Terms of Service

Last updated: August 2026

By booking services, purchasing a media license, downloading licensed Content, or otherwise engaging PDX Real Estate Media ("Photographer"), you ("Client" or "Licensee," as applicable) agree to the following terms. Please read carefully. Booking services, purchasing a license, or downloading licensed Content constitutes acceptance of this agreement in full.

1. COPYRIGHT & LICENSE

Ownership

All photographs, videos, aerial imagery, virtual tours, property websites, floor plans, and other media ("Content") produced by PDX Real Estate Media are the sole intellectual property of Photographer and are protected under U.S. Copyright Law (Title 17, U.S. Code). Copyright is never transferred to Client, Licensee, property owner, or any other party unless expressly agreed to in writing by Photographer.

Listing Media License

Upon receipt of full payment, the commissioning 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 the Content was commissioned.

Permitted uses include:

  • MLS listings, brokerage websites, third-party real estate platforms, and social media
  • Print marketing, including flyers, brochures, and postcards, for the commissioned property
  • Agent and brokerage portfolio and self-promotional use as described below

Upon sale or lease of the property, the commissioning Client and their brokerage may continue to use Content in unaltered form within portfolios, websites, social media, presentations, and other materials that showcase the Client's past real estate work to prospective clients. This portfolio right is permanent and survives expiration of the active-listing marketing license.

Property Owner Personal Use

The property owner or seller is not granted a Listing Media License and does not receive independent commercial or marketing rights to the Content.

The property owner may use and share delivered Content for personal, non-commercial purposes, including personal social media, personal records, and sharing with friends or family.

Personal-use permission does not include use to market, advertise, sell, lease, or promote the property independently; use in connection with a subsequent listing; use to promote a business, product, or service; transfer or licensing of Content to another agent, brokerage, vendor, publication, or other third party; or any other commercial use.

Any additional commercial or marketing use requires a separate license from Photographer.

Commercial Vendor License

When a separate Commercial Vendor License is purchased, the named Licensee is granted a non-exclusive, non-transferable, limited license to use the licensed Content to showcase or promote its own work, products, or services associated with the photographed property.

Permitted uses include:

  • Licensee's business website
  • Licensee's portfolio
  • Organic business social media
  • Other substantially similar unpaid promotional uses approved by Photographer

When Content is shared on social media, Licensee must provide reasonable photographer credit to PDX Real Estate Media where the platform permits attribution.

A Commercial Vendor License does not permit paid advertising, resale, sublicensing, transfer to another person or business, use to market another property, or any use outside the scope of the purchased license unless separately authorized in writing by Photographer.

Unless otherwise specified in writing, a Commercial Vendor License does not expire upon the sale, lease, withdrawal, or expiration of the property's listing and remains valid for its permitted uses.

Third-Party Licensing

Builders, stagers, interior designers, architects, contractors, landscapers, publications, vendors, property managers, and other third parties are not included in the Listing Media License.

Such parties may not use Content to market or promote their businesses, services, products, portfolios, publications, or other commercial interests without obtaining a separate Commercial Vendor License or other written license directly from Photographer.

Client may not grant permission on Photographer's behalf or transfer Content to a third party for the purpose of providing that party with independent usage rights.

Restrictions

Except as expressly permitted under the applicable license, Client or Licensee may not:

  • Sell, sublicense, transfer, distribute, or otherwise provide Content to a third party for that party's independent use without prior written permission from Photographer
  • Materially alter Content in a manner that misrepresents the property, including removing or adding structural features or other material property characteristics
  • Use Content in connection with any property other than the property for which the Content was originally created or separately licensed
  • Strip, obscure, or remove embedded metadata or required attribution
  • Represent or imply ownership or authorship of the Content

Basic cropping and resizing for platform requirements are permitted.

Listing Media License Term

The Listing Media License for active property marketing remains in effect while the property is actively listed for sale or lease.

Once the property is sold, leased, withdrawn, expired, or otherwise removed from active marketing, the active-listing marketing license terminates.

Any subsequent re-listing requires a new license, including a re-listing by the original Client, a different agent, or a different brokerage.

The agent and brokerage portfolio rights described above survive expiration of the active-listing marketing license.

Attribution

When practical, Clients are encouraged to credit "Photography by PDX Real Estate Media."

Commercial Vendor Licensees must provide reasonable photographer credit when sharing Content on social media where the platform permits attribution.

2. CLIENT REPRESENTATIONS & AUTHORITY

By booking services, Client represents and warrants that:

  • Client has authority to commission photography or other media services for 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 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, staged, and photo-ready at the scheduled appointment time. Photographer is not responsible for cleaning, decluttering, moving furniture, staging, or otherwise preparing the property for photography.

