Terms of Service Media Licensing & Service Agreement
This Master Terms of Service and Licensing Agreement (“Agreement”) governs the relationship between the client (“Client” or “Licensee”) and Maryland Photography Inc. (MPI360) (“Creator”, “We”, or “Us”). By booking our services, scheduling a shoot, or downloading delivered media, the Client agrees to these terms.
1. Copyright & Usage Rights (Licensing) We believe that premium media should serve as a long-term asset for your brand. However, to protect our intellectual property and ensure proper compensation for our work, the following usage rights apply:
Ownership: The Creator retains all ownership, copyright, and intellectual property rights to all original media created, including but not limited to architectural photography, cinematic video, drone aerials, 3D renderings, and virtual staging.
Real Estate Listing License: The Client is granted a temporary, non-exclusive, non-transferable license to use the delivered media for the marketing, promotion, and sale of the specific property depicted. This license covers the MLS, real estate portals (Zillow, Realtor.com, etc.), social media, and print materials directly related to the active listing.
Brand & Portfolio Elevation: We understand that a property’s visual media acts as your resume to win future business. The Client is granted a perpetual license to use the delivered media in their personal professional portfolio, website, and general marketing materials to promote their real estate or business brand, even after the specific property has been sold.
Strict No Third-Party Transfer: The license granted is strictly for the Client who booked and paid for the service. Media may not be transferred, gifted, or sold to any third party. This includes, but is not limited to, builders, contractors, architects, interior designers, virtual stagers, or subsequent listing agents. If a third party wishes to use the media, they must contact Us to purchase a separate commercial license.
2. Scheduling, Cancellations & Weather
Cancellations & Rescheduling: We require a minimum of 24 hours’ notice for cancellations or rescheduling. Cancellations made within 24 hours of the scheduled shoot time may be subject to a cancellation fee.
Weather Policy: We closely monitor weather conditions. If severe weather (heavy rain, high winds, snow) prevents the completion of exterior media (especially drone operations), we will reschedule the exterior portion at no additional cost. Cloudy or overcast days do not automatically qualify for a free weather reschedule; our editing process includes advanced sky replacements to ensure premium quality regardless of standard weather variations.
3. Property Preparation & Condition The “Shoot-Ready” Standard: To provide you with the highest quality visual assets, properties must be entirely ready for media capture upon our arrival.
Our team’s primary focus is on strategic composition, lighting, and visual storytelling. We do not provide cleaning, decluttering, or moving services.
The property will be shot “as-is” upon arrival. We are not responsible for removing vehicles from driveways, hiding trash cans, making beds, or coordinating with contractors who may still be on site.
If a property is significantly unprepared, causing a delay or requiring a return visit, a fee will be assessed.
4. Delivery & Archiving
Turnaround Time: Standard real estate photography is typically delivered within 24 hours of the shoot’s completion. Complex deliverables such as cinematic brand anthems, intricate virtual staging, or custom 3D configurators will have turnaround times outlined in their specific project scopes.
Asset Archiving: Delivered media will be hosted on our delivery platform for a minimum of 1 year. Clients are strongly encouraged to download and back up their final assets immediately upon receipt.
5. Payment Terms
Invoices are generated upon delivery of the media. Unless otherwise specified in a custom commercial contract, payment is due in full prior to the release of high-resolution downloads.
For larger branding, web design, or ongoing business marketing projects, a deposit schedule will be outlined in the specific project proposal.
6. Liability & Indemnification The Client assumes all liability for ensuring they have the legal right, authorization, and permission to grant Us access to the property and to capture media of the premises. The Client agrees to indemnify and hold harmless Maryland Photography Inc. (MPI360) and its contractors against any claims, damages, or legal actions arising from the unauthorized capture or use of the media.