Terms of Service

Last updated: July 9, 2020

By ordering EmpireOptix products and services you agree to the following.

1. Reservations
All booking reservations are made through the EmpireOptix online platform, EmpireOptix.com. EmpireOptix in its sole discretion has the right to change or cancel an order as a result of printing errors, technical problems, delivery issues, force majeure, or other.

2. Privacy Policy and Use of Information
The EmpireOptix website employs established practices for encrypting client information that has been provided for orders. The EmpireOptix applies commonly-used “cookies and session variables” to store client login information. It is strongly recommended that client’s logout of your account after each session online if a public computer/laptop is used to make or pay for reservations and services. EmpireOptix servers only retain data that a client has provided in the order process.

Client acknowledges that EmpireOptix might share personal information (with the exception of credit card and other financial information) with other affiliates with whom we might have marketing and advertising relationships with, or with entities with whom we cooperate. These collaborators are required by EmpireOptix to maintain the same level of standards of security as we are committed to providing to our clients.

By using the EmpireOptix platform of services, client provides EmpireOptix the right to use any work product for EmpireOptix’s own marketing and advertising use, including in print, broadcast and digital advertising and social media. A client may request further details of our commitment to protect your information at info@empireoptix.com.

3. Prices
All prices are in United States Dollars and are subject to change without notice.

4. Payment Terms
Payment is due upon receipt of the invoice unless a client account has pre-approved billing arrangements in place. All payment for reservations must be made by credit card at the time a reservation is ordered. Most debit and credit cards are accepted on the website. EmpireOptix will charge your designated payment method at the time an order is placed for any work reserved unless other terms are agreed to in writing. Extra services or fees may be billed after work is completed if additional services or circumstances require, possible additional fees include: Additional photos or services, fees, for parking or travel and cancellation or no-show fees, etc. All delivered product will be hosted by EmpireOptix on our server for one year. After that period, client must renew hosted images and video content for an extra fee unless otherwise noted in writing by EmpireOptix. If legal action is necessary, any fees owed, the client agrees to compensate EmpireOptix for all expenses incurred in order to seek payments of unpaid balance, including any resulting legal expenses. If previous arrangements have been approved and established by EmpireOptix, a client may pay with established credit terms. If payments are late, a reminder will first be sent via email, however, client acknowledges that overdue invoices are subject to an interest charge of 1.5% per month.

5. Fees for Changes, Cancellations or No Show
Changes or cancellations to a reserved shoot must be made and accepted by EmpireOptix in writing at least 24-hours prior to the booking. Changes or cancellations less than 24-hours prior to the booking may incur an administrative fee of $99. EmpireOptix may at any time change or cancel a booking if weather conditions are deemed unfit for the assignment to be completed with notice provided if this is the case in order to reschedule a shoot.

Client must provide access to the property to be photographed at the time of the reserved shoot. If the client is late more than 15-minutes after the reservations time or does not show up at the reserved time, EmpireOptix may charge a “No Show Fee” that at its sole discretion, may be equal to the full price of the reserved work order, and the job may be considered completed by EmpireOptix. Client may be obligated to make a new reservation online for the full price.

6. Right to Cancel or Change an Appointment
EmpireOptix has a non-refund policy. Cancellations must be made at least 24-hours before scheduled photoshoot start time. Appointments cancelled with less than 24-hour’s notice will be subject to a cancellation fee of $99.

Weather-related cancellations are subject to the terms above. Some weather conditions can adversely affect exterior home photo quality or prevent safe drone flight. In the event of unfavorable weather, the interior photos will be photographed as planned. Alternate arrangements will be made for exterior or aerial re-shoot and additional fees may apply unless full cancellation is made at least 24-hours in advance.

Revision requests must be made within 48-hours after a booking is delivered. If no such request has been made within this time frame, the booking is considered fulfilled, delivered and approved. Therefore, if you have any additional changes or requests or complaints more than 48-hours after the delivery of the booking, you must place and pay for a new order online.

7. Responsibilities & Liability
EmpireOptix accepts no responsibility for delays in bookings resulting from weather conditions, uncommon traffic or transportation conditions, power failures, system failures, system hackings, force majeure or other unanticipated events.

EmpireOptix does not accept responsibility for damage to personal artifacts or property made during a photoshoot. EmpireOptix will not cover claims for compensation as a result of this. You agree that EmpireOptix is not liable for any damage to personal artifacts or property and does not cover the cost for this.

