If you order any LENS REALTY LLC (“LensRealty”) photographs, floor plans, videos, marketing kits, virtual staging, 3D virtual tours, or any other LENS REALTY LLC services (“Products”), then you (“Client”) agree to these terms and conditions:

I. LensRealty Products

A. LensRealty Photo

1. Photography of the interior and exterior of the property.

2. Please review the “Pre-shoot Checklist” PDF available at www.LensRealty.com in order to assist LensRealty in better serving you, the Client. Make sure all lights are on, all window covers are open, all blinds are horizontal and all fans are turned off.

3. LensRealty does not sell physical products, rather LensRealty is solely selling a limited use license.

B. LensRealty Floor Plans

1. Each floor plan is meant for illustration purposes ONLY. These floor plans are an estimate and should not be used to determine the total square footage of the property. All measurements are taken wall to wall within the property. Floor plans do NOT show exact dimensions of rooms, hallways, or the property as a whole.

2. LensRealty does not guarantee the accuracy of the measurements included on the floor plan and assumes no responsibility for the accuracy of the measurements. Clients are responsible for verifying the accuracy of the floor plan.

C. LensRealty Marketing Kit

1. Unbranded Property Website – The LensRealty unbranded property website is an online web gallery composed of a sequence of images. The link is unbranded and typically may be used in the local Multiple Listing Service (MLS).

2. Branded Property Website – The LensRealty branded property website is an online web gallery composed of a sequence of images. The website is branded by including information (name, number, broker, photo, etc.) regarding the listing agent in the property website. The link is branded and typically may NOT be used for local MLS purposes.

D. LensRealty Drone

1. Prior to the scheduled photoshoot, the client is responsible for determining whether the property is suitable for drone photography. If the drone leaves the ground, the client will be charged for drone photographs.

2. Operators of drones have the right to refuse flights in unsafe or unlawful conditions.

3. Properly operating machines are essential to drone operation. In the event of a drone not passing pre-flight inspection, LensRealty may cancel any drone order.

E. We reserve the right to change prices at any time without notice.

II. Delivery

A. Typically, LensRealty delivers Products digitally via email to Clients the following business day after the photographer visits the property.

1. Alternative delivery options may be arranged depending on the situation. LensRealty will not and does not print and sell images either on paper or on CD/DVD/Memory stick.

2. Images are delivered in 3 different sizes, the full size for print quality, a small resolution form in order to meet the requirements of the local MLS, and a smaller format size for social media. We also give you the ability to generate a custom size on your download page, at no additional charge to the Client.

B. Upon delivery to the Client, all LensRealty Products undergo a thorough inspection by LensRealty. The Client will not be charged for corrections of errors made by LensRealty. Upon delivery of the Product to the Client, if it passes LensRealty inspection, the Client is then responsible for payment.

1. In order to receive suggested corrections for free, the Client must submit any comments or corrections within four (4) days of receipt of photos. The offer does not apply to clients who pay for the editing.

C. LensRealty will deliver the exact number of images that the property requires or approved by the Client. 

D. Client will NOT be able to “pick and choose” from a set of images.

E. Prior to the photographer leaving the property, the client must review all photos. This is the client’s only chance to review the photos.

III. Cancellation

A. Cancellations need to be made no later than 3 hours before the scheduled appointment. If you cancel within 3 hours, you will be charged a $60 cancellation fee. If Client consistently cancels or no-shows, LensRealty may cease taking orders from Client.

B. Please call 1.888.333.7702 or email contact@lensrealty.com (with Cancellation written in subject line) to cancel an appointment.

C. Weather Conditions – Sunny days are ideal for LensRealty products.

1. Overcast – LensRealty will insert a blue sky and make sure each Product appears to be a sunny day without charging the client an extra fee.

2. Heavy Rainfall – The appointment may need to be rescheduled at no additional charge if heavy rain is forecast. Despite the outside conditions, LensRealty is able to complete all interior work. Once the weather improves, a return shoot may be arranged for the exterior shots.

