Ownership of Media: All photographs, videos, virtual tours, floor plans, and other media (“Media”) created by Virtual Open House remain the sole property and copyrighted work of Virtual Open House or its photographers, unless otherwise agreed in writing. By default, Virtual Open House retains full copyright and ownership of all delivered Media. This means that we maintain the exclusive rights to reproduce, distribute, display, or license these images and videos as needed.
Company Usage: Virtual Open House reserves the right to use any Media for its own promotional purposes, portfolio, website display, social media, and marketing materials. You agree that we may display or publish the Media in brochures, on our website, or on social media to showcase our work, and you release any claims to profits or benefits that may arise from such. We will not sell or license the Media to other parties in a way that conflicts with your rights under the license (for example, we will not license your listing photos to another real estate agent during your active listing period without your permission, as described below). However, because we retain copyright, we are able to act on your behalf to prevent any unauthorized use of the images by third parties. This policy of retaining ownership while granting broad usage to you is intended to protect your interests: it allows us to pursue copyright infringers (such as other agents improperly using your photos) and stop unauthorized distribution of your listing
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Upon full payment for the services (see Payment Terms below), Virtual Open House grants you (the “Client”) a limited, non-exclusive, non-transferable license to use the delivered Media, subject to the terms below. This license allows you to use the photos, videos, and other Media for the marketing and promotion of the specific property addressed in our agreement (the “Property”) and for your own real estate advertising purposes. In other words, you receive broad usage rights to utilize the Media in connection with selling or renting the Property, as well as in your personal marketing portfolio related to your real estate services
Permitted Uses: You may reproduce, publish, and display the Media in any medium for the purpose of promoting the Property or your real estate business, including but not limited to:
- Listing Services and Websites: Use of the Media on the Multiple Listing Service (MLS) and real estate websites to advertise the Property. (Any MLS terms purporting to take ownership of the images do not override our copyright – we maintain ownership at all times.)
- Digital and Print Marketing: Inclusion of the Media in online listings, virtual tours, social media posts, email marketing, flyers, brochures, and other advertisements directly related to the Property’s sale or rental
- Professional Portfolio and Branding: Use of the Media in your personal promotional materials (such as your agency or personal realtor website, social media, or listing presentation kits) for the purpose of showcasing the Property or your services, including after the Property is sold, provided such use is to promote your real estate business and not to re-list the same property by a different agent. (For example, you may display the photos as part of a “sold listings” gallery on your website or use them in an advertising brochure for your services.) Virtual Open House encourages you to use the Media freely for marketing the listing and your business, as this is a common industry practice.
This license is effective immediately upon delivery of the Media and receipt of full payment.The license is granted to you and your brokerage (if applicable) for the uses above. All licenses are non-exclusive, meaning we may license the Media to others as described in Section 4, and non-transferable, meaning you cannot give or sell the Media or the rights to use them to anyone else
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While we aim to offer flexibility in how you use the Media, certain restrictions apply to protect our intellectual property rights and ensure fair use:
- No Transfer or Sublicense: You may not transfer, sell, sublicense, assign, or gift the Media or any rights under this agreement to any third party without our explicit written consent. The license is personal to you (and your brokerage) for the purposes stated. For example, you cannot give the photos to another agent, broker, homeowner, or business to use in any way not permitted by this agreement without permission. Any attempt to transfer rights (such as providing the images to a builder, stager, or another agent for their own marketing) is a breach of this agreement.
- Use for Specified Property Only: The Media is licensed for use in marketing the specified Property and your services related to that Property. Using the Media for a different property or project is not allowed without our permission and an additional license. Each photoshoot and its Media are tied to a particular listing; you cannot reuse the photos or videos for a new listing of a different property, nor for any other unrelated purpose, unless you obtain our written consent and (if required) pay additional licensing fees. In short, you can use the images to sell that home (and to showcase that home in your portfolio), but you cannot use them to advertise another home or let someone else use them.
