
Terms of Service
The agreement between you and Shoot2Sell.
Plain English Summary
This page is the legal contract. Here are the practical points most clients care about β written in plain language. The full 27-section terms below are what governs the relationship.
- Booking & paying: you book us, we shoot, you pay before we deliver. Standard turnaround is 24 hours after the shoot.
- Property access: you confirm we have permission to enter, even if no one is on site. We're not responsible for arming alarms or relocking every door.
- Who shows up: a vetted Shoot2Sell photographer or drone pilot β every one passes a background check before being authorized to work on our behalf.
- Reschedule / cancel: free more than 4 hours before the shoot. Late cancellation or property-not-ready costs $49.
- Weather / drone / safety: we use professional judgment to delay or skip shots that aren't safe or won't look good. We'll come back for outdoor shots if weather ruined them.
- Photo usage: we keep copyright. You get a license to use the images for the listed purpose (residential = until property sells; commercial = perpetual for your own marketing). No reselling or transferring to other agents/properties.
- Edits: 15 minutes of corrections within 7 days = free. Beyond that = $100/hr.
- Privacy: we may use shot work in our own portfolio unless you tell us otherwise at booking.
- Disputes: we try mediation first; courts are Collin County, TX. Pandemics, weather, internet outages = neither side at fault.
- When this contract takes effect: the moment you book / hold an appointment, share property access, receive any deliverable, or pay β whichever happens first. Booking the shoot is enough to bind both sides.
See also: Privacy Policy Β· Booking Policy Β· Usage Rights Guide.
Full Terms of Service
1. Services Covered
These Terms apply to all Shoot2Sell services, including but not limited to photography, video, drone photography or videography, Matterport or 3D tours, floor plans, virtual staging, virtual editing, twilight services, and neighborhood or amenity media.
2. Authority to Book and Permission to Access
Client may book services for Client's own property or for another person's property. By booking, Client represents and warrants that Client has full authority and permission to authorize Shoot2Sell to enter, photograph, film, scan, and otherwise capture media at the property and any authorized surrounding areas.
Client is responsible for obtaining any necessary permissions from owners, occupants, tenants, builders, agents, brokers, associations, property managers, or other authorized parties.
Client is also responsible for ensuring the property owner, listing broker, property manager, builder, tenant, or other authorized party has approved Shoot2Sell's entry and services, whether or not any representative is physically present during the appointment.
Shoot2Sell may rely on the booking party's representation that all required permissions and approvals have been obtained. Shoot2Sell has no independent duty to investigate ownership, occupancy rights, boundary lines, neighbor consent, HOA restrictions, or disputes among owners, agents, tenants, or other third parties.
Shoot2Sell is entitled to rely conclusively on the booking party's instructions unless and until Shoot2Sell receives written notice of a dispute, and even then Shoot2Sell shall have no duty to investigate the merits of that dispute or to continue services unless and until the dispute is resolved to Shoot2Sell's satisfaction.
3. Property Readiness
The property must be fully ready for the shoot at the scheduled appointment time. Client is solely responsible for preparing the property, including cleaning, decluttering, staging, turning lights on or off as needed, and ensuring utilities, including electricity and climate control where reasonably necessary, are active and functioning.
Client is also responsible for securing pets and ensuring the property is reasonably safe and accessible.
Shoot2Sell does not provide cleaning, staging, decluttering, or property preparation services unless separately agreed in writing. For safety and liability reasons, Shoot2Sell personnel are not required to move furniture, dΓ©cor, personal property, valuables, or other items.
4. Unaccompanied Access and Property Exit
Client acknowledges that Shoot2Sell may enter and perform services at the property without Client, owner, tenant, or agent being physically present, if access has been authorized by the booking party. Client is responsible for ensuring Shoot2Sell has lawful access and any needed approval to enter the property, including through lockbox, keypad, gate code, property manager, builder representative, or similar means.
Client is also responsible for providing clear access and exit instructions. Unless otherwise agreed in writing, Shoot2Sell is not responsible for arming alarm systems, locking every entry point, resetting thermostats, or otherwise restoring the property to any particular post-shoot condition beyond using reasonable care while on site.
5. Access, Delay, and Property Not Ready
Client is responsible for providing timely and working access to the property, including gate codes, lockbox codes, keys, parking instructions, and any necessary approvals.
