Terms and Conditions for Real Estate Photography Services

AIR UNLIMITED CORP. / AIR UNLIMITED LLC
 

Terms and Conditions
 

1. Introduction

These Terms and Conditions govern all services provided by Air Unlimited Corp (Canada) and Air Unlimited LLC (USA) (“the Company”). By booking, accessing, or using any services, the Client agrees to be bound by these Terms, without exception.

2. Definitions

Company – Air Unlimited Corp, Air Unlimited LLC
Client – Any individual or entity booking or receiving services
 

Service Description

The Company offers professional real estate photography services, including property photography, virtual tours, editing, drone services, virtual staging, and other related services as agreed upon.

3. Property Readiness & Client Responsibility
The Client agrees and acknowledges the following:

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3.1 Property Preparation Requirements

The client is responsible for ensuring the property is fully prepared prior to the scheduled photography session. This includes:

• Complete cleaning of all areas to be photographed

• Removal of all clutter, personal items, and unnecessary objects

• Ensuring the property is photo-ready upon the photographer's arrival

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Staging is optional but recommended for optimal results. Please note that photographers are not responsible for cleaning, moving, rearranging, or decluttering any items on the property. All preparation must be completed before the photographer's arrival. Any delays caused by ongoing cleaning or preparation work while the photographer is on-site will incur a waiting fee of $45 per hour. Failure to adequately prepare the property may result in suboptimal photography results or the need to reschedule at an additional cost.
 

Notice Regarding Property Preparation and Reshoot Requests:

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In the event that the property is not properly cleaned, decluttered, or photo-ready at the time of the scheduled photography session, and the client subsequently requests a reshoot following post-appointment cleaning or preparation of the property, no complimentary reshoot shall be provided under any circumstances. This policy applies irrespective of the manner in which the reshoot request is framed or communicated.

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If the property was not adequately prepared at the time of the original shoot, the Company will not entertain any complaints or reshoot requests, regardless of the stated reason. This includes complaints citing technical problems, quality concerns, lighting, angles, editing, or any other factors. The appearance of the property directly impacts the final results, and poor outcomes stemming from an unprepared property cannot be remedied through reshoots at the Company's expense.

Any reshoot requested after the property has been cleaned, decluttered, or otherwise prepared subsequent to the original photography session shall be treated as a new, independent booking and shall be billed at the full prevailing rate. No exceptions will be made to this policy.

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Failure to adequately prepare the property in accordance with these Terms and Conditions may result in suboptimal photography results. The client bears sole and exclusive responsibility for all aspects of property preparation and accepts all consequences of inadequate preparation.

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3.2 Attendance Requirement
Clients are strongly recommended to be present during the scheduled shoot to communicate any special requirements or preferences directly to the photographer. If the client is not present or does not specify special requirements at the time of the shoot, the photographer will proceed following our standard photography process and professional best practices. Any special requirements or requests made after the shoot has been completed will require a reshoot and will incur additional costs at the prevailing rate.

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3.3 Property Access

Clients must ensure unrestricted access to the full property, including all rooms and amenities to be photographed. This includes providing all necessary access codes, fobs, keys, and entry instructions prior to the scheduled appointment.
 

If the photographer encounters delays or is unable to access the property due to missing or incorrect access information, a waiting fee of $45 per hour will apply. Significant access delays may require rescheduling the shoot, which will incur additional reshoot costs.

3.4 Parking
Clients are responsible for arranging parking in advance at a suitable and safe location for the photographer's vehicle. Clear parking instructions, including the specific location, must be provided prior to the scheduled appointment.

If no parking arrangements are communicated or if instructions are incomplete, the photographer will park in the nearest reasonable and safe available spot at their discretion. Delays caused by unsuitable or inadequate parking arrangements provided by the client may incur a waiting fee of $45. Any parking fees, fines, or charges incurred by the photographer due to inadequate parking arrangements will be added to the client's invoice.

