The following Terms and Conditions apply to real estate agents, salespersons, and/or brokers purchasing Media. Commercial uses, including use by builders (except as outlined below), contractors, manufacturers, distributors, retailers, etc, or any use to promote or market a product or service (other than use by the purchasing real estate agent, broker, or salesperson to promote their services as a real estate agent) shall be licensed in writing with terms defined on an individual case by case basis. Please note that ALL real estate products and services available for online booking are licensed in accordance with these Terms with the exception of licensing related to Builder Photography as outlined separately below. This includes but is not limited to Value Bundle, Zillow Bundle, Premium Bundle, Listing Photography, Twilight Exteriors, Daylight Exteriors, Zillow 3D Home Tour, Matterport Virtual Tour, Video Highlight Reel, Agent Guided Tour Video, Aerial Photography, and Aerial Photography & Video.
License / Useage.
RealMedia.SB retains all copyright and ownership of any Media (“Media” herein referring to digital files or links containing or displaying videos, photographs, and/or virtual tours, etc.) created by RealMedia.SB, it’s employees, subcontractors, and/or agents acting on behalf of RealMedia.SB, and any subsequent media derived from those original works.
A non-exclusive limited License is granted upon delivery of Media or payment of associated invoice in full, whichever occurs later. This License can not be transferred, assigned, or sub-licensed to anyone without written permission of the owner and copyright holder / RealMedia.SB. Please note that use of our Media to sell products or services featured in the Media (such as use by home builders or remodeling companies, for rental purposes, to sell fixtures or workmanship, to sell services, etc.) is NOT granted under this License and such usage rights are NEVER granted when booking any service on this site unless otherwise agreed upon in writing and additional licensing fees are collected when applicable.
This License grants you Rights which permit you use our Media for purposes related to the marketing of the property and/or home featured in the Media, including use on Multiple Listing Services (MLS) and includes syndication through MLS associated feeds including IDX and RETS. This also includes use on sites that receive data through these feeds such as Zillow and Realtor.com, when used for that purpose. These Rights also include use by you to market your services as an individual real estate agent, broker, or salesperson in perpetuity and without expiration. Note that this does not include use by parent companies or brokerages for any purposes not directly related to the sale of the property and/or home featured in the Media unless otherwise agreed upon in writing, which may require payment of an additional licensing fee.
If anyone requests the use of the Media or the transfer of your Rights to our Media, you agree to refer them to RealMedia.SB. If we agree to allow others to use our Media, an additional licensing fee may be required and any such additional use shall be fully at the discretion of RealMedia.SB. Please note that as the author and sole copyright holder of all works produced by RealMedia.SB, any additional use or licensing to third parties is at the sole discretion of RealMedia.SB.
These Rights shall be immediately and voluntarily terminated by the licensee if, for any reason, our photographs are altered, edited, or retouched by the licensee or by any third party. This includes edits performed in order to misrepresent the condition of a property and/or hide or remove the appearance of a material defect of the property. This also includes edits to alter the aesthetic appearance of a photograph including color, brightness/exposure, contrast, etc. This further includes object removal, sky replacement, daylight to twilight conversion, virtual staging, etc. If additional edits are desired, licensee agrees such edits are to be performed or facilitated by RealMedia.SB unless a written authorization is granted by RealMedia.SB. The photos we produce are our brand and we take great pains to ensure a quality product of the highest professional standards. Please don’t use our photographs to misrepresent material defects or condition issues of a property you are selling or degrade our product and brand with third party edits or self editing.
License / Useage (Builder Photography).
RealMedia.SB retains all copyright and ownership of any Media (“Media” herein referring to digital files or links containing or displaying videos, photographs, and/or virtual tours, etc.) created by RealMedia.SB, it’s employees, subcontractors, and/or agents acting on behalf of RealMedia.SB, and any subsequent media derived from those original works.
