How Real Tour 360 media licensing, payment, delivery, cancellations, property preparation, and completed work are handled.
First off, thank you for choosing Real Tour 360. I know you have a lot of options out there, and I genuinely appreciate your trust.
This page gives you a clear idea of how things work when you book media services with me, including how photos and videos can be used, when to expect delivery, how licensing works, and what to keep in mind before shoot day.
I have written this first part in plain English so it is easy to understand. The more formal terms are further down, but this summary covers the important parts in a practical way.
I retain the copyright to the photos, videos, drone shots, 3D tours, and floor plans I create. You are licensed to use them to market the listing, but ownership is not transferred.
The license is for you and your brokerage while you are the listing agent. Once the listing sells, expires, or changes agents, the license ends unless a new license is arranged.
You may add your logo, contact information, and basic listing branding. For heavy edits, AI edits, virtual twilight, or derivative videos, contact me first.
Final media is released after payment is received. Previews or low-resolution versions may be provided first, but final full-resolution files are not released until the invoice is paid.
Photos are usually delivered the next day. Videos average about 48 hours. If something unexpected comes up, I will let you know as soon as possible.
Please give at least 24 hours notice if you need to cancel or reschedule. Last-minute cancellations may result in a fee because the time has been reserved for your shoot.
Please make sure the home is ready when I arrive: lights on, clutter put away, rooms tidy, and vehicles moved. I photograph the property as-is.
Floor plans are created with reliable tools, but I am not a licensed appraiser or surveyor. They are for marketing, not official measurements.
Because this is a digital service and the time spent cannot be undone, refunds are not offered once work is completed and delivered. If something needs a quick tweak, reach out.
All photographs, videos, virtual tours, floor plans, and other media ("Media") created by Real Tour 360 ("Photographer") remain the sole property and copyright of the Photographer. No title or ownership of the Media is transferred to the Client, defined as the real estate agent who hires Real Tour 360 and their brokerage collectively, under this agreement.
The Media and all rights therein are protected by U.S. copyright laws and other intellectual property laws. The Photographer does not consider any Media a "work made for hire." Even after purchase, the Media is licensed to the Client, not sold outright, and Photographer retains all ownership rights.
Upon full payment for the services and Media, the Photographer grants the Client a limited, non-exclusive, non-transferable license to use the delivered Media for the purpose of marketing the specific property addressed in the booking through customary real estate marketing channels.
The Client and their brokerage may reproduce, distribute, and publicly display the Media in brochures, on websites, MLS listings, social media, and other promotional materials directly related to the sale or rental of the property depicted. The Media may also be provided to the listing service (MLS) for the property listing, with the understanding that any MLS terms of use do not override the Photographer's rights or these terms. MLS or third parties cannot acquire any ownership or resale rights to the Media beyond what is granted here.
The license is valid from the date of delivery of the Media until the property is sold or the Client's listing for the property ends, whichever comes first. Once the property sale closes or the Client is no longer the listing agent or broker for the property, the license terminates. If the property is relisted by a different agent or broker, or taken off the market, continued use of the Media is not permitted without a new agreement.
In any event, the license shall not exceed one (1) year in duration unless otherwise agreed in writing. Extending use beyond these terms requires written permission from the Photographer and may involve additional fees.
The Client shall not sell, transfer, assign, or sublicense the Media or any rights under this agreement to any third party. The Media is for the Client's and their brokerage's use only and solely for marketing the property as stated.
Other parties, including the property owner, builder, subsequent listing agents, or any third-party company, are not covered by this license. The Client agrees not to provide the high-resolution Media to such parties for their own use, other than the homeowner viewing or sharing the listing. The Media is also not to be used by the homeowner or buyer for purposes outside the scope of the property listing, aside from personal keepsake use by the seller or buyer.
If any third party wishes to use the Media, such as a new listing agent, homeowner for a vacation rental listing, or contractor for advertising, they must contact the Photographer to obtain a separate license or permission.
Any use of the Media beyond what is permitted in this agreement, including use after the license term ends, use on a different property, or use by an unauthorized party, is considered an unauthorized use and a violation of copyright. The Photographer reserves the right to pursue appropriate legal and financial remedies for unauthorized use. The Client is responsible for ensuring that all parties in their control, including their brokerage or marketing staff, comply with these terms.
