Terms of Service / Real Estate Media Agreement

Elevated 805 Property Media

Last updated: November 2025

This Real Estate Media Agreement (“Agreement”) is a legal agreement between you (“Client,” “you,” or “your”) and Elevated 805 Property Media (“Elevated 805,” “we,” “us,” or “our”).

It governs your use of our website, your booking of our services, and your purchase and use of any photos, videos, floor plans, 3D tours, or other deliverables (collectively, the “Media”).

By accessing our website, booking a session, or using any Media provided by Elevated 805, you agree to be bound by this Agreement.

Quick Summary (for convenience only – please read the full Terms below)

  • You’re hiring Elevated 805 Property Media to create real estate media (photos, video, floor plans, tours, etc.).
  • You confirm you have permission to allow us access to the property and to have it photographed/filmed.
  • You’re responsible for prepping the property, providing access, and securing pets during the session.
  • Late cancellations, no-shows, or lack of access may result in a cancellation fee.
  • Payment is due at the time booking is confirmed.
  • Elevated 805 keeps copyright to all media, and you receive a license to use it to market that specific property and to showcase your past listings.
  • You may not resell or give the media to third parties (other agents, vendors, etc.) without our permission.
  • Our liability is limited to the amount you paid for the specific service.

This summary is provided to make things easier to understand, but it does not replace the full Terms below, which control in case of any conflict.

1. Definitions

  • “Photographer” / “Photography Team” / “we” / “us” / “our”

    means Elevated 805 Property Media and any agents, assistants, contractors, or employees working on our behalf.

  • “Media”

    means any photography, video, 3D tour, floor plan, virtual tour, virtual staging, or other visual content created by us.

  • “Client” / “you”

    means the person or entity booking our services, including real estate agents, brokerages, property owners, property managers, or marketing representatives.

  • “Site”

    means our website and any online platforms we use for booking, payment, preview, or delivery of Media.

2. Booking, Property Access & Preparation

2.1 Authority & Access

By booking, you confirm that you have the legal authority to allow us access to the property and to authorize us to create Media there. You agree to indemnify and hold us harmless if a third party later claims you did not have that authority.

2.2 Property Preparation

You are responsible for ensuring the property is fully ready at the scheduled shoot time, including but not limited to:

  • Cleaning and tidying the interior and exterior

  • Removing personal items and clutter

  • Ensuring all lights and fixtures are working (where possible)

  • Completing any desired staging before we arrive

We do not provide cleaning, decluttering, or heavy furniture moving. Minor adjustments (e.g., small decor items) may be accommodated at our discretion and may increase the session time.

2.3 Pets

You are responsible for securing pets during the session for the safety of the property, our team, and the animals.

If pets are to be included in the Media, this must be arranged in advance and they must be safely controlled.

2.4 Specific Requests

Any special shot lists or specific angles must be provided at least one (1) calendar day before the appointment. While we make reasonable efforts, we cannot guarantee every requested shot will be possible due to time, safety, or property conditions.

3. Cancellations, Reschedules & Late Access

3.1 Client No-Show or No Access

If we arrive at the scheduled time and are unable to access the property, or if the property is not in a condition that reasonably allows us to shoot, this may be treated as a same-day cancellation, and a cancellation fee will apply.

3.2 Cancellation / Reschedule Window

You may cancel or reschedule an appointment without fee up to 24 or hours before the scheduled time.

  • Cancellations or reschedules within 24 hours may incur a cancellation fee of $100 to cover lost time and travel.

  • Repeated last-minute changes may require prepayment for future bookings.

3.3 Weather & Safety

If undesirable weather or unsafe conditions (e.g., high winds affecting drone operations, heavy rain, hazardous access) prevent us from safely completing the session, we may reschedule at our discretion.

Weather-related reschedules initiated by us typically do not incur a cancellation fee.

3.4 Late Arrival by Client

If you or your representative are late, we will do our best within the remaining scheduled time. Extended time beyond the booked session may incur additional charges and is subject to our availability.

4. Completion, Delivery & Revisions

4.1 Delivery Method & File Types

Media is delivered digitally via an online gallery or download link. Common formats include:

  • Photos: high-resolution JPEG (.jpg / .jpeg)

  • Video: commonly .mp4

  • Floor plans / tours: formats as provided by our third-party or in export formats we support

4.2 Typical Turnaround

Standard delivery times are approximately:

  • Photo-only shoots: typically next business day

  • Photo + video / 3D tours / floor plans: typically within [X–Y] business days

These timeframes are estimates, not guarantees. Larger or more complex projects, high-volume periods, or technical issues may extend delivery times.

4.3 Basic Editing & Processing

Our standard processing includes adjustments such as exposure, color balance, contrast, cropping, and basic retouching as we deem appropriate.

Extensive retouching (e.g., object removal, sky replacements beyond standard service, heavy digital alterations) may be available as an additional paid service.

4.4 Review & Acceptance

You agree to review the delivered Media promptly. If you believe there is an issue, you must notify us in writing within three (3) business days of delivery.

Reasonable correction requests within the scope of the original order may be accommodated at no additional charge. New edits or changes outside the original scope may be billed as additional services.

