TERMS AND CONDITIONS

ALL RESIDENTIAL REAL ESTATE VIVID PEAK SERVICES
EFFECTIVE 2020-09-20

TERMS

Agreement: The terms and conditions listed below, agreed to by The Client and Vivid Peak whenever The Client requests services from Vivid Peak.
Digital Content: Any and all files transferred to The Client digitally such as but not limited to photographs, images, videos, measurement reports, floorplans, drawings, and virtual tours.
JPEG/DNG/RAW: File types for images and photographs.
MP4: Standard file type for video.
The Client: The customer requesting and receiving Vivid Peak’s services.
The Property: The real estate and all things within it that The Client is representing in relation to the requested services.
UAV: Unmanned Aerial Vehicle; Also commonly referred to as drones, unmanned aerial vehicles are used for aerial photos and video of land and buildings.
URL: Uniform Resource Locator; Commonly called a website address, it is the string of characters that identifies the digital address for websites such as www.vividpeak.ca
Vivid Peak: A registered tradename for a marketing and media business located in Calgary, Alberta.
WeTransfer: An online file-transferring service by a third-party to allow Vivid Peak to transfer large files to The Client.

CONDITIONS

Readiness Agreement: The Client is responsible for ensuring the property is ready for services at the requested booking time. Vivid Peak is not responsible for cleaning The Property and is also not liable for poor production quality related to the lack of property cleanliness, poor lighting, property imperfections, or insufficient time given at the property. The Client agrees to ensure the following is done prior to Vivid Peak arriving to the property for scheduled services:

 Notify the homeowner of the services scheduled with the approximate required duration, and of all other property readiness requirements listed below.
Open all blinds and curtains to ensure as much natural light can enter the property as possible.
Turn on all the lights in the house including table lamps, garage lights, and exterior lights. Ensure all light bulbs are working (no dead light bulbs).
Ensure that all parts of The Property are accessible and sufficiently cleaned.
Do not park in the garage or in front of the property to keep vehicles out of the photos and video.
Ensure that anything undesirable or prohibited (drugs, weapons, etc.) be removed from The Property as well as anything not allowed to be reproduced via photos or video.
Privacy Agreement: It is The Client’s responsibility to inform the homeowner that Vivid Peak will require access throughout The Property for several hours. Vivid Peak will use, depending on the services requested, various cameras, a phone, tablet, measurement tools, UAV (drones), and flash lighting. It is the responsibility of The Client to ensure the homeowner takes precautions to protect anything private to minimize privacy concerns. Vivid Peak may need access to closets, pantries, storage areas, and other areas that may be featured in the Digital Content if deemed valuable for the final product.


Content Rights: All Digital Content and rights relating to them, including copyright and ownership rights, remain the sole and exclusive property of Vivid Peak. This agreement does not grant any ownership rights to The Client. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Digital Content only for promotional or advertising purposes related to the sale or leasing of the property for as long as The Client is representing the property. Photos may be uploaded to any MLS listing service solely for promotion of the Property during the pendency of this Agreement. However, regardless of any terms and conditions of the MLS, at no time does this Agreement provide The Client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act (R.S.C., 1985, c. C-42).

Vivid Peak retains the right to use any Digital Content produced for marketing and advertising purposes. Photos may contain copyright management information (CMI) at the discretion of Vivid Peak in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere. Removing or altering such information is strictly prohibited and The Client will be responsible to Vivid Peak for any penalties under the Notice and Notice regime within the Copyright Act of Canada.


Creation: The manner and method of creating any Digital Content is solely at the discretion of Vivid Peak. The Client has no right to control Vivid Peak’s manner and method of performance under this Agreement. Vivid Peak will use best efforts to ensure that the Digital Content conforms to The Client’s specifications and submit all Digital Content to The Client in publishable quality.


Delivery: When possible, Vivid Peak will always deliver Digital Content by email unless otherwise specifically requested.


Photos: Photographs are delivered in JPEG or PNG at a resolution that Vivid Peak determines will be suitable for the photos as licensed. It is the Client’s responsibility to verify that the Digital Content is suitable for reproduction and that if the Digital Content is not deemed suitable, to notify Vivid Peak within three (3) business days. Vivid Peak’s sole obligation will be to replace the Digital Content at a suitable resolution or quality. Unless otherwise specifically provided, Vivid Peak is not responsible to provide images 1) larger than 2MB file size or 2) any physical prints of Digital Content. Vivid Peak has no obligation to retain or archive any photos delivered to the Client after 60 days.

Measurements: The measurements and calculations conducted for the RMS measurement service for property area shall be deemed accurate as according to the RMS (Residential Measurement Standard) declared by RECA (Real Estate Council of Alberta). Measurements will be done according to the Residential Measurement Standard under the discretion of Vivid Peak solely. Measurement services may have up to 2% error due to uncontrollable limitations, such as but not limited to, obstructions to the exterior such as shrubs or sheds, where other means will be used to measure the property as recommended by Real Estate Council of Alberta: Guide to the Residential Measurement Standard in Alberta, provided by RECA. Vivid Peak is insured for Errors and Omissions for $1,000,000 by Trisura Guarantee Insurance Company. Vivid Peak will not hold responsibility for any amount larger than $1,000,000(CDN) during the event and claim of a wrongful act.

Floorplans: Floorplans provided by Vivid Peak are not RMS compliant and are strictly designed for the intended use of visual aid only. Under no circumstances shall Vivid Peak’s 2D Floorplan service substitute proper RMS measurements or be deemed as accurate. Alteration of measurements, drawings, layout, dimensions, supporting text, or of the floorplan after the Digital Content has been delivered is strictly prohibited. Vivid Peak shall not be held liable for potential damages or misleading information from the 2D Floorplan service.

Videos: Video files are delivered using MP4 format and will be rendered in the highest quality available while maintaining a total file size of 2GB or less for all video durations unless specifically requested by The Client. Due to the size of video files, special delivery methods are required. Vivid Peak uses a downloadable link provided by WeTransfer sent by email to The Client to transfer MP4 files. Most of Vivid Peak’s turnaround time is under 24-hours, however, video may take up to 5 days to turn around to ensure high quality media production.

Virtual Tours: All virtual tours are provided with a URL link to a dedicated Vivid Peak page and an embed code that can be placed on a website page. An unbranded MLS-ready URL link is also provided. All URL links, embed codes, etc. are all allowed to be used related to the sale or lease of the property.