TERMS OF SERVICE

By using the Real Estate Marketing KC (REMKC) website and/or purchasing services from us, you agree to the terms of service set forth in this Agreement. We reserve the right to change or modify the provisions of this Agreement at any time. You should check this Agreement periodically for changes. If you do not agree to our terms of service, you should not use our website or purchase our services. By using this website and/or purchasing services from us, you agree to be legally bound and abide by these Terms of Service, just as if you had signed a written legal agreement.

ALL SERVICES:

PLEASE NOTE:

When you purchase a media package from REMKC, you are actually purchasing a block of time for our photographer to shoot your home. You are not buying a specific number of images or length of video, unless it is specified in the description of the service purchased. It is imperative that your home be photo-ready and our photographer/videographer is allowed to begin working immediately once they arrive at your property.

COPYRIGHT NOTICE:  

Real Estate Marketing KC is the copyright holder of the image. The copyright of an image is not transferred to any other party unless a specific written agreement is made.  Licensing may be obtained for various applications of images, please contact us for more details.

Real Estate Marketing KC will not provide any RAW, or unedited photos or video to the client. The client will have access only to the edited final product.  

PHOTO RIGHTS and USAGE FOR REAL ESTATE MEDIA: 

The original client who paid for this service has permission to use these images, video, or other media, on any electronic or printed form of advertisement for the promotion of that property and indefinitely in their business marketing channels after the property is no longer for sale.

The licensing agreement between the Copyright holder and the listing agent is valid only for the duration the home/property is listed for sale and terminates when the home is no longer for sale.

Images cannot be sold to another agent who takes over an expired or withdrawn listing by the original listing agent.  The copyright owner maintains the right to relicense images if they choose to do so.  We will encourage the new listing agent to retake the images but in some rare occasions that may not be possible.  

Failure to pay for the images will result in a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement. Failure to stop using them will result in legal action.

Real Estate Marketing KC will not provide any RAW, or unedited, photos or video to the client. The client will have access only to the edited final product.  

PHOTO RIGHTS and USAGE for Builders, Stagers, Designers, Home Owners, and others:

Builders, stagers, designers and others who wish to use images taken by our photographer should contact us for specific licensing information. In addition to fees paid to REMKC a property photography release may need to be obtained from the homeowner.

YOUR APPOINTMENT:

Because we shoot multiple homes each day, it is important that your property be photo-ready. In order to service all of our clients in a professional manner, your appointment includes a specific amount of time for your photo session and an estimated number of images. Your home will be shot AS-IS. The property must be photo-ready when we arrive. We do not provide any cleaning, moving or home staging services while on location to shoot the photos or video. Failure to have your home photo-ready may impact the number of photographs taken. Your appointment includes a specific amount of time for the photo session and an estimated number of images.

SCHEDULING A TEAM MEMBER:

Team member photo or video shoots are subject to availability. It is at the discretion of REMKC to assign a different team member to take photos or video at an appointment for unforeseen schedule changes in order to keep the appointment. An attempt will be made to contact the agent about any changes and the appointment may be rescheduled if a specific team member is preferred. 

PAYMENT:

Payment is expected before images can be downloaded and used. 

TRAVEL FEES:

REMKC covers the greater Kansas City metropolitan area, but travel fees may be applied for some services, team members, or subcontractors based on travel distance from their main coverage area. These fees are generally applied while ordering services online based on the google maps location of the given address, but may be subject to change in some cases where online booking is not available or other unforeseen situations such as the address being incorrect when booked or some subcontractors used. 

CANCELLATIONS and RESCHEDULING:

If you need to cancel or reschedule your appointment, you may do so by logging in to your account and rescheduling at least 24 hours before the shoot. You may also reschedule by text, email or phone call if you are unable to access the rescheduling site. There are no fees for rescheduling or cancellations as long as the team member has not already begun driving to the location. In the event that a cancellation or rescheduling after the team member is en route there will be a minimum $25 trip charge for mileage and may vary based on the agreement between REMKC and that team member or subcontractor.

NO SHOWS/LATE SHOWS/SCRAP SHOOT:

If we arrive at the property and are unable to shoot the home due to lack of electricity, lack of interior access or other issues, the appointment will be canceled or rescheduled and you will be charged a minimum $25 trip charge fee and may vary based on the agreement between REMKC and that team member or subcontractor.

RESHOOTS/REFUNDS:

Any return trip to the property for reshoots will incur a fee. If changes to the home or property have been made and the client would like a few rooms or exteriors reshot, a half priced photoshoot can be requested. In the event that more than 50% of the property needs new photos, a new photoshoot should be scheduled just as with the original shoot. 

In order to avoid a reshoot: 1. Please be sure the property is “photo-ready” and is cleaned and styled to your specifications. 2. Make sure weather conditions are to your liking. 3. Communicate any specific shot requests to us via email prior to your appointment. 

Refunds are provided on a case by case basis. Refunds will not be provided in situations where the client failed to communicate specific shot requests or the images are not materially different in image quality from those contained in our portfolio. There are no refunds for mileage or other trip charges.

MEDIA SESSIONS:

Your home will be shot AS-IS. When you purchase a photo package from REMKC, you are actually purchasing a block of time for our photographer to shoot your home. You are not buying a specific number of images or length of video, unless it is specified in the description of the service purchased. It is imperative that your home be photo-ready and our photographer/videographer is allowed to begin working immediately once they arrive at the property.

The media will not be intentionally altered in any way that misrepresents the house or property to cover defects or other physical features that may deter a potential buyer. We do not offer “photoshopping” of the property or home to make it more desirable. Virtual staging is allowed by Heartland MLS and is a service that we offer, but must be accompanied by a disclaimer that some photos are virtually staged in order to be within the MLS guidelines.

DELIVERY TIMES:

Edited photos are delivered digitally within 24 hours of the photoshoot and video tours will be delivered within 48 hours of the shoot. Payment must be made before downloading or using images or other media. 

MEDIA QUALITY/NUMBER OF IMAGES/SHOT REQUESTS:

It is the client’s responsibility to inform us of any specific angles, property areas, or home features that will need to be photographed. If the client does not inform us of any specific shot requests, the photographer on-location will determine the shot list and will photograph the property to the best of their ability. We do not “over shoot” homes.

SCHEDULING AN AERIAL SESSION:

Aerial sessions are subject to availability and pilot styles may vary. It is highly recommended that the agent be present for the appointment to communicate any special shot requests to the team pilot.

AERIAL SESSION:

Your home will be shot AS-IS. The property must be photo/video ready when we arrive. We do not provide any cleaning, moving or home staging services while on location for the shoot. Failure to have your home ready may impact the quality of your media or the number of photographs taken.

PORTFOLIO AND SOCIAL MEDIA USE

Real Estate Marketing KC reserves the right to use any and all photo and video footage from client shoots for our online portfolio and social media channels. By purchasing services from us, you grant us an irrevocable right to use the photo and video footage from your property in perpetuity. If you are an agent or broker representing the home owner, you are authorizing REMKC on the owner’s behalf for us to use any and all footage for our own marketing purposes. Purchasing services from us constitutes a location release.