Terms of Service

Last updated: April 2026

By booking services with PDX Real Estate Media ("Photographer"), you ("Client") agree to the following terms. Please read carefully — booking constitutes acceptance of this agreement in full.

1. Copyright & License

Ownership
All photographs, videos, aerial imagery, virtual tours, and other media (201cContent201d) produced by PDX Real Estate Media are the sole property of the Photographer and are protected under U.S. Copyright Law (Title 17, U.S. Code). Copyright is never transferred to the Client.

License Grant
Upon receipt of full payment, Client and their brokerage are granted a non-exclusive, non-transferable, limited license to use the Content solely for marketing and promotional purposes directly related to the sale or lease of the specific property for which it was commissioned.

Permitted Uses

  • MLS listings, brokerage websites, third-party real estate platforms, and social media

  • Print marketing (flyers, brochures, postcards) for the commissioned property

  • Agent portfolio and self-promotion use: upon sale or lease of the property, Client may use Content in unaltered form to showcase past work to prospective clients. This portfolio right is granted as a permanent, limited license and is not subject to the license expiration clause below.

Restrictions
Client may not:

  • Sell, sublicense, or transfer Content to third parties without prior written permission from Photographer

  • Alter Content in a way that misrepresents the property (basic cropping and resizing are permitted)

  • Use Content to market any property other than the one specified in the original booking

  • Strip, obscure, or remove any embedded metadata or attribution

Third-Party Licensing
Builders, stagers, interior designers, architects, or any other party who wishes to use Content for their own promotional purposes must obtain a separate license directly from Photographer. Please contact us to request a third-party license.

License Term
The marketing license remains in effect while the property is actively listed for sale or lease. Once the property is sold, leased, withdrawn, or otherwise removed from active marketing, the marketing license expires. The portfolio license described above survives expiration and is not affected by this clause.

Attribution
When practical, Client is encouraged to credit "Photography by PDX Real Estate Media."

2. CLIENT REPRESENTATIONS & AUTHORITY

By booking services, Client represents and warrants that:

  • Client has authority to commission photography of the subject property

  • Client has obtained, or will obtain prior to the shoot, any consents or authorizations required from property owners, occupants, or tenants

  • Client will indemnify and hold harmless Photographer against any claims arising from Client's failure to secure such authorizations

3. SCHEDULING, CANCELLATIONS & RESHOOTS

Cancellations & Rescheduling
Cancellations or rescheduling requests made less than 24 hours before the scheduled appointment are subject to a $75 Late Cancellation Fee.

Property Readiness & Lockouts
Client is responsible for ensuring the property is accessible, clean, and photo-ready at the scheduled time. Photographer is not responsible for cleaning, decluttering, or moving furniture. If, upon arrival, the property is inaccessible (e.g., lockbox failure, no key provided) or is not ready to be photographed (e.g., cleaning or staging in progress, pets on-site, contractors present) — as determined at the sole discretion of the Photographer — a $150 Non-Ready Fee will be assessed and the session must be rescheduled.

Client-Requested Reshoots
Reshoots requested due to factors within Client's or Seller's control — including staging changes, dissatisfaction with property cleanliness, or requests for angles not specified during the original shoot — will be billed at a $150 Reshoot Fee, which covers return travel and up to five (5) updated images. Full-property reshoots will be billed at the standard service rate for the applicable package.

Advanced Editing & Retouching
Standard editing (color correction, exposure adjustment, and vertical alignment) is included in the base service fee. Additional editing outside the scope of the original agreement — including but not limited to object removal, virtual staging, digital cleaning, lawn greening, or sky replacement — will be quoted and billed separately on a per-image basis.

Video Revision Policy
Cinematic video productions include one (1) round of revisions limited to factual corrections — including incorrect property address, title card errors, or inclusion of footage from the wrong property. Revisions must be submitted in writing within 5 business days of delivery.

The following are not included in the standard revision scope and will be quoted separately:

  • Music selection changes

  • Pacing, sequencing, or stylistic adjustments

  • Color grade changes based on subjective preference

  • Re-edits requiring substantial restructuring of the delivered video

  • Any changes requiring a return to the property

PDX Real Estate Media exercises full creative discretion over music selection, editing style, pacing, and color treatment. Clients with specific stylistic preferences are encouraged to communicate them prior to or at the time of booking.

