TERMS AND CONDITIONS

ALL RESIDENTIAL REAL ESTATE VIVID PEAK SERVICES
^{UPDATED 2021-05-15}

TERMS

Acuity Scheduling: An online booking application that allows Vivid Peak to take and reserve appointment times.
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.
HDR: High-Dynamic-Range. HDR photos provide realistic detail in shadows and highlights, such as bright windows and dark shadows, to look similar to what the human eye produces.
iGuide: A specialized camera scanner and mapping service, sold and offered by Planitar Inc, a corporation headquarted in Kitchener Ontario, Canada. 
JPEG/DNG/RAW: File types for images and photographs.
MP4: Standard file type for video.
Smash: An online file-transferring service by fromsmash.com to allow Vivid Peak to transfer large files to The Client.
Stripe: A payment processing service that stores and processes credit card information on Vivid Peak’s behalf.
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
Vimeo: A video hosting service that is MLS compliant, with no advertisements, that allows you to share videos using a URL link.
Vivid Peak: A registered tradename for a marketing and media business located in Calgary, Alberta.
WeTransfer: An online file-transferring service by wetransfer.com 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 allow as much natural light to 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 is required to use various electronic devices and tools depending on the services requested. These devices and tools include, but are not limited to, cameras, smartphones, tablets, laser measurement tools, UAV (drones), and 360 degree virtual scanners. It is the responsibility of The Client to ensure the homeowner takes precautions to protect anything private to minimize privacy concerns. Vivid Peak will need access to closets, pantries, storage areas, and other areas that may be required for area measurements to ensure RMS required accuracy.


Failure to Attend: In some circumstances, Vivid Peak may fail to show on-time or at all to the scheduled appointment due to reasons such as, but not limited to, severe traffic, hazardous weather, vehicle accidents, or health related emergencies. Vivid Peak shall be held responsible to reschedule a new appointment no later than seven (7) days from the initial appointment date unless Vivid Peak is unable due to health complications. Vivid Peak will immediately refund any amount paid by The Client if Vivid Peak cannot honour the scheduled appointment time.

If The Client fails to attend the scheduled appointment without using the cancellation function at least 4 hours in advance, a penalty of $50.00 will be charged. Vivid Peak will not charge the penalty if a cancellation is received at least 4 hours in advance of the intended appointment start time.


Content Rights: 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.

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 right to reproduce, publicly display, and distribute the Digital Content. The Client is not required to credit Vivid Peak, the content producer, or the measurement technician for any of the content produced while distributing, sharing, or otherwise publicly displaying the content.

The Client is allowed to distribute and grant these licensing rights to other real estate professionals. 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), to ensure that Vivid Peak maintains ownership rights of all content produced. This policy is to protect Vivid Peak and allow Vivid Peak to use the Digital Content for marketing and advertising purposes only.

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.

Vivid Peak shall hold no liability whatsoever for damages, lost income, or potential income due to lack of quality of any Digital Content delivered to The Client not including the measurements service specifically for RMS compliant floor area. It is the responsibility of The Client to ensure all Digital Content is satisfactory in quality. Distributing, uploading to MLS, or other sites, will be considered proof that The Client deemed the Digital Content satisfactory in quality.  


Delivery: When possible, Vivid Peak will always deliver Digital Content by email unless otherwise specifically requested. Vivid Peak is not responsible for uploading or distributing content to anyone else other than The Client. Vivid Peak is not responsible for printing or delivering hard copies of any of the content.


Pricing and Payments: By using Vivid Peak’s services, The Client authorizes Vivid Peak to automatically charge the credit card entered during the online booking process for all services completed by Vivid Peak. Vivid Peak will only charge the amount equal to the services requested either by text, email, booking, or verbally. Vivid Peak retains the right to withdraw all licensing rights if payment cannot be processed. VIvid Peak may alternatively send an invoice to be paid.

