Journey Visual Arts
Real-Estate Services Terms of Service
1. Overview / Agreement
By booking photography services with Journey Visual Arts ("we," "us," or "Photographer"), you (“Client”) agree to the following Terms of Service. These terms set expectations, responsibilities, and the framework for our work together. Please read carefully before booking.
2. Appointment & Property Readiness
· The property must be fully prepared by the scheduled appointment time: lights on, clutter removed, all areas accessible, and windows/shades open as desired.
· The Client is responsible for arranging access (coordinating with tenants, contractors, sellers, etc.).
· If a Great Plains Regional MLS lockbox is present, an on-site representative is not required, as Journey Visual Arts is an Affiliate Member in good standing with the Realtors Association of Lincoln.
· We will not move furniture, stage rooms, or perform cleaning or repairs.
· If the property is not ready upon arrival, a same-day rescheduling fee of $50 applies.
· We strive to adhere to scheduled times, but may adjust slightly due to travel logistics or other constraints.
3. Business Hours & Off-Hour Shoots
· Our standard business hours are posted on our site.
· Shoots requested outside these hours may be accepted if scheduling allows—but could incur an additional fee (to be quoted at booking).
4. Cancellations & Weather Policy
· You may cancel or reschedule your appointment up to one day before the shoot without penalty.
· Same-day cancellations or reschedules will incur a $75 fee.
· Weather-related rescheduling is allowed without charge, provided the request is made at least 24 hours in advance.
· If adverse weather arises during the session, we reserve the right to pause or reschedule remaining services without additional cost.
5. Turnaround Time & Rush Services
· Standard photo delivery is by the end of the next business day. We will make every effort to inform clients in advance should more time be required or if the project would require a delayed delivery date.
· If you request same-day photo rush, it may be available (depending on scheduling) for $80.
· For video or other media, standard rush options may be limited by availability and will be quoted by project.
6. Photo / Media Editing & Revisions
· Supplemental lighting may be used during photography in combination with available natural light. As a result, some color variation may occur due to lighting conditions. Every reasonable effort will be made to provide accurate color and lighting, but no guarantee is made regarding exact color or lighting accuracy. Additional editing requests may be completed for an additional fee.
· Major retouching, compositing, or special edits must be requested at booking.
· Additional edits or revisions after delivery incur a $50 minimum re-edit fee; complex modifications may cost more.
· RAW image files, unedited footage, project files, and other source materials remain the exclusive property of Journey Visual Arts and are not included in any package unless expressly agreed to in writing.
· Delivery of the final media constitutes acceptance of the completed work unless the Client reports a technical issue within five (5) business days.
7. Travel & Property Size Fees
· Our base service includes travel within a reasonable radius of Lincoln, Nebraska.
· For jobs beyond that radius, notification of travel fees will be made at booking.
· Larger homes (by square footage or complexity) may incur additional surcharges; such fees will be disclosed during booking.
8. Media Rights & Licensing
· We retain all copyrights and ownership rights to all photographs, videos, floor plans, drone imagery, and other media created by Journey Visual Arts.
· No license or usage rights are granted until payment has been received in full. Upon full payment, the Client is granted a limited, non-exclusive, non-transferable license to use the delivered media solely for marketing and promotion of the specific property, project, or purpose for which the media was originally commissioned.
· Unless expressly authorized in writing by Journey Visual Arts, the Client may not:
o Edit, alter, manipulate, or create derivative works from the delivered media.
o Apply filters, color grading, cropping (except for standard social media aspect ratios), or other visual
modifications that materially change the appearance of the media.
o Utilize artificial intelligence (AI) or machine learning tools to modify, enhance, generate, expand, replace, or otherwise alter any portion of the media.
o Perform, commission, or distribute media that has undergone virtual staging, virtual renovation, object removal or addition, sky replacement, weather modification, generative fill, AI enhancement, or any other digital manipulation without prior written approval from Journey Visual Arts.
o Remove watermarks, logos, or copyright notices.
o Sell, sublicense, transfer, assign, or provide the media to any third party (including builders, designers, contractors, stagers, architects, marketing firms, or other agents) without prior written permission from Journey Visual Arts.
