Terms and Conditions
TERMS AND CONDITIONS v0100923
By ordering any services from DG Digital Services LLC / FlyingLenz.com / RealEstatePhotosAtlanta.com (“DG Digital”), the person or entity that has paid for our services (“Client”) agrees to the following Terms and Photo Licenses for the photography, videos, or related media (“Media”).
PREPARATION, ACCESS, CANCELLATIONS, AND RESCHEDULING
The Client is responsible for preparing the location or property where the services will be performed. DG Digital is not responsible for staging and shall not be required to move anything on the property.
The Client must ensure the property is ready at the set appointment time. The Client is also responsible for ensuring access to the property is resolved during the set appointment time.
To expedite our time on site, whenever possible, the home owner(s) or tenant(s) should not be present during the shoot. We have passed required background checks and have an active Supra e-Key available for logged access to a property.
If the property is not properly prepared (staged) or DG Digital is asked to wait for things to be moved from one room to another during a scheduled shoot, additional fees may apply.
DG Digital reserves the right to cancel or reset the appointment if the propery is not ready or if waiting for items to be moved from room to room creates a delay in our schedule. The Client shall be responsible for the cancellation or rescheduling fee, plus associated travel time and costs.
Clients shall provide a 24-hour cancellation notice or request rescheduling before a scheduled appointment. DG Digital may charge a fee for cancellations or rescheduling requests made within 24 hours of a set appointment time. Rescheduling due to inclement weather will not carry a rescheduling fee (see Weather section).
PROPERTY SAFETY, PETS, AND UNWANTED ITEMS
The Client shall ensure the property is free of hazards, pets are secured, and any items not desired in the photos or videos are not in the view of cameras. DG Digital may make recommendations but is not responsible for moving items for the services. DG Digital is not obligated to wait for items to be moved from one location to another.
DG Digital is not liable for any service interruption or cancellation due to weather. A cloudy day shall not necessarily cause the cancellation of scheduled services.
Cloudy days are OK! Cloud cover often provides images and videos with better lighting to highlight the property than on sunny days (there is typically equal lighting and low to no shadows). If the Client desires to cancel or reschedule services due to a cloudy day, the cancellation and rescheduling terms apply.
DG Digital makes every effort to arrive on time and will notify the Client via text and/or email of our approximate arrival time within the scheduled appointment window.
The Client does not need to be onsite during the performance of services; therefore, if the Client is late or does not show up, DG Digital will proceed with the scheduled service.
The Client may discuss the services with DG Digital and point out any features they would like to highlight or discuss any concerns before the start of the operation.
DG Digital may sometimes offer the Client a quick preview of the captured media before departure, however, this is not required.
SITE READINESSS AND WAITING FEE:
To ensure the efficiency and effectiveness of our photography services, it is crucial that the site is fully prepared and ready for photography upon our photographer’s arrival. If the site is not ready, resulting in delays such as waiting for access to the space, moving items from one room to another, waiting for stagers or other workers, etc., a waiting fee of $75 per hour will be charged. This fee is applicable from the scheduled start time of the photography session and is billed in 15-minute increments. A minimum charge of 30 minutes ($37.50) will be applied even if the delay is shorter. This fee is to compensate for the photographer’s time and to encourage prompt and efficient preparation of the site for the scheduled photography session. Clients are encouraged to ensure that all necessary preparations are completed before the photographer’s arrival to avoid incurring this additional fee.
DELIVERY OF MEDIA, DATA RETENTION, AND TURNAROUND TIME
Upon ordering services and receipt of payment, DG Digital will schedule and perform photography and video services on a date and time which will be arranged with the Client.
After receiving payment, DG Digital will deliver all media via digital delivery and grant the Client the usage licenses outlined in these. Download links will be available to the Client for at least 14 days. At the end of the 14 days, DG Digital may relocate the digital files from the file-sharing service or delete the files from storage if desired.
The Client is responsible for any fees related to requests for the media to be uploaded a second or subsequent time for download.
For unedited photos and videos, the Client should expect delivery of Media within one business day of the scheduled service.
For edited photos and videos, the Client should expect Media delivery as stated in the appropriate invoice or order form. The client understands that editing or creating a custom video takes time and the delivery date will be quoted in the estimate and invoice.
DG Digital shall not be responsible for the delay of delivery due to Client delays.
WHAT YOU CAN DO WITH IMAGES AND VIDEOS
Unless otherwise agreed to in writing, DG Digital retains the copyright for all photography and videos (“Media”) captured, edited, and delivered to clients. DG Digital reserves the right to use any Media to promote our services on any website, social media platform, etc. Our clients receive a usage license for the media as defined below.
When rights are infringed, the copyright owner is entitled to recover damages suffered because of the infringement, regardless of intent. See 17 USC §504.
REAL ESTATE LISTINGS
Generally, DG Digital grants a license to our Client to use the Media on any electronic or printed form of advertisement for the promotion and sale of the featured property worldwide. This license expires upon the sale of the property or expiration of the listing agreement. Media may not be re-used for sale of the same or similar property without payment of additional licensing fees. Our real estate clients are also granted a license to use Media to promote themselves as a real estate professional on their website and social media platforms. The license to use Media for personal promotion is granted without expiration.
