Terms of Service

This Real Estate Marketing Services Agreement ("Agreement") is a legally binding contract between Users and Registrants of TheVisaro LLC ("You," "Your," "Users," and "Client") and TheVisaro LLC ("Visaro," "we," "us," and "our"). By accessing or using our website, purchasing products and services ("Media"), or engaging with us in any capacity, you agree to the terms and conditions outlined in this Agreement.

The terms "Photographer," "photography team," "us," "we," and "our" refer to TheVisaro LLC and all associated agents, employees, or representatives. The term "Media" refers to all photography, videos, 3D tours, floorplans, websites, and other media services produced by us. The term "Property" refers to the real estate location where media services will be performed. The terms "Agreement" and "Contract" refer to this binding document and its terms.

Client authorizes TheVisaro LLC to enter the Property and capture various Media. You confirm you have the authority to permit this and agree to indemnify and defend us against any claims arising from our services. Client ensures the Property is prepared for the shoot. Our team is not responsible for cleaning, staging, or rearranging furniture. Pets must be contained during the session and will not be included in the photographs. Any specific requests must be communicated at least one (1) calendar day prior to the scheduled session.

If the Client fails to show or provide proper access, the full fee is due immediately. Requests to reschedule or cancel within twenty-four (24) hours of the scheduled shoot incur a $175 fee. Exceptions may be made for medical emergencies or adverse weather conditions at our discretion.

Media will be delivered in high-resolution .jpeg and .mp4 file formats via an online gallery. Our standard processing includes adjustments for white balance, contrast, and composition. Additional processing requests should be made promptly. Clients must review the delivered Media upon receipt. We do not retain archives, and responsibility ends at delivery. Any disputes or additional requests must be submitted in writing within five (5) business days of receipt of the Media.

The rate for any Paid Service shall be set forth on TheVisaro LLC online Pricing Page and Order Form. All rates are stated in U.S. dollars and are valid until altered by us. In the event that a Paid Service on this Website is mistakenly listed at an incorrect rate, TheVisaro LLC reserves the right to refuse or cancel any orders placed for the Paid Service listed at the incorrect rate.

We agree to provide you with the requested Media. Payment is due at the time of delivery of the Media. If you have paid us in full, you have the rights to use the Media based on our Commercial License Terms below. Charges will appear as "TheVisaro" on your credit card/bank statements.

We are an independent contractor and not your employee. You are not our agent and cannot make agreements for us. When you receive Media from us, please check them to be sure they are acceptable. Any additional services requested after delivery of the Media may incur an additional fee. To avoid misunderstandings, you agree to notify us in writing within five (5) business days of receipt of the Media if you believe they are not acceptable.

Visaro Pro is an optional monthly membership ("Membership") offered by TheVisaro LLC in two plans, Solo and Team. The current plans, prices, and included benefits are described on the Visaro Pro page of this Website and in your client portal. By subscribing, you agree to this section in addition to the rest of this Agreement.

Billing and renewal. The Membership fee is charged in advance to the payment method you provide at checkout, beginning on the date you subscribe, and the Membership renews automatically each month until it is cancelled. Payments are handled by our third-party payment processor. The Membership fee is separate from, and in addition to, the price of any Paid Service you book. Price lock. The Membership fee you are charged when you subscribe (on a Team, the per-agent fee) will not increase for as long as your Membership remains continuously active; moving between the Solo and Team fee because your Team's size changes is not a price increase. If we change our prices, the new prices apply to new Memberships and to any Membership that is cancelled or ends for any reason, including non-payment, and is later restarted. The price lock applies to Membership and seat fees only; our services are charged at the prices on our price list at the time of booking, less your member discount. We may change the included benefits by giving you at least thirty (30) days' notice by email, and you may cancel before a change takes effect.

Cancellation and refunds. You may cancel at any time from your client portal. Cancellation takes effect at the end of the month you have already paid for, and you keep your benefits until then. Membership fees already paid are non-refundable, and we do not provide refunds or credits for partial months or for benefits you did not use, other than the pro rata adjustment for seat changes described under Team plan below. If a payment fails, we may suspend or end your Membership and its benefits until payment is made.

Benefits. Membership benefits are applied to bookings you make while your Membership is active, subject to the following:

• Member pricing applies to the price of services booked while your Membership is active. It does not apply to travel fees, cannot be combined with other discount codes or offers, and does not change the price of bookings confirmed before you joined.
• Benefits attach to individual bookings. They have no cash value, cannot be transferred or exchanged, and do not carry over if unused.
• Included virtual twilight edits apply to daytime shoots only.
• Visaro Pro's 12-to-24-hour delivery applies to photographs only; video and other Media follow our standard delivery times. Delivery times may be affected by weather, access to the Property, or other circumstances outside our control.
• Priority booking means your requests are reviewed first. It does not guarantee a particular date or time.
• A property website included with a booking stays live while your Membership is active. After your Membership ends, the website remains live until the end of its then-current term and is then taken down unless renewed.