4. Cancellations, Rescheduling & Waiting Fees

4.1 Late Cancellations and Changes

Changes made within 24 hours of the scheduled appointment are considered last-minute and will result in additional charges. This includes:

• Cancellations

• Rescheduling requests

• Properties that are not prepared and photo-ready at the appointment time

 

Fees Applied:

• ​$45 cancellation/rescheduling fee

• All driving and travel expenses incurred by the photographer
   

4.2 Property Readiness
Properties must be fully prepared at the scheduled appointment time. If the photographer arrives and determines the property is not photo-ready, they reserve the right to leave without completing the shoot. In such cases:

• The full service fee for the scheduled appointment remains due

• Any required reshoot will be booked and billed as a new, separate service

• No refunds or credits will be provided for the original appointment

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5. Weather, Lighting & Scheduling

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5.1 Weather Conditions

Weather and natural lighting conditions are beyond the Company's control. The client acknowledges and accepts full responsibility for weather-related outcomes. The Company is not obligated to provide reshoots or refunds for photographs affected by:

• Inclement weather (rain, snow, fog)

• Cloud cover or overcast conditions

• Harsh or unfavorable sunlight

• Seasonal conditions (winter appearance, yellow or dormant grass, leafless trees)

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Client Action Required: If specific weather or lighting conditions are desired (sunny skies, golden hour, optimal seasonal appearance), the client must proactively reschedule the appointment before the originally scheduled date. Proceeding with a shoot under any weather conditions constitutes acceptance of those conditions, and no complimentary reshoots will be provided.

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5.2 Weather-Related Reshoots

No complimentary reshoots will be provided due to weather-related dissatisfaction or unfavorable conditions. If the client wishes to obtain photographs under different weather conditions, they must book a new appointment at the full standard rate.

5.3 Lighting Conditions and Appointment Timing
The quality and appearance of photographs are directly affected by natural lighting conditions at the time of the shoot. Clients who schedule appointments during non-optimal lighting hours acknowledge and accept potential limitations, including:

• Evening or late afternoon appointments

• Nighttime shoots

• Overcast or low-light days

• Times with insufficient natural sunlight

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The Company does not guarantee optimal lighting quality for appointments scheduled during these times, and no complimentary reshoots will be provided due to lighting limitations. By scheduling an appointment at a specific time, the client accepts full responsibility for all lighting outcomes associated with that time slot.

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For best results, clients are encouraged to schedule appointments during midday or early afternoon hours when natural lighting is typically optimal.

5.4 Twilight and Specialty Lighting
Twilight photography requires specific timing, equipment, and procedures and must be booked as a separate, dedicated twilight session. If a client books a standard photography session but later requests twilight-style lighting or images, the Company will not accommodate these requests retroactively. Clients requiring twilight photography must book it as a separate appointment in addition to any standard sessions.

 

6. Property Size and Pricing Adjustments

Accurate square footage is required at the time of booking to ensure proper pricing. The client is responsible for providing correct property measurements.
 

Price Adjustments:

• If the actual square footage exceeds what was initially provided, additional charges will apply

• Price adjustments may be calculated and invoiced after the shoot and delivery of photos

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Clients should verify property measurements before booking to avoid unexpected pricing adjustments.

 

7. Photography Angles and On-Site Requests
 

7.1 Client Absence

If the client is not present during the scheduled shoot, the photographer will use their best professional judgment and follow the Company's standard photography process for capturing the property. Any specific photo requirements, angles, or compositions must be communicated to the Company in writing prior to the shoot date. If specific requirements are not provided in advance and the client is not available on-site to direct and verify that requirements are met, no complimentary reshoots will be provided. Any reshoot requests under these circumstances will be treated as a new booking and billed at the full rate.

7.2 Specific Angle and Style Requests
All requests for specific angles, compositions, or shooting styles must be submitted in writing to the Company prior to the scheduled shoot date. Verbal requests made directly to photographers on-site are not binding unless confirmed and approved through the Company in advance.

7.3 Additional Services and Scope Changes
Any requests for additional services or scope changes made on-site—including extra rooms, amenities, features, drone photography, videography, or other add-ons—must be approved by the Company and will incur additional fees. Photographers cannot authorize scope changes without Company approval. Additional services will be billed separately and must be paid before delivery of the expanded content.

