DESCRIPTION OF SERVICES. Market Sixty Six will provide service to The Hiring Party in the form of videography / photography services (collectively, the "Services"), this contract will remain enforceable for the duration of the parties mutual relationship, and for all future services performed. PERFORMANCE OF SERVICES. (1). Market Sixty Six will provide adequate coverage for The Hiring Party's production and will produce the highest quality digital video. (2). Market Sixty Six will deliver the professionally produced videos in a timely manner. (3). Market Sixty Six will capture and master the images in digital format, complete with state of the art video editing capability. (4). Market Sixty Six will have the videos outputted in the format of The Hiring Party's choice. (5). Measurements; All measurements are believed to be reasonably correct to within 5% of actual size but are not warranted to be accurate. Dimensions / Measurements shall be verified by the agent. PAYMENT. (1). The Hiring Party agrees to pay Market Sixty Six, at their standard rate in consideration of the services to be rendered by Market Sixty Six. (2). Market Sixty Six will not provide proofs before final purchase of videos. (3). Should The Hiring Party request Market Sixty Six to create an additional compilation, alteration or other material from the footage, it will be done at the hourly rate of $95.00 /hr. Paid by The Hiring Party. (4). A travel fee of $25.00 will occur to properties over 30 Min from Market Sixty Six’s main office. (5). If applicable: In the event that The Hiring Party's clients fail to complete payment to Market Sixty Six, it will become The Hiring Party's sole responsibility to remit total payment. DESCRIPTION OF ACTIVITY Market Sixty Six will service the listing(s) of The Hiring Party as detailed in a separate estimate verbal or written.. Photos are edited in Lightroom and returned either the same day or next (depending on the time of the shoot). Videos are returned typically within 3-5 business days. RELATIONSHIP OF PARTIES. It is understood by the parties that Market Sixty Six is not an employee or affiliate of The Hiring Party. Both parties enter into this partnership willingly and free from hesitation.
Market Sixty Six shall provide The Hiring Party with Photo and Video samples of the final video within 5 days from the scheduled service. Said delivery date may be extended and/or renewed by agreement of all parties in writing thereafter. CONFIDENTIALITY. Market Sixty Six, and its employees, agents, or representatives will not at any time or in any manner either directly or indirectly, use for the personal benefit of Market Sixty Six, or divulge, disclose, or communicate in any manner, any information that is proprietary to The Hiring Party. Market Sixty Six and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of the Contract. COURTESY. The production schedule and selected methodology are designed to accomplish the goals and wishes of The Hiring Party. The Hiring Party and Market Sixty Six agree that positive cooperation and punctuality are therefore essential. INDEMNIFICATION The Hiring Party agrees to protect, defend, indemnify and hold Market Sixty Six and their respective partners, independent contractors, and their attorneys, accountants, employees, officers and directors harmless from and against all losses, costs, liabilities, claims, damages and expenses of every kind and character, as incurred, resulting from or relating to or arising out of (i) the inaccuracy, non fulfillment or breach of any representation, warranty, covenant or agreement made in this Agreement, (ii) any legal action, including any counterclaim, that has either been settled by the litigants or has proceeded to judgment by a court of competent jurisdiction, in either case to the extent it is based upon alleged facts that, if true, would constitute a breach of any representation, warranty, covenant or agreement made by Market Sixty Six in this Agreement, (iii) any actions or omissions of Market Sixty Six or any employee or agent of the Market Sixty Six will be forgiven in full. WARRANTY. Market Sixty Six shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Market Sixty Six's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Market Sixty Six on similar projects.
MY PROMISE TO PAY: I The Hiring Party understands and agrees that I am obligated to pay the total balance for services and any and all associated fees (my “Obligation”). If I do not pay my Obligation in full within 3 days of service, late fees may apply. Payments shall be issued directly to Market Sixty Six LLC 213 E. Butler Rd. Suite A2. Mauldin, SC. 29662
DEFAULT: I will be in default if: I fail to pay when due or in the full amount (including my failure to pay due to insufficient funds in an account on which my payment was drawn or other similar circumstances) any scheduled payment under this Installment Payment Plan; whether voluntarily or involuntarily; I change my permanent address without notifying you in writing; I fail to pay any assessment I at any time provide you with any false or misleading information; I die; or a case under the U.S. Bankruptcy Code is started by or against me or any guarantor or co-signer. If I am in default, you may require immediate payment of my Obligation in full and any unpaid assessments. If you demand immediate payment and I fail to comply, I agree that you may add my unpaid assessments to my Obligation. If any payment is not paid in full by the 15th day of the month following the month in which it was due, I agree to pay you a default charge computed by applying an interest rate equal to 10% per year on the past due amount of my Obligation. You do not have to give me notice. You may also exercise any other legal rights you may have, including engaging a collection agency to enforce your rights hereunder or taking legal action to collect amounts due you. In the event you incur any expenses collecting my Obligation, I agree to pay all reasonable attorneys’ fees, legal expenses and costs of collection that result from my default (unless prohibited by law). Even if I am in default, you do not have to require immediate payment. You may delay enforcing any of your rights without losing them.
TERM OF AGREEMENT: This Agreement will continue for as long as any Obligation remains unpaid in whole or in part.
