Terms of Service - Real Estate Photography

Mark Miller Real Estate Photography + Marketing Services
Effective Date: April 12, 2026

These Terms of Service (“Terms”) govern all photography, video, floor plan, community media, lifestyle video, YouTube management, and related services provided by Mark Miller, individually (“Provider”), to the client identified on any invoice, order, booking, text confirmation, or email confirmation (“Client”).

By requesting services, booking services, accepting delivery, downloading any deliverables, publishing or otherwise using any deliverables, or paying any invoice issued by Provider, Client agrees to be bound by these Terms. If Client is acting on behalf of a team, brokerage, or other entity, the person accepting these Terms represents that they have authority to bind that party.

Provider offers real estate photography and marketing services, which may include, depending on the package or invoice:

1. Listing photography
2. Aerial drone imagery
3. Floor plans
4. Walkthrough videos
5. Community or amenity photos
6. Lifestyle, amenity, and community-feature videos
7. YouTube upload and management services
8. Related editing, optimization, and delivery work

Unless otherwise stated in writing on the applicable invoice or order confirmation, a standard Listing Package includes:

• listing photos
• drone imagery, when legally, safely, and reasonably feasible
• one floor plan
• one walkthrough video
• community or amenity photos
• one month of YouTube upload and management for the related listing video

The scope of any recurring Lifestyle Video Subscription will be defined by the applicable invoice and month-to-month working relationship. It may include, by example, clubhouse walkthroughs, local events, interviews, community features, amenity videos, and other brand-focused content.

Anything not expressly included in the applicable invoice, order confirmation, or these Terms is not included.

Provider performs services as an independent contractor. Nothing in these Terms creates a partnership, employment relationship, agency relationship, joint venture, fiduciary relationship, or exclusive business relationship, except for any limited lifestyle-video territory exclusivity expressly stated in writing under Section 11.

Services are generally performed directly by Mark Miller unless otherwise communicated.

Scheduling is coordinated by text message, phone, or email.

Client is responsible for:

1. timely scheduling cooperation
2. ensuring lawful and timely access to the property or filming location
3. confirming that the property is shoot-ready at the scheduled time
4. ensuring the property is reasonably clean, staged, decluttered, and safe
5. securing pets, occupants, vendors, and any other on-site conditions that may interfere with production

If a property is not ready, access is delayed, conditions are unsafe, or the shoot cannot reasonably proceed as scheduled, Provider may, in Provider’s discretion:

1. wait for a reasonable period
2. shorten the scope of the shoot
3. reschedule the appointment
4. charge a reshoot, return-trip, delay, or cancellation fee
5. omit portions of the planned coverage without breach

Provider’s typical turnaround is approximately 24 hours, but all turnaround times are estimates only and are not guaranteed.

Same-day delivery may be available in some cases, but it is not promised unless expressly confirmed in writing.

Turnaround times may be extended by property-readiness issues, delayed access, weather, third-party platform issues, revision requests, HOA or seller restrictions, technical issues, force majeure events, or delayed client responses.

Fees are as stated on the applicable invoice, order confirmation, or written quote.

Unless otherwise stated in writing, Client is billed through Stripe at the time of delivery.

Invoices are due as stated on the invoice. Any unpaid balance, failed payment, declined payment method, chargeback, payment reversal, or similar nonpayment event constitutes nonpayment under these Terms.

Provider may suspend or refuse future services, pause YouTube management, pause any active subscription work, revoke any unpaid access, and suspend or end any applicable exclusivity if Client fails to pay on time.

Client must review all deliverables promptly upon delivery.

If Client is dissatisfied with the delivered work, Client must notify Provider in writing within seven (7) calendar days after delivery. If timely notice is provided within that seven-day period, Provider will issue a full refund.

If Client does not provide written notice of dissatisfaction within seven (7) calendar days after delivery, the deliverables will be deemed accepted.