If the property is not accessible, not ready, or the shoot cannot begin on time for reasons outside Shoot2Sell's control, Shoot2Sell will wait up to 20 minutes. After that time, the appointment may be canceled or terminated and a $49 cancellation fee will apply.
If Shoot2Sell is still able to continue later, any continuation or return visit will be subject to scheduling availability and may incur additional fees.
6. Cancellation and Rescheduling
Appointments may be canceled or rescheduled without fee if notice is given at least 4 hours before the scheduled shoot time, except where a trip charge or travel fee applies.
If a trip charge or travel fee applies, at least 24 hours' notice is required to cancel or reschedule without that charge.
7. Weather, Exterior Conditions, and Lighting
Shoot2Sell may delay, modify, reschedule, or cancel any portion of a shoot affected by weather, lighting, safety concerns, legal restrictions, access limitations, or other conditions outside our control. This includes exterior photography, twilight shoots, drone services, and any shoot where sun position, shadows, glare, cloud cover, rain, wind, heat, or similar conditions materially affect safety or quality.
Shoot2Sell will use professional judgment in deciding whether conditions are suitable.
8. Drone Services
All drone operations are subject to pilot judgment, legal restrictions, weather, airspace limitations, safety concerns, privacy concerns, and site conditions. Client may request desired outcomes or preferred angles, but Shoot2Sell has sole discretion over whether and how any drone image or video is captured.
Shoot2Sell may refuse any requested drone shot that may create safety, legal, regulatory, privacy, trespass, nuisance, or third-party property concerns. No specific drone shot is guaranteed.
Client acknowledges that lawful drone operations and exterior photography may incidentally show adjacent lots, neighboring structures, fences, streets, or other surrounding features visible from lawful vantage points.
Shoot2Sell is not responsible for disputes between Client and any owner, neighbor, occupant, association, or third party regarding boundary lines, visibility of adjacent property, privacy objections, or similar property-related disagreements arising from a shoot requested by Client, except to the extent caused by Shoot2Sell's own unlawful conduct, gross negligence, or willful misconduct.
9. Community Amenities and Neighborhood Views
Client may request photographs or video of nearby amenities, neighborhood features, parks, pools, trails, retail areas, clubhouses, entrances, or similar surrounding features. Such images are provided on a best-efforts basis only and are not guaranteed.
Capture of these areas depends on lawful access, permission where required, weather, lighting, traffic, crowd levels, management or HOA restrictions, safety conditions, time available, and Shoot2Sell's professional judgment.
Client is responsible for identifying desired amenities in advance and for obtaining any permissions or approvals that may be required for restricted-access or privately controlled locations.
Shoot2Sell is not responsible for third-party objections, access denials, or property-related disputes arising from community or neighborhood shots requested by Client, except to the extent caused by Shoot2Sell's own unlawful conduct, gross negligence, or willful misconduct.
10. Turnaround and Delivery
Standard turnaround is approximately 24 hours after the end of the shoot, excluding virtual staging projects and subject to workload, holidays, technical issues, and circumstances outside Shoot2Sell's control.
Virtual staging turnaround is typically 2 business days after Client identifies the image or images to be staged and the requested staging style. Larger projects, revisions, or specialty requests may require additional time.
Rush delivery may be available for an additional fee.
Delivery will be made electronically by the method selected by Shoot2Sell unless otherwise agreed.
11. Payment Terms
Payment is due before delivery of final media unless Shoot2Sell agrees otherwise in writing. Shoot2Sell may withhold delivery until all amounts due are paid in full.
Any failed payment, declined payment, reversed payment, or similar processing issue may result in an additional $35 fee, in addition to any other amounts owed.
12. Editing and Revisions
Basic edits are included, and up to 15 minutes of reasonable post-delivery correction requests are included at no extra charge if reported within the time allowed below.
Additional editing, extensive revisions, subjective re-edit requests, or requests exceeding the included 15 minutes will be billed at $100 per hour.
Any technical issue, omission, or correction request must be reported within 7 days after the shoot date. After that time, Shoot2Sell may no longer have the RAW files or project materials necessary to make changes.
13. Copyright Ownership
All photographs, videos, scans, floor plans, drone media, virtual staging outputs, and all other media created by Shoot2Sell remain the sole property and copyrighted work of Shoot2Sell unless Shoot2Sell expressly agrees otherwise in writing.
Booking, payment, and delivery do not transfer copyright ownership.
