Virtual Reality (VR) Photo Agreement Terms of ServiceBackground: This Agreement is between the Photography Service Provider (SmartTour) and the business whose premises are being photographed for the Google Street View Trusted Program (the “Business”). Google Street View Trusted Program: Service Provider, SmartTour, is an independent contractor and neither the Service Provider nor any of its personnel are a Google employee or agent, but Service Provider is authorized under the Google Street View Trusted Program to provide photography services to local businesses that desire to participate in Google’s Street View Trusted Program. Service Fee Payment: Service Provider, SmartTour, and Business will agree on an amount for the Google Street View Photos and related services (“Service Fee”), and the Business will pay the one time Service Fee at the time of signing this agreement, or no less than five business days prior to the service provider taking the photographs (as defined in Section 4 below). This is a one time Google Photography Service Fee. You will not receive any recurring charges for the Google Street View Trusted Virtual Tour. Should you want additional services offered by SmartTour after your Google Street View Trusted Virtual Tour has published then and only then will you be billed for additional services. Services and Ownership of Photographs: In exchange for the Service Fee: Service Provider will take photographs of those portions of the exterior and interior of the Business premises designated by the Business as acceptable for photographing in connection with the Google Street View Trusted Program (the “Photographs”); Service Provider will use commercially reasonable efforts to ensure that the Photographs meet the Google Street View Photos Program’s technical specifications; Service Provider hereby assigns (or will procure the assignment of) all ownership rights in the Photographs (including intellectual property rights) to Business; To the extent permitted by law, Service Provider will obtain; Waivers from all of Service Provider’s personnel in respect of any “moral rights” that such personnel may have in the Photographs, including any right of attribution; and Assignments by Service Provider’s personnel to the Business of all moral rights in the Photographs. Service Provider will upload the Photographs to Google for processing and use in accordance with Section 5 below. Terms Governing the Uploading, Processing, and Use of the Photographs: Google Terms of Service: Business agrees that the uploading, processing, and use of the Photographs will be governed by Google’s standard online terms of service for such Photographs as set forth at www.google.com/intl/en/policies/terms (along with relevant Additional Terms, as set forth at www.map.google.com/help/maps/buisnessphotos ) or such other URL/Additional Terms as Google may designate from time to time (collectively, the “Google Terms of Service”). Authorization to Upload Photographs to Google for Google’s Use: Business hereby authorizes Service Provider to upload the Photographs to Google on Business’ behalf and licenses the Photographs for Google’s use in accordance with the Google Terms of Service. Limited License to Service Provider: Business grants Service Provider a nonexclusive license to use a reasonable number of images created under this Agreement as “samples” or “portfolio copies” for Service Provider to archive examples of Service Provider’s work and to advertise or market Service Provider’s professional services. Time and Date of Services: Upon signatures, Services Provider will reserve the time and date agreed upon to provide the photographic services. All Service Fees are non-refundable except as described in Section 8 below, or unless Service Provider agrees in its sole discretion to permit a rescheduling of the services. Refunds: Service Provider will refund all pre-paid Service Fees to the Business (but will have no further liability with respect to the Agreement) if Google rejects the Photographs for failure to meet the Google Street View Photos technical specifications and Service Provider does not correct the failure after re-photographing the Business at a mutually-agreed upon time. No other refunds apply. Insurance: Service Provider will carry comprehensive general liability insurance coverage for Service Provider’s activities on the Business’ premises. Confidentiality: This Agreement is confidential information. Business will not disclose or make this Agreement available to any third party except (a) Google; (b) as specifically authorized by Service Provider in writing; or (c) when compelled to do so by law if Business