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Terms of Service

ALTITUDE MOTION MEDIA TERMS OF SERVICE  

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GUIDELINES IN PLACE TO ENSURE PROPER EXPECTATIONS & UNDERSTANDING

By ordering services from Altitude Motion Media, the client agrees to the following Service Agreement for video and photo needs. We have these guidelines in place to ensure a smooth and efficient service is completed by us as Altitude Motion Media and received by you as the client.
 

APPOINTMENT REQUESTS:

  • To ensure the best results of the appointment, please be sure the property is ready prior to the scheduled appointment.  This includes turning on the lights, removing unwanted items, and making sure the property is clean and fully ready for photos and/or video.

  • By confirming your appointment, you agree to the readiness expectations and policy. You agree that the home will be ready to photograph and film on the scheduled date and time you have selected. This includes working with the builder and seller to ensure the home is photo and/or video-ready prior to our arrival.

  • While Altitude Motion Media does strive to honor the appointment time, we do reserve the right to change your time to accommodate our travel schedules. 

  • Our regular business hours are M-Th 9am to 5pm and Friday 9am-1pm.  We can be available for shoots outside of this time frame for an additional fee, however it is not guaranteed.

 

PREPARATION AND READINESS:

  • Any home that is not photo and/or video ready on the scheduled date and time will result in a $75 day of rescheduling and/or day of cancellation fee.

  • For liability purposes, Altitude Motion Media does not handle any of the prep for the readiness of the property, including but not limited to, cleaning or moving of furniture.

  • For safety and efficiency, please have all pets secured or put away prior to our arrival. 

  • It is highly recommended that the agent and/or homeowner be present for the appointment to communicate any special shot requests to the photographer. It is the agent’s responsibility to inform us of any specific angles, property areas, home features, or must-have images that will need to be photographed. If the agent does not inform us of any specific shot requests, the photographer on-location will determine the compositions and will photograph the property at their discretion. We are NOT responsible for capturing specific shots that we have not been made aware of. 

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TIME, CANCELLATIONS, AND WEATHER POLICY:

  • By confirming your appointment, you agree to Altitude Motion Media’s cancellation/reschedule policy: cancellation/reschedule of an appointment is allowed up to the day before the appointment.

  • Any cancellation and/or rescheduling of an appointment on the same day as the scheduled appointment will result in a $75 fee.

  • Though we do not charge a rescheduling fee due to weather-related circumstances, it is at the client’s discretion if they would prefer to reschedule the set appointment due to weather-related circumstances. NOTE: we cannot provide aerial/drone services while it is raining/there is moisture in the air or during hazardous wind conditions.

  • If the client would like to reschedule due to weather-related conditions, we ask the client to reschedule within 24 hours before the appointment.

  • Homes with a significant amount of square footage could require additional time.

  • Turnaround time for video is typically 2-3 business days.

  • Turnaround time for photos is next business day delivery, by the end of the business day.

  • Same-day photo rush is available at a fee of $95.  However, Altitude Motion Media may not always be able to provide this service.

  • Next-day video rush delivery is available at a fee of $125. However, Altitude Motion Media may not always be able to provide this service.

 

​REFUNDS:

  • At Altitude Motion Media, our services are nonrefundable. We pride ourselves on producing the best media possible at all levels. If you are unhappy with your media, please contact our office directly at 402-417-0678.

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TRAVEL & ADDITIONAL SQUARE FOOTAGE COST: 

  • Altitude Motion Media covers a 10-mile radius from the center of Lincoln, Nebraska. In the case Altitude Motion Media is needed to travel more than 10 miles from central Lincoln, there will be an additional travel fee for any miles traveled outside of our 10-mile radius from central Lincoln (this includes travel to and from the location). This fee covers Altitude Motion Media’s time and operational costs. See our online booking platform to visit the calculator to determine your travel cost based on your property location. ​​All mileage outside of the state of Nebraska does require a custom travel quote.

  • Our additional costs for square footage can be found at booking when you click BOOK NOW on the Altitude Motion Media website. Please see the breakdown for each package and square footage range based on your property’s tier. This fee covers Altitude Motion Media’s time and operational costs on homes with additional square footage.

 

 PHOTO & VIDEO POST-EDITING:

  • Altitude Motion Media’s photos are delivered the next business day by the end of the business day. Any additional photo edits, photoshop, clean-up, specific/intricate requests, etc. will require a per photo re-editing charge. Please include all intricate details regarding editing requests in the appointment notes at booking to avoid any re-editing fees.

  • Altitude Motion Media’s video walk-throughs typically follow a format of drone footage followed by property walk-throughs, with royalty-free music. If another format is needed, the client must provide specific requirements or details in the “comments” section when booking an appointment with Altitude Motion Media prior to editing.

