Terms of Service

1. Scope of Services

Elevated Media & Design provides professional real estate media services, including but not limited to:

• Real estate photography

• Videography

• FAA Part 107 drone media

• 3D tours

• Floor plans

• Related marketing content

Specific services, pricing, and deliverables shall be defined at the time of booking or through written confirmation.

All services are performed using professional discretion and creative judgment. Client acknowledges that results may vary depending on property condition, lighting, weather, environmental limitations, and other external factors.

2. Booking, Scheduling & Access

A. Confirmation

Bookings are confirmed upon acceptance through the Company’s scheduling system or written

confirmation.

The Company’s Booking & Cancellation Policy, as published or communicated at the time of booking, is incorporated herein by reference and forms part of this Agreement.

B. Property Access & Authority

Client represents and warrants that:

• They have full legal authority to authorize media production at the property;

• Necessary permissions from owners, tenants, or associations have been obtained;

• The property is safe and accessible at the scheduled time.

The Company shall not be liable for delays, access issues, or claims arising from lack of authorization.

3. Property Readiness

Client is responsible for ensuring the property is prepared for media capture.

The Company is not responsible for:

• Cleaning

• Staging

• Rearranging furniture

• Removing personal property

If the property is not ready upon arrival, the Company may:

• Proceed at its discretion, or

• Terminate the appointment and apply applicable cancellation fees.

4. Cancellations & Rescheduling

Cancellation and rescheduling policies shall be governed by the Company’s published Booking & Cancellation Policy.

Late cancellations, same-day rescheduling, or no-shows may result in fees.

Drone and exterior services may be rescheduled at the Company’s sole discretion due to weather, safety concerns, or FAA restrictions.

Safety and regulatory compliance take precedence over scheduling convenience.

5. Payment Terms

Payment terms will be specified at booking.

Unless otherwise agreed in writing:

• Payment is due upon invoice or delivery;

• License rights are granted only upon full payment;

• Unpaid invoices may result in suspension or termination of license rights.

Client shall not use delivered media if payment remains outstanding.

The Company reserves the right to pursue collection of unpaid balances, including reasonable attorneys’ fees and costs as permitted under North Carolina law.

6. Media Ownership & License

A. Copyright Ownership

All media produced by the Company remains the intellectual property of Elevated Media & Design under United States Copyright Law.

B. Limited License

Upon full payment, Client receives a limited, non-exclusive, non-transferable license to use delivered media solely for marketing the specific property for which the media was created.

License includes use on:

• MLS platforms

• Real estate websites

• Brokerage marketing channels

• Social media marketing

C. Restrictions

Media may not be:

• Sold

• Transferred to another agent

• Reused for future listings

• Altered in a manner that misrepresents the property

Any expanded or commercial use requires written permission.

License rights automatically terminate upon material breach, including non-payment.

D. Portfolio Use

Unless otherwise agreed in writing, the Company retains the right to use media for:

• Portfolio display

• Website content

• Social media

• Marketing and promotional materials

7. Acceptance of Deliverables

Client must notify the Company of technical defects within three (3) business days of delivery.

Failure to provide written notice within this timeframe constitutes acceptance of deliverables.

The Company’s sole obligation for verified technical errors shall be correction or reasonable reprocessing of affected media.

8. Drone Operations & FAA Compliance

All drone services are conducted in compliance with FAA Part 107 regulations.

Client acknowledges:

• Certain properties may fall within restricted airspace;

• FAA authorization cannot be guaranteed;

• Weather and safety conditions may prohibit flight.

The Company reserves sole discretion regarding safe and lawful drone operation.

9. No Guarantee of Marketing Outcomes

The Company makes no guarantees regarding:

• Listing performance

• Number of showings

• Sale price

• Time on market

• Marketing effectiveness

Services are provided as creative and technical media services only.

10. Disclaimer of Warranties

Services are provided “as is” without warranties of any kind, express or implied, including but not limited to:

• Implied warranties of merchantability

• Fitness for a particular purpose

• Non-infringement

11. Limitation of Liability

To the fullest extent permitted by North Carolina law:

The Company shall not be liable for:

• Indirect, incidental, special, or consequential damages

• Lost profits or business opportunities

• MLS rejections

• Third-party misuse of media

• Marketing performance outcomes

Total liability shall not exceed the total amount paid for the specific service giving rise to the claim.

12. Indemnification

Client agrees to indemnify, defend, and hold harmless Elevated Media & Design from any claims, damages, or liabilities arising from:

• Lack of property authorization

• Unsafe property conditions

• HOA violations

• Unauthorized media use

• Third-party claims related to property access

This indemnification obligation survives termination of this Agreement.

13. Independent Contractor Status

Elevated Media & Design operates as an independent contractor. Nothing in this Agreement creates an employment, partnership, joint venture, or agency relationship between the parties.

14. Force Majeure

The Company shall not be liable for delays or failure to perform due to events beyond reasonable control, including but not limited to:

• Severe weather

• FAA restrictions

• Equipment failure

• Government actions

• Labor disruptions

• Natural disasters

• Pandemics

15. Governing Law & Venue

This Agreement is governed by the laws of the State of North Carolina.

Exclusive jurisdiction and venue for any dispute shall lie in the state or federal courts located in North Carolina.

16. Severability

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.

17. Modifications

The Terms in effect at the time of booking shall govern the services provided.

The Company reserves the right to update these Terms for future bookings.