provides reasonable prior notice to Service Provider. No Warranties: IN CONNECTION WITH THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PHOTOGRAPHIC SERVICES OR THE PHOTOGRAPHS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY THAT THE PHOTOGRAPHS WILL ULTIMITEY BE DISPLAYED BY GOOGLE. Limitations on Liability: EXCEPT FOR BREACHES OF CONFIDENTIALITY, (I) NEITHER PARTY WILL BE LIABLE (UNDER ANY THEORY OR CIRCUMSTANCE) FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, AND (II) NEITHER PARTY’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT OF THE SERVICE FEE. GOOGLE’S USE OF THE PHOTOGRAPHS IS GOVERNED SOLELY BY THE GOOGLE TERMS OF SERVICE IN ACCORDANCE WITH SECTION 5 ABOVE. IN NO EVENT WILL GOOGLE BE LIABLE TO EITHER BUSINESS OR SERVICE PROVIDER (UNDER ANY THEORY OR CIRCUMSTANCE) FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. Modifications: Any modification of this Agreement must be (a) pre-approved by Google in writing, and (b) reflected in a written agreement that is signed by both Service Provider and the Business. Entire Agreement: This Agreement incorporates the entire understanding of the parties relating to its subjects and supersedes any prior or contemporaneous agreements on that subject.I have read and agree to the SmartTour Inc. terms of service.*Print the terms of service.I agreeI do not agreeDo you want ONLY still photos?*YesNoNOTE ABOUT UPLOADING FILES: Images should be uploaded to Google Drive. You will receive a link to upload after submitting this form.Business Name*Business Phone*Sales Rep Name*Brian Fairchild - Central IDBrad Lewis - Nashville, TNCasey Urwin - Boise, IDChristina & Todd Perry - North CarolinaDiane Palmer - Jackson, WYDustin Schlickemeyer - Seattle, WAHannah Herbold - Denver, COJames "Jimmy" Holmquist - New York, NYJeannie Kelly - Nor CalJoanna Corpeño - Phoenix, AZJohn Jennings - North CarolinaKara Adomaitis - Jackson, WYLeslie Maher - So CalLori Asbenson - Boise, IDMary Dempsey - FloridaMichelle Holloman - Atlanta, GAMike Carriere - Denver, CoRex Rudee - Seattle, WARobby Simpson - Centennial, CORhonda Lucero - Eastern NETerry Moore - Billings, MTOtherSales Rep EmailSmartTour email addresses only. Real Estate Agent NamePhotoshoot/Home Address* Street Address Address Line 2 City State / Province / Region ZIP / Postal Code AfghanistanÅland IslandsAlbaniaAlgeriaAmerican SamoaAndorraAngolaAnguillaAntarcticaAntigua and BarbudaArgentinaArmeniaArubaAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBermudaBhutanBoliviaBonaire, Sint Eustatius and SabaBosnia and HerzegovinaBotswanaBouvet IslandBrazilBritish Indian Ocean TerritoryBrunei DarrussalamBulgariaBurkina FasoBurundiCambodiaCameroonCanadaCape VerdeCayman IslandsCentral African RepublicChadChileChinaChristmas IslandCocos IslandsColombiaComorosCongo, Democratic Republic of theCongo, Republic of theCook IslandsCosta RicaCôte d'IvoireCroatiaCubaCuraçaoCyprusCzech RepublicDenmarkDjiboutiDominicaDominican RepublicEcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEswatini (Swaziland)EthiopiaFalkland IslandsFaroe IslandsFijiFinlandFranceFrench GuianaFrench PolynesiaFrench Southern TerritoriesGabonGambiaGeorgiaGermanyGhanaGibraltarGreeceGreenlandGrenadaGuadeloupeGuamGuatemalaGuernseyGuineaGuinea-BissauGuyanaHaitiHeard and McDonald IslandsHoly SeeHondurasHong KongHungaryIcelandIndiaIndonesiaIranIraqIrelandIsle of ManIsraelItalyJamaicaJapanJerseyJordanKazakhstanKenyaKiribatiKuwaitKyrgyzstanLao People's Democratic RepublicLatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMacauMacedoniaMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall IslandsMartiniqueMauritaniaMauritiusMayotteMexicoMicronesiaMoldovaMonacoMongoliaMontenegroMontserratMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlandsNew CaledoniaNew ZealandNicaraguaNigerNigeriaNiueNorfolk IslandNorth KoreaNorthern Mariana IslandsNorwayOmanPakistanPalauPalestine, State ofPanamaPapua New GuineaParaguayPeruPhilippinesPitcairnPolandPortugalPuerto RicoQatarRéunionRomaniaRussiaRwandaSaint BarthélemySaint HelenaSaint Kitts and NevisSaint LuciaSaint MartinSaint Pierre and MiquelonSaint Vincent and the GrenadinesSamoaSan MarinoSao Tome and PrincipeSaudi ArabiaSenegalSerbiaSeychellesSierra LeoneSingaporeSint MaartenSlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSouth GeorgiaSouth KoreaSouth SudanSpainSri LankaSudanSurinameSvalbard and Jan Mayen IslandsSwedenSwitzerlandSyriaTaiwanTajikistanTanzaniaThailandTimor-LesteTogoTokelauTongaTrinidad and TobagoTunisiaTurkeyTurkmenistanTurks and Caicos IslandsTuvaluUgandaUkraineUnited Arab EmiratesUnited KingdomUnited StatesUruguayUS Minor Outlying IslandsUzbekistanVanuatuVenezuelaVietnamVirgin