This Real Estate Marketing Services Agreement (“Agreement”) is between Home Visions Media (“HVM,” “we,” “us,” or “our”) and the individual or entity booking or purchasing our services (“Client,” “you,” or “your”).
By accepting this Agreement when booking or purchasing services, you agree to the following terms. Any different terms expressly agreed to in a separate written agreement signed by HVM will control to the extent of a conflict.
1. Definitions
Media: Photography, videos, reels, 3D tours, floor plans, websites, and other media or marketing deliverables produced or provided by HVM.
Property: The real estate location where services will be performed.
Photography Team: HVM and its photographers, videographers, employees, independent contractors, agents, and authorized representatives.
Licensed Content: Completed Media delivered by HVM for which all applicable charges have been paid.
Business Day: Monday through Friday, excluding federal holidays.
2. Services, Pricing, and Payment
Pricing
Prices are stated in U.S. dollars and are identified on HVM’s pricing page, order form, or written proposal. Pricing changes apply to future bookings unless otherwise agreed in writing.
If a service is mistakenly listed at an incorrect price, HVM may decline or cancel the affected order. If payment has already been collected for a service canceled by HVM because of a pricing error, that payment will be refunded. Any corrected price requires Client’s approval before proceeding.
Payment at Booking
Payment in full is required at the time of booking to confirm an appointment, unless HVM expressly approves different payment arrangements in writing.
If HVM permits an appointment to proceed before payment is received, Client remains responsible for all applicable service, cancellation, and rescheduling charges under this Agreement. Allowing an appointment to proceed without advance payment does not waive these obligations. Unless otherwise agreed in writing, outstanding amounts become due immediately when the service is performed or the applicable cancellation charge arises.
HVM may withhold delivery, downloads, and permission to use Media until payment is received in full.
Charges will appear as “Home Visions Media” on credit card or bank statements.
Additional Services
Services, edits, reshoots, or other work requested outside the original order may incur additional charges. HVM will communicate the applicable charges for Client approval before performing additional work.
Non-Refundable Services
Completed services are non-refundable, subject to applicable law and HVM’s obligations under this Agreement.
Domain name purchases are non-refundable once the purchased URL has been provided to Client.
3. Property Authorization and Preparation
Client represents that they have authority to arrange the services and authorize HVM to enter and capture Media at the Property. Client is responsible for securing any necessary permissions from the owner, occupants, property manager, or other authorized parties.
The Property must be accessible, clean, staged, and ready for the scheduled services at the appointment start time. Client is responsible for reviewing and following HVM’s Photo Shoot Prep List, available on our website.
HVM’s Photography Team does not provide cleaning, staging, or furniture-moving services. Due to insurance limitations, team members cannot assist with moving furniture or personal property. Small items, lighting, and window treatments may be adjusted at the photographer’s discretion.
All animals must be restrained and kept away from HVM team members and equipment throughout the appointment. Pets will not be included in photographs unless expressly agreed in advance.
Specific shot requests, areas requiring special attention, access instructions, and other special requirements must be communicated at least one calendar day before the appointment. Requests made later may not be accommodated within the reserved appointment time.
4. Property Access and Appointment Timing
Client is responsible for ensuring that HVM has full access to the Property at the scheduled date and time, including working keys, lockbox codes, entry permissions, and access to all areas to be captured.
If access is not provided within 15 minutes of the scheduled start time, HVM may leave and require the appointment to be rescheduled. A $35 rescheduling fee will apply.
Delays do not extend the reserved appointment time. If HVM can proceed after a delay, services may be limited to what can reasonably be completed within the remaining time.
If an appointment cannot proceed because of missing access, an absent required contact, or another Client-controlled issue, Client may reschedule under Section 5. If Client declines to reschedule or does not complete the rescheduled appointment within the required period, the full original appointment cost is non-refundable and remains payable if unpaid.
5. Rescheduling
Four Hours or More Before the Appointment
Client may reschedule without a rescheduling fee by providing notice at least four hours before the scheduled appointment time.