EmpireOptix does not accept any responsibility for how the delivered products are used or applied by the customer. All liability remains with the customer.

Please ensure pets are not present during shots. EmpireOptix does not accept responsibility for any pets during a booking.

Independently contracted suppliers (i.e. the photographers) provide all services. EmpireOptix and its independently contracted suppliers (i.e. photographers) are not liable for any negligence, damages, or any wrongdoing on the part of the independent suppliers. EmpireOptix and its independently contracted suppliers are not responsible for damages, delays or failures in performance resulting from acts or occurrences beyond our reasonable control such as acts of God, weather, or other uncontrollable conditions that prohibit services from being rendered as promised. This includes hurricanes, tornadoes, earthquakes, and acts of terrorism.

EmpireOptix does not accept responsibility for weather conditions during a booking. EmpireOptix guarantees Blue Sky on outdoor photos when it is not heavily raining or snowing, but not on indoor photos with window views. If new outdoor shots are requested, it must be ordered as a Seasonal Update.

EmpireOptix cannot guarantee photos taken of amenities and common areas at co-ops, condominiums and apartment buildings, since such buildings often have restricted rules with regards to photography and video. However, an attempt to photograph these common areas and amenities will be made if requested subject to accessibility rules of the building.

8. Liability Limits
EmpireOptix is not responsible for and does not affirm or authenticate the accuracy or correctness of floor plans, furnishing colors, furniture placement or the correctness of any other item with regards to the dimensions, scale, actual layout, or color accuracy of the images used to present the property. EmpireOptix accepts no liability for the accuracy or correctness of any of these elements. If for any reason a lawsuit occurs that causes an EmpireOptix product or service to bring lawsuits against EmpireOptix or any of its subsidiaries, affiliates, subcontractors or employees, client that the max agrees that the maximum compensation for damages given to those using EmpireOptix’s visualization services and/or platform would be an award of not greater than the fees paid to EmpireOptix, its subsidiaries, affiliates, subcontractors or employees who may be acting on EmpireOptix’ behalf for its products or services. The accuracy and correctness of products delivered by EmpireOptix is solely the responsibility of the client to be verified.

9. Delivery Times
Empire Optix makes every effort to deliver final work to clients within 24-hours following a completed shoot during Sunday through Friday. Images and other products are usually delivered within 48-hours of the order being completed for the product. Images and other products are usually delivered within 48-hours following a completed booking during Saturday.

This is subject to external factors as specified above in Responsibilities & Liability.

10. Location Preparation
Clients must ensure that a property is ready-to-shoot prior to photography. Photographers are prohibited to move furniture or items, clean or straighten up before, during or after a shoot. When a booking reservation is made, the EmpireOptix Photoshoot Prep Guide will be shared to help the client prepare the property in advance of the appointment. If the EmpireOptix photographer determines that the property is not in ready-condition for the shoot, the client will be informed and a new appointment will be arranged – which may incur a re-booking fee of $99. If the client wishes the session to be continued despite this, the client waives responsibility of EmpireOptix for the outcome of the final images.

11. Image Services

EmpireOptix may charge additional service fees for your shoot. Contact EmpireOptix for more details to confirm any possible fees if your shoot includes: travel outside of our normal service area, parking fees, late fees, no-show fees, etc. If the finished product does not meet EmpireOptix internal standards of quality and professional standards, we will re-shoot the property at no charge to you (See above). If client asks for additional photographs or wishes editing to be done to account for seasonal changes, or additional evening images, or just extra photos, then EmpireOptix may apply an additional charge for the additional work.

When a property is shot, it is the client’s sole responsibility to ensure that the property is photo-ready, with access for the photographer to all areas of the property that will be shot. The property must be ready and clean (we strongly suggest reviewing the EmpireOptix Photoshoot Prep Guide for suggestions and advice on getting a location ready to be shot).

If a property is not ready for photography at the time of the scheduled shoot (including if it is untidy), the EmpireOptix photographer may, in his/her sole judgement, elect to reschedule the shoot. A minimum 24-hour notice to the EmpireOptix photographer is required and a new shoot fee may apply.