OTHER CHARGES: If I attempt to pay by check or ACH debit and my bank returns the check or the ACH debit to you unpaid, I will pay you a $45 fee (unless prohibited by South Carolina law).
BANKRUPTCY: My Obligation is not now and will not ever be found dischargeable by bankruptcy proceedings.
MODIFICATION: You may amend the terms and conditions of this Agreement at any time by notifying me in advance of any changes. Amended terms may be applied to my Obligation unless prohibited by law. You are not obligated to allow me to delay payment of any amount I may be obligated to pay to you, and any privileges granted to me under this Agreement may be revoked at any time without notice
COOPERATION: The Hiring Party and Market Sixty Six consent to cooperating and communicating with each other to achieve the best possible result within the understanding of this contract. ENTIRE CONTRACT. This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties. SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. ARBITRATION. Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract. AMENDMENT. This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW. This Contract shall be governed by the laws of the State of South Carolina.
NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
DISSATISFACTION: In the event that there is dissatisfaction with any work provided, Market Sixty Six will allow for a reshoot at a discounted rate, or a single round of revisions to any applicable edit. No refunds will be given at any time.
DISPUTE AND CANCELATION: At the time of service, The Hiring Party holds the right to stop services within 1 hour of work begun, any deposits will be forfeited upon cancelation, in the event that the services are allowed to continue Market Sixty Six with no longer allow cancelation for any reason, and will be entitled the entire agreed upon payment, no refunds or discounts will be given. No disputes will be allowed or deemed relevant for any work provided even in the event of dissatisfaction, negligence, or unfulfillment. Cancelations made less than 48 hours in advance will occur a cancelation fee of no less than 25% of the total balance. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, products, or other information (collectively, the "Work Product") developed in whole or in part by Market Sixty Six and its associates, freelancers, independent contractors and / or employee(s), in connection with the Services will be the non-exclusive property of Market Sixty Six.
USE OF WORK: Market Sixty Six will permit the use of photos for six (6) months from the initial date of service. The use of photos can be extended for another six (6) months with a written addendum. Photos used without payment or for an extended period of time will result in one or all of the following; a) Termination of Market Sixty Six’s obligation to The Hiring Party and release any and all work yet to be completed. b) Legal action being taken against The Hiring Party. c) Removal of photos. d) Full payment owed, and to be paid alongside a penalty of $150.00 both to be paid within 10 business days from the publication. Any and all publication of photos will be considered complete satisfaction of work, and valid for full payment regardless of the completion of any and all additional work. ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld. Reimbursement for services will not be considered a transfer of ownership.
COPYRIGHT LAW: The copyright of photographs remains with Market Sixty Six. Market Sixty Six grants The Hiring Party permission to make prints of the images under the following conditions. The images taken by Market Sixty Six are for professional use by The Hiring Party and their friends and relatives. Sale, Publication or any non Real Estate Commercial use of the photograph(s) or video(s) is not allowed without prior written permission from Market Sixty Six.
PERSONAL GUARANTEE. To the extent permitted by law, The Hiring Party waives all defenses, counterclaims or offsets that are legally available to The Hiring Party with respect to the payment of the Debt or outstanding balance. This Personal Guarantee shall be construed exclusively in accordance with, and governed by, the laws of the State of South Carolina. Any dispute arising hereunder may only be brought within the Courts of the Market Sixty Six’s preference, and all court cost or legal fees associated will be passed along to The Hiring Party.
This Personal Guarantee embodies the entire promise of The Hiring Party and does not supersede prior agreements and understandings relating to the subject matter here, whether oral or in writing aside from the permission to make payments online.
The Hiring Party waives all right and guarantees not to seek any legal action against Market Sixty Six, nor to dispute any payment whether that be legally or with any payment processors, banks, or court of law.
DISCLAIMER: All work is performed with the professional grade equipment, as the Hiring Party you are entering into this service based relationship on your own free will and are assumed to have thoroughly assessed our work prior to hiring, if for any reason you are unsatisfied with the work completed. During this service we will furnish all tools for each specific service, but will not be responsible for the movement, placement, or adjustment of any feature in the house, what is visible to the naked eye is also what will be visible to the camera, no photoshopping will be completed without an additional hourly charge. You as a professional are assumed responsible for briefing your clients on the staging of their property. If there is anything specific to be highlighted you must inform the photographer before the time of service, otherwise you will wave your right of request.
I certify that I have acquired all necessary permission to carry out the job in full, and if for any reason I have failed to secure proper permission I will not pass that fault onto Market Sixty Six. (A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me, my client, or their property including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: Market Sixty Six LLC, Ashley Sampson, Jarod Phillips and/or their directors, officers, employees, independent contractors, editors, service providers, affiliate, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers;
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.
I acknowledge that this activity may involve and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers. I understand while participating in this activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and assigns.
Market Sixty Six has working methods in place to prevent loss or damage to your images, video footage, and audio. However, there is the unlikely possibility that data may be lost, stolen, corrupted, or destroyed for reasons in or beyond our control. In these circumstances liability is limited. Market Sixty Six retains the right to choose the music (if applicable) for each video. Unless audio has been purchased separately.
I acknowledge that Market Sixty Six and their directors, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.