The Client may make minor alterations to the Media for the purpose of facilitating its permitted use, such as overlaying text or graphics, adding the agent's name, company logo, or listing details onto a photo or video. Such modifications are allowed provided they do not remove or obscure any embedded copyright notices or watermarks, and do not misrepresent the subject property. Editing photos to deceive viewers about the property's condition is not permitted.
The Photographer may include discreet copyright management information, metadata, or watermarks in the Media. Removing or altering this information is prohibited without Photographer's consent.
For any substantive modifications of the Media, the Client must obtain prior written consent from the Photographer. Substantive modifications include, but are not limited to, using software or AI to substantially change the scene or ambiance of images, turning daylight photos into virtual twilight images, altering property features, creating derivative videos from still images using AI, or any edits that transform the original work beyond basic cosmetic adjustments.
The purpose of this restriction is to ensure quality control and to prevent the Photographer's work from being misused or represented in ways beyond the original intent. The Photographer may offer advanced editing services such as virtual staging or virtual dusk/twilight conversions. The Client is encouraged to inquire about such services if needed, rather than undertaking heavy alterations independently.
All fees for photography and related services are due and payable prior to the release of final Media to the Client. The Photographer will notify the Client when the Media is ready for delivery, typically through an online gallery or download link. No unwatermarked high-resolution Media will be made available for download until payment is received in full. The Client may be provided with low-resolution proofs or watermarked previews at the Photographer's discretion, but these do not confer any usage rights and may not be used publicly.
The grant of any license rights is contingent on full payment. No Media may be used for any purpose, including MLS or marketing, until the invoice is paid in full and the Media is delivered without watermarks. If the Client uses the Media before paying, including uploading watermarked images or screenshots of proofs, such use is not authorized and constitutes a breach of this agreement.
If, as an accommodation, the Photographer delivers the Media before payment, payment shall be due within a maximum of 15 days from the shoot date unless otherwise stated on the invoice. If payment is not received by that time, the Photographer reserves the right to revoke the license and terminate access to the Media.
In such case, the Client must remove and delete all Media from all websites and marketing materials, cease use immediately, and provide confirmation of removal to the Photographer. Late payments may incur interest or late fees at the maximum rate permitted by law, and the Client will be responsible for any collection costs or legal fees incurred by the Photographer in obtaining payment.
As of the effective date of this agreement, Photographer's services, digital photography delivered electronically under a license, are not subject to sales tax in the states of Tennessee and Alabama. In Tennessee, electronically delivered individual digital photographs are not treated as specified digital products, and photographers are generally categorized as providing a service for business tax purposes. In Alabama, photographer service fees, if separately stated, are exempt from gross receipts tax under Act 2017-397.
Therefore, Photographer is not charging sales tax on the invoice for these services. If in the future the tax laws change or a sales/use tax is deemed applicable, the Client agrees to pay any required tax or provide a valid exemption certificate. Any such tax will be stated on the invoice if applicable.
The Photographer will use best efforts to deliver the final edited Media in a timely manner. Standard delivery times are typical targets, not guaranteed deadlines:
If the Client has a specific rush requirement, this must be communicated in advance and may incur a rush fee. The Photographer shall not be held liable for any delay in delivery due to unforeseen circumstances such as inclement weather, equipment failure, power/internet outages, illness, or other events outside the Photographer's control. The Photographer will notify the Client as soon as possible of any such delays and will deliver the Media as soon as reasonably practicable.
Delivery will generally be by electronic means, such as a download link to an online gallery or file-sharing service, or by email. The Media will be provided in standard formats, including JPEG for photos and MP4 for videos, and at high resolution suitable for print and web use. The Client is responsible for downloading and backing up the delivered files upon receipt.
The Photographer is not obligated to archive the Media indefinitely, though a backup is typically kept for a limited time. Upon delivery, it is the Client's responsibility to review the Media and notify the Photographer within 5 business days of any technical issues or errors, such as a file that will not open or an obvious editing mistake. The Photographer's obligation in such case will be to correct any errors or replace defective files. Any other adjustments requested beyond the original shoot and edit scope may incur additional editing fees.
The Client is responsible for preparing the property for the photoshoot or filming. This includes cleaning, organizing, and staging the property's interior and exterior as needed to present it in the best possible manner.