A non-exclusive limited License is granted upon delivery of Media or payment of associated invoice in full, whichever occurs later. This License can not be transferred, assigned, or sub-licensed to anyone without written permission of the owner and copyright holder / RealMedia.SB. Please note that use of our Media to sell products or services of any third party featured in the Media (such as use by vendors, subcontractors, retailers, distributors, etc.) is NOT granted under this License and such usage rights are NEVER granted when booking any service on this site unless otherwise agreed upon in writing and additional licensing fees are collected when applicable.
This License grants you Rights in perpetuity which permit you to use our Media for commercial advertising and/or portfolio purposes related to the sale of residential home building, residential home design, or residential home remodeling services by your company only and may not be transferred, assigned or sublicensed.
RealMedia.SB reserves the right to charge additional licensing fees above and beyond our posted prices for Builder/Commercial photography based upon the intended use and other factors as deemed relevant by RealMedia.SB. Purchaser shall be notified of any additional licensing fees prior to the date of media capture and if additional licensing fees are refused, any amount paid shall be refunded in full and no media capture shall take place.
If anyone requests the use of the Media or the transfer of your Rights to our Media, you agree to refer them to RealMedia.SB. If we agree to allow others to use our Media, an additional licensing fee may be required and any such additional use shall be fully at the discretion of RealMedia.SB. Please note that as the sole copyright holder, any additional use or licensing to third parties is at the sole discretion of RealMedia.SB.
Mileage Charge.
Normal service area is within 25 miles of South Bend, Indiana. For locations outside of this area, a mileage charge of $0.75/mile from the door of our headquarters door to the door of the property will be invoiced to cover the expense, time, and opportunity cost involved in travel. Bookings for properties outside of this service area must be confirmed by phone/text/email prior to booking to be valid and RealMedia.SB retains the right to accept or decline appointments outside of this service area. Any refunds for appointments outside of this normal service area booked online without prior confirmation will be less any processing fees incurred by RealMedia.SB on both the initial payment and refund of payment with an additional $25.00 convenience fee for the time I must invest in remedying the situation. Please follow the directions which are clearly posted on the booking page. Travel greater than 100 miles, a day shall be billed at a daily rate in increments of no less than one half day. Please inquire directly as to our current daily rate.
Payments and Booking.
Payment for real estate shoots shall be made using the payment portal on this website at the time of booking, which shall be made using the appointment booking function on this website. If circumstances dictate that a booking is made by other means, RealMedia.SB, LLC reserves the right to require payment prior to file delivery. In the event that online payment is not an option and invoicing is mutually agreed upon by both parties, all invoices shall be due within 14 days of the date of media capture. All invoices not paid within 14 days shall incur a late payment penalty upon the 15th day. The amount of the late payment fee shall be 15% or $50.00, whichever is lesser, and the same shall accrue every 30 days until payment is received. We have put great effort into creating easy to use online systems for booking and payment to better facilitate the needs of our clients in an immediate and simple manner. These systems also ensure that our time and energy can be devoted to producing quality media for our clients rather than managing appointments, invoicing, and chasing payments, activities that are not part of our regular operating model for listing photography. When these online systems are not used it places an unnecessary burden on our time and resources. Please be respectful of our time and resources and book your appointments online.
Cancellation & Refund Policy.
RealMedia.SB requires a minimum of 24 hours for cancellation or change of media capture date or time. Failure to provide 24 hours notice will result in a cancellation charge of $79.00 or the entirety of the invoiced amount, whichever is less. When appointments are cancelled with less than 24 hours notice we have already made arrangements for the appointment, and are left with insufficient time to re-book that time slot, have often spent time in preparation for the shoot, have already incurred payment processing fees, and would incur additional processing fees on the return, all of which costs our valuable time and costs the business revenue. If last minute situations arise, please call or text as soon as possible so that, whenever possible, we can work out a mutually beneficial alternative solution. Please honor your appointments.
Once Media is delivered it can not be refunded. We have already spent time in transit to the property, spent time capturing the Media, and spent time processing and editing the Media – none of which can be given back to us retroactively if you decide you don’t want the Media after the fact. Once you are in possession of the Media we have no means of telling whether or not you have used it in any manner or for any purpose or will at any future time use it.
