By engaging the services of Borgatta, LLC., Inc. (hereafter referred to as “Borgatta, LLC.”), you certify that you have read and agree to the following Terms and Conditions.
1) Payment. Payment is due in full at the time of booking. Payment indicates acceptance of and agreement to all Terms and Conditions outlined here. Usage rights will not be granted until full payment is received.
2) Changes and Cancellations. Shoot dates or times may be changed or canceled without penalty up to twenty-four (24) hours before the scheduled shoot time. Changes or cancellations less than 24 hours prior to shoot time will incur a change/cancellation fee. Changes to the content of a shoot (e.g., addition of features) may require rescheduling and will incur additional fees. It is the primary shoot contact’s responsibility to monitor weather, readiness of the property, and/or any other factors that may affect Borgatta, LLC. ability to complete the shoot. Talent will not shoot properties that are not camera-ready.
3) Reservation of Rights. Any and all rights not expressly granted here are reserved to Borgatta, LLC., including copyright and ownership rights in raw or finished photo(s), video(s), 3D content, floor plans, graphics, audio, animation, constituent files, and other visual content produced under these terms (collectively, “content”). Borgatta, LLC. reserves the right to use said content for the company’s portfolio, samples, self-promotions, entry in contests or exhibitions, editorial use, or for display within or on the outside of Borgatta, LLC. premises. Borgatta, LLC. further reserves the right to license, distribute, or syndicate said content to its commercial partners.
4) Usage. Usage rights are granted to the person, agent, brokerage or other legal entity making payment for Borgatta, LLC. services (“You”). If any other person, agent, brokerage or legal entity wishes to make use of content created under these terms, it is the responsibility of said person, agent, brokerage or legal entity to obtain express written consent for such usage, in writing, from Borgatta, LLC., unless otherwise provided here. You are authorized to use said content produced for you by Borgatta, LLC. for purposes of promoting your own real estate business and/or the listing(s), brokerage(s), and/or business(es) featured in said content. This authorization is non-exclusive, non-transferable, covers all territories and media, and is for an unlimited time on websites owned by you. You may authorize third-party websites such as, but not limited to, Multiple Listing Service (MLS) or real estate listing portal websites to display said content solely for the purpose of advertising the subject listing, for as long as said listing is actively listed for sale by you. Any authorization to third-party websites will automatically expire once said listing is no longer available for sale or any relevant listing agreement signed by you has ended, whichever comes first. You may not sell content created under these terms or usage rights thereto to any third party or copy, modify, reproduce, or create derivative works from said photo(s) or video(s), unless you first obtain the express written consent of Borgatta, LLC. for such usage.
5) Releases, Licenses, and Authorizations. By contracting with Borgatta, LLC. to produce photo(s) and/or video(s), you certify that you have obtained all appropriate releases, permissions, licenses and/or authorizations for the production of said photo(s) and video(s). You agree to indemnify and hold harmless Borgatta, LLC. against any and all claims, costs, and expenses, including attorney’s fees, due to uses for which no release, permission, license, or authorization was obtained or uses which exceed the uses allowed pursuant to a release, permission, license, authorization.
6) Indemnification/Hold Harmless. In addition to the terms and conditions contained in Paragraph 6, you shall also indemnify and hold Borgatta, LLC., Inc., its officers, employees, independent contractors and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys’ fees), or claims for injury or damages arising out of the performance of this Agreement, or any distribution of the content created thereunder, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from your negligent or intentional acts or omissions and/or those of your officers, agents, independent contractors, employees, family members, invitees, and/or guests.
7) Assignment. Borgatta, LLC. reserves the right to assign monies due from you. Both you and any party on whose behalf you contract with Borgatta, LLC. will be jointly and severally liable for full performance under any contract made with Borgatta, LLC., including but not limited to payments of monies due to Borgatta, LLC..
8) Miscellany. Borgatta, LLC. reserves this right to modify these Terms and Conditions at any time and without notice. Modification, waiver, or breach of any part of these Terms and Conditions by you or by Borgatta, LLC. does not release you from adherence to any other part of these Terms and Conditions or to these Terms and Conditions as a whole. The relationship between you and Borgatta, LLC. will be governed by the laws of the State of Tennessee.
9) Privacy. Borgatta, LLC. must obtain certain information from you in order to schedule your shoot and enable correspondence about your account. Borgatta, LLC. takes appropriate safeguards to protect your information and will never sell or give your personal information to any third party, except as required by law, to fulfill our contractual obligations to you, or in order to collect monies due.
10) Email permissions. Borgatta, LLC. will use email as the primary means of contacting you regarding your account. We will also use your email address for marketing communications. By providing your email address, you give permission for both purposes. If you would like to opt-out of email marketing communications, please send your opt-out request to firstname.lastname@example.org.