Less Than Four Hours Before the Appointment
Rescheduling requests received less than four hours before the scheduled appointment time incur a $35 rescheduling fee.
Rescheduling Deadline
A rescheduled shoot must take place within two months of the original appointment date, subject to HVM’s availability, unless HVM approves an extension in writing.
Payments for the original appointment will be applied to the rescheduled appointment. Applicable rescheduling fees are additional and do not reduce the original service price.
If Client does not complete the rescheduled shoot within this period, the original appointment payment will be forfeited and will not be refunded. Any unpaid amount for the original appointment remains due, subject to applicable law.
Rescheduling does not restore refund eligibility for an appointment that was already subject to the late-cancellation or day-of policies.
6. Property Not Ready on Arrival
If the Property is not ready when HVM arrives—for example, because of clutter, incomplete cleaning, unfinished staging, or ongoing work—Client must choose one of the following options:
Proceed As Is
HVM will capture the Property in its existing condition within the reserved appointment time.
Some rooms, features, or areas may be excluded, and the Property’s condition may affect the appearance or quality of the resulting Media.
HVM is not responsible for limitations caused by the Property’s condition. No refund will be provided solely because of clutter, incomplete preparation, or other conditions present when Client authorized HVM to proceed. Additional editing or a return visit may incur additional charges.
Reschedule
Client may reschedule for a time when the Property is ready. A $35 rescheduling fee applies, and the rescheduled shoot must take place within two months of the original appointment date.
No Decision or No Rescheduling
If Client does not authorize HVM to proceed or elect to reschedule within 15 minutes of the scheduled start time—or promptly upon discovery of a readiness issue if that period has already passed—HVM may end the appointment.
If Client declines to reschedule, the appointment will be treated as a day-of cancellation. The full appointment cost is non-refundable and remains due if unpaid, even if no Media was captured.
7. Cancellations and Changes to the Listing
More Than 24 Hours Before the Appointment
For cancellations received more than 24 hours before the scheduled start time, Client may choose:
A credit equal to the appointment payment for a future project; or
A refund to the original payment method, less a 6% processing fee, to the extent permitted by applicable law.
Completed services and non-refundable domain purchases are excluded from these credits and refunds.
24 Hours or Less Before the Appointment
If Client cancels 24 hours or less before the scheduled start time without rescheduling under this Agreement, the full appointment cost is non-refundable. If payment has not been collected, the full appointment cost remains due.
This includes cancellations after HVM has arrived at the Property, whether or not photography or other Media capture has begun.
Loss of Listing or Services No Longer Needed
Client’s obligations are not contingent on the Property being listed, remaining listed, selling, or closing.
The loss, withdrawal, expiration, cancellation, or transfer of a listing; a homeowner’s decision not to proceed; or Client’s determination that the services are no longer needed does not create an exception to the applicable cancellation or rescheduling policy.
If HVM arrives and the Property is not ready, Client’s subsequent loss of the listing does not convert the appointment into a refundable cancellation. If Client does not proceed with an eligible rescheduled appointment, the full original appointment cost remains payable and non-refundable, subject to applicable law.
Payments already received will be credited against the amount due; HVM will not charge the original appointment price twice.
Exceptions
Any exception or waiver must be approved by HVM in writing. An exception for one appointment does not modify these policies for future appointments.
8. Property and Environmental Conditions
Client must provide conditions that are safe and suitable for HVM’s team and equipment.
Conditions requiring correction or rescheduling may include:
Interior temperatures below 60°F or above 80°F;
Unrestrained animals;
Unsafe construction activity or exposed hazards;
Ice, snow, water, or other obstructions affecting safe access; or
Other conditions that reasonably present a safety or equipment risk.
HVM may decline to begin or may stop work if conditions are unsafe or unsuitable. If the issue cannot be corrected within the reserved appointment time, a reschedule will be required and a $35 rescheduling fee will apply.
If Client declines to reschedule, or the conditions cannot be corrected to permit the rescheduled appointment within the required period, the full appointment cost is non-refundable and remains due if unpaid, subject to applicable law.
