PhotoReal Terms & Conditions

PhotoReal LLC – Terms of Use

Thank you for your interest in PhotoReal LLC (PhotoReal). 

PhotoReal is a platform that provides you with easy access to independent photographers. The photographers on PhotoReal are not employees of PhotoReal and we are not responsible for their actions, conduct, negligence, or quality of work. PhotoReal is a marketplace facilitator.  

1. License to Use 

By purchasing media creation services on PhotoReal, you are granted a perpetual, non-exclusive, non-transferable license to use the material provided by the contracted photographer for your real estate marketing purposes only. 

2. Restrictions on Use 

a. The material received through PhotoReal may not be resold, sublicensed, or distributed without the express written consent of the photographer who created the media. 

b. You may not use the material for any purpose other than marketing the specific property for which the services were ordered and for your general marketing purposes.  

3. Rights Reserved by PhotoReal 

PhotoReal reserves the right to use any material created through our platform for our own marketing, promotional, portfolio purposes, and business purposes, without additional compensation to the client or photographer. This right extends to using the material on our website, social media, and other marketing channels. 

4. Photographer’s Rights 

The photographers who create the material retain their copyright and reserve the right to: 

a. Use the material in their own portfolio 

b. Resell or redistribute any of the material they create, subject to any exclusive period agreed upon with the client 

5. Quality and Satisfaction 

While PhotoReal strives to ensure high-quality results, we cannot guarantee absolute satisfaction with every piece of content created since each photographer or photography business is an independent contractor. Clients are encouraged to review the photographer’s portfolio before booking. 

If you are not satisfied with the results of your order, you must reach out to the photographer for the work to be corrected. If you are still unsatisfied, you may email support@photoreal.io within 12 days of the order’s completion, and we will act as a facilitator between you and the photographer. PhotoReal is not responsible for the quality or final outcome of the work produced by the photographer.  

6. Cancellation and Rescheduling 

a. Cancellations made less than 24 hours before the scheduled appointment time may be subject to a cancellation fee. Each photographer sets their own cancellation fee. This is noted on their profile.  

b. Rescheduling requests should be made at least 24 hours in advance to avoid potential fees. Each photographer sets their own reschedule timeframe and fee. This is noted on their profile. 

7. Liability 

PhotoReal is not liable for any damages or losses resulting from the use or inability to use the materials provided through our platform. PhotoReal is not liable for any actions of the independent photographers on PhotoReal.  

PhotoReal’s total liability, if any, shall not exceed the amount paid by you for the specific service in question. 

8. Payment and Refunds 

a. Payment is due at the time of booking unless otherwise agreed upon. 

b. Refunds may be issued at PhotoReal’s discretion and will be considered on a case-by-case basis. 

c. Photographers may issue refunds for their portion of the order cost.  

d. Refund requests for editing fees and platform booking fees must be submitted to support@photoreal.io within 12 days of the order completion.  

e. Photographers may add additional charges to an order for services beyond the original scope of work. Photographers are required to obtain your prior written approval before performing any work that incurs additional fees. Additional charges not disclosed in advance or approved by you may be disputed through support@photoreal.io. 

9. Privacy and Data Protection 

PhotoReal will handle all personal and property information in accordance with our Privacy Policy and applicable data protection laws. 

10. Property Access & Safety 

By placing an order on PhotoReal you agree to have the authority and permission from the property owner to schedule and provide access to a photographer.  

You agree to ensure that the property is safe to access and free from hazards. If hazards are present, you are responsible for notifying the photographer prior to the appointment.  

11. Indemnification 

You agree to indemnify and hold harmless PhotoReal from any claims related to the creation of any work through PhotoReal and the use of the material.   

You understand that photographers are responsible for their own general liability insurance and PhotoReal does not provide insurance coverage for any of the photographers on our platform. 

You understand that we do not require photographers to carry general liability insurance. We display whether a photographer carries general liability insurance or not. You are responsible for selecting a photographer who carries general liability insurance if this is a requirement for you.  

This indemnification includes but is not limited to claims arising from copyright infringement, property damage, personal injury, or misuse of the materials. 

12. Modifications to Terms 

PhotoReal reserves the right to modify these Terms & Conditions at any time. Continued use of our services after such modifications constitutes acceptance of the new terms. 

 By using PhotoReal’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. 

13. Governing Law 

These terms and conditions will be governed by and construed in accordance with the laws of the State of Michigan, USA without regard to conflict of law principles.  

Last Updated: 01/05/2025