The Media cannot be altered by the client for any reason, except cropping or adjusting colors to match personal branding.
Commercially licensed media will be delivered with specific rights and limitations specified in the Requested Usage section of the invoice and delivery memorandum.
For clients utilizing our photography services for short-term rentals, including but not limited to: Airbnb, VRBO, or other short-term rental advertising, please note that a separate licensing fee applies. This fee is currently $129.99 per property, reflecting the extended and indefinite usage of images for rental advertising purposes.
The photographic content provided under this agreement is exclusively licensed to the original contracting client and is non-transferable. This license is granted solely for the use of advertising the client’s short-term rental property(ies). In the event that the property subject to this license is sold, transferred, or otherwise changes ownership, the license for the use of these photographs shall not transfer to the new owner(s) or investor(s). Any such new owner(s) or investor(s) wishing to use the existing photographic content for any purpose, including but not limited to advertising or promoting the property, must obtain a separate license agreement, accompanied by the appropriate licensing fee, as set forth in our standard terms. This condition is vital to maintain the integrity of the licensing agreement and to ensure proper usage rights are upheld for all parties involved.
MLS AND OTHER REAL ESTATE SITES
DG Digital retains the copyright of all Media produced and provided to the Client. Despite certain claims by multiple listing services (MLS) and real estate websites, uploading Media to these platforms does not transfer copyright ownership to them. DG Digital grants the Client, who has paid for the requisite level of service and the associated license, the right to use the Media exclusively for the listing and sale of the property on the MLS and other similar platforms.
The Client is obligated to remove the Media from all platforms upon the closing of the property listing. The Media may not be reused for listing the same or a similar property, or for any other purpose, without acquiring an additional license and paying the corresponding fees to DG Digital. This includes prohibiting the provision of the Media to news outlets or for any public or commercial use outside the scope of the original property listing, unless a separate license fee is negotiated and paid to DG Digital. This clause is to ensure the proper management of copyright and usage rights, safeguarding the interests of both DG Digital and the Client.
DO NOT RE-LICENSE OR SHARE MEDIA WITH OTHERS
The Media produced for the Client is for the purpose detailed in the license issued.
Clients may not give the Media to other parties, such as architects, designers, staging companies, other real estate agents, etc. The MLS and Other Real Estate Sites section notes the only exception.
If any other person or entity (including news organizations or even other real estate agents who take over a listing – expired or not) would like to use the Media, they must contact us for the appropriate license.
MUSIC COPYRIGHT AND LICENSE
Our custom edited video productions contain licensed music under our commercial license with Epidemic Sound. DG Digital is authorized to sub-license the music for the Client’s use. However, the Client is responsible for using the copyright clearing link provided with video delivery to avoid copyright claims on their posted content.
IMAGE AND VIDEO EDITING
Except for color grading photos or videos, DG Digitial will not edit Media to camouflage defects unless specifically directed by the Client in writing, and payment for editing services is provided. Please get in touch with us for pricing on desired edits.
Any service requested outside of an Estimate, Invoice, or Statement of Work will incur additional fees.
DG Digital offers services based on a fee that is payable upon scheduling by the Client. If DG Digital fails to provide services during the scheduled appointment, we will offer the Client a 100-percent refund of any fees paid. This guarantee excludes delivery of the Media and only guarantees the performance of our service upon payment.
DG Digital shall carry a minimum of $1,000,000 in general liability insurance to complete the services for the Client.
DG Digital shall utilize drone pilots certified by the Federal Aviation Administration (FAA) under 14 CFR Part 107 to complete drone services for the Client.
DG Digital shall only operate drones when the weather conditions allow the safe operation of the aircraft. If DG Digital determines the weather conditions do not allow the safe operation of drones, the services may be rescheduled at no cost to the Client.
DG Digital shall utilize drone equipment that is registered with the FAA.
THE PILOT SHOULD NOT BE DISTURBED once DG Digital has started a drone flight.
Due to proximity to an airport or other flight-restricted area, some properties may require special clearance from the FAA. The Client must provide the accurate address or location information to allow DG Digital to obtain proper flight clearance.
The FAA will occasionally issue Temporary Flight Restrictions (TFR) for aircraft operations. In cases where a TFR is issued affecting your service location, DG Digital shall reschedule the operation at no cost to the Client.
DG Digital is based in the Metropolitan Atlanta area and can provide drone services anywhere in the United States.
Service is provided primarily within Cobb, Douglas, Fulton, Cherokee, Bartow, Paulding, Gwinnett, DeKalb, and Douglas counties, with possible additional travel fees, depending on distance (shown during reservation). Service to areas outside these counties is available with an additional travel fee commensurate with distance.
Terms and conditions may be updated and published at any time at https://realestatephotosatlanta.com/terms-and-photo-licenses/.