8. Photographer Scope of Work
Photographers will complete only the services explicitly listed in the confirmed booking order. Photographers are not responsible for and will not perform any of the following tasks:

 

• Moving, rearranging, or repositioning furniture, décor, or any items

• Removing garbage, debris, or clutter

• Cleaning surfaces, windows, or any areas of the property

• Waiting for staging or preparation to be completed

• Handling, moving, or arranging personal belongings or objects

 

Any expectations or requests outside the specifically booked and confirmed services are not within the scope of work and will not be accommodated. Clients must ensure all property preparation is completed before the photographer's arrival.​

Square Footage Adjustment

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9. Revisions and Delivery

9.1 Post-Production Revisions

Each order includes two (2) complimentary post-production revisions for editing adjustments. These revisions apply to modifications of existing captured content and do not include reshoots. Additional editing revisions beyond the included amount will be charged at $10 per revision.

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For virtual staging services, one (1) complimentary revision is included per virtually staged image. Additional revisions will incur extra charges.

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Important: All revision requests must be submitted together in one consolidated message. Multiple separate revision requests may be subject to additional fees.

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9.2 Standard Delivery Timeframes

Standard delivery times are as follows:

• HDR Photography: within 24 hours of the shoot

• Video: within 48 hours of the shoot

• 3D Virtual Tours (Matterport): within 48 hours of the shoot

• Floor Plans: within 48 hours of the shoot

• Virtual Staging: within 48-72 hours of request

• Drone Photography/Video: within 24-48 hours of the shoot

• Twilight Photography: within 24 hours of the shoot

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Please Note: Delivery times are estimates and may be extended based on factors including workload volume, weather conditions, property size, and project complexity. The Company will make reasonable efforts to meet standard timeframes but does not guarantee exact delivery times.

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10. Copyright and Usage Rights

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10.1 Copyright Ownership

The Company retains full copyright ownership of all photographs, videos, virtual tours, floor plans, and any other media produced. The client does not acquire ownership rights to the original media files or copyright.

 

10.2 Usage License

Clients are granted a non-exclusive, non-transferable license to use the delivered media solely for real estate marketing purposes related to the specific property photographed. This license permits use in Multiple Listing Service (MLS) listings, real estate websites, social media marketing, and promotional materials directly related to the sale or lease of the property.

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10.3 Prohibited Uses

Clients are expressly prohibited from:

• Reselling, sub-licensing, or distributing the media to third parties

• Transferring usage rights to other individuals or entities

• Re-editing, altering, or modifying the media without prior written permission from the Company

• Providing the media to third parties for their independent use

• Using the media for commercial advertising, print publications, or promotional purposes unrelated to the specific property without prior written approval

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10.4 Enforcement

Violations of these copyright and usage terms may result in immediate termination of the license, additional fees, and potential legal action. The Company reserves all rights to enforce its intellectual property protections.

11. Matterport and 3D Virtual Tour Terms

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11.1 Hosting and Storage
Matterport 3D virtual tours are hosted on the Matterport platform for up to three (3) months from the date of delivery at no additional charge. Continued hosting beyond the initial three-month period requires a monthly hosting fee. It is the client's responsibility to contact the Company proactively before the three-month period expires if extended hosting is desired. Tours will be removed from hosting after three months unless the client arranges and pays for continued service.

 

11.2 Multi-Unit Properties

Clients must disclose at the time of booking if the property is a multi-unit property (duplex, triplex, fourplex, or other multi-unit configuration). Multi-unit properties present unique scanning challenges and often require multiple separate Matterport models to capture each unit properly, which will result in additional charges.

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For multi-unit properties, clients must ensure:

• Accurate disclosure of the number of units at booking

• All units are vacant or unoccupied during the scanning process

• All units are fully accessible with provided access codes or keys

• All units are cleaned, decluttered, and photo-ready

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Additional fees for multi-unit properties will be determined based on the number of units, total square footage, and whether multiple Matterport models are required. These costs must be confirmed and approved prior to the scheduled appointment. Failure to disclose multi-unit status may result in incomplete scans, additional charges, or the need to reschedule.