Photographer is not responsible for moving furniture, cleaning rooms, decluttering, landscaping, or any home preparation tasks. Photographer's role is to capture the property as-is. Therefore, the property will be photographed or filmed in the condition it is in at the scheduled shoot time.
If the Photographer arrives and determines that the property is not in a shoot-ready state, including excessive clutter, unclean conditions, or unexpected obstacles that significantly hinder the shoot, the Photographer may, at his or her discretion:
The Client understands that any clutter or undesirable items that remain during the shoot will appear in the final photos or video. Extensive editing, such as digitally removing furniture or cleaning up clutter in post-processing, is not included in the standard shoot fee. If post-processing fixes are requested to address issues that could have been solved by proper preparation, additional editing fees will apply.
If the Client needs to cancel or reschedule an appointment, the Client should provide at least 24 hours notice before the scheduled shoot time. Canceling or rescheduling with more than 24 hours notice will not incur any penalty. Any retainers or booking fees paid can be applied to the new date or refunded, as applicable.
If the Client cancels or significantly reschedules a shoot on the same day as the appointment, meaning less than 24 hours notice, the Photographer reserves the right to charge a late cancellation fee. Typically, a same-day cancellation will incur a fee of up to twenty-five percent (25%) of the scheduled service fee. This fee covers time lost and opportunity cost, as the Photographer likely cannot rebook another job on short notice.
If the Photographer arrives at the property at the scheduled time and is unable to carry out the shoot due to the Client or property not being available or ready, including nobody answering at the property, the Client or owner being late, the property being inaccessible, construction or cleaning still ongoing, or the property condition precluding shooting, this will be treated similarly to a last-minute cancellation. In such case, the Client may be charged up to fifty percent (50%) of the service fee.
The Photographer will make a good-faith attempt to contact the Client and wait a reasonable amount of time on-site, generally up to 15-20 minutes, if access or readiness is an issue. After that, the situation will be deemed a no-show cancellation at Photographer's discretion.
If weather conditions are poor, including heavy rain or storms, and would significantly impact the photography, especially exterior shots or drone photography, either party may reschedule without penalty, preferably with advance notice on the day of the shoot. There is no fee for weather-related rescheduling.
If only mild weather issues exist, such as overcast skies or light rain, and the Client elects to proceed, the Photographer will do their best to shoot under those conditions. If the Client decides to cancel on the spot due to weather against the Photographer's recommendation, such as when it is merely cloudy but the Client wants full sun, the Photographer may count that as a late cancellation if notice was not given until the shoot time.
In the rare event the Photographer must cancel due to emergency, illness, equipment failure, or similar circumstances, the Photographer will notify the Client as soon as possible and either reschedule the shoot at a mutually convenient time or, if rescheduling is impossible, provide a full refund of any fees or deposit already paid for that shoot. Photographer shall not be liable for any further damages beyond refunding the shoot fee in such cases.
If the Client orders a floor plan service, whether as part of a 3D tour or separately, the Client acknowledges and agrees to the following:
All measurements and dimensions shown on any floor plan provided by Photographer are approximate. While professional tools are used and efforts are made to be accurate, sizes and dimensions are deemed reliable but not guaranteed. The floor plan is intended for general informational and marketing purposes only, to give potential buyers a rough layout of the property. It is not a substitute for a professional architectural survey or appraisal.
The Photographer is not a licensed surveyor, architect, or appraiser, and does not hold himself or herself out as an expert in measuring real estate. The service provided is a marketing floor plan, not a certified measurement. Slight discrepancies in square footage or room dimensions may exist. For example, square footage calculations by our system, such as CubiCasa or similar technology, are on average 95-97% accurate but can vary. If precise measurements are critical, the Client or property owner should independently obtain professional measurements.
The Photographer shall not be held responsible or liable for any claim arising from inaccuracies in the floor plan or dimensions. By using the floor plan, the Client agrees to indemnify and hold Photographer harmless from any claims by third parties, such as buyers, related to measurement inaccuracies. The floor plan image itself will typically include a written disclaimer, such as "Measurements were generated by technology and are deemed highly reliable but not guaranteed." The Client agrees not to remove or obscure such disclaimer if the floor plan is distributed.
