Terms Of Service

Copyright Notice:
Mark Jacobs Productions is the copyright holder of all media. The copyright of images and videos are not transferred to any other party unless a specific written agreement is made with Mark Jacobs Productions. Licensing may be obtained for various applications of images and videos, contact Mark Jacobs Productions for more details.

[Client] authorizes Mark Jacobs Productions to enter and photograph/video the property at [FullAddress]. It is [Client] responsibility to ensure that he/she has the authority to allow Mark Jacobs Productions to enter [FullAddress] and that any and all occupants have been notified of the appointment.

[Client] understands that if [Client] uploads any content that is not own by [Client] and is not the rightful owner of or have written permission to use. The [Client] is liable and removes any and all responsibility from Mark Jacobs Productions from all copyright infringement claims, request for payments, retroactive licensing payments, legal fees and lawsuits.

Agent Representation and Responsibility:
[Client] is responsible for the presence of an authorized representative at the shoot to approve the Photographer’s interpretation of the assignment. If a Client representative is not present or chooses not to be present, the Photographer’s interpretation shall be deemed acceptable. If specific views, unusual/unconventional areas need to be photographed, or specific preferences are expected (ie. garage photographed, closets photographed, etc.), it is the responsibility of [Client] to make the Photographer aware before the scheduled appointment. Again, if [Client] or an authorized representative is not present during the shoot, the Photographer’s interpretation shall be deemed acceptable. It is [Client] responsibility to ensure that The property is ready to be photographed at the scheduled time. The Photographer is not responsible for cleaning the property, moving furniture, making beds, picking up clutter, moving bath room items, etc. [Client] is ultimately responsible for the property’s readiness and the property will be photographed in a "AS IS" condition.

Photo Rights and Usage for Residential Real Estate Photography and Videos:
[Client] who paid for our services has a limited usage license and permission to use the images and videos for [FullAddress] on all MLS authorized entities anywhere the MLS data is intended to appear for promoting the sale of the property. The limited usage license does not grant or constitute a transfer of ownership for any intellectual property rights, which are all explicitly held by Mark Jacobs Productions. The licensing agreement is valid only for the duration of the listing agreement with [Client] and cannot be reused by any other agent or firm without specific written permission from Mark Jacobs Productions. [Client] may use the media to display that the listing was withdrawn, expired or sold and that they were the listing agent in all MLS authorized entities where MLS data is intended to appear. [Client] does not have authorization to sell, transfer, or give away any media to a third party including the property owner for any reason without written consent from Mark Jacobs Productions.

[Client] may not use photos or videos on their website, social media or in print to promote their website/brand/business without purchasing a royalty-free license after the property has been sold, withdrawn or expired or their listing agreement has been terminated for the property.

Images and videos cannot be sold or used by another agent or firm. If another agent or firm takes over the listing they cannot use the images of videos without written permission from Mark Jacobs Productions.

Photo, Video Rights and Usage for Builders, Stagers, Designers, Home Owners, and others:
Builders, stagers, designers, home owner and others who wish to use the images and videos for the property taken by Mark Jacobs Productions should contact Mark Jacobs Productions for specific licensing fees and information. Any usage of any media by a third party is strictly prohibited unless prior written approval is given by Mark Jacobs Productions. The original Client [Client] does not have authorization to sell, transfer, or give away any media for any reason without written consent from Mark Jacobs Productions.

Community shots - such as clubhouse, fitness center, gold course, pools, tennis courts and community signs, etc., may be used used for all future listings for the original client [Client]. It is [Client] responsibility to make sure the amenities are available during the appointment.

Photo and video Rights and Usage for Commercial Real Estate:
Our commercial photos and videos come with a license which allows the client [Client] who paid for our services permission to use the images and videos on any electronic or printed form of advertisement for the promotion of [FullAddress].

Images and videos cannot be sold or used by another commercial agent or firm. If another commercial agent or firm takes over the listing they cannot use the images of videos without written permission from Mark Jacobs Productions.

Builders, stagers, designers, commercial property owners and others who wish to use the images and videos for the property taken by Mark Jacobs Productions should contact Mark Jacobs Productions for specific licensing fees and information. Any usage of any media by a third party is strictly prohibited unless prior written approval is given by Mark Jacobs Productions. The original Client [Client] does not have authorization to sell, transfer, or give away any media for any reason without written consent form Mark Jacobs Productions.

Photo and video Rights and Usage for VRBO and AirBnB:

[Client] who paid for our services has permission to use the images and videos for the property on electronic or printed form of advertisement for the promotion of that property. The licensing agreement is valid for 3 years from the delivery date for VRBO and AirBnB with [Client] and cannot be reused by any other agent/owner or firm without specific written permission from Mark Jacobs Productions.

