discontinue the service. This may include unsafe or hazardous conditions, hostile or aggressive behavior, or situations where the photographer or service provider feels uncomfortable servicing a property when the Client is not present. In such cases, the appointment will be canceled, and a reschedule will be offered if possible.

 

In some cases, the photographer may be required to lock doors or activate alarms at the Property. While we will make every attempt to ensure the Property is secure, NREM cannot be held responsible or liable for failing to perform these tasks. It is the responsibility of the person who scheduled the shoot to ensure the Property is secure, including locking doors and setting alarms if necessary. At no point, whether spoken in person or otherwise, will security or the condition of the Property be considered NREM’s or its photographers’ responsibility.

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Appointment Timeliness and Delays

NREM strives for punctuality but cannot be held responsible for delays due to circumstances beyond our control, such as traffic, weather, technical issues, or emergencies. In the event of a delay, we will notify you promptly and make every effort to ensure the appointment is completed on the scheduled day or rescheduled at a time convenient for the Client.

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Property Access and Authorization

By booking an appointment through our website or app, you grant NREM permission to access the Property you have entered. This means you either have authority over the Property being serviced or have been given authorization to grant us access on behalf of the Property owner or authorized individual.

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You agree to hold NREM harmless for any mistakes related to entering the wrong property or gaining unauthorized access, including through a lockbox. You are responsible for ensuring that all access permissions are properly granted before the appointment is scheduled. Upon booking, you will receive a confirmation email and a text message confirming the Property address. If this information is incorrect, you must notify us as soon as possible so we can correct the details. If NREM arrives at the wrong address or cannot access the Property, a last-minute cancellation fee or wrong address fee will be assessed to the person booking the appointment.

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Photo Packages and Additional Services

Our photo packages are designed to suit a variety of needs and begin at increments of 5 photos, progressing to 10, 15, 20, and beyond. When booking an appointment, you may initially select a package; however, during the appointment, you may request an upgrade or express interest in receiving additional photos. You will be billed based on the total number of photos delivered.

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In some cases, you may receive 1–3 extra photos at no additional charge, at NREM's discretion. Additional photos requested start at $4 per photo, and this policy is subject to change at any time.

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We do not guarantee that extra photos will be delivered beyond the standard package or that extra photos will be available for purchase if requested. This policy does not include instances where the photographer must return to the Property to take a specific photo; such cases will incur a reshoot fee.

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Clients have up to 5 days from the date of delivery to request a specific photo that may have been taken but was not submitted. After this period, the photographer’s memory card will be cleared, and no additional photos can be requested.

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Floor Plans and 3D Scans

Services such as Floor Plans, Zillow 3D, Matterport, and similar offerings are priced based on the Property’s living square footage, as determined by our estimates. Non-living square footage exceeding 1,500 sq. ft. (e.g., garages, storage areas) will be divided in half and added to the total charge for living square footage.

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To avoid discrepancies, any questions or concerns about square footage calculations and related charges must be addressed before the delivery of your digital assets. Once delivered, no adjustments will be made.

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Residential and Commercial Pricing

Our pricing is divided into residential and commercial categories. You will be charged according to the classification of the Property, regardless of whether the Property is being sold, leased, or rented.

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Residential Space
A residential space refers to a property used primarily as a place for people to live. This includes single-family homes, multi-family homes, townhouses, apartments, condos, and vacation homes. The Property must be used for residential living and not primarily for business operations or other commercial activities.

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Commercial Space
A commercial space refers to any property used for business or commercial purposes, including but not limited to office buildings, retail stores, warehouses, industrial properties, restaurants, and hotels. If a Property is primarily used for work, business, or income-generating activities, it is classified as commercial, even if it has some residential features.

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You will be billed based on the classification of your Property as either residential or commercial, and this determination will supersede any selection made when booking your appointment online. For example, if a restaurant is booked as a residential property, we will automatically adjust the classification to commercial (at our discretion) before delivering the final Digital Assets. This ensures that the appropriate pricing is applied based on the Property's true use.