IV. Payment

A. Whomever places the order with LensRealty is responsible for payment to LensRealty.

B. All payment is due before the edited product is released.

C. Nonpayment

1. The Client will not be permitted to use LensRealty Products in any form if payment is not made. We will contact the local MLS and ask them to remove all LensRealty-purchased products from the website that were not paid for. Furthermore, Client’s broker/manager will be notified that Client and brokerage are in violation of LensRealty copyright by using LensRealty products. Nonpayment of LensRealty Products could result in legal action due to copyright infringement.

2. Whenever legal action is needed to collect unpaid balances or to prevent continued copyright infringement, Client agrees to reimburse LensRealty for any and all legal fees, court costs, and other legal expenses that may be incurred.

V. Copyright

A. In their relationship with LensRealty, the Client acknowledges that LensRealty owns the copyrights to all LensRealty products.

B. Client (and Client’s broker) are granted a nonexclusive, nontransferrable license to use Products delivered to Client for marketing purposes (including use of the Products in third party brochures, magazines, flyers, websites, etc.).

C. Any license not specifically granted in these Terms and Conditions is reserved by LensRealty.

D. Licensed images may be used only during the listing period (and future listing periods), but on a case-by-case basis, the Client can use photos for marketing for longer than the listing period (e.g. on a personal website or broker website).

E. It is NOT permitted for clients to resell any LensRealty products to a third party (another real estate agent or property owner). There may not be a subsequent real estate agent or owner of the same property who uses our products.

VI. SMS Disclosure

Please note that, subject to end-user opt-in, LENS REALTY LLC will periodically send  SMS Notifications, Alerts & Occasional Marketing Communication. Msg volume may vary. Text HELP for more assistance. Text STOP to unsubscribe. Msg & Data Rates May Apply. Carriers are not liable for delayed or undelivered messages.

VII. General Information

A. Independent contractors may be used by LensRealty to provide services. In NO event will LensRealty be held liable for the negligence or damage of independent contractors.

B. LensRealty and the Client agree that these terms and conditions form the only contract between them (unless otherwise specified) and are subject to revision at any time.

C. The Client acknowledges that LensRealty owns the Products (as acknowledged above in *V(A)), which entitles LensRealty to, among other things, display LensRealty Products, property information, and agent information on certain LensRealty owned websites. LensRealty is not obligated to do so, but may choose to do so at LensRealty’s discretion.

D. The images, videos, floor plans and the marketing kit will remain on the LensRealty website for no charge for one (1) year. LensRealty will provide the Client with one (1) additional year of hosting at a fee if the Client needs more time. 

E. The posting of LensRealty Products on other third-party websites is not the responsibility of LensRealty. In the event of a problem or complaint, the Client must contact the third party.

F. Third-party mapping tools used on LensRealty websites are not guaranteed to be accurate by LensRealty.

VIII. Privacy Policy

Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

IX. Venue and Governing Law

A. In this regard, the client irrevocably and for all purposes consents to the jurisdiction of any federal or state court or other tribunal in New York, NY.

B. Terms and Conditions are governed by the law of the state of New York, and are to be construed and interpreted as such.

X. Limitations of Liability and Indemnification

A. As a client, you agree to indemnify, defend, and hold LensRealty harmless from, against, and with respect to any and all claims, demands (whether direct, indirect, consequential, incidental or otherwise), actions, suits, arbitrations, injunctions, proceedings, investigations, liabilities, obligations (whether in contract, quasi-contract, or tort), losses, damages, fines, penalties, assessments, judgments, costs and expenses (including reasonable attorneys’ fees and investigatory fees) of any kind or character, arising out of, incident to, attributable to, or otherwise related, in whole or in part, to the Products delivered or otherwise provided to the Client (or any use, reproduction, distribution, licensing, display, performance, broadcast, publication or otherwise exploitation thereof).

B. Any consequential damages of any kind will not be covered by LensRealty, and LensRealty disclaims any liability, even if Client has advised LensRealty of the possibility or certainty of such damages.

C. For all claims whatsoever, LensRealty’s cumulative liability shall not exceed what Client has paid to LensRealty for LensRealty Products, or the provision thereof.