- Third-Party Usage: Any third party (such as a builder, architect, stager, or another real estate agent) who wishes to use the Media for their own purposes must contact Virtual Open House to obtain a separate license. Using the Media for any purpose not directly related to the marketing of the Property by you (the original client) requires our express permission and may require additional fees. For instance, if a home builder or interior designer wants to use the photos in their advertisements, or if a new listing agent wants to re-use the images for the same property in the future, they must arrange a licensing agreement with us. This ensures that copyright is respected and that usage is properly tracked and compensatedsupport.
- No Unauthorized Commercial Use: You may not use the Media to produce goods for sale (e.g. prints, artwork, stock photography sales) or for any commercial use other than as described above, without negotiating a separate agreement. Unauthorized use of the Media beyond the scope of the granted license (for example, altering the images and selling them, or using them in a commercial project not related to the Property) is strictly prohibited. Any use of the Media that is not expressly permitted by this agreement is considered a copyright infringement and a violation of these terms. In the event of unauthorized use, Virtual Open House reserves the right to pursue legal remedies available, including injunctive relief and monetary damages.
- Attribution and Alterations: You are not required to credit Virtual Open House when using the Media for permitted purposes, but we always appreciate a photo credit or mention when feasible. However, you must not remove any embedded metadata, watermarks, or copyright notices that may be included in the Media files. Removal of copyright management information (such as metadata tags) without permission is prohibited by law. You may make reasonable alterations (e.g., cropping or minor color adjustments) to the images for marketing needs, but any edits should not misrepresent the property (for instance, do not materially alter the appearance of the property beyond standard photo editing). If in doubt, consult us before making significant modifications.
Any violation of the above restrictions may result in the immediate termination of your license to use the Media. If you breach the license terms, we reserve the right to terminate your usage rights, and you will be required to remove and destroy all copies of the Media in your possession. You would also be responsible for any loss or damage suffered by Virtual Open House due to the unauthorized use, and continued use after license termination may result in legal action.
Relicensing to Third Parties: Because Virtual Open House retains ownership of the Media, we may license the same photographs or videos to third parties in the future, such as the property owner or another real estate agent, but we do so with great care to respect our clients. Our standard practice is that we will not re-license or sell Media of your listing to another real estate agent while you are actively marketing the Property, without your consent. If another agent or party requests to purchase or license Media that we created for you, we will seek your permission before granting a license, as a professional courtesy. (For example, if your listing expires and a new agent takes over, we may, with your approval, license the photos to the new agent under a separate agreement. Similarly, if the homeowner or a developer wants copies of the visuals for their own use, we will coordinate with you or notify you.)If you approve a re-license, or if circumstances have changed (e.g. the property is sold and you are no longer the listing agent), Virtual Open House may license the Media to the interested party for an appropriate fee. Any such license will be for that party’s own marketing of the same Property or related business use, and will not diminish your right to continue using the Media in accordance with your license (for example, you can still display the sold listing in your portfolio). Virtual Open House will handle all the logistics of delivering and charging for re-licensed Media; you are not responsible for those arrangements.
Exclusivity: Unless expressly provided in a separate written agreement, the license granted to you is non-exclusive. This means we may use or license the Media to others as described above, and you do not have exclusive rights to the Media beyond your own usage. We understand, however, that some clients desire complete exclusivity. If you wish to ensure that the Media will not be licensed or sold to any other party for any purpose (for example, you want to be the only one who will ever be allowed to use the photos of a particularly unique property), please discuss an Exclusivity Agreement with us. Virtual Open House can offer an exclusivity add-on or a custom agreement that grants you sole usage rights to the Media. Such an agreement would typically involve an additional fee and would specify the duration and scope of exclusivity (e.g. exclusive rights for a certain number of years or in perpetuity). Without an exclusivity add-on, Virtual Open House retains the right to license the Media to others after your licensed usage, subject to the limitations and procedures noted above.
We understand that schedules can change and unexpected issues can arise. Our cancellation and rescheduling policy is designed to be fair to our clients while compensating our photographers for reserved time slots:
- Advance Notice (No Fee): If you need to cancel or reschedule your appointment, please do so at least 48 hours in advance of the scheduled shoot time. Cancellations or rescheduling requests made more than 48 hours ahead will not incur any fee, and any deposit paid will be refunded or applied to the new date.