If the client is not satisfied with a shoot’s results due to the condition of the property and wishes to have the property re-shot, a new booking fee and other possible fees may be required, including a possible requirement for a new booking reservation to be made and paid for if client wishes to re-shoot.

High-resolution photographs are provided to you for your marketing purposes. These files will be available to download for up to 3-months after the photo shoot. After this time, the files are archived, and a fee will be charged if you require the original files. Not all files can be retrieved/unarchived.

12. Rush and Weekend Shoots and Transportation Fees
If a shoot appointment is set for no later than the next working day, a $75 express fee may be added.

If a photographer will incur tolls and/or parking fees, these additional direct expenses may be added to the final invoice.

13. Weather Conditions
Weather-related cancellations are subject to the terms above. Some weather conditions can adversely affect photo quality or prevent terrace and outdoor photos including safe drone flight. In the event of unfavorable weather, the interior photos will be photographed as planned. Alternate arrangements will be made for exterior or aerial re-shoot and additional fees may apply unless full cancellation is made at least 24-hours in advance.

14. Usage Authorization & Copyright
Customers may not upload copyrighted material to EmpireOptix servers. Customers accept all responsibility for validating a customer’s copyright or authorization to use any digital upload, whether text, audio, video, or an image on the EmpireOptix servers. If a customer does not hold the copyright to a particular digital file a customer wishes to upload, the customer must provide written proof to EmpireOptix that they have authorization and consent from the copyright holder to upload the digital file. EmpireOptix will not provide audio files to be used for background audio. EmpireOptix has the copyright to any video, floorplans or imagery created and provided by EmpireOptix and EmpireOptix photographers. Customers hereby free and release EmpireOptix and accept responsibility for any copyright contravention enforcement if such enforcement appears.

15. Internet Presentation
All images shown on the Internet are the property of EmpireOptix. The customers have the unlimited rights to use these pictures as they find suitable. Properties that are photographed may be put on our websites and social media profiles and will be made available for public viewing. Your name and contact information might also be attached to these pictures/video content/listings and might be showed online and can be found by search engines. EmpireOptix might send your listing data to other real estate portals and websites (for instance Realtor, MLS etc.) for boosting and increasing the exposure of your listings. If you do not want this to take place, you can request that we do not send your listing data to third party firms. EmpireOptix is not responsible in the event of other third-party websites. We do not guarantee the correctness, accessibility or content from third party firms’ websites. Customer is liable to authenticate EmpireOptix presentation is compatible with brokerage, brand firm and real estate association’s rules and regulations regarding presentation of listings and advertising. You may be granted a limited, non-exclusive right to use the URL link to our website or any property on this website as long as it does not portray EmpireOptix or its photographer or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever

16. Floor Plans
Floor plans are solely intended for visual purposes only and have been prepared to demonstrate a visual illustration to potential buyers/renters to assist clients as a representation of how a property looks. EmpireOptix floor plans are in no way intended to violate the rights of the original architect. Because it is not possible to know copyrights that might exist, it is the responsibility of the client to ensure that the proper required credit is noted acknowledging the architect if the client determines this is necessary. Customers hereby forgive and free EmpireOptix and agree to accept full responsibility for any copyright violation enforcement if such prosecution occurs.

EmpireOptix does not verify the correctness/preciseness/accuracy of these floorplans. Floor plans can be a rough graphic illustration, and as such, Empire Optix does not guarantee that the delivered product is accurate when it comes to dimensions or actual, EmpireOptix accepts no liability as to the correctness or accuracy of these floorplans. If for any reason lawsuits or litigations occur, which causes the customer of these floorplans to bring litigation or lawsuits against EmpireOptix, it is hereby affirmed by the client that the maximum compensation for damages that might be awarded to those using the floorplans in any way would be a total amount not greater than the amount paid to EmpireOptix by the client. It is the responsibility of any client to verify the precision of any floor plan is to be verified and proven by the Customer.

17. Image Rights of Use
Clients have exclusive unlimited usage rights in perpetuity to the images delivered by EmpireOptix. EmpireOptix will not re-sell or assign usage rights to any work product for any purpose to any third party.

Unless EmpireOptix has entered into a specific agreement with a client, all images, and the rights relating to them, including copyright and ownership rights, remain the sole and exclusive property of EmpireOptix. EmpireOptix has the right to use images for the purpose of marketing and promoting EmpireOptix products and services.