Islands, BritishVirgin Islands, U.S.Wallis and FutunaWestern SaharaYemenZambiaZimbabwe Country Contact Name* First Last Contact Email* Contact Phone*Specific Instruction for Fulfillment/SchedulingPlease let us know any specific details for scheduling this shoot (Preferred dates/times of shooting, etc.). This does not guarantee availability, but we will do our best to meet specific scheduling needs.Number of Virtual Reality Panos*No panos1500 sqft. (Up to 10 panos) - $1501501-3000 sqft. (Up to 20 panos) - $2203001-4500 sqft. (up to 30 Panos) - $3404501-6000 sqft. (Up to 40 panos) - $4306001-7500 sqft. (Up to 50 panos) - $550Number of HDR Still Photos to be taken (Minimum 25)* Price: $5.00 Quantity: Do you want MLS Ready Professional HDR Photography?*YesNo25 Still Photos Minimum ($125.00)Number of HDR Still Photos to be taken (Minimum 25)* Price: $5.00 Quantity: Virtual Staging in Photos?*$37.50 per photoYesNoVirtual Staging Price: $37.50 Quantity: Twilight Editing in Photos?*$5 per photoYesNoTwilight Editing Price: $5.00 Quantity: Custom Branded Google Cardboard (High Gloss)*None5 Units25 Units50 UnitsDRONE Video/Photography (LISTING EXPOSURE BOOSTER) Due to the complexity and scope of every project, and the variance in service fees per region, every drone project is custom built for your listing.Do you want a Digital vCard?Broker branded vCard ($150)Agent Branded vCard ($25)NoDo you want a Facebook LIVE 360 - Virtual Open House?*YesNoFacebook Live 360 - Virtual Open House (LISTING EXPOSURE BOOSTER)($200/Hour) Includes creation of Facebook Local Event and Promotion Price: $200.00 Quantity: Zillow Preferred Placement (LISTING EXPOSURE BOOSTER)*Zillow Preferred Placement (w/ photos or VR purchase)Zillow Preferred Placement (A LaCarte) $79NoShoppers on Zillow see listings with video walkthroughs at the top of their search results — and as a Zillow Certified Photographer, our Agency can help you offer sellers that extra exposure, which can win you the listing, attract the biggest audience of potential buyers to each property, and stand apart from competing homes.Unique Property Website and/or Property Flyer (LISTING EXPOSURE BOOSTER)*Flyer Only ($19)Website and Flyer ($39)NoUnique property real estate website with custom URL, Property Flyer *Minimum Still Photo Package Purchase for content / collateralConcierge Package (LISTING EXPOSURE BOOSTER)*Unique Property real estate Website with custom URL, Property Flyer, Additional Photospheres (Zillow, Social Media), 1 (one) Twilight Edited Photo, Google Earth Pro Video Aerial flyover of your location using Google's satellite imagery, AND Zillow Preferred Placement Video *Minimum Still Photo Package Purchase for content / collateral$265 Value only $120NoneYouTube Video URLPlease let us know which video you would like under the Video tab on your SmartTour virtual tour.Website URLPlease let us know which website you would like the "Website" tab to link to in your SmartTour virtual tour.Listing Description for SmartTour*Please give us text you'd like to add to the "Description" tab in your SmartTour virtual tour.Additional individual photospheres? (LISTING EXPOSURE BOOSTER)*Various online retailers are starting to offer the ability to upload 360 degree photos. SmartTour can provide the 360 image file needed to upload. For example: • OTA's (Expedia, Hotels.com, Travelocity, etc.) • Facebook (Facebook 360 photos) • Real Estate* (MLS listings, Zillow, etc.) *Subject to real estate portal availabilityYesNoAdditional Photospheres Amount* Price: $37.50 Quantity: What room(s) would you like the additional photosphere(s) in?*Agreed Upon Travel Expense* Price: $0.97 Quantity: Consider it's not just the fuel and wear & tear on a vehicle, but also the lost productivity of the photographer while traveling. Total SmartTour Fee: $0.00 * I, the client, agree to a $75 rescheduling fee that will be processed if the photographer shows up and cannot shoot or SmartTour is not notified of a rescheduling with a minimum 24 hours notice. Payment Method*Credit Card (Recommended)CheckCredit Card American ExpressDiscoverMasterCardVisa Card Number Month010203040506070809101112 Year20192020202120222023202420252026202720282029203020312032203320342035203620372038 Expiration Date Security Code Cardholder Name Service Provider Name*Your Signature*By typing your name below, you are agreeing to the SmartTour Inc. Terms and Conditions and agreeing to pay the above amount in exchange of the agreed upon SmartTour Inc. services.Position in CompanyDate of Signing* Upload Tour Path:Additional Notes *The SUBMIT button will not show until you have agreed to the SmartTour Terms of Service.BID (Leave Blank)