Condition of any refund: if any refund is issued, whether full or partial, all licenses granted to Client immediately terminate, and Client must immediately:

1. stop using the deliverables in any form
2. remove them from the MLS
3. remove them from websites, landing pages, YouTube, social media, print materials, email marketing, digital ads, and any other marketing channels
4. delete all copies in Client’s possession or control
5. instruct Client’s brokerage, assistants, marketing staff, designers, and vendors to do the same

Any use after a refund, chargeback, or nonpayment is unauthorized.

For clarity, delivery before payment does not transfer ownership. Client’s license rights arise only upon full payment and remain subject to these Terms.

Each deliverable includes one (1) reasonable round of minor revisions at no additional charge.

Minor revisions are limited to small trims, caption or text corrections, basic metadata adjustments, light image swaps where feasible, or similar non-structural changes.

The following are outside the included revision scope and may require additional fees, additional time, or both:

1. major recuts or restructuring
2. additional filming days or return visits
3. script rewrites or changed on-camera messaging after filming
4. major creative-direction changes after filming
5. replacement or removal of content because of seller requests, HOA restrictions, club rules, or third-party complaints
6. revisions caused by inaccurate information supplied by Client
7. additional exports, custom versions, or alternate aspect ratios not originally included

Unless otherwise stated in writing, each purchased Listing Package includes up to one (1) month of YouTube upload and management for the related listing video on Client’s YouTube channel.

This included YouTube management may include:

1. upload
2. publishing
3. scheduling
4. title, description, tags, and metadata updates
5. thumbnail creation
6. basic SEO/programming
7. comment moderation
8. basic monitoring of video performance

Formal written reporting is not included unless separately agreed.

Client is responsible for granting Provider the necessary channel permissions or manager access. Provider will use that access solely to perform the agreed services.

At the end of the included one-month management period, Provider may remove Provider’s manager access unless Client continues with another eligible order or another written arrangement is made.

Provider does not guarantee views, ranking, subscribers, watch time, leads, inquiries, conversions, or any other platform outcome.

Provider retains all copyright and ownership rights in the underlying creative work, including:

1. raw photos
2. raw video footage
3. project files
4. drafts
5. source files
6. floor plan scans, models, and source data
7. unused materials
8. thumbnails, edits, and derivative creative assets created by Provider

Upon full payment, Client receives a perpetual, non-exclusive, non-transferable, non-sublicensable license to use the final deliverables solely for Client’s own real estate marketing, subject to these Terms.

This license automatically terminates upon any refund, chargeback, nonpayment, or material breach of these Terms.

Client may not sell, sublicense, transfer, assign, or provide the deliverables to another agent, team, or third party for that third party’s independent use, except that Client may share deliverables with Client’s brokerage or vendors solely to support Client’s own marketing.

Community, amenity, and lifestyle still photos are owned by Provider and may be shared on a non-exclusive basis with multiple active clients.

During an active client relationship, Client may use Provider’s community and amenity photos for:

1. marketing Client’s listings that use Provider’s listing media
2. marketing Client’s real estate business generally

For purposes of these Terms, an active client relationship means Client is currently using Provider as Client’s primary or ongoing listing media provider, or is currently engaged in an active service relationship with Provider, and has not effectively replaced Provider with another listing-media photographer or comparable provider for Client’s regular listing marketing.

If Client stops using Provider as Client’s primary or ongoing listing media provider, or begins using another photographer or media provider in a manner inconsistent with Provider serving as Client’s primary listing-media provider, Provider may revoke Client’s broader business-marketing use of community and amenity photos by written notice.

After such revocation or after the active client relationship ends, Client may continue using Provider’s community and amenity photos only in connection with an active listing for which Provider also created the listing package, and only until that listing is sold or otherwise no longer actively marketed. After that point, all use must stop.

Provider reserves the right to control, limit, revoke, or refuse future licensing of community and amenity photos outside the scope stated in these Terms.

The Lifestyle Video Subscription is generally offered on a month-to-month, auto-renewing basis, unless otherwise stated in writing.

