Texas Takes Real Estate Photography Terms & Conditions

As of: October 14, 2022

Rights and Usage: Texas Takes Real Estate Photography (the Photographer) is the exclusive copyright holder of any photos, videos, or other media created. The Photographer is permitted to reproduce and distribute the Photos of the Property, with the sole purpose of promoting their own business. The Photographer is not permitted to give or sell the photos to other parties or distribute them through stock photography channels without first obtaining written consent by the home/property owner. The original purchasing Client 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. Neither the purchasing Client, nor the MLS, own the copyright to the Photos or other media created by Texas Takes Real Estate Photography. The purchasing Client may share the provided media with only their Clients (the homeowner/seller) for them to post online for marketing and keepsake purposes as well. This licensing agreement for the purchasing Client is valid only for the duration that the home/property is listed for sale and cannot be reused without specific written permission from Texas Takes Real Estate Photography, or unless additional license is purchased. The Client may continue to use the photos for personal business marketing and branding (personal website, social media, and electronic advertisements) as a courtesy from Texas Takes Real Estate Photography. However, Texas Takes Real Estate Photography must be made aware, credited, and compensated for any printed publication not owned by the Client prior to use (i.e., print/online magazine, commercial, real estate website, etc.). The photos can't be reproduced by a third party for purposes not related to promotion of the Property. 

Third Parties: 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 Texas Takes Real Estate Photography. The original Client does not have authorization to sell, transfer, copy, or give away any media for any reason to any third party without prior written consent from Texas Takes Real Estate Photography. 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 Texas Takes Real Estate Photography for a canceled, expired, or sold listing. Only Agents and/or Clients that purchase a non-exclusive licensing agreement with Texas Takes Real Estate Photography can use any media created. 

Editing: The Client may not make any digital alterations or edits to any media without written permission from Texas Takes Real Estate Photography. 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 purchasing Client's responsibility and Texas Takes Real Estate Photography cannot be held responsible. This includes, but is not limited to, grass greening, landscaping, sky replacements, fire in an inoperable fireplace, and lightbulbs that do not work. Texas Takes Real Estate Photography will not edit another Photographer's media. If an advanced object removal edit is requested, an additional fee of $15 per object will be applied. If requested, Texas Takes Real Estate Photography will add property boundary outlines in aerial photos, free of charge. However, the Clients understand and agree that Texas Takes Real Estate Photography is not a licensed surveyor, added boundary lines do not represent a survey, and outlines are for illustration purposes only. Additionally, the Clients agree that Texas Takes Real Estate Photography will not be held liable for any misrepresentation of outlined boundaries. Once initial video media is delivered, the Client is authorized two additional edits free of charge. The Client will incur a Video Editing Fee of $20 per additional edit request beyond the initial and two free edits. 

Home Preparation: The purchasing Client, to include the home/property owner, is responsible for the adequate preparation (cleaning and staging) of the property. The free Home Preparation Checklist to assist in preparing the property for the best results is provided on the Texas Takes Real Estate Photography website. It's the purchasing Client's obligation to prepare the Property prior to the service scheduled time. In no event will the Photographer be liable for inadequate presentation. In the case the property is not ready at the scheduled start time, the Photographer has the right to refuse to shoot, or shoot the property in its actual conditions. If the home is not adequately prepared, a Home Unprepared fee of $50 will be applied. If the Photographer chooses to refuse to shoot, a Cancellation fee of $50 and Home Unprepared fee of $50 will both be applied. Texas Takes Real Estate Photography is not responsible for staging, cleaning, de-cluttering, or landscaping. At the discretion of Texas Takes Real Estate Photography, the Photographer will help with light staging such as, slight decor adjustments, cleaning, or de-cluttering, but will not be guaranteed. 

Cancellation Rescheduling Policy: If cancellation or rescheduling is necessary, please do so with a minimum of a 24-hour notice. Any shoot canceled within 24 hours of a booked appointment is subject to a $50 Cancellation Fee. The cancellation fee will not apply if due to inclement weather. The Photographer will not expose their equipment to the elements in order to prevent risk of damage. If rain projection is 70% or higher, Texas Takes Real Estate Photography recommends to reschedule. If access to the property is not provided upon arrival, appointment will be canceled and cancellation fee will apply. By scheduling a shoot, you affirm that the property is ready or will be ready for photos to be taken at the scheduled time. If the Photographer must return to a property for any reason in which it is not our fault, a $50 Return fee will be applied. A Return fee due to weather will not apply. 

Travel Fee: There is no travel fee for properties located within 40 miles (road distance) of Photographer's home location within Mansfield, TX 76063. Maximum distance Texas Takes Real Estate Photography will travel is up to 90 miles (road distance) from Mansfield, TX 76063. Any properties located within 40-60 miles (road distance) will be subject to a $50 travel fee. A $25 travel fee for every additional 30 miles over a 60-mile distance will be applied. Special consideration may be made for servicing properties in excess of 90 miles, however a half or full day rate may apply. 

Media Delivery and Storage: For most standard shoots, Texas Takes Real Estate Photography typically has a 24-48 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 48-72 hours. Video services may take up to 72 hours. Clients can receive a preview before final product and payment if requested. A low-resolution and watermarked version can be sent for review. Final products will be delivered to Clients through HDPhotoHub download link; login account required. Photos will be delivered as a JPEG format at 300 DPI (print quality). Texas Takes Real Estate Photography will maintain a backup of photos/video and provide access to the final images for up to 90 days after the photos are delivered to the Client. After 90 days, Texas Takes Real Estate Photography 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. After 30 days, Texas Takes Real Estate Photography cannot guarantee a working/editable video file will still be available, which case the video would need to be completed recreated if edits are request. A Video Recreation Fee of $50 will be invoiced to Client. 

Payments: All payments will be processed using the online invoice and credit card service, "Stripe" through your HDPhotoHub account. Payment is expected at the time of delivery/download for any media to the Client. Final products cannot be downloaded until payment is made in full. Any services that have been provided at the listing property must be paid for regardless of listing becoming expired, withdrawn, canceled, or under contract. Payment is nonrefundable once services have been conducted on site. Invoice must be paid within 30 days upon completion and delivery of download link. If payment is not made within 30 days, a Late Payment Fee of 10% of the invoice amount will be applied. The amount of the 10% Late Payment Fee will be applied every additional 30 days beyond the initial 30-day grace period. Client will not be able to book another appointment with Texas Takes Real Estate Photography until any previous overdue payments are made. After 60 days of overdue payment, Texas Takes Real Estate Photography may contact the Client's Broker. If the Broker is the Client, Texas Takes Real Estate Photography may contact that Broker's local Realtor Association. 

By booking any services with Texas Takes Real Estate Photography 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 Texas Takes Real Estate Photography. Lastly, by agreeing to these terms and conditions you (the Client) acknowledge this applies to all future appointments scheduled with Texas Takes Real Estate Photography.