Terms of Service

By ordering services from BlockHouse Media Co. ("BHM"), the customer or Client ("Client") agrees to the following legally binding terms and conditions governing the use of digital media assets. These policies are designed to ensure a professional, transparent, and mutually respectful relationship between the Client and BHM.

WHEREAS, BHM is the sole and exclusive owner of all copyrights and intellectual property rights in and to the digital media produced under this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows:

Client acknowledges and agrees that all media provided under this Agreement is licensed on a limited, non-exclusive, non-transferable basis solely for the purposes expressly authorized by BHM.

Client shall not sublicense, assign, or otherwise transfer any rights granted under this Agreement without the prior written consent of BHM.

Client agrees to indemnify, defend, and hold harmless BHM, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in connection with Client's use of the media, breach of this Agreement, or violation of any applicable law.

Limitation of Liability: In no event shall BHM be liable to Client or any third party for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the services or media provided, regardless of the theory of liability. BHM's total liability under this Agreement shall not exceed the amount paid by Client for the services rendered. BHM makes no guarantee regarding listing performance, engagement, views, inquiries, or sale outcomes resulting from the use of any media or services provided.

Client agrees that any unauthorized use of the media shall constitute a material breach of this Agreement and shall be subject to injunctive relief and damages, as further described in Sections 2 and 3.

This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law principles.

Any disputes arising under or in connection with this Agreement shall be resolved exclusively in the state or federal courts located in Adams County, Nebraska, and the Parties hereby consent to the jurisdiction and venue of such courts.

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties.

No amendment or modification of this Agreement shall be valid unless in writing and signed by both Parties.

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

The failure of either Party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

1. Ownership & Licensing

All digital media produced by BHM is the exclusive property of BHM. BHM retains all rights, title, and interest in and to all media, including but not limited to photographs, videos, and edited content. Media is licensed, not sold, and may only be used when, how, and where expressly authorized by BHM. Copyright is not transferred to any other party unless a specific written agreement is made. Licensing is granted under the conditions stated herein, including but not limited to payment in full and proper copyright attribution and protection.

2. Permitted Use

Images are licensed to the agent for:

i.) The Agent and Broker are granted a non-exclusive, perpetual license to use the images and media of the property for marketing, advertising, and promotional purposes, in any format or medium. The images may not be altered, edited, or used in any manner that is misleading, defamatory, or detrimental to the reputation of the property owner. Minor adjustments such as cropping or resizing that do not misrepresent the property or alter BHM's creative intent are permitted. Any substantive edits, composites, or removals/additions of elements must be performed by BHM or approved in writing.

Agents may post images on multiple listing services (MLS) and use them for general marketing and advertising purposes related to the promotion of the property or Client's brand image. Tagging or crediting of BHM may be requested and should be honored.

Unauthorized altering of media is a breach of this Agreement. BHM reserves the right to issue an invoice for full commercial licensing of the affected media, pursue legal action, issue removal notices to any platform hosting the unauthorized alteration, and/or apply additional fees as warranted by the circumstances.

3. Restrictions & Unauthorized Use

Media may not be transferred to another agent or reused for future listings without written permission. Client may not provide media to builders, stagers, designers, or other third parties without written permission of BHM. Client's rights herein may not be assigned without the written permission of BHM.

Unauthorized publishing or sharing of media is a breach of this Agreement. BHM reserves the right to issue an invoice for full commercial licensing of the affected media, pursue legal action, issue removal notices to any platform hosting the unauthorized use, and/or apply additional fees as warranted by the circumstances.

4. Indemnification & Liability Waiver

The Client agrees to indemnify, defend, and hold harmless BHM from any and all claims, liabilities, damages, or expenses (including attorney's fees) arising from the use of BHM's services or media, any copyright infringement resulting from the Client's use of music or third-party content, and any claims made by third parties related to the Client's use of the media.

BHM provides the services and media "as is" and hereby disclaims all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. BHM shall not be liable for any loss, corruption, or public disclosure of Client data or the media itself resulting from unauthorized access, hacking, or other security breaches beyond BHM's reasonable control.

BHM's total liability is strictly limited to the amount paid by the Client for the services rendered. BHM is not responsible for issues arising from third-party domains or platforms linked to its website.

5. Shoot Requirements

Properties must be ready prior to the scheduled shoot time. BHM does not clean, dust, or move furniture. All properties are photographed as-is. If an object is moved, it will be returned to its original position before the completion of the shoot. Pets must be secured prior to the shoot. The Client must ensure a safe environment for the photographer.

Unless otherwise specified, the entire home will be photographed. Areas to exclude must be communicated in advance at checkout. Neighborhood amenities (e.g., clubhouses, pools) are not included in standard shoots and require separate service booking.

The Client warrants that it has rights to access the property and hereby authorizes BHM to access the property and capture media. If, in BHM's sole discretion, the property is deemed unsuitable for photography, the shoot will be rescheduled and subject to an additional cancellation fee.

6. Cancellation & Rescheduling

Same-day cancellations will incur a fee of 25% of the contract price.

If the photographer arrives and the shoot is canceled, a fee of 50% of the contract price plus applicable mileage will be charged.

Rescheduling due to inclement weather or other uncontrollable factors is at the sole discretion of BHM. Additional mileage may be waived in such cases.

Reschedules are subject to availability.

7. Weather Policy

Certain services may be impacted by weather conditions. Shoots will proceed only if safe and agreed upon by BHM. If the Client opts to proceed, best efforts will be made to produce quality results. Additional outdoor photos requested on a better weather day will incur a reduced revisit fee. No reschedule fee will apply for weather-related changes made prior to the shoot day.

8. Payment Terms

Payment is due upon delivery of images. Licensing is not authorized until full payment is received.

The Client agrees to pay all costs and reasonable attorney fees incurred by BHM in the collection of unpaid invoices.

Final invoices may differ from initial quotes due to adjustments for mileage, taxes, or other applicable fees.

9. Delivery & Turnaround

All media will be delivered by 11:59 p.m. of the next business day (Monday–Friday, excluding holidays) following the shoot date. Media from Friday, Saturday, or Sunday shoots will be delivered by 11:59 p.m. the following Monday. If delivery is not made on time, the Client may receive a statement credit. BHM shall not be liable for any failure or delay in performance, including media delivery, when such failure or delay is caused by circumstances beyond BHM's reasonable control, including but not limited to, acts of God, war, acts of terrorism, governmental action, labor strikes, power failures, or epidemic/pandemic events.

10. Revisions

BHM includes up to two (2) rounds of revisions per order at no additional charge, provided revision requests are submitted within fourteen (14) days of delivery. Revisions are limited to corrections of the originally delivered media (e.g., color/exposure adjustments, minor object removal, straightening) and do not include reshoots, new angles, or substantive re-edits.

Any revision requests beyond the two included rounds, or requests submitted after the fourteen (14) day window, will be billed at BHM's standard per-photo/per-service rate as outlined in Section 12 (Additional Fees).

11. Image Storage & Retrieval

Images are archived on the Client's order dashboard and guaranteed accessible for twelve (12) months from the date of delivery. After this period, BHM may archive, remove, or restrict access to media at its discretion, and long-term storage beyond twelve (12) months is not guaranteed. Clients are encouraged to download and independently back up all delivered media promptly upon receipt. BHM shall not be held liable for any loss, deletion, or unavailability of images at any time, including within the guaranteed twelve (12) month period, resulting from causes beyond BHM's reasonable control.

12. Additional Fees

Additional edits requested after delivery (e.g., grass replacement, object removal) beyond what is covered under Section 10 (Revisions) will incur standard per-photo/per-service fees. If dissatisfied with a deliverable or edit, contact BHM directly for resolution. All subsequent entities (e.g., builders, stagers, designers) requesting use of the media must obtain licensing directly from BHM. Additional fees apply. Standard delivery times apply.

13. Communication & Invoicing

All invoices will be payable on BHM's portal connected to the email address provided by the Client at the time of booking. The Client is responsible for ensuring the accuracy and accessibility of the provided contact information.

14. Promotional Use

Regardless of purchase, BHM reserves the right to retain and use all media for promotional purposes, including but not limited to: BHM's portfolio, website, social media, educational materials, and contests and exhibitions.

If the Client requires media to be withheld from BHM's promotional or portfolio use, this must be requested in writing prior to the scheduled shoot and may be subject to BHM's approval. See also Section 21 (Confidentiality & NDA Requests).

15. MLS & Third-Party Platform Compliance

The Client acknowledges that all media must comply with Multiple Listing Service (MLS) and third-party platform rules. BHM will do its part to provide MLS compliant media and information. BHM is not responsible for any issues, rejections, or takedowns by MLS systems, real estate boards, or websites due to noncompliance or rule changes. Any requested modifications to meet platform requirements may incur additional editing or delivery fees.

16. Property Access & Occupancy

The Client is responsible for ensuring that the property is accessible at the scheduled time of service. BHM is not responsible for any delays, incomplete coverage, or reshoots resulting from locked doors, occupants, pets, contractors, or other access issues. A return visit may be subject to an additional trip fee.

17. Drone & Aerial Footage

All aerial media services provided by BHM are performed in compliance with FAA Part 107 regulations. Flights are subject to weather conditions, airspace restrictions, and safety considerations. If aerial operations cannot be completed due to legal or environmental conditions, a credit or reschedule will be offered at BHM's discretion.

18. 3D / Virtual Tours

3D virtual tour services are hosted by third-party providers. BHM provides access links for the duration stated at the time of booking. Continued hosting beyond that period may incur additional fees. BHM is not liable for any downtime, removal, or third-party service interruptions.

19. Client Representation

The Client represents and warrants that they have the full authority and all necessary permissions from the property owner or authorized representative to commission photography, videography, and aerial services. BHM shall not be held responsible for any disputes arising from unauthorized media capture.

20. Privacy & Sensitive Information

The Client is responsible for ensuring that any personal or sensitive items (e.g., photographs, documents, personal identifiers) are removed or concealed prior to photography. BHM shall not be responsible for any inadvertent inclusion of such items in the media.

21. Confidentiality & NDA Requests

BHM agrees to treat all non-public information obtained in the course of providing services as confidential and will not disclose such information except as required by law or authorized by the Client.

For projects involving sensitive, pre-market, or high-profile properties or clients, the Client may request a mutual Non-Disclosure Agreement (NDA) prior to the commencement of services. NDA requests must be submitted in writing before the scheduled shoot date and are subject to BHM's review and approval.

22. Termination

BHM reserves the right to decline, suspend, or terminate services to any Client, at any time and at its sole discretion, in the event of:

• Abusive, threatening, or disrespectful conduct toward BHM staff or contractors;
• Misuse of media in violation of this Agreement;
• Non-payment or repeated late payment of invoices;
• Breach of any provision of this Agreement; or
• Requests that would require BHM to violate ethical standards, safety practices, or MLS/platform rules.

In the event of termination for non-payment or breach, the Client remains responsible for all outstanding fees for services already rendered, and no licensing of media will be granted until such fees are paid in full in accordance with Section 8 (Payment Terms).

23. Notices

Any notices required or permitted under this Agreement shall be in writing and delivered via email or certified mail to the addresses provided at the time of service booking. Notice shall be deemed received upon confirmation of delivery.