Due to the custom nature of photography/videography services and digital products, all sales are final once services have been rendered. If the Photographer has performed the shoot and delivered the Media as agreed, there will be no refunds issued for any reason aside from failure to deliver what was promised. Once the Client has received the photos, videos, or other Media, the transaction is considered complete and non-refundable.
This no-refund policy applies even if the Client decides not to use the Media or is dissatisfied with aesthetic aspects, such as a seller not liking how their home appears in photos. The Photographer will make reasonable efforts to accommodate edit requests or correct objective issues within the scope of the original shoot to ensure Client satisfaction. Minor touch-ups or color corrections can be requested shortly after delivery, and Photographer will do his or her best to adjust.
However, "I no longer need the photos" or "I do not like one of the rooms' look" are not grounds for a refund. The Client is hiring the Photographer for his or her style and expertise, and it is expected that the Client has reviewed the portfolio prior to booking and understands the general aesthetic of the work.
If the Photographer fails to deliver the promised Media entirely and is unable to do so, such as due to catastrophic data loss with no reshoot possible, or if a shoot is canceled by the Photographer and cannot be rescheduled, any fees paid for undelivered work will be refunded. This is essentially the only scenario for a refund. Otherwise, once digital files are delivered, the sale is final.
The Client agrees to indemnify, defend, and hold harmless the Photographer, Real Tour 360, and its owners/employees from all claims, liabilities, damages, or expenses, including reasonable attorneys' fees, arising out of the Client's use of the Media or any breach of this agreement by the Client. This includes, but is not limited to, any claims made by third parties, including property owners, buyers, or other agents, related to the use of the Media.
The Client is responsible for obtaining any necessary permissions or releases for property access and for any staging items or individuals appearing in the Media. For instance, if a homeowner or tenant's personal items are shown, or people appear in the photos, it is the Client's duty to ensure the shoot is legally permitted. The Photographer will not be liable for claims of unauthorized use of the property's images if the Client had permission to be there and shoot.
The Client also bears responsibility for ensuring that the content of the Media and the portrayal of the property comply with all applicable advertising laws and regulations, including not misrepresenting property features. The Photographer captures the property and is not responsible for how the Client describes or uses the Media in marketing. If the Client provides any materials, including logos, branding, or text, to be added to the Media, the Client confirms they have the rights to those materials and will indemnify the Photographer against any infringement claims related to those additions.
Under no circumstances shall the Photographer's liability to the Client exceed the amount the Client has paid for the services and Media. In no event shall the Photographer be liable for any indirect, incidental, special, or consequential damages, such as lost sales opportunities, lost profits, or loss of goodwill, arising from the services or deliverables provided, even if the Photographer has been advised of the possibility of such damages. The Client acknowledges that the price of the services reflects this allocation of risk and the limited liability of Photographer.
The only remedy for a material breach by the Photographer, such as non-delivery of Media due to Photographer's sole fault, is either a reshoot or refund of the monies paid for that portion of the services, at Photographer's election. The Photographer is not responsible for any failure or delay in performance caused by circumstances beyond their control, including force majeure events such as extreme weather, natural disasters, illness, or acts of government.
This agreement shall be governed by and interpreted in accordance with the laws of the State of Tennessee, without regard to its conflict of laws principles. The Client agrees that any legal action or proceeding arising out of this agreement shall be brought in the state or federal courts located in the Photographer's principal business county in Tennessee. By doing business with Real Tour 360, the Client consents to the jurisdiction of such courts.
These Terms and Conditions, along with any specific order details or written addenda provided by the Photographer, constitute the entire agreement between the parties regarding the services and deliverables. It supersedes any prior understandings or agreements, oral or written, regarding the subject matter. Any changes or amendments to this agreement must be made in writing and signed or explicitly agreed to by both the Photographer and the Client.
If the Photographer chooses not to enforce any part of this agreement at any time, it does not mean the Photographer waives the right to enforce that part, or any other part, later. A waiver of any term must be explicit and in writing to be effective.
If any provision of these terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be revised only to the extent necessary to make it enforceable, and the remaining provisions of the agreement will remain in full force and effect.
The Client may not assign or transfer their rights or obligations under this agreement to any other party without the Photographer's prior written consent. The Photographer may assign or subcontract obligations, such as sending an associate photographer in their place, with notice to the Client, provided that the quality of work remains consistent with these terms.