Terms + Conditions
Effective Date: January 1st 2026
These Terms & Conditions (“Terms”) govern all services provided by Photografik Studios Inc. and Creator Studios LLC (collectively referred to as the “Company”). By scheduling services, approving an estimate, signing a proposal, submitting payment, downloading media, accessing delivered files, or otherwise engaging Company services, the client (“Client”) agrees to be legally bound by these Terms.
These Terms apply to all photography, videography, drone, podcast, editing, studio rental, social media, licensing, content production, and related services unless superseded by a separately signed written agreement.
1. SERVICES & BOOKING
1.1 Booking Confirmation
Bookings are considered confirmed once the Client receives written confirmation from Company and any required deposit or payment has been received.
Company reserves the right to decline, cancel, or reschedule services at its discretion due to safety concerns, scheduling conflicts, operational limitations, weather conditions, nonpayment history, or other reasonable business circumstances.
1.2 Scope of Services
Services provided are limited to the specific scope outlined in the estimate, invoice, proposal, booking confirmation, or agreed service package. Any additional requests outside the agreed scope may result in additional fees.
1.3 Property and Location Access
Client is responsible for securing all permissions, approvals, access instructions, gate codes, parking arrangements, and access to the property or recording location.
Company is not responsible for delays caused by inaccessible properties, occupants, building restrictions, HOA limitations, elevator delays, locked areas, pets, neighboring activity, or unavailable utilities.
2. PAYMENT TERMS
2.1 Payment Obligations
Invoices are due upon receipt unless otherwise approved in writing. Certain approved brokerage or commercial relationships may operate on separate payment terms.
Client acknowledges that completion of services and delivery of media constitutes fulfillment of Company obligations regardless of whether Client chooses to use, publish, distribute, repost, or otherwise utilize the delivered content.
Failure to use Deliverables does not eliminate payment obligations.
2.2 Deposits & Retainers
Deposits, retainers, booking fees, and reserved production time payments are non-refundable unless otherwise stated in writing.
2.3 Late Payments
Company reserves the right to suspend future bookings, revoke unpaid licensing rights, withhold file delivery access, disable downloads, or pursue collections activity for unpaid balances.
Client agrees to remain responsible for reasonable collection costs incurred as a result of nonpayment.
2.4 Card Authorization
Where applicable, Client authorizes Company to charge approved payment methods for unpaid balances, late cancellations, agreed recurring services, damages, overtime, or approved additional services.
3. COPYRIGHT & OWNERSHIP
3.1 Ownership of Media
All photographs, videos, drone footage, audio recordings, graphics, edits, project files, and related media created by Company remain the sole intellectual property of Company unless expressly transferred through a separately signed written agreement.
No work created by Company shall be considered work-for-hire unless explicitly stated in writing.
3.2 RAW Files
RAW files, source footage, project timelines, audio stems, editing project files, and unedited materials are not included unless specifically purchased or licensed separately.
3.3 Portfolio Usage
Company reserves the right to use created media for portfolio, website, social media, advertising, educational, promotional, competition, and marketing purposes unless otherwise agreed in writing.
4. LICENSING & MEDIA USAGE
4.1 License Grant
Upon payment in full, Client receives a limited, non-exclusive, non-transferable license to use approved Deliverables for the intended marketing and promotional purpose associated with the original booking.
Licensing rights activate only after payment has been received in full.
4.2 Prohibited Usage
Client may not sell, sublicense, assign, transfer, alter beyond reasonable resizing or formatting, or provide Company media to third parties without written approval.
4.3 Third-Party Usage
Unless expressly included in writing, licensing rights do not automatically extend to:
• builders
• architects
• interior designers and home stagers
• homeowners
• additional agents
• brokerages outside the booking entity
• rental operators and property managers
• publications
• advertisers
• marketing agencies
Separate licensing approval may be required.
4.4 Unauthorized Use
Unauthorized usage, reposting, editing, distribution, resale, advertising usage, or commercial exploitation of Company media does not transfer ownership rights.
Company reserves the right to invoice for unauthorized commercial usage where applicable.
5. PROPERTY CONDITIONS & VISUAL LIMITATIONS
5.1 Property Readiness
Client is responsible for ensuring that the property or filming environment is fully prepared prior to Company arrival.
This includes cleaning, staging, decluttering, landscaping, lighting preparation, securing pets, removal of vehicles, and overall presentation.
Company is not responsible for physically cleaning, staging, organizing, decorating, landscaping, or moving items unless specifically included in writing.