Team plan. Each agent on a Team holds their own Membership, billed to their own payment method, and may cancel it independently. A Team is formed when one agent names other agents when subscribing or invites them from the client portal. Once three (3) or more agents with active Memberships are on a Team, each of them is billed at the per-agent Team fee shown on the Visaro Pro page and the Team benefits apply; a newly formed Team has until the founding member's next monthly renewal to reach three agents; if it has not, each member still billed at the Team fee is billed at the Solo fee from their next renewal until the Team has three active agents. When a Team falls below three active agents, the same applies from each remaining member's next renewal. The quarterly branding session is included for Teams of three (3) or more agents, is available once per calendar quarter on request, is subject to scheduling availability, and does not carry over if unused.

Complimentary Memberships and termination. We may from time to time grant a complimentary Membership, which carries the same benefits at no charge and may be ended by us at any time. We may end any Membership for breach of this Agreement or misuse of its benefits. The end of a Membership does not affect amounts owed for Paid Services already booked.

TheVisaro LLC owns and retains all copyrights for works created or produced by TheVisaro LLC, its affiliates, employees, contractors, and subsidiaries.

Unless otherwise specifically agreed to in writing by the parties, TheVisaro LLC hereby grants to Client the non-exclusive, non-sublicensable, revocable, and non-assignable right to reproduce, display, broadcast, and transmit (collectively "use") the Licensed Content in any and all media, now known or hereafter devised, in the Territory, and during the Term, provided that the Licensed Content may only be used for the sales and marketing of the property depicted in the Licensed Content (the "Subject Property") while such Subject Property is listed with Client.

In the event of non-compliance by Client, the license may be revoked at the discretion of TheVisaro LLC. In case of revocation, Client must actively remove any disseminated content.

In addition, TheVisaro LLC hereby grants to Client the limited right to sublicense the Licensed Content to one or more multiple listing services (each, an "MLS") for comparable database use purposes, provided that Client is a member of each such MLS to which a sublicense is granted, and such sublicenses shall not be further sublicensable.

Notwithstanding the foregoing, Licensed Content used by Client prior to the expiration of an applicable representation agreement between Client and a third party may continue to be used by Client or the agent representing the subject property after the expiration of such representation agreement, for the sole purpose of marketing the Client or the agent that represented the subject property in the context of showing previous properties for sale/sold.

All rights not explicitly granted in this Agreement are reserved to TheVisaro LLC. TheVisaro LLC is and will remain the sole and exclusive owner of the copyright and all other rights in and to the Licensed Content. No other rights or uses are permitted without the prior written consent of TheVisaro LLC.

Except as necessary for the use of the Licensed Content in the end use, Client may not crop, rotate, alter, change, manipulate, or combine the Licensed Content with other images or works without TheVisaro LLC's prior written permission. Client may not incorporate the Licensed Content in any logo, trademark, or service mark.

When Licensed Content is used on a social media or other third-party website or application that permits sharing of content, in the event the website seeks to exploit rights to the Licensed Content contrary to the terms of this Agreement, this Agreement (to the extent it extends to the relevant Licensed Content) shall be automatically revoked, and Client shall take commercially reasonable efforts to remove the Licensed Content from such website.

Client is under no circumstance permitted to sell or collect payment of any kind for the use or display of Licensed Content produced by TheVisaro LLC. Client is not permitted to assign the rights granted by TheVisaro LLC to any third parties without express written consent from TheVisaro LLC.

TheVisaro LLC respects copyright law and expects you to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. As a condition to your use of the Service or Site, you agree that you will not use the Site or Service to infringe the intellectual property rights of others in any way.

TheVisaro LLC's policy is to terminate access to the Site and use of the Service by any users who are repeat infringers of the copyrights or other intellectual property rights of others.

TheVisaro LLC, its affiliates, employees, officers, representatives, service providers, and suppliers shall not be responsible for nor be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the Site, the Service, third-party content, or information contained within the Site, including but not limited to your downloading or uploading of any material or documents or your use of any application or functionality associated with the Site or Service, even if TheVisaro LLC has been advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless TheVisaro LLC, its officers, directors, employees, agents, licensors, suppliers, and any third-party service providers to the Site and/or Service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, arising from:

• Any breach of these Terms
• Your access to and use of the Site
• Your use of the Service
• Your creation or use of third-party content
• Your grant of rights and licenses to The Visaro pursuant to these Terms

The language in this Agreement will be interpreted as to its fair meaning and not strictly for or against any party. If any portion of this Agreement is deemed illegal or unenforceable, the remaining provisions remain in full force and effect.

If you have any comments or questions about these Terms, the Site, or our Service, please contact us by email at jacob@thevisaro.com.