14. Residential License
For residential shoots, Shoot2Sell grants the booking Client a limited, non-transferable license to use the delivered media solely to market that specific property. This license includes use in MLS, Zillow, real estate portals, social media, flyers, brochures, website listings, and email marketing related to that property.
This residential license expires once the property is sold. The media may not be sold, relicensed, transferred, assigned, reused for another listing, or reused by another agent, broker, owner, vendor, or third party without Shoot2Sell's prior written approval.
15. Commercial License
For commercial shoots, Shoot2Sell grants the booking Client a limited, non-transferable, perpetual license to use the delivered media for Client's own business and marketing purposes.
Commercial media may not be sold, relicensed, assigned, or transferred to any other person or entity without Shoot2Sell's prior written approval.
16. No Unauthorized Transfer or Reuse
Unless Shoot2Sell approves otherwise in writing, no delivered media may be transferred to another listing agent, broker, homeowner, builder, designer, stager, vendor, publication, or other third party for their own use.
Any unauthorized use, reuse, resale, distribution, transfer, or publication outside the granted license is prohibited and may result in additional licensing fees, takedown demands, or legal enforcement.
16A. Disputed Authority; Disputed Usage Rights
If Shoot2Sell receives conflicting instructions, a competing claim, a takedown demand, a licensing objection, or any notice of dispute regarding ownership, occupancy, listing authority, agency authority, management authority, access rights, or rights to use or control the media, Shoot2Sell may, in its sole discretion and without liability, suspend performance, withhold delivery, disable galleries or download access, decline transfer or relicensing requests, refuse further edits or distribution, and require written confirmation, releases, or a written resolution satisfactory to Shoot2Sell before taking any further action.
Shoot2Sell has no duty to determine which person or entity is legally entitled to authorize services, direct the shoot, receive the media, control the listing, approve use of the media, or demand transfer, takedown, or continued publication. Shoot2Sell may maintain the status quo while any such dispute exists and may rely on court orders, written settlement agreements, or matching written instructions from all affected parties before acting.
Any delay, suspension, refusal, limitation, or hold placed by Shoot2Sell under this Section shall not constitute breach, non-performance, conversion, interference, or wrongful withholding, and Client waives any claim arising from Shoot2Sell's good-faith effort to avoid becoming involved in a third-party dispute.
17. Portfolio and Promotional Use
Shoot2Sell may use delivered media for its portfolio, website, social media, advertising, samples, and other self-promotional purposes unless Client expressly requests privacy before or at the time of booking.
If a privacy request is accepted, Shoot2Sell will refrain from public marketing use of the media. Client understands that privacy requests do not require Shoot2Sell to monitor or remove lawful third-party uses beyond Shoot2Sell's own public marketing channels.
18. Client Responsibilities and Warranties
Client represents and warrants that:
- Client has authority to authorize the shoot and grant access.
- Entry to the property is lawful and permitted.
- The property is reasonably safe for Shoot2Sell personnel.
- Utilities, including electricity and climate control where reasonably necessary, will be available unless otherwise disclosed.
- Any special requests, restricted areas, required amenities, or must-have shots will be communicated before the shoot.
- Sensitive, private, confidential, or valuable items Client does not want visible have been removed or secured before the shoot.
19. Right to Refuse or Stop Services
Shoot2Sell may refuse, suspend, or terminate services at any time if conditions are unsafe, unlawful, inaccessible, or materially different from what was represented. This includes, without limitation, aggressive or unsecured animals, construction hazards, biohazards, illegal activity, harassment, blocked access, unsafe structures, and excessive interior heat caused by inactive utilities or climate control.
In such cases, Shoot2Sell may treat the appointment as canceled and charge applicable fees.
20. Client Direction; No Duty to Resolve Third-Party Disputes
Client may identify the property, areas of focus, and desired outcomes for the shoot, but Shoot2Sell retains sole discretion over how services are performed, including camera placement, angles, flight paths, timing, sequencing, and whether any requested image, video, scan, or other media can be captured.
Client acknowledges that Shoot2Sell may be invited onto or around a property at the request of an agent, owner, tenant, builder, manager, broker, assistant, property representative, or other person claiming authority. Shoot2Sell may rely on the booking party's representations regarding access, authority, permissions, approvals, and scope of work, and has no duty to independently investigate or confirm ownership, occupancy rights, listing authority, management authority, boundary lines, neighbor consent, HOA or association restrictions, privacy objections, or competing claims among owners, agents, tenants, managers, neighbors, associations, or other third parties.
