These Terms and Conditions ("Terms") form a binding agreement between you ("you," the "Client," or the "Purchaser") and Justin Flewwellin, a sole proprietor doing business as Real Estate Media 9 ("Real Estate Media 9," "we," "us," or "our"). These Terms govern photography, video, aerial/drone, floor plan, virtual tour, and related media services ("Services") provided for vacation rental and short-term rental properties. By placing an order, you agree to these Terms. These Terms apply specifically to vacation rental and short-term rental Services and supersede our standard listing-media Terms and Conditions for that work.
Vacation rental properties operate on an active guest calendar, and our appointment is typically scheduled within a turnover window. The Client is responsible for ensuring the property is vacant, cleaned, and fully staged and "camera-ready" prior to the start of the arrival window. This includes all cleaning, turnover, and styling.
We ask that you review our Vacation Rental Prep Guide before the appointment and coordinate access around your guest schedule.
If Real Estate Media 9 arrives at the appointment and the property is not ready, occupied, or inaccessible, the property will be shot "As Is," and any guest belongings or personal items visible in the property will be captured as they appear. Delays caused by late guest checkout, cleaning crews, maintenance, or access issues may shorten the available shoot window.
Return Trip Fee: If the property is not "camera-ready" upon Real Estate Media 9's arrival and a return trip is requested to reshoot or complete the property media, an additional fee of $75 will be charged for each return visit. Return trip scheduling is subject to availability.
We value your input on the best angles to capture the property. If you would like to give input, please meet Real Estate Media 9 at the beginning of the appointment or add notes in the "comments" section of the order. Absent your input, Real Estate Media 9 will use its best judgment and experience to decide which angles will best highlight the property.
The Client is responsible for accurately entering or communicating all pertinent information at the time the order is placed, including the property's size, type, and location, and for clearly communicating their expectations for the shoot. This includes, but is not limited to:
Absent clear, accurate, and timely instruction, Real Estate Media 9 will use its professional judgment to determine the scope and selection of media. Real Estate Media 9 is not responsible for the omission of a specific amenity, feature, room, or shot that was not communicated prior to or at the time of the appointment. Reshoots requested to capture features that were not communicated in advance are subject to the Return Trip Fee in Section 1.
We reserve the right to update incorrect information and adjust the pricing of the order to accurately reflect the work performed (for example, the Client enters that the property is 1,200 square feet, but it is actually 2,400 square feet). Our standard pricing reflects a single dwelling. Commercial, multi-unit, or oversized properties, or properties with a high volume of amenities, may be subject to a personalized quote or an additional fee at the photographer's discretion. Any such adjustment will always be communicated before the shoot.
Square Footage (Sqft) Pricing: Pricing is based on the total square footage of the building or overall unit, including the garage, all enclosed spaces, the pool deck, and any other featured interior or exterior area. Unlike a for-sale listing, where a garage is often not featured, vacation rentals commonly convert enclosed spaces such as garages into featured amenities like game rooms, arcades, or entertainment areas, and pool and outdoor living areas are typically a central part of the photography. For this reason, all such areas are counted toward the total square footage used to determine package eligibility and pricing, regardless of which media type or package is ordered. If the actual total square footage differs from the information provided at the time of the order, Real Estate Media 9 reserves the right to adjust the package and invoice accordingly.
Discrepancies & Dispute Resolution: If there is a discrepancy between the information provided in your order and the actual property at the time of the appointment, Real Estate Media 9 reserves the right to adjust the order and invoice accordingly. If a dispute arises regarding order details, both parties agree to make a good-faith effort to resolve the matter promptly. Any necessary changes to pricing or package coverage will be communicated before completion of the project.
Many vacation rental properties are located within resorts, planned communities, or managed developments that include shared amenities such as pools, waterparks, lazy rivers, fitness centers, lobbies, golf courses, and other common areas. These shared spaces are owned and controlled by a homeowners association, resort, or management company, not by the Client.
The Client is solely responsible for securing any permission, access, or authorization required to photograph, film, or operate a drone over or around any shared, community, or resort amenity. By requesting amenity coverage, the Client warrants that they have obtained, or are authorized to obtain, all necessary permissions. Real Estate Media 9 assumes no liability if a resort, association, management company, or any third party objects to, restricts, or prohibits the capture of shared amenities, and any resulting reduction in coverage does not entitle the Client to a refund of the package price.
Amenity and community media are licensed solely for use in marketing the specific property for which they were produced. Amenity images and footage are non-transferable and may not be reused, repurposed, or applied to any other property, listing, or address, even where the Client owns or manages multiple properties within the same community or resort. See Section 9 for full license terms.
Confirmed appointments canceled or rescheduled within 24 hours before the appointment start time are subject to a $50 cancellation fee.
Appointments that cannot be completed due to weather (for example, the photographer is unable to fly the drone due to rain or wind, or rain is too heavy to capture exteriors) will be rescheduled after contacting the Client, and the $50 cancellation fee will be waived.