  • Any additional edits to a video or photo order after Altitude Motion Media has finalized it requires additional work for Altitude Motion Media (edits, re-export, upload to MLS, ZILLOW, YouTube, social media outlets, and more) and will be subject to a re-editing fee of $75 minimum. This re-edit fee could be greater depending on the client's edit requests.

  • Our standard photo offerings are shot in natural light without any additional lighting. This may cause slight color variations in some of your interior images that will not be corrected in Photoshop without additional cost and labor. 

  • All floor plan measurements are estimates. Actual measurements may vary. Floor plan measurements are for illustrative and marketing purposes only. Floor plan measurements are not guaranteed to be accurate. 

  • All lot line photos and videos are for illustrative and marketing purposes only, and are not to be considered a legal representation. 

 

LIMITED LICENSING RELEASE:

  • Altitude Motion Media does not sell photographs or video. Instead, we license the use of them for the sale and promotion of a real estate listing or commercial/ event promotion. Photographs and videos are considered intellectual property– much like music or software you may purchase. You’re not ‘owning’ the photos/music/software, but instead using it for your specific need, which in most cases is the sale and promotion of a listing, event, or business.  In any case, the photographs and videos should only be used for what the client indicated during the initial agreement.

  • In the Licensing Release, only the client has permission to use the delivered photos and video on any electronic or printed forms of advertisement for the promotion of the listing. Clients may use these videos and photographs on their social media or MLS listing services by the purchasing client, solely for the promotion of the listing during the pendency of the agreement. This means that any builders, stagers, designers, or “third parties” who wish to use photographs or video owned by Altitude Motion Media must contact us directly for licensing and fees of their own.

  • However, regardless of any terms and conditions of the MLS, at no time does this agreement provide the right to transfer copyright or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106.

  • Since photography is a large part of what we do, we ask that our images keep their integrity and originality. Please avoid heavily altering (with the exception of resizing) our photographs and video once delivered. This ensures that the product that we’ve created and put out accurately reflects our standards and quality assurance.

  • Photographs and video can be made available to another real estate agent or person who takes over an expired or withdrawn listing at a rebranding fee, with the consent of the former agent & person. Please contact us for any rebranding needs.

  • The keywords are permission and license. Without it, you’re in violation of our terms of service, but more so, you’re discrediting our originality. If you’re unclear on the usage of your photos or videos, be sure to ask any and all questions. We're here to be a team and want nothing but transparency with our clients!

 

PAYMENT & LATE FEES:

  • Full payment is due upon delivery of media at the time of download. We do require payment for media to be unlocked in the property gallery to allow for download.

  • Overdue payments are subject to a $25/week late fee at our discretion.

  • Payments overdue past a month are subject to an additional $100/month or 15%/month late fee at our discretion.

  • Booking a service with us means you agree and understand the payment schedule on your quote/order and the applicable late fees for non-payment.

  • In the event the bill goes without payment for more than 4 weeks, your brokerage office will be contacted and informed of the outstanding balance to a vendor.

  • New services cannot be booked when there is an outstanding balance. 

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PHOTO & VIDEO USAGE:

  • Video and photos produced by Altitude Motion Media may be uploaded to any social media or MLS listing services by the client, solely for the promotion of the listing during the pendency of this agreement.

  • However, regardless of any terms and conditions of the MLS, at no time does this agreement provide the right to transfer copyright or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106.

 

WORK PRODUCT OWNERSHIP:

  • Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by Altitude Motion Media shall be the exclusive property of Altitude Motion Media.

  • Altitude Motion Media reserves the right to use video and photos for advertising, display, publication, or other purposes.

  • All photos, samples, videos, and proofs remain the exclusive property of Altitude Motion Media unless waived by amendment to this agreement. Unauthorized use of photographs/video is a copyright violation and will result in the termination of this contract.

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PROPERTY OWNER APPROVAL:

  • The Client may need to obtain a written signed approval from the property owner prior to filming or taking pictures. Altitude Motion Media can provide (at request) a written approval form.

  • Altitude Motion Media makes every effort to maintain the privacy of the property owner's neighbors. All footage is focused on the property being filmed and Altitude Motion Media will do its best to respect the privacy of anyone not directly involved. If necessary, the client may be required to ask for permission from neighbors before Altitude Motion Media begins filming.

 

SEVERABILITY:

  • If one or more of the provisions contained in the Agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

 

ELECTRONIC NEWSLETTER AND OPT-OUT:

  • By contacting or hiring Altitude Motion Media, you agree to receive occasional email correspondence and electronic newsletters. Users may opt-out of receiving future electronic newsletters by clicking on the unsubscribe link at the bottom of the newsletter.

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