The examples above are not exhaustive. HVM will assess conditions using reasonable professional judgment.
9. Weather
HVM strives to work in all weather conditions when it is safe for the team and equipment.
HVM monitors weather and will attempt to contact Client if anticipated rain, snow, ice, or other hazardous conditions may require rescheduling. Advance notice is not guaranteed when conditions develop unexpectedly.
Client-requested weather rescheduling is subject to the notice periods in Section 5. If unsafe conditions on the appointment date prevent the shoot or safe access to the Property, a $35 rescheduling fee applies unless HVM waives it in writing.
If HVM advises that conditions are unsafe, Client cannot require the Photography Team to proceed. If Client declines a required reschedule and the appointment cannot safely proceed, it will be treated as a cancellation, and the full appointment cost is non-refundable and remains due if unpaid, subject to applicable law.
Weather-related access hazards include ice, snow, rain, flooding, or other conditions affecting sidewalks, driveways, entryways, or pathways. These examples are not exhaustive.
10. Completion, Delivery, and Review
Delivery Timelines
General photographs will be delivered on the next business day following the completed on-site appointment.
Premium edits for home tour videos and reels will be delivered within 48 hours of the completed on-site appointment.
Delivery schedules for other services will be identified in the order or agreed to separately. Rush delivery may be available upon request, with availability and additional fees determined case by case.
These timelines apply to the originally ordered services. Additional requests or changes may require a revised delivery timeline, which HVM will communicate to Client.
Delivery Formats and Processing
Photographs are generally delivered as high-resolution JPEG files and videos as MP4 files through an online gallery or delivery platform. Other services may be delivered through links, hosted experiences, documents, or other appropriate formats.
Standard processing includes adjustments appropriate to the purchased service, such as white balance, exposure, contrast, and composition. Specialized retouching or other work outside the purchased service may incur additional charges.
Review and Revision Requests
Client must review Media upon receipt and submit any concerns, claimed deficiencies, or revision requests in writing within five business days.
HVM will review timely reported issues and determine appropriate corrections within the original service scope. New creative directions, changes to the Property after the appointment, and requests outside the original order may require additional payment.
This review period does not waive rights that cannot lawfully be waived.
Downloading and Storage
Client is responsible for promptly downloading and securely storing delivered files. HVM does not guarantee indefinite gallery access, file retention, or recovery of previously delivered Media.
This file-storage provision does not shorten an expressly included hosting period, including Matterport hosting under Section 11 and Signature Website hosting under Section 12.
11. Matterport Hosting
Matterport hosting is included for six months from the date of the scheduled appointment at which the scan is captured.
After six months, the scan will be archived by default and may no longer be publicly accessible.
Client may request transfer to their own Matterport account, subject to Matterport’s transfer requirements and account eligibility. Client is responsible for hosting charges associated with their own account.
Continued hosting or reactivation through HVM requires a separate arrangement and may incur additional charges.
12. Signature Website Hosting
Hosting for a Signature Website is included for six months from the date the website is first published.
After the included six-month period, the website will be archived and will no longer be publicly accessible unless Client arranges continued hosting with HVM.
Continued hosting or reactivation requires a separate arrangement and may incur additional charges. HVM will communicate any applicable fees for Client approval before extending or reactivating hosting.
13. Copyright and Commercial License
HVM retains all copyrights and ownership rights in Media it creates or produces. Services and deliverables are not works made for hire for Client, and payment does not transfer copyright ownership.
After full payment, HVM grants Client a non-exclusive, worldwide, non-transferable license to reproduce, display, publish, and transmit the Licensed Content to market the depicted Property while it is listed with Client.
Client may use the Licensed Content in listing materials, brochures, websites, social media, advertising, and other customary property-marketing channels, subject to this Agreement.
After the listing ends, Client and the agent who represented the Property may continue using the Licensed Content solely to show their own previously listed or sold properties and market their own services. This permission does not authorize a subsequent listing agent, brokerage, owner, builder, or other third party to use the Media for a new listing or separate business purpose.
MLS Permission
Client may provide Licensed Content to an MLS of which Client is a member for the applicable listing and comparable-property database purposes.
