Real Estate Media Terms

1. Services and booking

These terms apply to photography, video, aerial media, social media content, 3D tours, floor plans, enhanced media, property websites and related real estate media services provided by Island Luxury Photography. The accepted estimate, booking or invoice identifies the property, services, pricing, schedule and any project-specific terms.

2. Authority, access and safety

The client confirms that they own the property or are authorized to arrange the requested services and access. The client provides accurate gate, lockbox, guard, parking, elevator and building instructions, obtains required property or HOA permissions, and identifies known hazards or restricted areas.

ILP may decline or stop work when conditions are unsafe, unlawful or present unreasonable risk to people, animals, equipment or property.

3. Property readiness

The property must be clean, staged, accessible and ready to photograph at the scheduled start time. ILP photographs the property as presented and does not provide cleaning, staging, furniture moving or other property-preparation services.

If an area is not ready or accessible, ILP may photograph it as presented, omit it or arrange a billable return visit. Occupants and pets must remain outside active capture areas when requested.

4. Scheduling, cancellations and weather

A client may cancel or reschedule without charge at least 24 hours before the appointment. Changes within 24 hours are charged 25% of the scheduled services. Same-day cancellation, unavailable access or a property that cannot be photographed as scheduled is charged 50%, plus any nonrefundable third-party or travel costs committed for the order. ILP-initiated schedule changes are never charged to the client.

The appointment begins at the scheduled time. ILP allows a 20-minute access window when the day’s schedule permits, but the booked end time does not move. If access still prevents work, the appointment may be treated as unavailable access. An agreed extension or return visit is additional billable production time.

Cloud cover alone does not prevent a shoot. When rain, wind, visibility or unsafe conditions prevent exterior, twilight or aerial work, ILP will reschedule the affected portion without a cancellation charge. Interiors and unaffected services proceed when practical. A preference for different skies or lighting follows the standard rescheduling policy.

5. Payment and delivery

Payment terms and the expected delivery schedule appear on the booking, estimate or invoice. Unless written account terms say otherwise, the media license begins when the order is paid in full. Reversed or charged-back payment may suspend the corresponding license until resolved.

Standard delivery includes finished media. RAW photographs, unedited footage, project files, intermediate files and reusable music source files are not included unless separately agreed in writing.

Online delivery galleries remain available for 90 days. Clients should download and safely retain delivered files during that period. ILP keeps final delivered files on a best-effort basis for 12 months but does not guarantee indefinite storage, source-file retention or future recovery. Archive retrieval may be quoted when recovery is possible.

6. Copyright and client license

ILP retains copyright and ownership unless a separate signed agreement expressly states otherwise.

After payment, the commissioning client receives a non-exclusive, non-transferable license to use delivered media to market the specific property through MLS, listing portals, property websites, social media, email, print materials, open houses and property-specific advertising. The commissioning client may continue displaying the media as an example of a past transaction, but may not use it to market another property.

7. Other agents, businesses and publications

A brokerage, team, printer, web provider or marketing vendor may handle the files only to support the commissioning client’s permitted use. They receive no independent license.

A homeowner may share delivered media for personal, noncommercial purposes with the commissioning client’s permission. Relisting, rental marketing or business promotion requires separate authorization.

Builders, developers, architects, designers, stagers, vendors, publications and subsequent listing agents need separate authorization for their own use. Contact ILP for an appropriate license.

8. Editing, enhanced media and revisions

Standard editing may use AI-assisted tools for ordinary corrections that do not materially change the property. Virtual staging, virtual twilight, object removal and other material changes are treated as enhanced media and should be identified and published under applicable MLS, brokerage and platform rules.

Ordinary cropping, resizing, formatting and permitted branding are allowed. Written permission is required before materially altering ILP media with generative AI or similar tools. The standard license does not include AI model training, dataset creation or machine-learning development.

Please report apparent technical errors within five business days of delivery. ILP will correct a material error attributable to its work. Photography and floor plans include corrections of clear errors rather than a general aesthetic re-edit. One consolidated revision round for video, social edits or virtual staging submitted within that period is included unless the order states otherwise. Changed staging, completed repairs, new preferences, added coverage and additional revision rounds are new scope and may be quoted separately.

9. Floor plans, Matterport, aerial and video

Floor plans, dimensions and square-footage totals are approximate marketing aids. They are not surveys, appraisals, architectural drawings or certified measurements. Anyone relying on exact dimensions or legal square footage should verify them independently.

Residential Matterport hosting includes six months from delivery. Commercial, construction and facilities hosting is stated in the proposal. Continued hosting, reactivation or account transfer may be available under then-current Matterport requirements and ILP fees. ILP does not guarantee indefinite retention or future reactivation.

Aerial capture depends on weather, wind, airspace authorization, site restrictions and safe operating conditions. ILP makes the final flight decision. If flight cannot be completed safely or legally, the aerial portion will be rescheduled without penalizing the client. If it cannot be completed by the agreed campaign deadline, the unperformed aerial line item will be credited or refunded.

Music embedded in a finished video remains subject to its third-party license. The client receives the finished video for authorized uses, not ownership of or a separate reusable license to the underlying music.

10. Portfolio use and confidentiality

ILP may use finished media in its portfolio and marketing after the property has been publicly released. The client should identify confidential, off-market or embargoed properties before the appointment so any agreed restriction can be confirmed in writing.

11. Third-party platforms and legal provisions

MLS systems, Matterport, video hosts and delivery platforms may change or experience interruptions outside ILP’s control. ILP remains responsible for its own work, will address issues within its control and will help identify the next step when a platform issue affects delivery.

The client is responsible for the accuracy and legality of property facts, descriptions, captions, claims, logos and other supplied materials. ILP media production does not independently verify legal square footage, title, boundaries, permitted use or property condition.

Final limitation of liability, indemnity, governing-law, dispute, severability, waiver and electronic-acceptance provisions require review by Hawaiʻi counsel before these draft terms are approved for binding use.