- Late Notice (24–48 Hours Prior): If you cancel or reschedule between 24 and 48 hours before the shoot, we reserve the right to charge a cancellation fee (or retain a portion of the deposit) up to 25% of the booking fee. This is because it may be difficult to fill the time slot on short notice. If you reschedule rather than cancel, we may, at our discretion, apply part of this fee toward the future service, especially if we are able to re-book the original time slot.
- Last-Minute (Less than 24 Hours or Same-Day): If a cancellation or reschedule request comes in on the scheduled day of the shoot, or less than 24 hours prior, a fee of up to 50% of the total booking may be charged. For same-day cancellations, we typically charge 25% if the photographer has not yet left for the appointment, and up to 50% if they are en route or arrive to find the appointment canceled, the property inaccessible, or the property not ready for photos. This compensates our team for time and travel expenses incurred. We will always be transparent about any fees in these situations.
- No-Show or Inaccessible Property: If our photographer arrives at the Property at the scheduled time and is unable to access or conduct the shoot (e.g., the property is locked, unsupervised, in an unsuitable condition, or no one is there to grant access), it will be treated as a last-minute cancellation. In such cases, a fee up to 50% of the shoot cost may apply. We will attempt to contact you upon arrival if there is an issue; however, if the shoot cannot proceed, a reschedule will require an additional appointment and possibly additional cost. It is the client’s responsibility to ensure the property is prepared and accessible at the scheduled time.
- Weather Postponements: We keep a close eye on the weather, especially for exterior photography and drone shoots. If inclement weather (heavy rain, snow, storms, or other unsafe conditions) is expected to impact the quality of the photos or the safety of the shoot, either party may request to reschedule due to weather without penalty. Virtual Open House will make a judgment call, often on the day of the shoot, if weather conditions warrant a delay. In the event of a weather-related reschedule, no cancellation fee will be charged and your deposit (if any) will simply carry over to the rescheduled date. We want to ensure the best possible results, and sometimes waiting for clear weather is in everyone’s interest. (Note: If you choose to proceed with the shoot despite adverse weather and later request re-shoots of exteriors due to weather conditions, additional fees may apply for the extra visit. We recommend taking advantage of our flexible weather reschedule policy when offered.)
- Photographer Delays or Emergency: If our assigned photographer is unable to make the appointment due to an emergency, illness, or other unforeseen circumstance, we will inform you as soon as possible and attempt to arrange an alternative photographer or a new shoot time. In such cases, of course, no cancellation fee would be charged to you. We will work with you to reschedule at the earliest convenient time for all parties.
Please notify us by phone or email as soon as you know you need to cancel or change an appointment. Timely communication helps us be flexible and accommodating. Any applicable cancellation fees will be billed to the client, and by scheduling a shoot, you agree to pay any such fees as described above. Where a deposit has been paid, we may apply the deposit toward any cancellation fee due. Forfeited fees or deposits are not transferable to unrelated future projects (they would only apply to a rescheduled shoot of the same property, as noted). We aim to be understanding of genuine emergencies or accidents – if something truly beyond your control causes a last-minute cancellation, please let us know and we will evaluate on a case-by-case basis whether a fee can be waived.
By booking our services, you agree to the following payment terms:
- Pricing and Quotes: Our fees for photography, videography, and other services will be as agreed in our order confirmation or pricing schedule provided to you. Any additional services or special requests may incur extra charges, which will be communicated to you for approval before the shoot or before delivery of the final product.
- Deposit: For certain bookings, especially large projects or to secure a specific date, Virtual Open House may require a deposit (for example, 25% of the total fee) at the time of booking. If a deposit is required, it will be specified in your booking confirmation. Deposits are generally non-refundable except in cases of timely cancellation as described in the Cancellation Policy (e.g., if you cancel more than 48 hours in advance, we will refund the deposit). If we cancel the shoot and cannot reschedule, any deposit you paid will be refunded in full.