Reschedule / Cancellation Exceptions: Weather conditions impacting media production, such as rain, wind, or any factor preventing safe drone operation or outdoor photography, will be assessed on the day of the appointment. If such conditions make it impossible to complete the scheduled work, Real Estate Media 9 will notify the Client as soon as possible and reschedule at no additional fee. Exceptions for emergencies or special circumstances may be considered at the sole discretion of Real Estate Media 9. Please contact us promptly if unusual circumstances arise so accommodations can be discussed.
Payment is due prior to download and release of the final media. After the appointment, the Client will receive an email link to watermarked preview media for review. To download the final, full-resolution media, payment must be made in full through the payment portal provided in that link, by any payment method then currently accepted. Final media is released for download only after payment is received in full.
Watermarked previews are provided for review purposes only and may not be downloaded, published, distributed, or used for any purpose. Any use of watermarked, screen-captured, or otherwise unpaid media is unauthorized and constitutes a breach of these Terms.
The usage rights granted in Section 9 take effect only upon receipt of payment in full. Until payment is received, the Client has no license to use any media.
Chargebacks and Reversed Payments: If a completed payment is later reversed, charged back, or disputed without cause after the media has been released, the usage license is immediately void, all released media must be removed from public platforms within five (5) business days, and the Client remains responsible for the full balance plus any fees and reasonable costs of recovery.
Deposits: Custom or multi-day productions (such as The Destination package) and out-of-area bookings may require a deposit or full prepayment, as agreed in writing at the time of booking.
Real Estate Media 9 provides Services throughout Florida. Properties within 30 driving miles of the assigned photographer's home base incur no travel fee. Beyond that radius, a travel fee applies based on the driving distance from the photographer's home base, billed on a tiered basis and disclosed and agreed upon in writing before scheduling. The applicable home base location is disclosed at the time of booking.
Multi-day productions and far out-of-area bookings (including the Florida Keys and the Panhandle) may also include lodging, per-diem, and overnight production costs, disclosed and agreed in writing prior to scheduling. If additional trips are required due to property readiness or Client requests, an extra fee may also apply.
Real Estate Media 9 will host delivered media for one year from the appointment date, with the exception of Matterport / 3D Tour and Floorplan media, which is hosted for a maximum of six months. Once the hosting period expires, the Client is responsible for permanent media storage. Hosting is a convenience and is not a substitute for the Client maintaining their own copies of all delivered media.
Estimated delivery timeframes are communicated at the time of booking and depend on the package selected and the scope of work. Photography and aerial media are delivered first, followed by video and any specialty deliverables. Multi-day productions, such as The Destination package, and any work requiring a rescheduled drone session or reshoot will follow an adjusted timeline, communicated to the Client. Real Estate Media 9 prioritizes quality and will make reasonable efforts to deliver promptly and to communicate revised timelines as needed.
You hereby grant to Real Estate Media 9, and its affiliates, contractors, commercial partners, licensees, successors, and assigns a non-exclusive, perpetual, fully transferable, and sublicensable worldwide right and license to create, reproduce, display, transmit, and distribute the Work through any and all media now known or hereinafter developed. The "Work" is defined as photo(s), video(s), and/or 3D content, floor plans, graphics, audio, animation, constituent files, and other visual content of the property produced under these Terms, including any derivative works created therefrom. Any and all rights not expressly granted here are reserved to Real Estate Media 9, including copyright and ownership rights in the Work. Real Estate Media 9 reserves the right to use the Work for the company's portfolio, samples, self-promotion, contests, exhibitions, editorial use, or for display within or on the outside of Real Estate Media 9's premises. Real Estate Media 9 further reserves the right to assign, transfer, license, distribute, or syndicate the Work and all related rights to its commercial partners. Except as explicitly set forth herein, you have no ownership rights in the Work and no right to sell, license, copy, modify, reproduce, or create derivatives of the Work without the prior written consent of Real Estate Media 9.
In exchange for the Grant of Rights set forth herein, Real Estate Media 9 grants to the Purchaser a limited, non-exclusive license to use the media delivered by Real Estate Media 9 solely to market and promote the associated Property as a vacation rental or short-term rental ("Your License"). Your License is subject to the following conditions:
Your License covers all territories and media and is valid only while the conditions above are met and payment has been received in full. You may authorize rental and booking platforms to display the media solely for the purpose of advertising the subject Property as a rental, for as long as the Purchaser actively owns or manages that Property as a rental.
Real Estate Media 9 retains the right to use any media produced for portfolio, marketing, editorial, contest, or promotional purposes, unless otherwise agreed upon in writing for certain sensitive properties. You may not sell, sublicense, or redistribute the Work to any third party without prior written consent from Real Estate Media 9. If you have privacy concerns or wish to restrict the use of media for a specific property (such as a high-profile or sensitive listing), you must notify Real Estate Media 9 in writing prior to, or at the time of, booking so appropriate accommodations can be made.
AI, Automated Tools, and Derivative Works Prohibited. Except with prior written consent from Real Estate Media 9, the following uses of Real Estate Media 9-created media (including, but not limited to, photos, videos, floor plans, and 3D tours) are strictly prohibited:
Real Estate Media 9 reserves all exclusive rights to develop, market, or provide AI-powered or automated services based on its original media. The licensee may not use Real Estate Media 9 media to develop or commercialize similar AI-driven or derivative services.