4.5 Archiving

We are not obligated to archive Media indefinitely. While we may retain backups for a limited time, long-term storage is your responsibility. We may charge a retrieval fee or may no longer have access to older files.

5. Pricing, Payment & Billing

5.1 Rates

Current pricing is listed on our website and/or in written estimates or invoices. All prices are stated in U.S. dollars and may be changed at any time for future bookings.

5.2 Payment Timing

Unless otherwise agreed in writing, payment is due at the time of booking. We reserve the right to withhold delivery of the media until payment is received in full.

5.3 Payment Methods

We may accept one or more of the following (as listed on our site or invoice):

  • Credit/debit card (e.g., via Stripe or similar processor)

  • PayPal

  • Other approved digital payment methods

  • [Optional: cash/check for local and/or established clients]

Any payment processors you use are governed by their own terms and privacy policies.

5.4 Failed/Disputed Payments

If a payment is declined or reversed (e.g., chargeback), we may:

  • Suspend or revoke the license to use the Media

  • Block further bookings until the issue is resolved

  • Seek reimbursement for fees and costs incurred due to the dispute

6. Copyright a License to use Media

6.1 Ownership

Unless otherwise agreed in a separate written contract, Elevated 805 Property Media retains all copyrights and intellectual property rights in and to all Media we create, even after you purchase services.

6.2 License for Property Marketing

Upon full payment, we grant you a limited, non-exclusive, non-transferable license to use the Media only for marketing and selling or leasing the specific property shown in the Media, including:

  • MLS listings

  • Brokerage or agent websites

  • Print brochures, flyers, or postcards

  • Online ads and social media posts related to that listing

This license typically lasts for the duration of the active listing for that property, plus a reasonable time for follow-up marketing.

6.3 Agent/Broker Self Promotion

After the listing is sold or off-market, you may continue to use the Media only for:

  • Showcasing your past work (e.g., “Just Sold,” portfolio, “Past Listings,” social media posts about your services)

6.4 MLS and Third-Party Platforms

You may grant MLSs and real estate portals (e.g., sites that pull from MLS) the rights needed to display the Media for that listing, as required by their standard terms, as long as:

  • You are authorized to list the property; and
  • The use remains tied to that property’s marketing or your agent/broker branding.

6.5 Prohibited Uses

Without our prior written permission, you may not:

  • Sell, license, or otherwise transfer the Media to third parties (e.g., other agents, stagers, contractors, builders)

  • Use the Media for unrelated properties or different addresses

  • Use the Media in any logo or trademark

  • Claim authorship or misrepresent the Media as your own creative work

We reserve all rights not expressly granted to you in this Agreement.

7. Editing, Alterations, & Credits

7.1 Alterations

To preserve quality and consistency, you may not significantly alter, filter, or heavily edit the Media (including cropping that misrepresents the property, extreme color changes, or adding misleading elements) without our prior written consent.

Minor cropping and resizing for layout, MLS formatting, or social platforms is generally acceptable.

7.2 Photographer Credit

Where practical, you are encouraged (but not required) to credit:

“Photography / Media by Elevated 805 Property Media”

Some publications or partner sites may require a credit line; you agree not to remove required credits where they apply.

8. Copyright Policy & Infringement

We respect copyright law and expect our clients and visitors to do the same. Any unauthorized copying, distribution, modification, or public display of our Media beyond the scope of the license granted is a violation of our rights.

We reserve the right to pursue any lawful remedies for copyright infringement, including the removal of Media from MLS or third-party sites and seeking damages where appropriate.

9. Limitations of Liability

To the fullest extent permitted by law:

  • Elevated 805, its owners, employees, contractors, and agents shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to our services, the Media, or your use of our Site, even if we have been advised of the possibility of such damages.

  • Our total liability for any claim arising under this Agreement shall not exceed the amount you paid for the specific service or session giving rise to the claim.

You are responsible for verifying that the Media meets your needs before using it in time-sensitive or high-stakes marketing.

10. Indemnification

You agree to indemnify, defend, and hold harmless Elevated 805 Property Media, its owners, employees, contractors, and agents from and against any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorney’s fees) arising out of:

  • Your breach of this Agreement;

  • Your use of the Media;

  • Your misuse of the Site; or

  • Any claim that you did not have authority to grant us access or permission to shoot at the property.

11. General Provisions

  • Independent Contractor.

    We operate as an independent contractor. Nothing in this Agreement creates an employer–employee relationship, partnership, or joint venture between us.

  • Governing Law.

    This Agreement is governed by the laws of the State of California, without regard to conflict of law principles.

  • Severability.

    If any part of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force.

  • Entire Agreement.

    This Agreement, together with any written proposal or invoice we issue, constitutes the entire agreement between you and Elevated 805 regarding our services and supersedes any prior discussions or understandings.

  • Changes to These Terms.

    We may update these Terms from time to time. The “Last updated” date at the top will reflect the current version. Continued use of our Site or services after changes are posted means you accept the revised terms.

12. Contact Information

If you have any questions about these Terms or our services, you can contact us at:

 

Elevated 805 Property Media

support@elevated805propertymedia.com