Shoot2Sell is not a party to, and has no responsibility to mediate, adjudicate, verify, or resolve, any dispute regarding property access, permission, authority to order services, authority to grant entry, authority to use media, boundary lines, privacy concerns, neighboring visibility, amenity access, listing rights, marketing rights, or similar third-party disagreements arising from or related to a shoot requested by Client.
If Shoot2Sell becomes aware of a claimed dispute, conflicting instruction, objection, or uncertainty regarding authority, access, scope, licensing, or permitted use, Shoot2Sell may, in its sole discretion and without liability, refuse, suspend, limit, delay, or terminate services, withhold delivery, disable access, decline relicensing, or require written confirmation or mutual written instructions from affected parties before proceeding. Any resulting delay, interruption, rescheduling, refusal, or non-delivery shall not constitute breach by Shoot2Sell.
Client remains solely responsible for obtaining and maintaining all permissions, approvals, consents, and authorizations required for the requested services and intended use of the media.
21. Indemnification; Defense of Third-Party Claims
Client agrees to defend, indemnify, and hold harmless Shoot2Sell Photography Inc. and its owners, officers, employees, contractors, pilots, editors, subcontractors, and agents (collectively, the "Shoot2Sell Parties") from and against any and all third-party claims, demands, complaints, actions, suits, investigations, damages, judgments, settlements, liabilities, losses, fines, penalties, costs, and reasonable attorneys' fees arising out of or related to:
- Client's breach of these Terms;
- Client's lack of authority to authorize access, photography, filming, scanning, drone operations, or other services at the property or surrounding areas;
- Client's failure to obtain any required permission, consent, waiver, clearance, approval, or authorization from any owner, occupant, tenant, broker, manager, builder, association, neighbor, or other third party;
- Client's requested shoot scope, requested angles, requested neighboring views, requested amenity or community shots, requested areas of emphasis, or requested use of the media;
- claims by owners, occupants, tenants, neighbors, associations, managers, brokers, agents, builders, homeowners, or other third parties relating to permission, privacy, trespass, nuisance, access, boundary lines, neighboring visibility, listing rights, marketing rights, occupancy rights, authority to order services, authority to grant access, or authority to use the media, to the extent arising from or related to the services requested by Client; and
- unsafe, unlawful, hazardous, restricted, or undisclosed site conditions.
Defense mechanics
Shoot2Sell may tender defense of any covered claim to Client by written notice. Upon receipt of that notice, Client shall promptly assume the defense of the claim with counsel reasonably acceptable to Shoot2Sell and shall pay all defense costs as they are incurred. Until Client does so, Shoot2Sell may defend itself and Client shall reimburse Shoot2Sell on demand for all reasonable attorneys' fees, expenses, and other defense costs incurred.
Shoot2Sell may participate in the defense with its own counsel at its own expense, except that Client shall pay the reasonable fees and costs of separate counsel chosen by Shoot2Sell if: (a) Client fails to promptly assume the defense; (b) there is an actual or potential conflict of interest; (c) the claim seeks injunctive relief or other non-monetary relief against any Shoot2Sell Party; or (d) the claim could reasonably affect Shoot2Sell's business practices, licensing rights, reputation, or future operations.
Settlement control
Client may not settle any claim in a manner that admits fault by any Shoot2Sell Party, imposes any obligation on any Shoot2Sell Party, restricts any Shoot2Sell Party's rights, or includes injunctive or non-monetary relief affecting any Shoot2Sell Party, unless Shoot2Sell first consents in writing.
This Section does not require Client to indemnify any Shoot2Sell Party for that party's own unlawful conduct, gross negligence, or willful misconduct, to the extent finally determined by a court of competent jurisdiction.
22. No Guarantee of Outcome
Shoot2Sell does not guarantee any specific business result, including sale price, sale speed, leasing results, marketing performance, viewer traffic, or aesthetic preferences.
Shoot2Sell also does not guarantee that every requested angle, feature, amenity, or exterior condition will be captured if doing so is impractical, unsafe, unlawful, inaccessible, or inconsistent with professional judgment.
23. Archive and File Retention
Shoot2Sell will generally retain delivered client media for up to 1 year from the shoot date. RAW files and similar source materials may be deleted after
7 days from the shoot date.
After 1 year, delivered media may be deleted without notice. Shoot2Sell is not obligated to maintain permanent archives.