Any violation of this section will be considered a material breach of these Terms and may result in immediate termination of license rights, takedown requests, and potential legal action.
Upon sale of the Property, transfer of ownership, change of management, or the Property ceasing to operate as a rental, Your License terminates automatically as described in Section 9, and you are responsible for ensuring all media is removed from public platforms within five (5) business days. The license does not transfer to any subsequent owner, manager, or operator. Real Estate Media 9 retains the right to retain media for portfolio, marketing, or archival purposes unless otherwise agreed in writing.
By contracting with Real Estate Media 9 to produce the Work, you warrant and represent that you are authorized to enter into this Agreement with regard to the Property, and, if you are booking on behalf of a property owner or as a property manager, that you are authorized to bind the owner to these Terms. You certify that you have obtained all appropriate and necessary releases, permissions, waivers, licenses, and authorizations ("Clearances") for the Grant of Rights and Usage Rights set forth in these Terms, including Clearances from the owner of the Property, any homeowners association, resort, or management company controlling shared amenities (see Section 3), and any other owners of intellectual property rights contained in, on, or around the Property and captured as part of the Work, including the underlying architectural work.
You further warrant that the Property owner and any occupants of the Property, including transient guests, have waived any expectation of privacy in relation to the media captured and distributed under this Grant of Rights, and that you are responsible for ensuring that no guest, third party, or personal property requiring a separate release appears in the Work, or for obtaining any such release. You agree to indemnify and hold harmless Real Estate Media 9 against any and all claims, costs, and expenses, including attorney's fees, due to uses of the Work for which you did not obtain the appropriate Clearance, including uses that exceeded the Clearances actually obtained by you.
Property Managers and Authorized Agents: If you book as a property manager or other agent acting on behalf of a Property owner, you are bound by these Terms in your own right and you also bind the owner to these Terms to the full extent of your authority. You and the owner are jointly and severally responsible for all obligations under these Terms. You specifically warrant that you are authorized to grant, on the owner's behalf, the rights and licenses in Section 9 (including Real Estate Media 9's retained portfolio, marketing, and commercial use of media depicting the Property) and the privacy waiver set forth in this Section. If you do not in fact hold that authority, you remain personally responsible for any resulting claim, and your indemnification obligations under these Terms apply in full.
In addition to the terms in Section 12, you shall indemnify and hold Real Estate Media 9, its officers, members, employees, contractors, licensees, sublicensees, agents, successors, and assigns harmless from and against any and all liability, claims, injuries, damages, loss, and expense (including court costs and reasonable attorneys' fees) resulting from the performance of this Agreement, or from any distribution or use of the Work resulting from your breach of any warranties, representations, or certifications hereunder, or resulting from the negligent or intentional acts or omissions of you, your officers, agents, independent contractors, employees, family members, invitees, licensors, the Property owner, guests, and/or occupants.
Survival of Indemnification: The indemnification and hold harmless obligations in this section survive the completion, expiration, or termination of this Agreement and remain in effect for any claims, demands, or liabilities arising from actions or omissions that occurred while this Agreement was active.
Floor plans are provided as a marketing and reference deliverable to help guests understand the property's layout. While a floor plan may serve as the basis for a posted emergency exit or evacuation map, emergency exit map and fire-safety requirements for vacation rentals vary by county and local jurisdiction and may include specific content, dimensions, and posting requirements. It is the Client's sole responsibility to confirm that any posted exit map or floor diagram meets the requirements of their jurisdiction and applicable fire and safety codes. Real Estate Media 9 makes no representation or warranty that a delivered floor plan satisfies any specific code, ordinance, or regulatory requirement.
The Client has requested, and Real Estate Media 9 has agreed to provide, drone photography coverage as part of this Agreement. Real Estate Media 9 warrants that the drone operator holds proper FAA Part 107 Certification. The Client understands and accepts that drone coverage is subject to Federal Aviation Administration Regulations Part 107, which may limit or restrict the coverage available, including restrictions to daylight operation and certain types of airspace. Where drone coverage involves flight over or around resort, community, or shared property, the Client is responsible for any permission required from the controlling owner, association, or management company, as described in Section 3.
In the event drone coverage is completely unavailable due to FAA Regulations, the operator's determination that weather or other conditions make drone usage unsafe, restricted airspace, or any other reason, Real Estate Media 9's liability shall be limited to the return of funds specifically designated for the drone coverage under this Agreement. If a portion of the drone coverage is unavailable, Real Estate Media 9's liability shall be limited to a pro-rata portion of those funds equivalent to the percentage of lost coverage.
Drone Coverage Scheduling & Timing: If drone photography cannot be performed at the scheduled appointment due to FAA regulations, restricted airspace, or unsafe weather, Real Estate Media 9 will promptly notify the Client and work to reschedule the drone portion as soon as conditions allow. Turnaround time for drone media may be adjusted to accommodate rescheduling or delays. Real Estate Media 9 will make reasonable efforts to minimize delays and communicate revised timelines.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. This Agreement is governed by and construed in accordance with the laws of the State of Florida. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts located in Central Florida.