- Final Payment Due: Unless otherwise agreed, payment in full is due by the time of delivery of the final Media. We will not release high-resolution, unwatermarked images or videos until the balance is paid in full. For your convenience, we accept [specify payment methods, e.g., credit card, check, electronic transfer]. Invoices are due upon receipt or as specified on the invoice (if we provide an invoice with Net 15 days terms, for example, then payment should be made within 15 days).
- Photo/Video Release: Please note that the license to use the Media is not effective until full payment has been received – usage rights are granted only after payment is complete. If payment is not received by the agreed due date, Virtual Open House reserves the right to withhold delivery of the Media or disable access to the digital files. In the event that you have obtained the Media (e.g., we delivered proofs) but have not paid the final amount, any use of those images or videos is prohibited until payment is made. Continued use of Media without payment is a breach of this agreement and may result in legal action to recover fees and damages.
- Late Payment: If payment is not made when due, we may charge a late fee or interest as permitted by law or as specified on the invoice (for example, a flat late fee or interest at X% per month on overdue amounts). We will also notify you and give a short grace period to remedy the payment before pursuing any legal remedies. The client is responsible for any collection costs incurred by Virtual Open House (including reasonable attorneys’ fees) in the event of non-payment.
- Taxes: Our prices may be subject to applicable taxes (sales tax, VAT, etc.) depending on jurisdiction. Any such taxes will be added to your invoice as required by law.
- Refunds for Non-Delivery: In the unlikely event that Virtual Open House fails to deliver any Media from a completed shoot (for example, due to equipment failure, data loss, or photographer error where no usable photos/video were captured), our liability will be limited to refunding any payments and deposits for that shoot. We will always make best efforts to re-shoot or remedy the situation in lieu of a refund, if you prefer and if circumstances allow. However, if for any reason we cannot deliver the service as promised, you are entitled to a full refund for that project
- Satisfaction Guarantee: We are committed to delivering high-quality results. Upon receiving the Media, you should promptly review them. If you are dissatisfied with the quality of the delivered Media or if any expected shots were missed, please notify us within 7 days of delivery. We will make good faith efforts to address your concerns – this may include reasonable edits, corrections, or even a re-shoot of certain scenes if feasible, at no additional cost. If we are unable to correct a legitimate issue with the Media, we may offer a partial or full refund as appropriate. Our goal is 100% client satisfaction. (Note: This guarantee applies to quality issues attributable to our work. It does not cover changes in the property after the shoot or personal artistic preference for a different style beyond the agreed approach. For example, if you decide you wanted dusk photos instead of daytime after the fact, that would require a new shoot.)
- No Charge for Non-Performed Services: If you ordered a service that we could not perform (e.g., aerial drone footage but flight was prohibited in the area, or a twilight shoot that was rained out and then you decided not to proceed), you will not be charged for that portion of the services, or you will be refunded if payment was already made.
Virtual Open House will undertake the agreed services with reasonable skill and care. However, our liability to you is limited as follows:
- Quality and Outcomes: We do not guarantee that the Media will directly achieve the sale or rental of the property; we provide marketing content, but many factors affect real estate outcomes. Our commitment is to provide high-quality images and media as per industry standards. In any event, if you are not satisfied with the quality of our work, our obligation is to correct the issue or refund as described in the Payment Terms, and no further damages can be sought.
- Delay or Failure to Perform: While we strive to meet all deadlines, we are not responsible for delays or failure to perform due to circumstances beyond our control (force majeure), such as severe weather, natural disasters, illness, accidents, governmental restrictions, or other emergencies. In such cases, we will attempt to reschedule as soon as possible, and the Cancellation Policy regarding fees would not apply if the cause is truly beyond anyone’s control (e.g., a sudden city-wide emergency).
- Property Conditions: You are responsible for ensuring that we have the necessary permission to access and shoot the Property. We are not responsible for any issues arising from the condition of the property. For example, if a hazard at the property causes injury or if a neighbor disputes the photography, you must address those issues. Our liability for any inability to complete the shoot due to property conditions, lack of access, or similar issues is limited to possibly rescheduling the shoot or refunding your payment – we will not be liable for any consequential damages or lost opportunities. We also cannot be held responsible for the presence of unwanted objects or mess in the property – it is the client’s duty to prepare the home for photography (we’ll do minor staging tweaks if needed, but we won’t clean rooms or move heavy furniture).