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12. Drone Photography and Videography

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​12.1 Client Responsibilities

For drone operations, clients are responsible for the following:

On-Site Presence: The client or their authorized representative should be present during drone operations to provide visual confirmation and direction for specific shots, angles, and areas to be captured. If the client is not present, the photographer will follow the Company's standard drone photography process using professional judgment.

Shot Specification: Any specific requests for angles, elevations, property areas, or particular shots must be communicated to the Company in writing prior to the scheduled appointment. If the client is not present and has not provided advance specifications, the photographer will capture standard drone shots according to Company protocol.

12.2 Reshoots and Additional Charges

​If the client is not present and has not provided specific shot requirements in advance, or if unclear instructions or lack of client direction results in client dissatisfaction with the delivered drone content, any reshoot requests will be treated as a new booking and charged at the full rate. No complimentary reshoots will be provided due to client absence, insufficient advance communication, or unclear direction.

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13. Cloud Storage and File Retention

All delivered media files (photographs, videos, 3D tours, floor plans, etc.) are stored on the Company's cloud storage system for a maximum of three (3) months from the delivery date. After this retention period:

• Files may be permanently deleted from cloud storage

• File retrieval is not guaranteed and may not be possible

• Re-delivery of deleted files may require additional fees if available

Client Responsibility: Clients are solely responsible for downloading and securely storing all delivered media files immediately upon receipt. The Company is not responsible for any loss of access to files after the retention period expires or for any consequences resulting from the client's failure to download files in a timely manner.

14. Payment Terms

14.1 Payment Due Date

Full payment is due prior to the scheduled service date unless alternative payment arrangements have been agreed upon in writing by the Company. Services will not be performed until payment is received, except where prior written arrangements specify otherwise.

Any difference in square footage compared to booking will be adjusted in final pricing accordingly. Clients must be accurate during the booking process.

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14.2 Late Payment and Collection

Invoices that remain unpaid after thirty (30) days from the invoice date will incur the following penalties:

• A late payment surcharge of fifteen percent (15%) of the outstanding balance will be applied monthly

• Late payment surcharges will accumulate for up to three (3) months

• Unpaid invoices exceeding ninety (90) days past due will be sent to a collection agency, and the client will be responsible for all collection costs, legal fees, and associated expenses

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14.3 Invoice Disputes

Any disputes, questions, or concerns regarding an invoice must be raised in writing to the Company within fifteen (15) days of the invoice date. Failure to dispute an invoice within this timeframe constitutes acceptance of all charges. Late payment penalties will continue to accrue on undisputed portions of invoices during the dispute resolution process.

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15. No Refund Policy

All sales are final. The Company maintains a strict no-refund policy under all circumstances. Refunds will not be issued for any reason, including but not limited to:

• Weather conditions or dissatisfaction with weather on the day of service

• Natural lighting conditions or time-of-day lighting issues

• Property not being prepared, cleaned, or ready at the scheduled time

• Incorrect booking information provided by the client (square footage, property type, etc.)

• Client absence or failure to be present during the shoot

• Miscommunication between the client and photographers

• Client changing their mind about services after booking

• Subjective preferences regarding editing style or post-production choices

• Scheduling conflicts or cancellations initiated by the client

• Dissatisfaction with final deliverables that meet the Company's professional standards

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By booking services with the Company, clients acknowledge and accept this no-refund policy. All payments are non-refundable once services have been scheduled or performed.

 

16. Dispute Resolution and Jurisdiction

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16.1 Governing Jurisdiction

The jurisdiction governing this agreement and any disputes arising from services provided is determined by the client's location:

• Canadian Clients: All disputes will be governed by and resolved under the laws of the Province of which the Company operates and provides services. Any legal proceedings must be brought in the courts of that province. 

