Terms of Service
Photo Licensing Agreement
Media Estate Visuals/Jason Martin known as the (PHOTOGRAPHER) stated in these terms of service document retains the copyright for all digital images created while doing business and all images on this website. The commissioning real estate broker/agent/seller/customer known as the (CLIENT) stated in these terms of service document is granted a license to use property images, for which they have paid, for the promotion of that property in any media while CLIENT manages the listing. License expires once the property has Sold, Expired, or is Withdrawn. Images must not be edited/altered by anyone other than PHOTOGRAPHER except for minor cropping and/or resizing only.
CLIENT may NOT give, license, or sell images or videos to anyone. This includes the property owner, other brokers, agents, realtors, builders, architects, stager, or any other vendor. Disregarding these terms will result in copyright infringement/violation (Digital Millennium Copyright Act of 1998, 17 U.S.C. §512(c)) and may result in legal action. PHOTOGRAPHER recognizes that CLIENT does not control how images are shared by MLS and syndicated to other property listing sites (Zillow, Trulia, et al.) and CLIENT is not liable for such use beyond license expiration.
PHOTOGRAPHER may re-license real estate images or videos for commercial use by developers, builders, designers, vendors, or other parties. This will be executed with a separate agreement between PHOTOGRAPHER and licensee.
*Licensing terms for custom photography and video projects with other commercial clients are tailored according to the project estimate and can be found in that document as well as on final invoices.
PHOTOGRAPHER reserves the right to use photos and video for Media Estate Visuals website, associated social media accounts, and all media mediums.
Payments & Delivery
Payment for real estate imaging services is due before the service appointment.
If other arrangements are requested, they must be made in writing at least 48-hours before the scheduled time of service. In some cases, additional payments may be made after services but before final image delivery. For these situations, watermarked, low-res digital proofs will be made available for approval first. Upon approval, full payment will be made before final images are delivered to the CLIENT.
When full payment is collected, PHOTOGRAPHER agrees to deliver final images digitally within 24-hours of the photoshoot end time. For other payment arrangements, PHOTOGRAPHER agrees to deliver final images digitally within 24-hours of receipt of full payment. PHOTOGRAPHER agrees to deliver final videos digitally within 5 business days when full payment is collected.
Cancellations & Weather
Cancellations must be made at least 24-hours before the scheduled photo shoot start time. Real Estate photo shoots canceled with less than 24-hour’s notice will be subject to a cancellation fee of $50. If the photographer was in transit or arrived at the scheduled location, you will receive a refund less any travel fees, photographer fees, or both.
Weather-related cancellations are subject to our terms of service. 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, permitting weather conditions. Alternate arrangements will be made for exterior and/or aerial re-shoots and additional fees may apply unless full cancellation is made 24-hours prior to appointment.
In the case of high winds, thunderstorms, or other hazardous conditions, the contracted photographer reserves the right to determine if proceeding with the shoot is possible. The CLIENT must call at least two (2) hours ahead to discuss current weather conditions. If negative weather could impact the photoshoot the CLIENT may reschedule but will be charged an additional $50 fee. It is at the client’s discretion to determine whether to reschedule or accept the risk that the photo shoot may result in certain undesired images or have other services missing. In the case the photographer needs to return to finish the assignment, the client will be responsible for the additional expenses (travel fees, etc.).
When the weather is dry but blue skies are not present PHOTOGRAPHER will provide ONE blue sky replacement on the primary exterior home photo at no additional charge.
Travel Fees
Travel fee charges are canceled if CLIENT cancels 24 hours prior to the scheduled appointment. If the photographer is en route, you will be charged 50% of the travel fee. If the Photographer has arrived or has completed the session, there will be no refunds for travel fees.
Refund Policy
Media Estate Visuals, at its discretion, reserves the right to fully refund clients on a case-by-case basis. A full refund includes trip fees, deposits, and services purchased (bundles or á la cart services). We also reserve the right to allow our customers who receive full refunds but wish to continue using the final edited content from Media Estate Visuals for their listing up to 90-days.
Photography is a subjective art. Depending on the services booked we may (at our discretion) refund up to 50% of your order. Before doing so we must first cover the costs of the photographer, trip fees, photo editor, or any additional editing services used to provide your order.
Media Estate Visuals cannot issue refunds if the photos/video/floor plans/ 3D tours/virtual staging have been uploaded/posted anywhere online. This includes, but is not limited to, MLS services, real estate websites, personal websites, our customized marketing website, and all social media platforms. Similarly, if the photos have been used for print materials or print advertisement, we cannot offer a refund.
Property Condition
Photoshoot preparation guidelines are available here.
CLIENT will ensure the property is clean and ready for photography at the time of service. PHOTOGRAPHER is not responsible for cleaning, dusting, changing lightbulbs, or the moving of furniture but may adjust window coverings, move small items, or turn on/off lights as necessary. CLIENT shall ensure that there are no hazards to the photographer’s safety and that pets are confined out of view. PHOTOGRAPHER will not retouch images to disguise known defects and/or physical structures such as wall/floor blemishes, driveway cracks, power lines, etc.
Governing Law
Texas Law and Jurisdiction. These terms of services of this agreement will be governed by and construed in accordance with the laws of the state of Texas, without giving effect to the conflicts of law’s provisions thereof. Any action to enforce this agreement must be brought solely in the state or federal courts located in the city of Denton, Texas.
Additional Terms
Travel fees are waived when the property address is measured to be 19 miles or less from the assigned PHOTOGRAPHER. For locations 20 miles and beyond, travel fees will be calculated at the time of photoshoot booking. Media Estate Visuals will send an additional invoice for the travel fees incurred by the contracted photographer.
Final images are backed up by Media Estate Visuals and are available to be re-delivered until 90-days from the date of delivery. Photos may no longer be available beyond that time frame. It is recommended that the CLIENT makes a local backup of the images to use for the duration of the listing. Once the CLIENT’S contract with the homeowner has ended (property is sold or picked up by another agent), the license expires so the CLIENT should delete their backup at that time.
Have more questions? Please see our FAQ or Contact Us to discuss.