· Any requested editing, virtual staging, AI enhancement, or other modification must be performed by Journey Visual Arts or specifically authorized in writing. Such services may require additional editing fees and/or an expanded licensing agreement.
· Unauthorized modification or use beyond the scope of this license constitutes copyright infringement and may result in immediate termination of the license, additional licensing fees, removal requests, and any other remedies available under applicable copyright law.
· The Client may not upload or submit the delivered media to any artificial intelligence system, dataset, or model for training, analysis, generation, or similar purposes without prior written consent from Journey Visual Arts.
· Media may not be reused for future listings, new ownership, rebranding, or marketing of a different property without obtaining a new license from Journey Visual Arts.
· Final media will be delivered electronically through an online gallery or download link. Journey Visual Arts will maintain the online download gallery for thirty (30) days. After that time, the media will be archived for up to one (1) year. Clients should download and back up all delivered files promptly. A file restoration and re-delivery fee of $15–$50 may be charged to restore the media for download if required following their archival.
9. Portfolio Use & Promotion
· We reserve the right to use any media created for our promotional purposes, including our portfolio, website, social media, advertising, competitions, and marketing materials.
· The Client may also post media on their platforms (e.g. listing websites, social media) during the active marketing period of the property.
10. Property Owner & Permission
· The Client must hold the necessary permissions from the property owner to allow photography.
· If neighboring properties or visibility is a concern, additional consent may be required, and we may request written assurances or waivers.
· If floor plans are being produced, consent from the property owners must be obtained prior to the shoot. Your photographer will provide a form or you may provide an email detailing consent directly from the homeowner.
11. Payment Terms & Late Fees
· Full payment is due upon delivery of the final media.
· Deliverables will remain locked or withheld until payment is received.
· Late payments may be subject to a fee of $20 per week.
· We reserve the right to withhold future services or notify third parties (e.g. brokerages) of outstanding invoices.
· Other payment schedules must be agreed to in writing prior to the photoshoot.
12. Liability, Indemnity & Client Responsibilities
· We are not liable for any damage, theft, or loss arising from property condition, access issues, or environmental hazards.
· The Client agrees to indemnify and hold us harmless from claims, losses, liabilities, or expenses arising from services provided (except for willful misconduct or gross negligence on our part).
· In no event shall Journey Visual Arts' liability exceed the amount paid by the Client for the services giving rise to the claim.
· The Client is responsible for disclosing hazards (e.g. pets, pets’ behavior, unsafe stairs, broken fixtures) to us prior to the shoot.
13. Force Majeure / Unforeseen Events
· We are not responsible for delays or failure to deliver services due to circumstances beyond our control (including but not limited to natural disasters, illness, equipment failure, government restrictions, or severe weather).
· Certain aerial services may be modified, delayed, or canceled if weather conditions, temporary flight restrictions, FAA regulations, or other safety considerations prevent safe operation. Any such determination shall be made at the sole discretion of Journey Visual Arts.
14. Written Exceptions
· Any exception to these Terms must be agreed to in writing by Journey Visual Arts.
· Verbal authorization does not modify this Agreement.
15. Governing Law & Severability
· This agreement will be governed by and construed under the laws of Nebraska.
· If any part of these terms is found invalid or unenforceable, the remaining provisions will remain in full effect.
16. Updates to These Terms
· We reserve the right to update or revise these Terms of Service at any time.
· The version in effect at the time of booking will apply.
17. Questions / Contact
If you have any questions about these terms, media usage, or your rights, please reach out to:
Journey Visual Arts
Email: info@journeyvisualarts.com
Phone: 402-610-3506