Weather & Return Trips
PDX Real Estate Media reserves the right to reschedule any shoot, including aerial/drone sessions, due to hazardous weather conditions, active FAA Temporary Flight Restrictions (TFRs), or other conditions that, in the Photographer's sole discretion, make completion of the work unsafe or impractical. If Client requests that interior photography proceed during inclement weather and requires a separate return visit for exterior or aerial work, a $150 Return Trip Fee will apply.

4. Delivery Timeline

Delivery timelines below are measured in business days from the date of the shoot, provided that payment has been received or a billing account is in good standing. Timelines may vary due to weather, shoot scope, or scheduling constraints.

  • Photography: Within 1 business day

  • Aerial photography: Within 1 business day

  • Zillow 3D tours: Within 1 business day

  • Twilight Photography: Within 2 business days

  • Matterport tours: Within 3 business days

  • Videography: Within 3 business days

  • Rush delivery: Available upon request for an additional fee — contact us prior to booking

File Retention
Photographer retains final delivered files for a period of thirty (30) days following delivery. After that period, Photographer has no obligation to maintain or re-deliver files. Clients are encouraged to download and back up all delivered Content promptly.

5. Payment Terms

Payment is due upon delivery of final media unless otherwise agreed to in writing prior to the shoot. Photographer reserves the right to withhold delivery of Content until payment is received in full.

  • Late payments: accounts unpaid after 14 days of delivery are subject to a 1.5% monthly finance charge (18% APR). Client acknowledges this charge as reasonable and agrees to it as a condition of service.

  • Returned/failed payments: a $35 returned payment fee applies to any payment returned for insufficient funds or failed ACH/credit transactions.

  • Disputed charges: Client agrees to contact PDX Real Estate Media directly to resolve any billing questions before initiating a chargeback or payment dispute with their financial institution.

  • Square Footage Verification & Price Adjustments: Service pricing is determined by the square footage entered by Client on the booking form. Client is responsible for entering accurate square footage based on tax records, prior appraisals, or other reliable sources.

    If actual square footage exceeds the amount entered at booking, Photographer reserves the right to adjust the invoice to the correct pricing tier. Adjustments will be itemized on the final invoice. Proceeding with the session does not constitute acceptance of the figure entered.

    If Client disputes an adjustment, supporting documentation (e.g., appraisal, tax record, or measured floor plan) must be provided within 5 business days of the adjusted invoice.

6. LIABILITY & LIMITATION

Limitation of Liability
Photographer's total liability to Client for any claim arising out of or related to services provided under this agreement shall not exceed the total fees paid by Client for the specific shoot in question. In no event shall Photographer be liable for incidental, consequential, or indirect damages, including but not limited to lost sales, marketing delays, or lost profits.

Force Majeure
Photographer is not responsible for delays or inability to perform due to events beyond reasonable control, including but not limited to weather conditions, FAA airspace restrictions, power outages, equipment failure, illness, or third-party platform outages.

Indemnification
Client agrees to indemnify, defend, and hold harmless PDX Real Estate Media and its principals from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) Client's misuse or unauthorized use of Content; (b) Client's breach of any representation or warranty in this agreement.

7. DISPUTE RESOLUTION & GOVERNING LAW

This agreement is governed by the laws of the State of Oregon, without regard to its conflict-of-law principles. The parties agree to attempt to resolve any dispute informally by contacting PDX Real Estate Media directly. If informal resolution is unsuccessful, disputes shall be submitted to binding arbitration in Multnomah County, Oregon, under the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights.

8. GENERAL PROVISIONS

  • Entire Agreement: This document constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior discussions or representations.

  • Severability: If any provision of this agreement is found unenforceable, the remaining provisions continue in full force and effect.

  • Modification: Photographer reserves the right to update these terms. Continued use of services following notice of updated terms constitutes acceptance.

  • No Waiver: Failure to enforce any provision of this agreement shall not constitute a waiver of future enforcement rights.

By booking services with PDX Real Estate Media, Client acknowledges reading and accepting these Terms of Service in their entirety.