If, upon arrival, the property is inaccessible or not reasonably ready to photograph — including, but not limited to, lockbox/access issues, cleaning or staging in progress, pets or other animals on-site, contractors present, or other preparation issues — Photographer may, at Photographer's sole discretion, either:

  • Assess a $150 Non-Ready Fee and require the appointment to be rescheduled; or
  • Proceed with the shoot, with additional editing or retouching made necessary by the property's condition billed in accordance with the Advanced Editing & Retouching policy.

PDX Real Estate Media is not responsible for correcting issues resulting from a property that was not photo-ready at the scheduled appointment time.

Client-Requested Reshoots

Reshoots requested due to factors within Client's or Seller's control — including staging changes, dissatisfaction with property cleanliness, requests for angles not specified during the original shoot, or requests for changes after delivery that require returning to the property — 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 image processing — including color correction, exposure adjustment, perspective and vertical correction, lens correction, HDR blending, and general image optimization — is included with every photography service.

If a delivered image contains a technical error resulting from our editing process, we will correct it at no additional charge.

Client-requested edits or alterations beyond the delivered images — including, but not limited to, object removal, digital cleaning, furniture or décor manipulation, compositing, mirror or TV screen replacements, virtual staging, virtual twilight, lawn greening, sky replacement, extensive blemish removal, or other digital alterations — are considered advanced retouching and are billed at $25 per image, with a $50 minimum retouching charge per request.

Pricing will be confirmed prior to work being performed.

Video Revision Policy

If a delivered video contains a factual or technical error resulting from our editing process, PDX Real Estate Media will correct the issue at no additional charge. Examples include incorrect property addresses, title card errors, missing agreed-upon branding, or footage inadvertently included from another property.

Requests for corrections must be submitted in writing within five (5) business days of delivery.

Requests involving creative preference or changes beyond the original scope of work are not included and will be quoted separately. This includes, but is not limited to:

  • Music selection changes
  • Pacing, sequencing, or stylistic adjustments
  • Color grading changes based on personal preference
  • Requests to add, remove, or replace footage after delivery
  • Re-edits requiring substantial restructuring of the completed video
  • Changes requiring a return visit to the property

PDX Real Estate Media retains full creative discretion over editing style, pacing, transitions, music selection, color grading, and overall creative direction. 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 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 PDX Real Estate Media prior to booking

Unless Client notifies Photographer in writing of a technical error within five (5) business days of delivery, the delivered media shall be deemed accepted.

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 and Licensees 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.

Additional services requested after delivery, including advanced retouching, video revisions, reshoots, or return visits, will be invoiced separately and are due upon receipt unless otherwise agreed in writing.

Separately purchased media licenses, including Commercial Vendor Licenses, are due upon receipt. No license or usage rights are granted until the applicable license fee has been paid 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 or Licensee agrees to contact PDX Real Estate Media directly to resolve 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, such as an appraisal, tax record, or measured floor plan, must be provided within five (5) business days of the adjusted invoice.

6. LIABILITY & LIMITATION

MLS, Platform & Compliance Responsibility

Client is responsible for reviewing delivered media before publication and for ensuring that any photos, videos, tours, property websites, captions, remarks, links, or other materials submitted to the MLS, RMLS, brokerage systems, advertising platforms, or third-party websites comply with applicable rules and requirements.

PDX Real Estate Media may provide both branded and unbranded versions of certain materials. Client is responsible for selecting the appropriate version for each use, including using unbranded versions where required by MLS or platform rules.

PDX Real Estate Media is not responsible for MLS notices, compliance warnings, fines, sanctions, listing delays, or removals resulting from Client's selection, upload, publication, or use of delivered materials, except to the extent caused solely by an error by PDX Real Estate Media.

Limitation of Liability

Photographer's total liability to Client or Licensee for any claim arising out of or related to services, Content, or licenses provided under this agreement shall not exceed the total fees paid by Client or Licensee for the specific service or license giving rise to the claim.

In no event shall Photographer be liable for incidental, consequential, special, or indirect damages, including but not limited to lost sales, marketing delays, lost profits, or lost business opportunities.

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 or Licensee agrees to indemnify, defend, and hold harmless PDX Real Estate Media and its principals from claims, damages, losses, or expenses, including reasonable attorneys' fees, arising from:

  • Client's or Licensee's misuse or unauthorized use of Content
  • Client's or Licensee's breach of any representation, warranty, or obligation under 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: These Terms, together with any applicable Media License Agreement, booking terms, invoice, or written license issued by PDX Real Estate Media, constitute the agreement between the parties regarding the applicable services and licensed Content and supersede prior discussions or representations concerning the same subject matter.
  • 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 or purchase of licenses 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, purchasing a media license, or downloading licensed Content from PDX Real Estate Media, Client or Licensee acknowledges reading and accepting these Terms of Service in their entirety.