MARK JACOBS PRODUCTIONS TERMS OF SERVICE
Terms of Service
Residential Real Estate Photography & Media Services
Effective Date: January 1, 2000 | 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 spent a satisfactory amount of time reviewing Mark Jacobs Productions' portfolio and has a reasonable expectation that services will be performed in a similar style and manner unless otherwise specified. 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 ensure services are produced in a style and manner consistent with its portfolio, to accommodate specific creative preferences communicated in advance, and to incorporate any reasonable suggestions made by the Client. If a differing style, look, or approach is communicated after order placement, additional fees may apply.
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 media and all other services provided 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. The royalty-free, limited, non-transferable license terminates once the listing has been sold, withdrawn, or expired. All media and services remain the sole property of Mark Jacobs Productions. This license 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. This license does not transfer ownership of media or services and 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.
This license 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. This license 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. This includes using AI services or tools to generate derivative images or videos from the media or services provided.
Exception: The Client may use a single front exterior photo to display that a property was sold, without purchasing a copyright license.
4.2 Short-Term Rental / Airbnb / VRBO Owner License
This section applies when services are booked to market a property as a short-term or vacation rental (e.g., Airbnb, VRBO) rather than for a real estate sale listing. Except as modified below, this license follows the same terms as the Real Estate Agent License in Section 4.1.
The Client who pays for services receives a royalty-free, limited, non-transferable license to use the delivered media in any electronic or printed form of advertisement for the promotion of the property at the address listed on the order. This license is valid for three (3) years from the date of the shoot.
Media may not be reused by any other agent, owner, or firm without specific written permission from Mark Jacobs Productions. Media may not be sold, transferred, or otherwise used by another agent, owner, or firm under any circumstances. If management, ownership, or listing representation of the property changes, the new agent, owner, or firm may not use the media without prior written permission from Mark Jacobs Productions.
The Client is not authorized to modify, edit, or use AI tools to alter the original media, or to have any third party modify, change, or edit the media, without prior written permission from Mark Jacobs Productions, the copyright holder.
Stagers, designers, homeowners, and other third parties who wish to use media for the property at the address on the order must contact Mark Jacobs Productions directly for applicable licensing fees and information. Any use of media by a third party is strictly prohibited without prior written approval from Mark Jacobs Productions. The original Client is not authorized to sell, transfer, or give away any media for any reason without prior written consent from Mark Jacobs Productions.
4.3 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, sub-licensable, 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.
4.4 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.
4.5 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.
4.6 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.
4.7 Mark Jacobs Productions Retained Rights
Mark Jacobs Productions retains all copyrights to all media and services at all times. Mark Jacobs Productions may relicense media and services 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.
4.8 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.
4.9 Archival & Storage
Mark Jacobs Productions does not guarantee long-term storage of media. Media will typically be retained for a minimum of one (1) year. After this period, media may be permanently deleted without notice. It is the Client's responsibility to download, store, and maintain backup copies of all media.
4.10 Copyright & Metadata Protection
Media may contain copyright management information (CMI), including metadata or visible watermarking. Removal or alteration of such information without written consent is prohibited and may constitute a violation of the Digital Millennium Copyright Act (DMCA).
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 media or services.
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 and will be auto-billed three (3) business days after delivery. 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. Force Majeure
Mark Jacobs Productions shall not be liable for any failure or delay in performance under this Agreement resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, extreme weather, fire, flood, pandemic or public health emergency, government action, power or internet outages, or other events of force majeure. Affected services will be rescheduled as soon as reasonably practicable once the condition preventing performance has passed.
15. Assignment
The Client may not assign, transfer, or delegate any rights or obligations under this Agreement without the prior written consent of Mark Jacobs Productions. Mark Jacobs Productions may assign this Agreement, in whole or in part, without the Client's consent, including in connection with a merger, acquisition, sale of assets, or other transfer of its business. This Agreement shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.
16. Notices
All notices required or permitted under this Agreement shall be in writing and delivered by email or by certified mail, return receipt requested, to the contact information provided by the Client at booking, or to Mark Jacobs Productions' then-current business address. Notice is deemed given upon confirmed email delivery or three (3) business days after mailing, whichever applies.
17. Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement remains in full force and effect.
18. 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.