In accordance with U.S. Copyright Laws, Prevailing Real Estate Media or any individual contracted by Prevailing Real Estate Media, is the exclusive copyright holder of any photos, videos, or other media created.

Prevailing Real Estate Media and/ or individual contracted by Prevailing Real Estate Media will henceforth be referred to as “P.R.E.M.”

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 P.R.E.M. The Client, however, may continue to use the photos for personal marketing and branding (personal website and electronic advertisements) as a courtesy. However, P.R.E.M. 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).

Images, videos, or other media licenses are non-transferable. 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 Prevailing Real Estate media. 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 Prevailing Real Estate Media. This includes Agents or Brokerages who take over an expired, withdrawn, or canceled listing.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 Prevailing Real Estate Media for a canceled, expired, or sold listing. Only Agents and/or Clients that obtain a non-exclusive licensing agreement with Prevailing Real Estate Media are allowed to use any media created.

The Client may not make any digital alterations or edits to any media without written permission from P.R.E.M. Please contact P.R.E.M. 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 Prevailing Real Estate Media 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. Prevailing Real Estate Media 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 $45 plus any applicable travel fees 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, staged, and ready for the shoot prior to the photoshoot. If the property is not ready to be photographed, the Client should make every effort to reschedule 24 hours prior to the shoot. Prevailing Real Estate Media is not responsible for staging, cleaning, decluttering, or landscaping. At the discretion of Prevailing Real Estate Media, we will help with light staging, cleaning, or de-cluttering, but will not be guaranteed. The Client is responsible for having a representative at the shoot to approve the Photographers interpretation of the project. If a Client or Client’s representative is not present, the Photographers 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. If we do not receive any input, the Photographer will use his/her best judgment and experience to decide how best to photograph the property.

Cancellation and Rescheduling Policy:

If cancellation or rescheduling is necessary, please do so with a minimum of 24-hours notice. Any shoot canceled within 24 hours of a booked appointment is subject to a $50 Cancelation Fee. By scheduling a shoot, you affirm that the property is ready or will be ready for photos to be taken at the scheduled time. You also understand that we may charge a $45 service fee if we must return to a property in which it is no fault of our own. This includes, but is not limited to, property not ready, staging incomplete, construction, and/or the agent not present, owner not home, no key in the lockbox, etc. This includes partial photo shoots where the exterior may not be ready or certain rooms are incomplete and the Photographer is required to return. When there is extreme weather, the cancellation fee may be waived; however, the weather should be evaluated several days prior to the shoot and therefore the Client is still responsible for the rescheduling fee if rescheduled within 24 hours of a set appointment.

Rush Policy:

A request for a photo shoot less then 24 hours beforehand may be subject to an agreed upon rush fee.

Photo Guarantee:

Prevailing Real Estate Media 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, we will work closely with the Client to correct the issues with the digital media assets. 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 decluttering, re-staging, additional photos not specifically requested prior to/at the shoot, or other aspects that are not directly the fault of Prevailing Real Estate Media, there will be a return/re-shoot fee of $45 plus $10 per additional photo requested and will be charged to the Client, 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.)

Delivery of Photos and Storage:

For most standard shoots, Prevailing Real Estate Media has a guaranteed 36-48 hour turnaround time, but some photoshoots of larger properties or with extensive editing/special requests, such as luxury or twilight photos may take up to 72 hours. Video services may take up to 72 hours. Prevailing Real Estate Media will also maintain a photo backup and provide access to the final images for up to 60 days after the photos are delivered to the Client via download link. After 60 days, no guarantees can be made that 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.

Travel Surcharge:

Client Agrees to travel fees as stated on the Prevailing Real Estate Media website.

Right to Refuse:

Prevailing real Estate Media reserves the right to refuse service at any time for any reason. Including but not limited to overdue invoices, poor communication, unreasonable requests, or poor attitudes/ behavior.

Aerial/Drone Services:

P.R.E.M. includes Aerial/Drone services as a no-charge, courtesy add-on for most packages and products but cannot guarantee that aerial services can be conducted at any given time. Therefore, the client is not entitled to a refund for any aerial/drone services that are not conducted due to issues with authorization, wind or weather. All drone services are regulated by the FAA (Federal Aviation Administration) and must follow all rules and regulations. All properties within proximity 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. P.R.E.M. 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. P.R.E.M. holds the exclusive right to determine whether wind and/or weather conditions provide safe flight conditions for drone operations.

Payments:

Payment is expected before media is downloaded unless other arrangements have been made prior to appointment. Failure to pay an invoice past due of 30 days or more will result in copyright infringement and may result in legal action. Any services that have been provided at the listing property must be paid for regardless of listing becoming expired, withdrawn, canceled, or under contract.

By booking any services with P.R.E.M. 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 Adler Grey Real Estate Media Collective.