MARK JACOBS PRODUCTIONS

Terms of Service

Residential Real Estate Photography & Media Services

Effective Date: January 1, 2025  |  Governing Law: State of North Carolina

By booking any services with Mark Jacobs Productions ("Company," "we," or "us"), you ("Client") agree to be bound by these Terms of Service. These Terms constitute a legally binding contract between you and Mark Jacobs Productions. Please read them carefully before placing an order.

 

1. Property Access & Client Authorization

By placing an order, the Client represents and warrants that:

• The Client has full legal authority to grant Mark Jacobs Productions access to the property on the order date.
• All current occupants of the property have been notified of the scheduled appointment in advance.
• No third-party service providers (e.g., cleaners, lawn services, painters, contractors) will be on site during the scheduled shoot time.
• If the property operates as a short-term rental (e.g., Airbnb, VRBO), the Client is responsible for notifying the property management company of the appointment date and time and ensuring the property is vacant of guests and vendors during the shoot.

 

2. Property Readiness & "As-Is" Condition

The Client is solely responsible for ensuring the property is ready to be photographed at the scheduled appointment time. Mark Jacobs Productions photographers will not clean, move furniture, make beds, remove clutter, or otherwise prepare the property. The property will be photographed in its "as-is" condition at the time of the shoot.

 

If a Client representative is not present during the shoot, the photographer's interpretation of the assignment will be deemed acceptable and final. If the Client has specific requirements—such as photographing garages, closets, or other non-standard areas—these must be communicated to Mark Jacobs Productions in writing prior to the scheduled appointment.

 

3. Artistic Style & Creative Interpretation

The Client acknowledges having reviewed Mark Jacobs Productions' portfolio and agrees that services will be performed in a similar style and manner. If the Client requires a style, look, or approach that differs from the portfolio, the Client must contact Mark Jacobs Productions before placing the order. Mark Jacobs Productions will use reasonable efforts to accommodate specific creative preferences communicated in advance.

 

4. Media Rights, Licensing & Usage

4.1 Real Estate Agent License

The Client who pays for services receives a royalty-free, limited, non-transferable license to use the delivered photographs and videos solely for the purpose of marketing the specific listed property through MLS-authorized channels. This license:

• Is valid only for the duration the property is actively listed for sale by the Client.
• Permits display of media to indicate a listing was sold, withdrawn, or expired, and to show the Client was the listing agent, within MLS-authorized platforms only.
• Does not permit use of the media on social media, websites, or in print to promote the Client's brand or services after the property is sold, withdrawn, or expired.
• Does not permit the Client to sell, transfer, sublicense, or give away any media to any third party without prior written consent from Mark Jacobs Productions.
• Does not permit the Client to modify, alter, edit, or have a third party modify any media without prior written permission from Mark Jacobs Productions.

 

Exception: The Client may use a single front exterior photo to display that a property was sold, without purchasing a copyright license.

 

4.2 Extended & Commercial License

Clients who wish to use media for personal branding, social media promotion, websites, or other commercial purposes after a listing has sold, expired, or been withdrawn must purchase a separate royalty-free, non-exclusive, sublicensable, and transferable license from Mark Jacobs Productions. This license permits reproduction, modification, resizing, adaptation, distribution, and display for lawful purposes. Contact Mark Jacobs Productions for pricing.

 

4.3 Other Parties (Builders, Stagers, Designers, Homeowners)

Any use of Mark Jacobs Productions media by parties other than the paying Client is strictly prohibited without prior written approval. Builders, stagers, interior designers, homeowners, and other interested parties must contact Mark Jacobs Productions directly for applicable licensing fees and terms.

 

4.4 Community & Amenity Shots

Photographs of community amenities (e.g., clubhouse, fitness center, golf course, pools, tennis courts, community signage) may be reused by the original Client for future property listings. The Client is responsible for ensuring amenity access is available at the time of the shoot.

 

4.5 Transfer of Listing to Another Agent or Firm

If the listing is transferred to or taken over by another real estate agent or firm, that agent or firm may not use any photographs or videos without obtaining separate written permission from Mark Jacobs Productions.

 

4.6 Mark Jacobs Productions Retained Rights

Mark Jacobs Productions retains all copyrights to all photographs and videos at all times. Mark Jacobs Productions may relicense media after a listing has been sold, expired, or withdrawn from the original Client. Mark Jacobs Productions also retains the right to use any images, videos, or property address in its own electronic or print marketing and promotional materials. These rights are not restricted by any third-party agreements between the Client and other parties.

 

4.7 MLS Compliance

In consideration of the Client's payment, Mark Jacobs Productions grants the Client a license to use delivered media in MLS compilations (current and sold) and in real estate-related advertising, consistent with MLS rules. Mark Jacobs Productions cannot be required to transfer copyright or intellectual property ownership to any MLS as a condition of participation. Mark Jacobs Productions will retain all copyrights. Clients may purchase copyright licenses for an additional fee.

