1) Scope of Services
Provider will perform real estate media services such as photography, videography, aerial/drone capture (weather/airspace permitting), floor plans, and basic editing. Specific deliverables, shoot date(s), and fees will be listed on the quote/invoice or Statement of Work (“SOW”).
2) Scheduling, Access & Safety
Access: Client is responsible for property access, staging, and ensuring the premises are photo‑ready.
Reschedule: Weather, airspace TFRs, or safety issues may require rescheduling. Client‑initiated reschedules within 24 hours of call time may incur a reschedule fee and any third‑party costs.
Safety: We may decline any activity that risks people, property, or violates FAA/OSHA/site rules.
Drone: Flights comply with FAA Part 107 and local laws; flights may be refused due to conditions, airspace, or property/HOA restrictions.
3) Turnaround, Revisions & Retention
Turnaround: Standard 24 hours for photos; 2 business days for luxury photos; 2 business days for video unless otherwise stated.
Revisions: Two (2) editorial revisions included per deliverable; additional edits billed at posted rates. Reshoots due to staging/condition changes or scope changes are billable.
File retention: Master project files are retained for 12 months; archival retrieval may incur a fee.
4) Fees, Invoicing, Late Payment & Collections
Booking/Deposit: A deposit may be required to secure dates.
Due date: Invoices are due upon receipt unless otherwise stated (Net ___).
Late fee: Past‑due balances accrue a late charge of 1.5% per month (or the maximum allowed by law, if less).
License conditional on payment: All licenses are granted only upon full payment. Until paid in full, delivered media are for proofing only and may not be used, published, or distributed.
Collections: Accounts not paid within 30 days of due date may be paused and sent to collections after written notice. Client agrees to pay reasonable collection costs, attorney’s fees, court costs, and any chargeback fees. Chargebacks are treated as non‑payment and void licenses.
Non‑refundable costs: Third‑party expenses (studio, permits, rentals) are non‑refundable once incurred.
5) Ownership, Copyright, & Licensing (Photos & Videos)
Copyright: Except where expressly stated otherwise in writing, Provider owns all copyrights in the media we create.
Standard Listing License (non‑exclusive, non‑transferable): Upon full payment, Provider grants Client and Client’s brokerage a limited license to use the delivered photos/videos to market the specific Property named above across MLS, brokerage websites, the Client’s social channels, online listings, flyers, and ads until the earlier of (a) the listing is sold/leased/withdrawn or (b) 12 months from delivery.
Permitted shares: Client may share the media with the property owner/seller, MLS, and buyer’s agent solely for marketing the same listing.
Prohibited uses (without written permission or additional fee): Use for future listings, new agents/brokerages, developers, stagers, contractors, architects, vendors, or any resale, template, stock, or sublicensing; use implying endorsement; heavy re‑editing beyond cropping/resize/color tweaks.
Attribution & MLS: Client will follow MLS/association rules on attribution and removal. Some MLSs require removal after closing or on request. Client is responsible for compliance with third‑party platform terms.
Brand/Portfolio License: Provider may showcase the work in portfolios, websites, reels, case studies, social media, and award entries, excluding confidential information.
Full Buyout (optional): Transfer of copyright (if offered) requires a separate written assignment and an additional buyout fee. Absent a signed assignment and cleared funds, copyright remains with Provider.
Model/Property Releases: Client warrants it has authority to permit filming/photography and will obtain any needed owner/occupant/model releases.
6) Third‑Party Rights & Music
Music/Footage: Licensed music, fonts, graphics, or stock elements are provided for the specified use only and may carry platform/geography/time limitations. Additional usage requires new licensing at Client’s expense.
DMCA: If media is used outside the license or without payment, we may issue takedowns and pursue remedies.
7) Client Responsibilities & Approvals
Provide accurate information, timely feedback, and a single point of approval.
Ensure property condition; secure valuables and sensitive information.
Review proofs promptly; silence for 5 business days after delivery may be treated as provisional acceptance for scheduling purposes.
8) Changes, Cancellations & Force Majeure
Changes: Scope changes require a written change order and may affect schedule/fees.
Cancellation: Cancellations within 24 hours of call time may incur up to 100% of the day rate plus any third‑party costs.
Force Majeure: Neither party is liable for delays beyond reasonable control (weather, outages, illness, government orders). Deposits and actual costs may be applied to a new date.
9) Insurance & Liability
We maintain industry‑standard general liability and drone coverage.
Limitation of liability: To the maximum extent permitted by law, our total liability for any claim shall not exceed the amount paid by Client for the specific SOW/deliverable giving rise to the claim. No special, incidental, or consequential damages.
Indemnity: Client agrees to indemnify and hold Provider harmless from claims arising from Client’s misuse of deliverables, missing permissions, or violations of third‑party rights.
10) Non‑Solicitation (Optional)
For 12 months after the last service date, Client agrees not to solicit Provider crew for direct engagement for substantially similar work without Provider’s written consent.
11) Confidentiality
Both parties will treat non‑public information as confidential and use it only to perform under this Agreement.
12) Dispute Resolution & Venue
The parties will attempt good‑faith resolution. If unresolved, disputes will be brought exclusively in Maricopa County, Arizona. The prevailing party may recover reasonable attorneys’ fees and costs.
13) Entire Agreement; Severability
This Agreement plus the SOW/estimate/invoice is the entire agreement and supersedes prior discussions. If a provision is held invalid, the rest remains in effect. Changes must be in writing and signed.