VRBO and Airbnb Images and videos cannot be sold or used by another agent/owner or firm. If another agent/owner or firm takes over the listing they cannot use the images of videos without written permission from Mark Jacobs Productions.

Community shots - such as clubhouse, fitness center, gold course, pools, tennis courts and community signs, etc., may be used used for all future properties listings for the original client [Client]. It is [Client] responsibility to make sure the amenities are available during the appointment.

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. Although rare, there may be a delay of up to 90 days in getting this clearance, prior to Aerial/Drone services being done. Mark Jacobs Productions will take all necessary steps to get authorization prior to the scheduled appointment but make no guarantee that this clearance will be granted. No clearance means Aerial/Drone operations will not be conducted. Period. Wind and weather conditions also play a major factor in drone operations. Mark Jacobs Productions holds the exclusive right to determine whether wind and/or weather conditions provide safe flight conditions for drone operations. Mark Jacobs Productions offers no guarantee that drone operations can be provided at any given time. Rescheduling may occur. Any Aerial/Drone services that are not conducted due to issues with authorization, wind or weather will be fully refunded or removed from final invoice.

Right to Refuse: Mark Jacobs Productions reserves the right to refuse service at any time for any reason. At any time Mark Jacobs Productions can terminate the relationship with or fire a client for overdue invoices, poor communication, unreasonable request, or bad attitudes.

MLS's Terms:
In consideration of [Client] payment of Mark Jacobs Productions fee for creating, preparing and delivering the (photographs/drawings/renderings) to [Client], Mark Jacobs Productions grants to [Client] a royalty-free limited time license to use the (photograph/drawing/rendering) in the (Customer/Real Estate Professional) (Board’s/MLS’s) compilations of properties (active and sold) and in marketing of the property by [Client]. Image usage rights are nontransferable to any third party or any third party syndication site. Mark Jacobs Productions cannot be required to transfer ownership rights (including intellectual property rights) in their listings to the MLS to obtain or maintain participatory rights except that MLSs may require participants to grant the licenses necessary for storage, compiling, and distribution of listings and listing information to the extent necessary to fulfill the defined purposes of MLS. Mark Jacobs Productions will retain all copyrights, but the agent may purchase a royalty-free non-exclusive perpetual, worldwide license to, sublicensable and transferable license to use, reproduce, modify, resize, adapt, prepare derivative works of, distribute, and display the Images for any lawful purpose, and to modify for an additional fee.

Indemnity:
In no event shall Mark Jacobs Productions be held liable for any damages incurred by [Client] or to the property. In no event shall Mark Jacobs Productions be liable for any special, incidental, indirect, punitive, exemplary, or consequential damages. [Client] agrees to indemnify, defend and hold harmless Mark Jacobs Productions from and against any and all third party claims, losses, liabilities, damages and expenses, including attorneys fees, resulting from [Client] act or omission under or related to this Agreement.

Cancellation & Rescheduling:

If this is your first time ordering you will need to call or text us to cancel or reschedule.

Rescheduling Fee:

There is no fee to reschedule a shoot with a 24-hour notice. For shoots rescheduled with less than 24-hours, a $75 rescheduling fee will be added to the invoice.

Cancellation Fee:

Orders can be canceled for any reason with a 24-hour notice Monday thru Thursday. There is a processing fee of 2.9% + 30 for all refunds. Shoots scheduled for Mondays need to be canceled by Friday 5 pm (Saturday and Sunday are non business days). For orders canceled with less than a 24-hour notice, Mark Jacobs Productions charges 50% of the total shoot cost. This will show as a line item on the invoice. If, a shoot is rescheduled with less than a 24-hour notice, then canceled with a 24-hour notice. The shoot will be invoiced at 50% of the total shoot.

Expenses:
Travel expenses such as airfare, rental car, hotel, parking, shipping, or destination fees (if any) must be reimbursed to the photographer and will be added to the balance due. Travel fees will be estimated in the initial payment total whenever possible. Clients are responsible for all location fees and permits.

Governing Law:
This Agreement shall be governed by the law of the North Carolina without reference to its rules relating to choice of law.

Entire Agreement:
This agreement contains the entire understanding between the Mark Jacobs Productions and the [Client]. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

By booking any services with Mark Jacobs Productions you are agreeing to be bound by these terms and conditions. You are also acknowledging that such agreement constitutes a binding contract between [Client] and Mark Jacobs Productions.