 

5. Digitally Altered Images & Advertising Compliance

Mark Jacobs Productions provides professional image editing services at the Client's direction. The Client acknowledges that various jurisdictions, MLSs, and regulatory bodies have specific and evolving rules regarding the disclosure of digitally altered images.

 

It is the Client's sole responsibility to determine whether any delivered images require disclosure under applicable local laws, professional codes of ethics, or MLS guidelines. By accepting and using delivered images, the Client assumes all liability for proper disclosure and accurate property representation in all marketing materials. The Client agrees to hold Mark Jacobs Productions harmless from any fines, legal actions, or disciplinary measures arising from the Client's use or publication of such images.

 

6. Aerial / Drone Services

All drone operations are regulated by the Federal Aviation Administration (FAA) and are subject to all applicable federal rules and regulations. The following conditions apply:

• Properties within 5 miles of most airports require FAA clearance before any drone services can be performed.
• Drone services are contingent upon receiving required clearances. Clearance processing may take up to 90 days in some cases, though delays of this length are rare.
• Mark Jacobs Productions will take all reasonable steps to obtain authorization prior to the scheduled appointment but makes no guarantee that clearance will be granted.
• If clearance is denied, drone operations will not be conducted and the corresponding service will be fully refunded or removed from the invoice.
• Mark Jacobs Productions holds exclusive discretion to determine whether wind or weather conditions are safe for drone operations. No guarantee is made that drone services can be provided at any given time. Rescheduling may be necessary.
• Any drone services not performed due to authorization issues, wind, or weather conditions will be fully refunded or removed from the final invoice.

 

7. Weather Policy

If inclement weather threatens to affect photography, it is the Client's decision whether to proceed or reschedule. If the Client elects to proceed, exterior shots will not be performed under unfavorable weather conditions. A return trip fee of $65.00 will be charged to complete exterior photography at a later date.

 

8. Single Property Websites

Single property websites are active for twelve (12) months from the date the site goes live. If continued hosting is required beyond the first year, the Client may renew the tour directly from the site activation page in their account.

 

9. Cancellation & Rescheduling Policy

9.1 Rescheduling Fees

The following fees apply to rescheduled appointments:

• No fee: Rescheduled with at least 24 hours' notice.
• $75.00 fee: Rescheduled with less than 24 hours' notice.
• $150.00 fee: Rescheduled on the same day as the shoot.
• If an appointment is rescheduled with less than 24 hours' notice and is subsequently canceled, the Client's 50% booking deposit becomes non-refundable.
• If an appointment is rescheduled three (3) or more times by the Client and is then canceled, the Client's 50% booking deposit becomes non-refundable.

 

9.2 Cancellation Fees

• No fee: Canceled with at least 24 hours' notice, Monday through Thursday. Appointments scheduled for Monday must be canceled by Friday at 5:00 PM (Saturday and Sunday are non-business days).
• 50% of total invoice: Canceled with less than 24 hours' notice.
• 100% of total invoice: Canceled on the day of the shoot after staff has arrived on-site.
• If an appointment is first rescheduled with less than 24 hours' notice and then later canceled with proper notice, the invoice will be charged at 50% of the total shoot cost plus the applicable $75.00 rescheduling fee.
• A processing fee of 3.5% applies to all refunds.

 

First-time clients: Please call or text Mark Jacobs Productions directly to cancel or reschedule your first appointment.

 

10. Payment Terms

A deposit of fifty percent (50%) of the total invoice is due at the time of booking. The remaining balance is due upon delivery of the media for download. Mark Jacobs Productions reserves the right to withhold media delivery until payment is received in full.

 

11. Right to Refuse Service

Mark Jacobs Productions reserves the right to refuse or terminate service to any Client at any time, for any reason, including but not limited to overdue invoices, poor communication, unreasonable requests, or abusive or disrespectful behavior.

 

12. Limitation of Liability & Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARK JACOBS PRODUCTIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING ANY DAMAGE TO CLIENT PROPERTY.

 

The Client agrees to indemnify, defend, and hold harmless Mark Jacobs Productions and its photographers, employees, agents, and representatives from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to the Client's acts or omissions under or in connection with this Agreement.

 

13. Governing Law & Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws provisions. Any disputes arising under or related to this Agreement shall be resolved in the courts of competent jurisdiction located in North Carolina.

 

14. Entire Agreement & Amendments

These Terms of Service constitute the entire agreement between Mark Jacobs Productions and the Client with respect to the subject matter herein, and supersede all prior and contemporaneous agreements, representations, and understandings. This Agreement may only be modified by a written instrument signed by both parties. A waiver of any provision of this Agreement shall not constitute a waiver of any other provision, and any waiver must be made in writing and signed by the party against whom enforcement is sought.

 

ACCEPTANCE OF TERMS

By booking any services with Mark Jacobs Productions, the Client acknowledges that they have read, understood, and agree to be bound by these Terms of Service. This agreement constitutes a legally binding contract between the Client and Mark Jacobs Productions.