- Monetary Liability Cap: To the fullest extent permitted by law, in any case where Virtual Open House is found liable to you or any third party under this agreement, our total aggregate liability shall be limited to the total amount of fees paid by you for the services connected to the claim. This means we will not be responsible for any amount above what you have paid us for that photoshoot or service, even if actual losses or damages (whether direct or indirect) are greater. We will not be liable for any indirect, incidental, consequential, or special damages (such as lost profits, lost sales, loss of business opportunities, etc.) arising out of the services or the Media, even if we have been advised of the possibility of such damages. By using our services, you acknowledge that the fees charged reflect this allocation of risk and the limitation of liability.
You (the Client) agree to indemnify, defend, and hold harmless Virtual Open House and its owners, employees, contractors, and agents from any and all claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Media in violation of this agreement or applicable law; (b) any third-party claim of intellectual property infringement or misuse of the Media, if such claim arises from a use that is beyond the scope of the license granted to you; or (c) any issues at the Property during the shoot that were not due to our negligence.
In simpler terms, if someone else brings a claim saying that we didn’t have permission to film or photograph something at the Property, or that the images were used improperly by you or another party under your control, you agree that you will be responsible for those claims and costs, not Virtual Open House. We highly recommend that you obtain any necessary property releases or permissions from property owners, tenants, or any individuals who will appear in the photos. We will operate under the assumption that you have the authority to let us into and capture the Property. You also agree to not hold us responsible for any damage or incident that might occur during the shoot, unless it was caused by our willful misconduct or gross negligence. (We treat every property with care and respect; this indemnification is just to protect us from unexpected legal tangles that are outside of our control.)
- Work-for-Hire and Copyright Transfer: Unless expressly agreed in a separate written contract, our services are not considered a “work for hire” arrangement, and no copyright is being transferred to the client. All rights not explicitly granted to you in these Terms and Conditions are reserved by Virtual Open House. If a full transfer of copyright is desired (where you would own the images outright), this must be negotiated separately and will involve a written agreement and additional fees. (Such an arrangement is unusual in real estate media, but can be accommodated if needed.)
- Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of [Your State/Country]. Any disputes arising from this agreement or our services shall be subject to the exclusive jurisdiction of the courts of [Your locality], unless mutually agreed to arbitration or alternative dispute resolution.
- Severability: If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be adjusted (if possible) to reflect the parties’ intent, or else severed, and all other provisions shall remain in full force and effect
- Waiver: No waiver of any term or condition by Virtual Open House shall be deemed a further or continuing waiver of that term or any other term. For any waiver to be effective, it must be in writing and signed by an authorized representative of Virtual Open House.
- Entire Agreement: These Terms and Conditions, together with any specific agreements or order confirmations we provide, constitute the entire agreement between you and Virtual Open House regarding the services and deliverables. They supersede any prior understandings or agreements (oral or written) regarding the same subject matter. Any changes or amendments to this agreement must be in writing and acknowledged by both parties.
- Acceptance: By booking a service with Virtual Open House or by using any Media we provide, you acknowledge that you have read, understood, and agree to these Terms and Conditions. If you are booking on behalf of a brokerage or a team, you confirm that you have authority to bind them to these terms as well. It is your responsibility to convey relevant usage restrictions to anyone within your organization who handles the Media to ensure compliance (for example, your marketing assistant should be made aware of these licensing rules).
Contact Us: If you have any questions about these Terms and Conditions or need any clarification about what is allowed or not allowed, please contact Virtual Open House at [Contact Information]. We’re happy to discuss and, if necessary, customize agreements to fit your needs (such as exclusivity or extended usage requests). Our goal is to deliver stunning visual content while protecting our creative work and ensuring our clients can use it effectively and legally. Thank you for choosing Virtual Open House for your real estate media needs!