License Agreement & Terms Of Service

Copyright Notice: Air and Land Photos (the Photographer) is the exclusive copyright holder of any photos, videos, or other media created.

Photo Rights and Usage of the Photography: The original Agent/Homeowner/Brokerage (Client) who paid for the service will be provided with a non-exclusive licensing agreement that grants the licensee the right to use the images on any electronic or printed form of advertisement for the promotion of the property shot. This licensing agreement is valid only for the duration that the home/property is listed for sale and cannot be reused without specific written permission from Air and Land Photos. The Client, however, may continue to use the photos for personal marketing and branding (personal website and electronic advertisements) as a courtesy from Air and Land Photos. However, Air and Land Photos must be made aware, credited, and compensated for any printed publication not owned by the Agent prior to use (i.e. Print/Online Magazine, Commercial, Real Estate Website, etc).

If media that was originally provided for the sale of a property is used for a short-term rental, you will be in violation of this licensing agreement and copyright license. Only media that was specifically booked for short-term rentals can be for for such.

Images, videos, or other media licenses are non-transferable. Any usage of any media by a third party including, but not limited to, architects, builders, stagers, designers, sellers, buyers, Agents, or Brokerages are strictly prohibited unless prior written approval is given by Air and Land Photos. The original Client does not have authorization to sell, transfer, or give away any media for any reason to any third party without prior written consent from Air and Land Photos. This includes Agents or Brokerages who take over an expired, withdrawn, or canceled listing. Any violation of this will result in compensatory damages five times the current prices listed on this site at the time of infringement. There shall be no agreements made between the original listing Agent and the new one regarding media created by Air and Land Photos for a canceled, expired, or sold listing. Only Agents and/or Clients that obtain a non-exclusive licensing agreement with Air and Land Photos are allowed to use any media created.

The Client may not make any digital alterations or edits to any media without written permission from Air and Land Photos. Please contact Air and Land Photos to make any changes to the delivered media. Any services that include editing or any requests to edit images or any other media, which may mislead or deceive consumers in any way, is the Client’s responsibility and Air and Land Photos cannot be held responsible. This includes, but is not limited to, Sky Replacements, Virtual Twilights, or Grass Greening.

“Community shots” such as a clubhouse, fitness center, golf course, community signs, etc., may be used for all future properties’ listings for the original Client. Air and Land Photos retains all rights to all media and retains the right to use these images as “stock images.” If you request us to shoot property amenities, it is your responsibility to make sure they are available to do so during your scheduled appointment. There will be a return/re-shoot fee of $50 if a Photographer has to return to a property in which it is no fault of our own.

Expectations of Clients: Clients are expected to have the property cleaned and staged prior to the photo-shoot. If the property is not ready to be photographed, the Client should make every effort to reschedule 12 hours prior to the shoot. Air and Land Photos is not responsible for staging, cleaning, de-cluttering, or landscaping. At the discretion of Air and Land Photos, we will help with light staging, cleaning, or de-cluttering, but will not be guaranteed. The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographer’s interpretation of the project. If a Client or Client’s representative is not present, the Photographer’s interpretation shall be deemed acceptable. All properties will be shot “As Is.” Your input is important when choosing the best rooms and angles to photograph. Absent your input, the Photographer will use his/her best judgment and experience to decide how best to photograph the property.

Cancellation of bookings must be made at least 12 hours before the actual job date/time for real estate agents. 

Cancellation/no-shows will incur the following fees :

1. No fee if cancelled 12 hours prior or more.

2. $25 if cancelled less than 48 hours prior or the property cannot be photographed.

There is no re-schedule fee for the amendment due to the weather conditions.

Photo Guarantee: Air and Land Photos will make every effort to ensure the final images, videos, and other media are of high quality and represent the property in the best way possible. Sometimes, however, a Client may feel these images do not meet those expectations. In this case, Air and Land Photos will work closely with the Client to correct the issues with the media. A reasonable amount of re-editing will be performed at no additional cost. If a return trip is requested due to issues in the media regarding de-cluttering, re-staging, additional photos not specifically requested prior to/at the shoot, or other aspects that are not directly the fault of Air and Land Photos, there will be a return/re-shoot fee of $50, unless it is the direct responsibility of the photographer wherein there will be no charge (i.e. missing specific shot requested prior to shoot, unusable photo due to lack of quality, etc.) Should the Client still be not fully satisfied with the photos, Air and Land Photos will issue a full refund to the Client, if requested, within seven (7) days of delivery, as long as the listing is not under contract. If a full refund is issued, however, the Client will have no licensing rights to the media and will delete and discontinue the use of any of the photos taken. The Client understands that Air and Land Photos may and will take legal action for any copyright infringement.

Delivery of Media and Storage: For most standard shoots, Air and Land Photos has a 36-hour or less turnaround time, but some photo shoots of larger properties or with extensive editing/special requests, such as luxury or twilight photos may take up to 48 hours. Video services may take up to 72 hours. Air and Land Photos will also maintain a photo backup and provide access to the final images for up to 90 days after the photos are delivered to the Client via download link. After 90 days, Air and Land Photos cannot guarantee the photos will be available. It is highly recommended to download the photos immediately after receiving the final download link as this will ensure no future issues.

Right to Refuse: Air and Land Photos reserves the right to refuse service at any time for any reason. At any time, Air and Land Photos can terminate the relationship with or fire a Client for overdue invoices, poor communication, unreasonable requests, or bad attitudes.

Aerial/Drone Services: All drone services are regulated by the FAA (Federal Aviation Administration) and must follow all rules and regulations. All properties within 5 miles of most airports require prior clearance before any Aerial/Drone services can be done. All Aerial/Drone services are contingent upon getting the proper clearance prior to flight. Although rare, there may be a delay of up to 90 days in getting this clearance, prior to Aerial/Drone services being done. Air and Land Photos will take all necessary steps to get authorization prior to the scheduled appointment but make no guarantee that this clearance will be granted. No clearance means Aerial/Drone operations will not be conducted. Period. Wind and weather conditions also play a major factor in drone operations. Air and Land Photos holds the exclusive right to determine whether wind and/or weather conditions provide safe flight conditions for drone operations. Air and Land Photos offers no guarantee that drone operations can be provided at any given time. Rescheduling may occur. Any Aerial/Drone services that are not conducted due to issues with authorization, wind or weather will be fully refunded or removed from final invoice.

Floor Plans: The floor plans we provide are for marketing purposes only. They are not to be used as a legal document.

Floor plans are generally ready the following day after the shoot. 

Payments: All payments made on our website will be processed using Spiro. Payment must be received before final pictures will be sent. Credit cards are accepted through our Spiro link/website. *If paying with cash or check please bring it to the photo-shoot. Final pictures will not be sent until payment is received. 

By booking any services with Air and Land Photos you are agreeing to be bound by these terms and conditions. You are also acknowledging that such agreement constitutes a binding contract between you and Air and Land Photos.

***ALL TERMS OF SERVICE ARE SUBJECT TO CHANGE WITHOUT NOTICE***