Provider accepts lifestyle-subscription clients on a case-by-case basis and may accept, reject, limit, or customize subscription relationships in Provider’s discretion.

Any exclusive territory must be expressly stated in writing on the applicable subscription invoice or other written confirmation. A territory may be defined as a city, neighborhood, HOA, country club, subdivision, development, custom boundary, or other designated area.

If no territory is expressly stated in writing, no exclusivity is granted.

Any granted exclusivity applies only to Provider’s lifestyle, amenity, and community-feature video services under the active Lifestyle Video Subscription.

Exclusivity does not apply to:

1. listing photos
2. listing walkthrough videos
3. floor plans
4. standard listing packages
5. non-exclusive community or amenity still-photo libraries
6. other services not expressly stated as exclusive in writing

Provider may continue producing listing packages, listing walkthrough videos, and related listing media for other agents in the same geographic area unless a separate written agreement expressly states otherwise.

Lifestyle-subscription exclusivity exists only while Client is current on all fees. If a payment is missed, fails, is reversed, or becomes overdue, Provider may pause or end the subscription immediately, and any exclusivity may be suspended or terminated immediately.

If Client cancels a Lifestyle Video Subscription, the service continues through the end of the current paid billing cycle unless otherwise agreed in writing. At the end of that billing cycle, the subscription ends and any territory exclusivity ends immediately.

Client is solely responsible for:

1. the accuracy of all listing information, pricing, square footage claims, availability claims, neighborhood claims, and other factual statements
2. all on-camera statements made by Client or anyone appearing in the content
3. compliance with all brokerage policies, MLS rules, fair housing laws, advertising rules, disclosure laws, and other applicable legal or professional requirements
4. obtaining all permissions, approvals, consents, and releases needed for photography, video, drone capture, interviews, access, or filming in any home, HOA, club, gated community, neighborhood, venue, or amenity area
5. ensuring that filming, photography, and publication are authorized by the seller, owner, occupant, HOA, club, management company, venue, or other controlling party

Provider is not responsible for inaccurate information supplied by Client, inaccurate statements made during walkthrough videos or lifestyle videos, denied permissions, HOA complaints, access disputes, copyright complaints arising from Client-supplied materials, or Client’s regulatory, brokerage, MLS, or legal compliance.

If any third party requests that content be modified, removed, or restricted, Provider may comply, cooperate, or pause use of that content. Any extra editing, replacement work, return visit, or re-publication caused by such a request may be billed additionally.

Client represents that Client is duly licensed if required, affiliated with the brokerage identified by Client, and authorized by that brokerage to purchase and use these services.

Drone imagery is included only when legal, safe, and reasonably feasible.

Provider may omit, postpone, or substitute drone coverage if weather, airspace restrictions, temporary flight restrictions, FAA concerns, safety concerns, HOA rules, club rules, property restrictions, surrounding conditions, equipment limitations, or other practical or legal conditions make drone capture inadvisable or unavailable.

The inability to capture drone imagery under such conditions does not constitute breach, provided Provider acts reasonably.

Any floor plan provided by Provider is an approximate marketing tool only.

Floor plans are not certified for exact dimensions, appraisal use, architectural use, engineering use, permitting, legal description, or square-footage verification. Client must independently verify any measurement or property data before relying on it.

Provider owns all floor plan scans, source files, and underlying floor plan materials and may use them for Provider’s portfolio, websites, landing pages, marketing channels, and real estate business.

Provider does not guarantee:

1. leads
2. inquiries
3. showings
4. offers
5. closings
6. views
7. impressions
8. subscribers
9. watch time
10. search ranking
11. audience growth
12. engagement
13. any specific marketing performance or business result

Any website, MLS, YouTube, social platform, brokerage system, or other third-party platform is outside Provider’s control. Provider is not responsible for algorithm changes, outages, account restrictions, platform policies, platform removals, delivery interruptions, demonetization, takedowns, or other third-party platform actions.