In the event that there are significant defects in delivered Media that would cause it to be inconsistent with the quality of work in our portfolio, or generally accepted industry standards, photographic Media only may be reprocessed one (1) time free of charge within seven (7) days of the original appointment date when applicable. Please note that for certain types of Media no post-processing is possible and in such cases no reprocessing shall be offered. If there are still significant defects present in the delivered Media after reprocessing, one (1) reshoot will be offered free of charge within fourteen (14) days of the original appointment date. Note that this is dependent on a quantifiable defect that would cause delivered Media to be inconsistent with the quality of similar Media in our portfolio, or generally accepted industry standards, the determination of which shall be made at the sole discretion of RealMedia.SB. Note that this does not encompass minor defects or color inconsistencies, condition, cleanliness, or preparedness of property. This also does not encompass environmental issues due to factors outside of my control such as presence/lack of sunlight, window views, etc (see inclimate weather section below). For shoots where media has been delivered no refund shall be issued, except as noted elsewhere in these Terms.
Video products shall not be reprocessed, re-cut, re-sountracked or re-edited once delivered. If there are specific requirements regarding video media they must be agreed upon in writing by both parties prior to the scheduled appointment date. Any additional edits or revisions of any sort for video products shall be charged to the original purchaser at a rate of not less than $50 per additional edit.
Appointment Times / Property Access.
Although we make every attempt to be on time to each appointment, the nature of on-site media capture as well as the possibility of unforeseen circumstances may prevent prompt arrival at the scheduled appointment time. Please allow for actual appointments to begin starting at 30 minutes prior to the scheduled time to as much as 30 minutes after the scheduled appointment time. Any appointment durations listed on this site are estimates only. RealMedia.SB may require access to a property for up to 2 hours for photographs and up to 3.5 hours for appointments including video and/or virtual tours or builder photography, beginning at the actual arrival time. If we arrive to an occupied property more than 30 minutes after the scheduled time, it is at the discretion of the agent and/or homeowner whether to grant access to the property and a full refund will be issued if access is not granted. If we arrive within the 30 minute post-scheduled time window and are denied access to the property, no refund shall be issued and no Media will be captured and/or delivered. If under any circumstance we are not allowed the full 2 hours/3.5 hours to complete Media capture as listed above, whatever portion of Media we are able to capture in the amount of time we have been given access to the property shall be delivered and no refund or proration shall be issued. If we are unable to access the property due to incomplete or inaccurate information provided at the time of booking no refund shall be issued. Yes media capture takes us longer than some other run and gun real estate photographers but that is due to the attention to detail and precision imaging techniques that we pride ourselves on, which is likely why you have chosen RealMedia.SB as your service provider.
Please ensure that properties are well prepared for Media capture prior to our arrival. If the property is still being prepared upon our arrival, we will wait as necessary, but will not remain at a property longer than 90 minutes after the start of the scheduled appointment time. RealMedia.SB does not style, clean, or stage properties. In the event that a property is unprepared, we are asked by the agent, their assign, or the homeowner to wait before starting capture and are unable to finish in this time window because of late preparation, whatever portion of Media we are able to capture in the amount of time we are given free access to the property shall be delivered and no refund or proration shall be issued. Please understand that we likely have an appointment following your time slot who should not be negatively impacted by your lack of proper preparation. You may always book a subsequent shoot when as necessary when the property is fully prepared and we make every effort to address these subsequent shoots in a manner that is equitable to all parties involved.
Inclimate Weather.
As the majority of our media capture takes place indoors, inclimate weather typically only affects a small portion of the media produced for any given appointment. RealMedia.SB will arrive and capture Media in the time window as specified in the above section. If weather conditions exist that are deemed to prevent the safe use of equipment used in the creation of Media, RealMedia.SB will schedule one return trip within 7 days of the original appointment at no cost. Such determination of the suitability of weather conditions shall be made at the sole discretion of RealMedia.SB. In the event that weather conditions during the scheduled return trip prevent the capture of Media, and no Media delivery has taken place then a full refund shall be issued. If any portion of Media has been delivered, a partial refund of 50% of the invoiced amount, or the balance of the invoiced amount less a minimum photo shoot charge of $149, whichever is greater, will be issued. A shoot shall be deemed to be incomplete if fewer than two (2) exterior images of the property and twelve (12) interior images of the property are delivered.
