Terms&Conditions (Services) & Copyright

Muskoka Virtual Tours

Last Updated January 3, 2023

Real Estate; Brokers and Sales Representatives – Photos are for one-time use while you are the active/co-listed agent on the listing and cannot be transferred to another Real Estate agent. If publishing in magazines photo credit “Muskoka Virtual Tours”. Images cannot be given to or sold to the homeowner or anyone other than yourself without prior consent from Muskoka Virtual Tours.

Copyright of the images belongs to the Photographer, Copyright Act, c. C-42, Canadian Copyright Act. Thank you for hiring our imaging services, the images will be licensed to you to use to market the property on MLS, Matrix, DDF feeds, social media and magazines (with photo credit). We wish you a successful sale and we will support you in this goal.

Canadian Copyright Act c, C-42 – “The Copyright Act was amended in the Spring of 2012, under Bill C-11, rectifying the injustice that prevailed hitherto, while the copyright of photographs that were ordered belonged to the client by default. Canadian photographers are now, by default, the first owners of the copyright of the images they produce, as are illustrators, musicians, painters, and writers with their respective work. This applies to both photographs commissioned and paid by a client, and to photographs taken for non-commercial purposes. Therefore, photographers no longer have to sign an agreement with their client stating that they are the first owner of copyright; the Act now guarantees ownership by default.”

Click here to learn more about Canadian Copyright Act c, C-42.

Each one of Muskoka Virtual Tours photos has copyright data stored into the file’s metadata:

Owner: Ben Carlin

Company: Muskoka Virtual Tours

Address: 245 Yonge St, Burk's Falls ON P0A 1C0 CANADA

Email: info@muskokavirtualtours.com

Phone: 705-380-6656

Muskoka Virtual Tours owns the copyright of their photos and video. Contact us if you would like to discuss additional usages of the work.

Matterport Hosting Policy

Unless otherwise stated, Matterport tours will be hosted for a term of 6 months. Additional hosting can be purchased at a cost of $100/6 month period.

LIMITATION OF LIABILITY

EXCEPT IN CONNECTION WITH EITHER PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, CUSTOMER’S BREACH OF SECTION 3, OR A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT: (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY, ITS AFFILIATES OR LICENSORS SHALL BE LIABLE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,PUNITIVE OR EXEMPLARY DAMAGES; AND (b) IN NO EVENT SHALL THE TOTAL LIABILITY OF EITHER PARTY, ITS AFFILIATES OR ITS LICENSORS UNDER THIS AGREEMENT EXCEED THE TOTAL FEES PAID OR PAYABLE TO SERVICE PROVIDER HEREUNDER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. NEITHER SERVICE PROVIDER NOR MATTERPORT SHALL BE RESPONSIBLE OR LIABLE FOR ANY PERSONAL OR CONFIDENTIAL INFORMATION CAPTURED OR DISPLAYED IN ANY 3D SERVICE. CUSTOMER IS RESPONSIBLE FOR PREPARATION OF EACH SERVICE LOCATION, AND CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY OBJECTS OR PEOPLE DISPLAYED IN ANY 3D SERVICES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply. Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law.

Turnaround Times

Photography & virtual tour services will be delivered at the end of the next business day following a shoot. Images requiring additional touch-ups, graphics, virtual staging can take up to three business days to deliver after the shoot is completed.

Typical real-estate video services will be delivered at the end of the second business day following a shoot. Videos requiring additional graphics, editing of on screen talent, voice-over editing, or other extra services will be delivered at a date agreed upon by Muskoka Virtual Tours and the customer.

Our minimum turnaround time for any project is 12 hours. Please see Rush Delivery below for more information.

Pricing Tiers

Muskoka Virtual Tours uses a tiered pricing system based on the total square feet (sqft) of a property to be captured. If a virtual tour is being captured with floorplans, the total exterior square feet that is processed will determine that pricing tier. If there are no floorplans with total sqft available, Muskoka Virtual Tours will work with the customer to determine the pricing tier to be applied.

Travel Fees

Muskoka Virtual Tours works a regular service area within a 35km radius of Downtown Huntsville. Properties that are located outside of that boundary will be subject to a travel fee of $0.54/km, to and from the boundary nearest that property.

Regular Business Hours, Rush Delivery & Weekend Fees

Muskoka Virtual Tours works regular business hours from Monday to Friday, between 9am -6pm. A weekend & holiday working rate of $150/day is available to clients wishing to book our services outside of regular business hour (subject to availability).

Rush Delivery is available at a cost of $75/service to be delivered early, and must be ordered before the shoot date in order to confirm availability.

We will always strive to deliver your projects in a timely manner and are looking forward to seeing your listing hit the market as soon as possible. However, we ask that you kindly respect our need to set a work-life balance.

Cancellations

To cancel or reschedule, please contact us at least 3 days before your booking. With the area we are serving, we require enough time to fill that slot. Thanks for your understanding.

Any cancellations made within 12 hours of shooting will incur a cancellation fee of 75% of the total services cost.