5.2 Visual Conditions
Client acknowledges that certain conditions may not be fully correctable during editing, including but not limited to weather conditions, neighboring structures, lighting limitations, construction conditions, exterior obstructions, seasonal conditions, reflections, environmental factors, or occupancy-related limitations.
6. DRONE OPERATIONS
6.1 Operational Restrictions
Drone services remain subject to FAA regulations, temporary flight restrictions, airport proximity restrictions, weather conditions, safety conditions, lighting limitations, wind conditions, surrounding obstructions, and operational feasibility.
Company does not guarantee drone availability at every property or location.
6.2 Safety Decisions
Company reserves the sole right to modify, delay, relocate, or cancel drone operations when conditions are determined to be unsafe, restricted, or operationally unreasonable.
7. AI, VIRTUAL STAGING & DIGITAL MODIFICATIONS
7.1 Digital Alterations
Certain Deliverables may include virtual staging, sky replacement, object removal, lawn enhancement, image cleanup, virtual renovation concepts, AI-assisted editing, or conceptual renderings.
These modifications are intended solely for marketing and illustrative purposes.
7.2 Accuracy Disclaimer
Digitally modified imagery may not reflect actual property conditions, dimensions, finishes, landscaping, furniture placement, views, structures, or future outcomes.
Client remains responsible for all advertising compliance, MLS compliance, disclosure obligations, and factual marketing representations.
8. DELIVERY & REVISIONS
8.1 Delivery Timelines
Delivery timelines are estimates only and may vary based on workload, weather delays, operational conditions, revisions, holidays, technical issues, or project complexity.
8.2 Revision Requests
Standard editing revisions may be included where stated. Additional revisions, extensive retouching, redesign requests, advanced compositing, timeline changes, subtitle modifications, re-exports, or scope changes may incur additional fees.
Company reserves the right to determine whether requested revisions fall within the original project scope.
8.3 File Retention
Company is not responsible for indefinite archival storage of project files or Deliverables.
Archived files may be deleted after Company’s internal retention period.
9. PODCAST, STUDIO & CONTENT PRODUCTION SERVICES
9.1 Session Conduct
Clients and guests agree to maintain respectful and professional conduct while using Company facilities or participating in productions.
Company reserves the right to terminate sessions involving unsafe behavior, illegal activity, harassment, abuse, excessive intoxication, or conduct that places people, equipment, or property at risk.
9.2 Technical Limitations
While Company uses commercially reasonable efforts to provide professional production quality, Company does not guarantee uninterrupted recordings, internet connectivity, livestream reliability, third-party platform functionality, or complete elimination of technical issues.
9.3 Content Responsibility
Client remains solely responsible for all statements, claims, disclosures, music usage, permissions, trademarks, guest releases, regulated-industry compliance, and published content.
Company does not independently verify factual statements made by Client or guests.
10. CANCELLATIONS & RESCHEDULING
10.1 Cancellation Policy
Company reserves the right to charge cancellation fees, rescheduling fees, preparation fees, travel fees, or minimum production fees for canceled appointments.
10.2 Weather Delays
Weather-related rescheduling decisions shall be made by Company based on safety, production quality, and operational feasibility.
10.3 No-Shows & Unprepared Locations
No-show appointments, inaccessible properties, excessively delayed arrivals, or unprepared locations may result in additional charges or shortened production time.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Company’s total liability arising from any claim related to services or Deliverables shall not exceed the amount actually paid by Client for the specific services giving rise to the claim.
Company shall not be liable for indirect, incidental, consequential, special, or speculative damages including lost profits, business interruption, missed opportunities, algorithm changes, platform outages, or third-party actions.
12. CLIENT RESPONSIBILITY & INDEMNIFICATION
Client agrees to assume responsibility for all materials, claims, permissions, approvals, releases, advertising compliance obligations, and legal rights associated with materials or instructions provided to Company.
Client agrees to hold Company harmless from claims arising from unauthorized usage, inaccurate marketing claims, copyright violations involving supplied materials, property access disputes, or misuse of Deliverables.
13. ELECTRONIC ACCEPTANCE
Electronic approvals, digital signatures, online bookings, invoice approvals, emailed confirmations, downloaded media access, text confirmations, and online acceptance methods shall be considered binding acceptance of these Terms.
14. GOVERNING LAW
These Terms shall be governed by the laws of the State of New York.
15. ENTIRE AGREEMENT
These Terms, together with any approved proposal, estimate, invoice, booking confirmation, licensing agreement, or incorporated policy, constitute the complete agreement between Company and Client regarding the services provided.