Provider may pause, modify, or discontinue platform-related work if continued activity is not reasonably feasible, compliant, or practical.

No paid advertising, ad spend, or view guarantees are included unless separately stated in writing.

A Listing Package is a one-time order unless otherwise stated in writing.

A Lifestyle Video Subscription renews monthly unless canceled before the next billing cycle.

Client may cancel a Lifestyle Video Subscription by written notice to Provider. Unless otherwise agreed, cancellation takes effect at the end of the current paid billing cycle.

Provider may suspend or terminate services immediately for nonpayment, abusive conduct, unsafe conditions, repeated scheduling failures, legal or compliance concerns, refusal to cooperate, or any material breach of these Terms.

Upon cancellation or termination:

1. ongoing services stop
2. any active lifestyle exclusivity ends when the current paid period ends, or immediately in the event of nonpayment
3. Client retains only those license rights that were fully paid for and not otherwise terminated under these Terms
4. Provider may remove channel-management access and cease any account-management activity

Provider may display, publish, excerpt, crop, edit, archive, or otherwise use the deliverables, including listing photos, walkthrough videos, lifestyle videos, community photos, and floor plans, for Provider’s own portfolio, website, social media, advertising, sales materials, landing pages, educational content, and real estate business marketing.

This right survives cancellation, expiration, and project completion.

To the maximum extent permitted by law, Provider’s total aggregate liability arising out of or related to any claim, order, project, or subscription will not exceed:

1. the amount actually paid by Client for the specific service giving rise to the claim, or
2. for a recurring subscription claim, the amount paid by Client in the thirty (30) days preceding the event giving rise to the claim, whichever measure is more applicable.

Provider will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost business opportunities, reputational harm, loss of goodwill, lost data, or platform-related losses, even if advised of the possibility of such damages.

Client agrees to defend, indemnify, and hold harmless Provider from and against any third-party claim, damage, loss, liability, judgment, fine, penalty, cost, or expense, including reasonable attorneys’ fees, arising out of or related to:

1. inaccurate or misleading statements supplied or made by Client
2. Client’s listing information, disclosures, or marketing claims
3. Client’s failure to obtain permissions, approvals, releases, or access rights
4. Client’s violation of brokerage rules, MLS rules, advertising laws, fair housing laws, HOA rules, club rules, privacy rights, or other legal requirements
5. Client’s use of the deliverables outside the license granted in these Terms
6. any injury, damage, or dispute related to the property or filming location not caused by Provider’s willful misconduct

Where either party shares non-public information, account credentials, strategy information, channel access, or business information, the receiving party will use that information only as reasonably necessary to perform under these Terms and will not disclose it except as necessary to perform the services or as required by law.

Client is responsible for granting appropriate YouTube or other platform permissions and for maintaining overall account security. Provider is not responsible for security issues caused by third parties or by access beyond the permissions granted to Provider.

These Terms, together with any applicable invoice, order confirmation, written quote, or written addendum, form the entire agreement between Provider and Client and supersede prior discussions relating to the covered services.

If there is a conflict between these Terms and a specific invoice or written addendum regarding pricing, package contents, billing cycle, or designated territory, the invoice or addendum controls for that specific issue.

Provider may update these Terms from time to time on a prospective basis. The version in effect at the time of booking, delivery, or invoice issuance will govern that order unless Client later agrees to a revised version.

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.

Client may not assign these Terms without Provider’s prior written consent.

Provider is not liable for delays or failure to perform caused by events beyond Provider’s reasonable control, including illness, weather, wildfire, smoke, platform outages, equipment failure, travel disruption, governmental action, airspace restrictions, HOA restrictions, labor shortages, or force majeure events.

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Any dispute arising out of these Terms will be brought in the state or federal courts serving Riverside County, California, and the parties consent to that venue and jurisdiction.

Provider: Mark Miller
Business: Real Estate Photography + Marketing Services
Website: https://desertoasisinsider.shop/pages/real-estate-photography-in-coachella-valley-ca