Focal Point Real Estate Media

Terms of Service

These Terms govern the services provided by Focal Point Real Estate Media to real estate agents who list residential properties. By booking our services, the client agrees to comply with and be bound by the following terms.

Home Preparation - To facilitate a smooth photography session and ensure best results, the property must be photo-ready before the photographer arrives. This includes all cleaning, staging, and de-cluttering. We kindly request that you provide our Home Preparation PDF to your seller in advance and discuss the importance of having the property ready to show it in it’s best light. The prep sheet can be downloaded from our website.

Special Property Details - We value your input regarding any important features to be captured while we are on-site. If you have input, please add any notes you have in the "Comments" section of your order, or meet the Photographer/Videographer and discuss this at the beginning of the appointment. Absent of advance input, the Photographer will use their best judgment and experience to decide which shots and angles will best highlight the property.

Order Details & Accuracy- Our price for residential listing media is based on the square footage range of the property, which impacts the length of time we spend at each appointment. Please be sure you have given us the correct square footage for the home.  We reserve the right to update incorrect information and adjust the pricing of the order to accurately reflect the size of the home (e.g., if the client enters that the property is 1400 square feet, but it is actually 2100 square feet).

Rescheduling - Rescheduling requests must be made 24+ hours prior to the scheduled session. We will accommodate rescheduling based on availability.

Cancellation - 24 hours’ notice is required for cancellation. This can be done from your account at our online booking portal or from your confirmation email. If a video or photo shoot appointment is canceled within the last 24 hours prior to the appointment, a 25% booking fee will be assessed and invoiced on the total booked. Bookings cancelled within 3 hours of a shoot or on location will be assessed and invoiced at 60% of the total of services booked and any mileage incurred at 60 cents per mile from our home base. Appointments cancelled more than 24 hours in advance are not subject to a cancellation fee.

Property Access - The Client is responsible for providing access to the property at the scheduled time. If the Photographer is unable to access the property, it will be considered a same-day cancellation.

Media Delivery -  Images will be delivered electronically and include both MLS-sized photos, which are suitable for various online platforms such as blogs, websites, and Facebook, as well as larger files suitable for 8” x 10” printing. We strive to deliver photos, floor plans, and 3D tour links within 24 hours after the property is shot. We aim for video delivery within 2-3 days.

Payment. Payment can be made online at the time of booking. We also accept physical checks on-site at the time of the shoot. Payment is due when you receive email notification that your images are ready for delivery, and is made on the delivery page before you download your media, if not previously paid. Images are only licensed for usage upon receipt of full payment. All fees and expenses payable for services the Client has ordered are due and payable irrespective of whether the Client makes use of the media.

Area of Service - Shoots requested outside of a 30 Mile Radius (one way) from our home base in South Orlando may be subject to a mileage surcharge. This will be discussed with you and/or noted for you during booking before you complete your order.

Weather Policy - There will be times when services cannot be completed due to weather. In those circumstances, the decision about shooting is up to the agent. If the agent chooses to proceed with photography, we will provide the best images we can. We will replace gray skies with blue in outdoor photos. There is no charge for weather postponements. We will schedule a pick-up shoot for the exteriors or drone shots.

Tenant Occupies Properties -  Focal Point Real Estate Media cannot be held responsible for any areas not photographed due to being denied access by tenants. If a tenant declines access to the entire property, it will be considered an on-site cancellation. Please ensure the tenant has been notified and is ready for the shoot. Ideally, either the agent or the owner should be present for the shoot.

Floor Plan Notice - All Interactive Floor Plans, Interactive Site Plans, and Schematic Floor Plans are for illustrative purposes. They are intended to convey the concept and vision for the property/apartments/houses. Floor plans are intended to give a general indication of the layout only. All images and dimensions are not intended to form part of any contract or warranty. The Client or Buyer is to verify measurements independently.

Rights and Licensing - Shelby V Green (DBA Focal Point Real Estate Media) retains rights, ownership, and copyright for all images and video produced. 

Residential real estate clients of Focal Point Real Estate Media will be granted a license that covers their use of all media produced. The Client is granted a limited, non-exclusive, non-transferable license to reproduce, publicly display, and distribute the Media for promotional or advertising purposes directly related to the sale of the property, and also for the licensed agent Client’s use after the sale, solely in connection with and to promote their residential real estate sales business. This license is granted only to the AGENT/TEAM who has requested the photo/video shoot. THIRD PARTY USAGE AND OTHER COMMERCIAL USAGE, including, but not limited to, architects, builders, stagers, designers, publications, sellers or buyers, is prohibited unless approved in writing by Focal Point Real Estate Media. (Note: If your listing expires, it is a copyright violation for another agent to use the photos you commissioned without the permission of Focal Point Real Estate Media). 

Media may be uploaded to any listing service solely for promotion of the property sale during the listing period and may be retained by the agent’s MLS service as a non-severable component of their listing compilation record. However, regardless of any terms of service of the listing services, at no time does this agreement provide the Client with the right to transfer copyright or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106. 

Media may contain copyright management information at the discretion of Shelby Green (DBA Focal Point Real Estate Media) in the form of either: a copyright notice; and/or other copyright and ownership information embedded in the metadata or elsewhere. Removing and/or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA). 

Relationship of the Parties - The parties agree that Shelby V. Green (dba. Focal Point Real Estate Media) is an independent contractor and shall not be deemed to be an employee of the Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these terms of service. The Client is not authorized to act as an agent or bind Shelby V. Green (dba. Focal Point Real Estate Media). 

Shelby V. Green (dba. Focal Point Real Estate Media) and the Media or any other deliverables prepared by Shelby V. Green (dba. Focal Point Real Estate Media) shall not be deemed a work for hire as defined under Copyright Law.

Commercial media clients (e.g., commercial brokers, builders, and architects), please refer to the agreed-upon copyright/licensing terms in your contract/licensing agreement.