American Real Estate Media Policies

By contracting with American Real Estate Media, you acknowledge and agree to the following terms:

Property Readiness:

  • Our photographers are not responsible for cleaning up, staging, decluttering, or prepping the subject property with the exception of lighting, and will capture the home as-is. 

    • Minor assistance in this regard may be offered on a case-by-case basis but should NOT be expected. 

  • We maintain an understanding that the subject property is prepared to be photographed at the appointment start time. If the property is not ready, it will be shot As-Is.

  • We ask that you have your clients review our Pre-Staging Guide

Order Details & Accuracy:

  • The Client is expected to accurately enter all pertinent information at the time the order is placed. We reserve the right to update incorrect information and adjust the pricing of the order to accurately reflect the order.

  • Our pricing reflects the cost for a single dwelling in a residential household. For commercial or multi-unit properties, please contact our office for a personalized quote. Duplex-type properties are considered multi-unit.

Reschedule/Cancellation Policy:

  • We do not charge for rescheduling appointments when done more than 2 hours before the scheduled appointment time. Rescheduling inside of 2 hours or cancelling an appointment on-site is subject to a reschedule fee.

  • Appointments that cannot be completed due to weather issues will be rescheduled after contacting the client.

Payment Terms:

  • You will be invoiced after all media has been delivered. Payment is due upon receipt of the invoice..

  • If there is a balance on your account that is over 30 days old, American Real Estate Media will pause all assets until the balance has been paid.

  • Refunds and adjustments will not be considered once the media for a property has been used by the client in any way. Usage of any media provided by American Real Estate Media constitutes acceptance of delivery of the entire package/order.

  • Attempts to initiate credit card chargebacks after media has been used for marketing purposes constitutes a violation of US Copyright Law and the above usage license agreement.

Miscellaneous:

  • Our photographers follow FAA regulations regarding no-fly and restricted zones and may not be able to fly a drone at all properties.

  • In the event of a flight zoning issue or other technical issue, you will receive an adjustment in the amount of the service which is not able to be performed.

 

Hosting:

American Real Estate Media guarantees media hosting for one-year from appointment date, with the exception of Matterport 3D Tours. Matterport media will be hosted for three months, with the option to extend for a nominal monthly fee. Once the hosting time expires, the client is responsible for ongoing media storage.

 

Delivery Times:

We deliver finished media as soon as possible, with normal delivery occurring the next day around 12pm. Saturday and Sunday appointments are delivered on Monday. If you have a need for expedited delivery, please contact our office to discuss.

Rights and Usage:

Grant of Rights.

You hereby grant to American Real Estate Media, and its affiliates, contractors, commercial partners, licensees, successors and assigns a non-exclusive, perpetual, fully transferable, sublicensable worldwide right and license, to create, reproduce, display, transmit, and distribute the Work through any and all media now known or hereinafter developed. The "Work" is defined as photo(s), video(s), and/or 3D content, floor plans, graphics, audio, animation, constituent files, and other visual content of the property produced under these terms including any derivative works created therefrom. Any and all rights not expressly granted here are reserved to American Real Estate Media, including copyright and ownership rights in the Work. American Real Estate Media reserves the right to use the Work for the company's portfolio, samples, self-promotions, entry in contests or exhibitions, editorial use, or for display within or on the outside of American Real Estate Media' premises. American Real Estate Media further reserves the right to assign, transfer, license, distribute, or syndicate the Work and any and all rights in the Work to its commercial partners. Except as explicitly set forth in this section, You have no ownership rights in the work and no right to sell or license the Work to any third party or copy, modify, reproduce, or create derivatives of the Work without the prior written consent of American Real Estate Media.

Usage Rights.

In exchange for the Grant of Rights set forth herein, American Real Estate Media grants to You the right to use the images created from the Work and provided to you by American Real Estate Media for purposes of marketing and promoting the Property, promoting Your real estate business and/or the listing(s), Your brokerage(s), and/or Your business(es) ("Your License"). Your License is non-exclusive, non-transferable, covers all territories and media, and is for an unlimited time on websites owned by You. You may authorize third-party websites such as, but not limited to, Multiple Listing Service (MLS) or real estate listing portal websites to display said content solely for the purpose of advertising the subject listing, for as long as said listing is actively listed for sale by that listing agent. Your authorization to third-party websites will automatically expire once said listing is no longer available for sale or any relevant listing agreement between the Property owner and the listing agent has ended, whichever comes first.

Releases, Licenses, and Authorizations.

By contracting with American Real Estate Media to produce the Work, You warrant and represent that You are authorized to enter into this Agreement with regard to the Property and You certify that You have obtained all appropriate and necessary releases, permissions, waivers, licenses and/or authorizations (hereinafter "Clearances") for the Grant of Rights and Usage Rights set forth in these Terms and Conditions, including but not limited Clearances from the owner of the Property and any other owners of intellectual property rights contained in, on, or around the Property and captured as part of the Work, including the underlying architectural work. You further warrant and represent that the Property owner and any occupants of the Property have waived any expectation of privacy rights in relation to the images captured and distributed in accordance with the grant of rights hereunder. You agree to indemnify and hold harmless American Real Estate Media against any and all claims, costs, and expenses, including attorney's fees, due to uses of the Work for which You did not obtain the appropriate Clearance including uses that exceeded the Clearances actually obtained by You.

Indemnification/Hold Harmless.

In addition to the terms and conditions contained in this section, You shall also indemnify and hold American Real Estate Media, its officers, members, employees, contractors, licensees, sublicensees, agents, successors and assignees harmless from and against any and all liability, claims, injuries, damages, loss, expense, (including court costs and reasonable attorneys' fees) resulting from the performance of this Agreement, or any distribution or use of the Work created hereunder resulting from Your breach of any warranties, representations or certifications hereunder, or resulting from Your negligent or intentional acts or omissions and/or those of Your officers, agents, independent contractors, employees, family members, invitees, licensors, the Property owner, and/or guests.