This limited permission does not authorize unrelated commercial reuse or further sublicensing except as expressly approved by HVM in writing. If an MLS requires broader rights, Client must obtain HVM’s approval before granting them.
Revocation
HVM may revoke the license for nonpayment or a material violation of these license terms by providing written notice to Client.
Upon revocation, Client must stop using the affected Media, remove it from channels within Client’s control, and take commercially reasonable steps to request removal from third-party channels, subject to any applicable legal retention requirements.
All rights not expressly granted remain reserved to HVM.
14. License Restrictions
Client may resize, compress, or crop Licensed Content as reasonably necessary for an authorized publication format, provided the changes do not materially misrepresent the Media or Property.
Other material alterations, manipulations, or combinations with other imagery require HVM’s prior written permission.
Client may not:
Sell, license, or collect payment for another party’s use of the Media;
Transfer or assign the license except as expressly permitted in this Agreement;
Authorize use by a subsequent listing agent or unrelated third party without HVM’s written approval;
Incorporate the Media into a logo, trademark, or service mark;
Claim authorship or copyright ownership of HVM’s work; or
Grant a platform or third party broader rights than Client is authorized to grant.
Service providers working on Client’s authorized marketing may handle the Media only on Client’s behalf and receive no independent reuse rights.
If a third-party platform requires rights inconsistent with this Agreement, Client must obtain HVM’s written permission before uploading the Media or take commercially reasonable steps to remove previously uploaded content.
15. Copyright Compliance
Client agrees not to use HVM’s website, services, or Media to infringe another party’s intellectual property rights.
Client represents that any materials supplied to HVM may lawfully be used for the requested services and grants HVM permission to use those materials for that purpose.
HVM may suspend or terminate website or service access for users who repeatedly infringe intellectual property rights.
16. Relationship of the Parties
HVM provides services as an independent contractor. HVM and its Photography Team are not employees, partners, or agents of Client.
Neither party may bind the other or enter into agreements on the other’s behalf without express written authorization.
17. Limitations of Liability
To the fullest extent permitted by applicable law, HVM and its personnel will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from this Agreement or the services, including lost profits, lost commissions, or lost business opportunities.
To the fullest extent permitted by applicable law, HVM’s aggregate liability arising from a particular order will not exceed the amount paid or payable for that order.
These limitations do not apply to fraud, gross negligence, willful misconduct, or any liability that cannot lawfully be excluded or limited.
HVM is not responsible for the Property’s marketability, listing performance, sale price, or whether a transaction closes.
18. Indemnification
To the fullest extent permitted by applicable law, Client agrees to indemnify and hold harmless HVM and its personnel from third-party claims, damages, losses, and reasonable expenses, including reasonable attorneys’ fees, arising from:
Client’s lack of authority to authorize entry or Media capture at the Property;
Client’s breach of this Agreement;
Materials supplied by Client that infringe another party’s rights;
Client’s unauthorized use, distribution, alteration, or transfer of Media; or
Client’s negligence or willful misconduct.
This obligation does not apply to the extent a claim results from HVM’s own negligence, willful misconduct, or breach of this Agreement.
HVM will promptly notify Client of any claim for which it seeks indemnification and reasonably cooperate in its resolution. Client may not agree to a settlement that imposes obligations on HVM or admits fault on HVM’s behalf without HVM’s written consent.
19. General Terms and Contact
This Agreement and the applicable order or written proposal describe the parties’ agreement for the booked services. Any separate signed agreement controls where it expressly conflicts with these terms.
Changes to these terms apply prospectively and do not modify an existing booking unless both parties agree.
If any provision is found unenforceable, the remaining provisions will remain effective to the extent permitted by law. Nothing in this Agreement limits rights or remedies that cannot lawfully be waived.
For cancellations, rescheduling requests, delivery concerns, or questions about this Agreement, contact HVM through its booking system or at:
[email protected]Client should retain confirmation of any cancellation or rescheduling request. Notice periods are measured from HVM’s receipt of the request using the appointment’s local time.