When you book an appointment for a specific time window, it is for that time window and the property will be shot as is, where is. If weather conditions during that time are deemed by RealMedia.SB to allow for the safe operation of the equipment used in the creation of Media, then Media capture will take place. RealMedia.SB can not be responsible for visibility, sunlight or lack thereof, shadows, rain, snow, or any other weather-related condition that may be visible in or affect the appearance or perceived quality of Media. Any reshoots requested due to weather related or environmental factors shall be at the standard rates posted on this site.
Retouching or Modification of Media.
Yes we can Photoshop that. But doing so also takes time, may require outsourcing to our curated network of high-quality third party editors, and/or additional costs, so in-depth editing such as significant retouching, object removal, etc. are intentionally unlisted services that we charge for. For real estate shoots to be used in MLS, no editing or retouching services will be provided by RealMedia.SB which would limit or remove the appearance of a material defect in the property or willfully misrepresent the condition of the property. When our virtual staging services are employed, RealMedia.SB reserves the right to include text on delivered photos that indicates virtual staging has been employed, as such edits may hide or obscure the appearance of a material defect in the property. We take great care to ensure that we provide quality products and services in an ethical manner that serves the members of our community, whether home buyers or sellers.
Please note that some types of Media may not be edited/retouched due to the limitations of the platform (for example, a 360 panorama image file may be edited but as of the adoption of these terms, not one used in a Zillow 3D Home tour) and some types of retouching (for example, object removal from video) may not be offered because of the highly specialized skill, time, or cost involved.
Please don’t remove the RealMedia.SB logo from our branded videos. Our extremely competitive video pricing is based on the fact that we receive value from our content being viewed and associated with our brand. If you would like to inquire about video pricing that does not include our logo discreetly and tastefully placed at the end of your branded video, please contact Chris@RealMedia.SB.
Please don’t edit or use third party editing services to modify our Media. It is stated here and elsewhere above to be prohibited by these Terms. However because RealMedia.SB reserves the right to decline to perform requested edits, in the event that a requested editing service is declined by RealMedia.SB we will make an effort to connect you to a qualified third party to perform the edit and grant a written modification of your license allowing you to do so. Please note that no such modification shall be issued when the edit in question would misrepresent the material condition of a property or used to cover a defect.
Interchangability of Language.
Because of the broad range of media creation services offered by RealMedia.SB, this document encompasses several types of digital media. The words “images”, “photos”, “media”, “video”, “virtual tour”, “3D tour”, “photographs”, “pictures” or any similar are understood to be interchangeable for the purposes of the terms outlined here, except as related to appointment duration. Language related to delivery of media shall be understood to mean the emailing of digital links or files, or upload of media by RealMedia.SB to our online file delivery service (Amazon Drive) and subsequent communication of a hyperlink used to access those files, whether by email, text, or via the client’s online media delivery sheet (Google Sheets).
Changes to These Terms and Conditions.
We value our clients immensely and strive to be the premiere providers of digital media and marketing services for the real estate and related industries in the greater South Bend area. Terms and conditions are a necessary part of protecting ourselves and defining certain expectations. BUT we understand that rigid and pre-defined rules might not fit the nuance of every situation or may not always feel equitable in every circumstance. Because of this we are open to discussion when there are extenuating circumstances. But with that being said, by purchasing our services you agree that these are the Terms of that purchase as outlined above. These Terms may be changed by RealMedia.SB at any time and without notice, however the Terms in effect at the time of the Media capture appointment or payment, whichever occurred sooner, shall be binding to that circumstance.
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©2022 REALMEDIA.SB, LLC
101 E Mishawaka Ave
Mishawaka, IN 46545
drop us a line with your inquiry
Text messaging is our preferred method of contact. For inquiries requiring a prompt response we can be reached by text or phone at (574) 387-3799. For inquiries that do not require prompt response we can be reached by email at chris@realmedia.sb.