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If there is any uncertainty about whether your Property qualifies as residential or commercial, we recommend reaching out to our office for clarification. You can call us or chat with us online to ensure the correct pricing is applied before scheduling your appointment.

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Payment Responsibility

The person booking the appointment is responsible for the full payment. Payments cannot be split among multiple individuals. Payment must be made in accordance with the terms set forth in this Agreement.

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Third-Party Websites and Vendors

Our website may link to or integrate with third-party websites, platforms, or services. NREM does not guarantee the accuracy, security, or reliability of any third-party vendor or website. Any transactions, use of services, or interactions you have with third parties are solely between you and the third party. NREM is not responsible for any issues, losses, or damages arising from third-party websites, services, or products.

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SMS Messaging

By providing your mobile phone number and opting into SMS services, you consent to receive text messages related to updates, reminders, promotions, or notifications about NREM services and Property marketing. Message and data rates may apply based on your mobile carrier plan. You may opt out at any time by replying “STOP” to any SMS message. NREM is not responsible for delays or undelivered SMS messages caused by third-party carriers or network issues.

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Rainy Day Policy

In the event of rain on the day of your scheduled appointment, you will have the option to reschedule your appointment without incurring any last-minute cancellation fees. However, this policy applies only if you notify us at least 30 minutes before your scheduled appointment time and before the photographer arrives on-site.

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This policy is designed to ensure our photographers only need to visit the Property once. If a separate trip to the Property is required to improve results due to weather conditions, such as rain, fog, or poor lighting, an additional fee will be assessed to cover the costs of the return visit.

If you choose to split your package into an interiors-only shoot and schedule a separate trip for exteriors (under 5 photos), a $50 fee will be applied.

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Rights

All Digital Assets and rights relating to them, including copyright and ownership rights, remain the sole and exclusive property of NREM. This license grants you limited rights to reproduce, publicly display, and distribute the Digital Assets only for promotional or advertising purposes directly related to the sale of the Property. Any use beyond the Property sale requires NREM’s express permission and may incur additional fees.

Photos cannot be transferred or sold to third parties unless express permission is granted by NREM, and the sale is conducted through NREM. If photos are sold or given a stock license, the Client will be required to pay applicable sales taxes.

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Digital Assets may contain copyright management information (CMI). Alteration or removal of CMI is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA).

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Relationship of the Parties

NREM acts as an independent contractor. No agency, partnership, joint venture, or employee-employer relationship is created by this Agreement.

Creation

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The creation of Digital Assets is solely at NREM’s discretion. NREM will ensure conformity with Client specifications and deliver the Digital Assets within agreed timelines.

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Delivery

NREM will deliver Digital Assets in standard formats deemed suitable for reproduction. Your appointment photographs include standard editing. Special requests, such as object removal, enhanced grass, or other advanced photo editing (e.g., removing cars or miscellaneous items through Photoshop), may incur additional fees and are not included in standard services.

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You must verify the adequacy of the Digital Assets and notify NREM within five (5) business days of any issues. After this period, NREM is not responsible for making adjustments or alterations to the deliverables. While NREM may choose to assist with adjustments or alterations beyond this timeframe, such assistance is not guaranteed and may incur additional charges.

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Delivery Portal Usage & Account Management

By using the Delivery Portal at portal.nolaremarketing.com, you agree to take responsibility for maintaining the confidentiality of your account information, including login credentials. While we implement industry-standard security measures to protect your information, we cannot guarantee the absolute security of your account or data and are not liable for any unauthorized access, data breaches, or other security incidents. In the event of system outages or technical issues, we may use alternative methods, such as email or third-party providers, to deliver your content. We are not responsible for any delays, disruptions, or issues that may arise from such outages or third-party services. Additionally, we use third-party providers to process payments through the portal. While we strive to work with reliable partners, we are not responsible for the performance, security, or reliability of these third-party payment processors. If you wish to deactivate or remove your account, you may do so at any time by logging in, contacting our office, or emailing us at removal@nolaremarketing.com. By using the portal, you agree to indemnify and hold us harmless from any claims, damages, or losses related to your use of the portal, including any issues with security, service interruptions, or third-party payment processing.

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Disclosure of Virtual Marketing Elements

Virtual marketing elements such as virtual staging, renderings, or edited photos used for Property marketing must be disclosed by you or your representatives. Misrepresentation of Property conditions is your responsibility.

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Measurement Accuracy Disclaimer

Floor plan and Property measurements provided by NREM are approximate and not guaranteed. For valuation purposes, we strongly recommend consulting with a licensed appraiser.

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Fees

Full payment is required before the delivery of any Digital Assets and/or use of the deliverables. In some cases, a deposit may be required prior to servicing an appointment, with the remaining balance due before the delivery or use of the Digital Assets.

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We are currently transitioning from our old payment system to this new policy. Legacy clients may still be on the previous payment system, while new clients will be required to pay according to the updated terms.

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Unless a client has called ahead of time and arranged for different payment terms that we mutually agree to, payment terms cannot be altered or adjusted after the appointment is serviced.

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Weekly or monthly billing plans can be set up through the office. Approval of these plans will depend on various circumstances, including the frequency of appointments and the client maintaining a good payment history. In some cases, a credit card on file may be required for approval.

 

Some services offered by NREM include monthly or yearly subscriptions. Premium virtual tour services come with one year of free hosting, after which a yearly hosting fee will be assessed. Clients will not be charged without prior notification and approval. Matterport 3D hosting services are complimentary for a six-month period and will require a monthly or yearly fee thereafter.

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Cancellation Policy

Cancellations made less than 12 hours before the Property shoot will incur a cancellation fee of $50 for standard shoots or $30 per person for headshots.

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Storage / Retention of Digital Assets

NREM guarantees the storage of your digital assets for up to 18 months from the date of delivery. After this period, we are not obligated to retain or make your digital assets available for retrieval. To ensure long-term access to your images, videos, and other digital files, we strongly recommend that you download and store all assets on your personal computer or another secure storage solution. NREM will not be held responsible for any loss or unavailability of digital assets after the 18-month storage period has passed.

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No Exclusivity

This Agreement does not create an exclusive relationship between the parties. Both parties may engage in similar business relationships with others.

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Transfer and Assignment

This Agreement cannot be transferred or assigned by you without NREM’s written consent.

Indemnification, Limitation of Liability, and Hold Harmless

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You agree to indemnify, defend, and hold harmless NREM, its affiliates, agents, independent contractors, and employees from and against any and all claims, damages, losses, liabilities, costs, or expenses (including attorneys' fees) arising out of, or related to, the creation, use, or delivery of Digital Assets, or any services provided by NREM.

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NREM will not be held responsible or liable for any losses, damages, claims, or delays (whether direct, indirect, incidental, consequential, punitive, or otherwise) arising out of or in connection with the creation, delivery, or servicing of appointments, regardless of whether such losses or damages are due to NREM’s actions or inactions. In the event of delays in delivery or issues regarding the creation of Digital Assets, NREM’s liability will not exceed the total cost of the appointment.

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You further agree to hold harmless NREM and its independent contractors for any and all claims, losses, damages, or liabilities, including but not limited to those arising from third-party claims related to the use of Digital Assets or services provided.

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General Law/Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved at NREM’s sole discretion, through arbitration, small claims court, or the 22nd Judicial District Court, or Federal Court, as NREM deems appropriate. The parties expressly consent to the exclusive jurisdiction and venue of the selected forum and waive any objections to such jurisdiction or venue. NREM may elect any forum it deems suitable for the resolution of the dispute, and the parties agree to submit to that forum for all related matters.

This Agreement is governed by and construed in accordance with the laws of the State of Louisiana. In the event that the dispute involves the enforcement of payment or collection of amounts owed under this Agreement, the responsible party shall reimburse NREM for all costs incurred, including but not limited to attorneys' fees, court costs, and any other expenses associated with the enforcement action, regardless of the outcome. The parties shall bear their own legal costs for any other disputes unless otherwise required by applicable law or the selected forum.

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Severability

If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.

 

Waiver

No waiver of any provision of this Agreement will be effective unless in writing and signed by both parties.

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Updated: 12/13/24

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