• U.S. Clients: All disputes will be governed by and resolved under the laws of the state in which the Company operates and provides services. Any legal proceedings must be brought in the courts of that state.

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16.2 Alternative Dispute Resolution

Before pursuing any legal action or court proceedings, the client agrees to first attempt to resolve any disputes through good-faith mediation or binding arbitration. The costs of mediation or arbitration will be shared equally between the parties unless otherwise determined by the mediator or arbitrator.

 

16.3 Legal Fees

In the event that legal action becomes necessary, the prevailing party shall be entitled to recover reasonable attorney's fees, court costs, and related expenses from the non-prevailing party.

 

17. Agreement Acceptance and Acknowledgment

By booking, scheduling, or using any services provided by the Company, the client explicitly acknowledges, agrees to, and accepts the following:

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17.1 Understanding of Terms

The client confirms that they have thoroughly read, understood, and agree to be bound by all terms and conditions outlined in this agreement, including all policies, fees, limitations, and responsibilities detailed herein.

 

17.2 Client Responsibilities

The client accepts full and sole responsibility for:

• Selecting appropriate scheduling and timing for services

• Ensuring property readiness, preparation, cleanliness, and accessibility

• Weather conditions and natural lighting on the scheduled date

• Providing accurate property information, access codes, and parking arrangements

• Being present or providing adequate advance instructions for specific requirements

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17.3 Waiver of Claims

The client expressly waives any right to dispute, claim refunds for, or seek remedies related to dissatisfaction, suboptimal results, or any issues arising from:

• The client's own booking choices, timing, or scheduling decisions

• Weather, lighting, or seasonal conditions on the chosen date

• Property unpreparedness or accessibility issues

• Failure to communicate specific requirements in advance

• Any other circumstances within the client's control or resulting from the client's decisions

By proceeding with booking or service, the client confirms their complete acceptance of these terms without reservation.

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18. Photographer Safety and Right to Discontinue Service

18.1 Safety Priority

The safety and well-being of our photographers is our highest priority. The Company reserves the absolute and unconditional right to modify, limit, postpone, or discontinue services on-site if, in the professional judgment of the photographer, conditions present a risk to personal safety, equipment integrity, or property.

18.2 Unsafe Conditions

Unsafe conditions include, but are not limited to:

• Severe or hazardous weather (thunderstorms, lightning, high winds, ice storms, extreme temperatures)

• Icy, slippery, unstable, or hazardous terrain

• Uncleared snow or ice on driveways, walkways, stairs, backyards, or entry points

• Structurally unsafe buildings, damaged floors, unstable surfaces, or areas under construction

• Aggressive, uncontrolled, or threatening animals on the property

• Hostile, threatening, uncooperative, or intoxicated occupants or individuals on-site

• Lack of adequate lighting in dark or enclosed spaces

• Restricted access areas that pose safety risks

• Presence of hazardous materials, mold, or unsafe environmental conditions

• Any other circumstances or conditions deemed unsafe by the photographer at their sole discretion

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18.3 Service Discontinuation

If the photographer determines that conditions are unsafe and chooses to discontinue service:

• The photographer may leave the premises immediately without completing the scheduled service

• The client will still be responsible for the full service fee

• No refunds will be issued

• Any reshoot or completion of service will be treated as a new booking and billed at the full rate

• The client must rectify all safety concerns before any rescheduled appointment

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18.4 Client Responsibility for Safe Working Environment

Clients are responsible for ensuring a safe working environment for photographers. This includes but is not limited to:

• Clearing snow and ice from all driveways, walkways, stairs, entry points, and outdoor areas to be photographed

• Securing or removing aggressive or uncontrolled animals

• Ensuring structural safety and stability of all areas to be accessed

• Maintaining clear, safe, and unobstructed access paths throughout the property

• Ensuring adequate lighting in all areas to be photographed

• Ensuring all occupants or individuals on-site behave respectfully and cooperatively toward the photographer

• Removing or clearly marking any hazards, obstacles, or dangerous conditions

Failure to provide a safe working environment may result in service discontinuation with full charges applied and no refund issued.​