24. Limitation of Liability
To the fullest extent permitted by law, Shoot2Sell's total liability arising out of or related to any booking, shoot, media delivery, delay, error, omission, or other claim shall not exceed the total amount actually paid by Client for the specific shoot giving rise to the claim.
Shoot2Sell shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost business opportunities, marketing delays, or reputational harm.
25. Exclusive Remedy
If Shoot2Sell determines that a valid claim exists, Shoot2Sell may choose, as Client's sole and exclusive remedy, to:
- correct the issue if reasonably possible,
- provide a replacement or partial re-shoot if reasonably possible, or
- refund all or part of the amount paid for the affected shoot.
26. Governing Law and Venue
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules.
Any dispute arising out of or relating to these Terms or Shoot2Sell's services shall be brought exclusively in the state or federal courts serving Collin County, Texas, and Client consents to that venue and jurisdiction.
27. Force Majeure
Neither party will be liable for any delay or failure to perform under these Terms caused by events beyond its reasonable control, including but not limited to acts of God, severe weather, natural disasters, fire, flood, pandemic or epidemic, government action or restriction, civil disturbance, war, terrorism, labor disputes, internet or utility outages, equipment supply shortages, or carrier failures.
If a force majeure event prevents Shoot2Sell from completing a scheduled shoot, Shoot2Sell will use reasonable efforts to reschedule. Client's exclusive remedy in such cases is rescheduling or, where rescheduling is not feasible, refund of amounts paid for the affected shoot.
28. Personnel and Vetting
Shoot2Sell services are delivered by personnel engaged by Shoot2Sell, which may include both Shoot2Sell employees and independent contractors. All such personnel act on behalf of Shoot2Sell for the purpose of these Terms, and Shoot2Sell remains the contracting party responsible to Client for service delivery.
Any personnel who attend a client property in person β including photographers and drone pilots β are vetted through a background check before being authorized to perform on-site services. Remote personnel who do not visit client properties (such as post-production editors and back-office staff) may not be subject to the same background-check process.
Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between Client and any individual member of Shoot2Sell's personnel.
29. Privacy
Shoot2Sell's collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By booking services or using shoot2sell.com, Client agrees to the data practices described in the Privacy Policy.
30. Modification of Terms
Shoot2Sell may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. For material changes, Shoot2Sell will provide notice by email to Client's account address, by notification on the next invoice, or by prominent notice on shoot2sell.com.
Continued booking of services after the effective date of any update constitutes acceptance of the updated Terms. The version of the Terms in effect on the date Client first accepts these Terms under Section 34 for a given shoot governs that shoot, unless Shoot2Sell later provides updated Terms and Client thereafter books additional services or otherwise accepts the updated Terms.
31. Dispute Resolution and Mediation
Before filing any lawsuit or formal proceeding, the parties agree to first attempt to resolve any dispute through good-faith negotiation, and if unresolved within thirty (30) days of written notice of the dispute, through non-binding mediation with a mutually agreed mediator located in Collin County, Texas. Mediation costs will be shared equally by the parties.
If mediation does not resolve the dispute within sixty (60) days of commencement, either party may proceed to litigation in accordance with Section 26 (Governing Law and Venue). This Section does not prevent either party from seeking injunctive or equitable relief in court at any time to protect intellectual property or confidential information.
32. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or if not possible, severed from these Terms. All remaining provisions will continue in full force and effect.
33. Entire Agreement
These Terms, together with our Privacy Policy, Booking Policy, and Usage Rights Guide, constitute the entire agreement between Client and Shoot2Sell regarding the services, and supersede all prior verbal, written, or electronic agreements, proposals, or understandings on the same subject.
No oral statement, email, or marketing material modifies these Terms unless expressly agreed by Shoot2Sell in a written amendment signed by an authorized Shoot2Sell representative.
34. Acceptance
Client accepts these Terms by any of the following, whichever occurs first:
- Confirming, booking, or holding an appointment with Shoot2Sell β whether through the shoot2sell.com booking flow, by email, by text or phone, or by any other means;
- Authorizing, allowing, or arranging for Shoot2Sell personnel to enter or access the property (including by sharing lockbox codes, gate codes, keypad codes, keys, or property-manager instructions);
- Receiving any deliverable, image, video, scan, or other media from Shoot2Sell; or
- Paying an invoice issued for the booked services.
Each of the above is independently sufficient to constitute acceptance. These Terms apply to all services performed by Shoot2Sell on Client's behalf from the moment of acceptance through completion of delivery and any post-delivery support.