Terms & Conditions
Copyright Notice: Immersive Media Solutions (the Photographer) is the exclusive copyright holder of any photos, videos, or other media created.
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 perpetually on any electronic or printed form of advertisement for the promotion of the property shot.
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 is strictly prohibited unless prior written approval is given by Immersive Media Solutions. 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 Immersive Media Solutions. This includes Agents or Brokerages who take over an expired, withdrawn, or canceled listing.
Any services request to edit images or any other media, which may mislead or deceive consumers in any way, is the Client’s responsibility, and Immersive Media Solutions cannot be held responsible.
“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. Immersive Media Solutions 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.
Expectations of Clients: Clients are expected to have the property cleaned and staged 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. Immersive Media Solutions is not responsible for staging, cleaning, de-cluttering, or landscaping. At the discretion of Immersive Media Solutions, we will gladly help with light staging, cleaning, or de-cluttering, but will not be guaranteed. The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographer’s interpretation of the project. If a Client or Client’s representative is not present, the Photographer’s 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. Absent your input, the Photographer will use his/her best judgment and experience to decide how best to photograph the property.
Cancellations: We NEVER charge cancellation or rescheduling fees. We know that things happen.
Photo Guarantee: Immersive Media Solutions 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, Immersive Media Solutions will work closely with the Client to correct the issues with the media. 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 de-cluttering, re-staging, additional photos not specifically requested prior to/at the shoot, or other aspects that are not directly the fault of Immersive Media Solutions, it may be a return/re-shoot fee, 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.) Should the Client still be not fully satisfied with the photos, Immersive Media Solutions will issue a full refund to the Client, if requested, within seven (7) days of delivery, as long as the listing is not under contract. If a full refund is issued; the Client will have no licensing rights to the media and will delete and discontinue the use of any of the photos taken. The Client understands that Immersive Media Solutions may and will take legal action for any copyright infringement.
Delivery of Media and Storage: For most standard shoots, Immersive Media Solutions has a 24-hour to 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 72 hours. Video services may take up to 7 days.
No tangible personal property is transferred to the customer. All media is downloaded by the customer from our automatic system.
Immersive Media Solutions will also maintain a photo backup and provide access to the final images for up to 120 days after the photos are delivered to the Client through the Client Portal or download link. After 120 days, Immersive Media Solutions 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. Matterport virtual tours will be active for 6 months or after the property has sold, whichever comes first. If you’d like to extend the time for a listing to be active you can do so at a rate of $95 per additional 6 months.
Right to Refuse: Immersive Media Solutions reserves the right to refuse service at any time for any reason. At any time, Immersive Media Solutions can terminate the relationship with or fire a Client for overdue invoices, poor communication, unreasonable requests, or bad attitudes.
Aerial/Drone Services: All drone services are regulated by the FAA (Federal Aviation Administration) and must follow all rules and regulations. All properties within 5 miles 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. Any Aerial/Drone services that are not conducted due to issues with authorization, wind, or weather will be fully refunded or removed from the final invoice.
Payments: All payments made on our website will be processed using Quickbooks Payment Services. Payment is expected at the time of delivery for any media to the Client unless other arrangements have been made prior to the appointment. In some cases, payment may be required before appointments will be scheduled (may affect new Clients or those with a history of outstanding invoices).
By booking any services with Immersive Media Solutions you are agreeing to be bound by these terms and conditions. You are also acknowledging that such an agreement constitutes a binding contract between you and Immersive Media Solutions.
***ALL TERMS & CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE***