Terms of Service

Last updated: 17 September 2026

These Terms of Service ("Terms") govern all photography, video, aerial, 3D tour and related media services provided by Kaptiv Media LLC ("Kaptiv Media", "we", "us", "our") to you ("Client", "you"). By booking a shoot, submitting an order, or using media we deliver, you agree to these Terms.

1. Services

We provide real estate media services in the Dallas–Fort Worth area, which may include HDR interior and exterior photography, cinematic video, aerial (drone) imagery, 3D tours, twilight photography, virtual staging and related marketing media. The specific services, deliverables and price for your booking are set out in your order confirmation.

2. Booking and scheduling

A booking is confirmed when you receive a written confirmation from us.
You are responsible for providing accurate property access details — address, lockbox or gate codes, parking and entry instructions, and occupancy status.
We allow a reasonable waiting period at the property. If we cannot gain access within 20 minutes of the scheduled start time and cannot reach you, the appointment may be treated as a same-day cancellation under section 3.

3. Cancellation, rescheduling and reshoots

Cancellations. Cancel or reschedule with at least 24 hours' notice and you receive a full refund of anything paid, at no charge. Cancellations made within the 24-hour window before the scheduled start time will be assessed a cancellation fee.

Satisfaction guarantee. Your satisfaction is guaranteed. If you are not satisfied because of an error on our part, we will gladly reshoot the property at no cost to you.

The cancellation fee is 35% of the booking. Reshoots under the satisfaction guarantee are scheduled at the earliest mutually convenient time and cover the same scope as the original booking.

What the guarantee does not cover. A reshoot is not free where the reason is outside our control — for example the property was not ready, items needed removing, construction or landscaping was incomplete, occupants or pets were present, or you have changed what you want after the shoot. We will always quote fairly for a return visit in those cases.

4. Property readiness

We photograph the property as we find it. Preparing the property is the Client's responsibility, including cleaning, decluttering, staging, turning on lights, opening blinds, removing vehicles from the driveway and street view, and securing pets. Our team may make minor adjustments at their discretion but are not responsible for cleaning, moving furniture or staging.

5. Weather and conditions

Exterior, aerial and twilight work depends on weather and light. If conditions make it unsafe or unsuitable to shoot, we will reschedule the affected portion at no charge. Rescheduling for weather is not a cancellation and no fee applies.

6. Aerial (drone) operations

All aerial work is performed under FAA Part 107 by a certificated remote pilot. Some locations cannot be legally or safely flown — controlled airspace near airports, temporary flight restrictions, adverse weather, or obstructions. Where we cannot fly, we will tell you and remove the aerial portion from your invoice. We do not fly over people or neighbouring property where it would be unlawful or unsafe.

7. Pricing and payment

Prices are as quoted in your order confirmation or current published pricing.
Payment is due on delivery. Payments are processed by a third-party payment provider; we do not store full card details.
Invoices unpaid after 30 days may incur a late fee of 15% and further bookings may be suspended.
Travel beyond our standard service area may incur a travel fee, quoted in advance.

8. Copyright and licence

Kaptiv Media LLC retains full copyright and ownership of all images, video, aerial footage and 3D tours we create. You are granted a licence to use them, not ownership of them.

8.1 What your licence covers

On payment in full, Kaptiv Media LLC grants you a limited, non-exclusive, non-transferable licence to use the delivered media to market the specific property photographed, until that property sells, leases, or the listing expires or is withdrawn — whichever happens first.

Within that scope you may use the media for:

MLS listing entry and syndication to consumer portals.
Your own website, social media, email marketing and paid advertising for that listing.
Print collateral for that listing — flyers, brochures, postcards, signage.
Your brokerage's marketing of that same listing.

8.2 What the licence does not cover

Without a separate written licence from us, you may not:

Use the media for any other property, project or listing.
Continue using the media after the listing sells, leases or expires, other than in a personal portfolio of past sales.
Sell, sublicense, transfer, trade or give the media to any third party.
Allow builders, developers, stagers, designers, contractors, furniture suppliers, title companies, lenders, or property managers to use the media — they must license it from us directly.
Transfer the media to another agent or brokerage if the listing changes hands.
Remove, crop out or alter our watermark, credit or embedded metadata.
Make substantial edits, composites or derivative works, or misrepresent the property.
Submit the media to any service that uses it to train artificial intelligence or machine learning models.

8.3 MLS and third parties

You may grant your MLS only the rights the MLS requires to display the listing. Any MLS right to retain or reuse the media ends when the listing ends. You are responsible for removing the media from platforms you control once your licence ends.

8.4 Our rights

We retain the right to use the media in our own portfolio, website, social media, advertising and competition entries, as described in our Privacy Policy. Tell us before or at the shoot if a property must be excluded.

8.5 Unauthorised use

Use of our media outside this licence is copyright infringement and may result in an invoice at our standard unlicensed-use rate, licence termination, and any remedies available under the Copyright Act.

9. Virtual staging and digital enhancement

Virtually staged images, digital decluttering, sky replacement, lawn enhancement and similar edits alter the appearance of the property. You must clearly label these images as virtually staged or digitally enhanced wherever they are published, in line with MLS rules, Texas Real Estate Commission requirements and advertising law. You are responsible for that disclosure. We are not liable for claims arising from your failure to disclose.

10. Delivery and turnaround

Standard delivery for HDR photography is the next business day. Video, aerial, twilight and 3D deliverables follow the timeline quoted in your order. Turnaround runs from the completion of the shoot, not from booking. Rush delivery may be available for a fee.

Delivered files are hosted for download for 12 months. Please download and back up your files — long-term archival is not guaranteed.

11. Your commitments

You confirm that:

You have authority to permit photography of the property and to grant us access.
You have obtained any consent required from the owner, occupants, tenants or HOA.
You have disclosed any hazards, restrictions or security systems at the property.
You will use the media only as permitted in section 8.

12. Limitation of liability

To the fullest extent permitted by Texas law, our total liability arising out of or relating to your booking is limited to the amount you paid us for that booking. We are not liable for indirect, incidental, special or consequential damages, including lost sales, lost commissions, lost profits or delayed closings. We are not liable for equipment failure, file corruption, or events outside our reasonable control.

13. Indemnity

You agree to indemnify and hold harmless Kaptiv Media LLC and its personnel against claims, damages and costs arising from your use of the media, your failure to disclose virtual staging, your lack of authority or consent to photograph the property, or your breach of these Terms.

14. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. The exclusive venue for any dispute is the state or federal courts located in Tarrant County, Texas. The parties agree to attempt to resolve any dispute in good faith before filing suit.

15. Changes to these Terms

We may update these Terms from time to time. The version in effect on the date of your booking governs that booking. The "Last updated" date above reflects the current version.