Pricing for all packages and measurements are based on the RMS-compliant above grade area. RMS-compliant above grade area is different for attached and detached properties. RMS-compliant above grade area for both attached and semi-attached properties are based on the total interior area. RMS-compliant above grade area for detached properties is based on the total exterior area. Please see the link below for more information on RMS-compliant area.

Real Estate Council of Alberta – Residential Measurement Standard

Vivid Peak currently charges $0.10 per sqft of billable area (RMS-compliant above grade area). Vivid Peak rounds down to the nearest 100 sqft. For example, a detached house with an RMS-compliant above grade area of 1297 sqft would be rounded down to 1200 sqft and charged at $0.10 sqft ($120.00), not including applicable GST.

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 after receiving the Digital Content. 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 120 days.

Measurements: Planitar Inc, creator and seller of iGuide equipment and services, provides Vivid Peak with the equipment and mapping services for all measurement services, virtual tours, and floor plan creation. Measurement services may have up to 2% error due to uncontrollable limitations, such as but not limited to, obstructions to areas required to be measured or reasonable human error. The measurements conducted use a unique time-of-flight laser technology, patented by Planitar Inc. that guarantees laser measurements accuracy with less than 1% error. These measurements are conducted in accordance with the 9 RMS principles stated by Real Estate Council of Alberta (RECA). 

The measurement service requires that Vivid Peak has access to all floor spaces (above and below grade), including walk-in closets, storage rooms, and bathrooms for the purpose of scanning the floor area using the iGuide system. Each scan records crucial data for the mapping of all dimensions of the property and must be done in strict accordance with the end-user procedures provided by iGuide and Planitar to guarantee RMS principles and accuracy requirements. If Vivid Peak is not given access to all areas of the property, Vivid Peak shall hold no liability in the situation that any measurement is deemed incorrect because the ability to follow the strict procedures required by iGuide and Planitar is compromised as a result. 

Vivid Peak systemically verifies measurements for accuracy with compliance to iGuide’s end-user agreement. Vivid Peak is also insured for both General Liability and Errors and Omissions for $1,000,000 by Trisura Guarantee Insurance Company. Vivid Peak will not be held responsible for any amount larger than $1,000,000(CDN) during the event of a wrongful act, measurement error, or privacy breach.

Basement area will be done in accordance to the RMS procedures using interior measurements (paint-to-paint) although will not be included with the RMS area of the property. Basement area is approximate by nature and will be specified as either finished or unfinished on the measurement report, separate from the RMS Area Report. 

Room dimensions shall be provided from the iGuide measurement service and cannot be guaranteed for accuracy. These room dimensions are not used as part of the RMS measurement report in any way and are only used as an estimate for the MLS property listing specifications. Room dimensions and floorplans are strictly designed for visual aid only. Spaces such as hallways and walk-in closets may be excluded from the room measurements service unless requested otherwise. 

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 any other part of the 2D floorplan after Vivid Peak has delivered it is strictly prohibited. Vivid Peak shall not be held liable for potential damages or misleading information from the 2D Floorplan service as they are only intended to be used as a visual aid.

Videos: Content for video creation is produced and edited in 4K resolution (3840 x 2160 resolution) for all files. The final video product is delivered using MP4 format and rendered in a resolution and quality setting deemed suitable by Vivid Peak to ensure adequate quality while minimizing file transfer size to under 500MB per 1 minute (60 seconds) of video rendered. To maintain smaller file sizes, Vivid Peak may render videos at 1080P (Full-HD). Vivid Peak will only deliver the highest quality and largest file size to The Client if it is specifically requested by The Client. Due to the nature of large video files, Vivid Peak uses a downloadable link provided by Smash or WeTransfer sent by email to The Client to transfer large MP4 files. Video may take up to 3 business days to turn around to ensure high quality media production.

Virtual Tours: All virtual tours are provided with the iGuide measurement services and are distributed to The Client from Vivid Peak in the iGuide report. Virtual Tours and the floorplans accompanying them are designed strictly for visual aid only and should not be deemed accurate of the property being presented digitally.