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brooke haven media
Terms of Service

1. Copyright & Licensing

  • All images and videos remain the exclusive property of Brooke Haven Media.

  • The original agent who commissioned and paid for the service receives a limited, non-transferable license to use the media only for the active listing period of the property.

  • Once the property is sold, expired, or withdrawn, the license automatically terminates.

2. Licensing & Prohibited Uses

  • No Transfer: Media may not be transferred, sold, or given to another agent/person for expired or withdrawn listings.

  • No Unauthorized Commercial Use: Clients may not resell, sub-license, or share media with third-party marketing firms, staging companies, designers, or any other business.

  • No Modifications: Editing, altering, or modifying media is not permitted without prior written consent from Brooke Haven Media.

  • No Continued Use: If an agent re-lists a property, they must purchase a new license for continued use.

  • No Third-Party Use: Any third party, including home builders, stagers, or contractors, must purchase a separate license for any commercial use.

3. Relicensing Policy

  • Brooke Haven Media retains the exclusive right to relicense media at its discretion.

4. Payment & Cancellation Policy

  • Payment Terms: All payments must be made within 7 days of receiving the invoice. Late payments may incur a 2% interest charge per month.

  • Cancellation Policy: Cancellations or reschedules within 12 hours of the shoot may be subject to a $50 cancellation fee.

5. File Storage

  • Brooke Haven Media does not guarantee long-term storage of images and videos.

  • It is the client's responsibility to download and store all files upon delivery.

 

6. Property Conditions & Responsibilities

  • The property must be photography-ready at the scheduled time.

  • Any delays caused by an unprepared property may result in rescheduling fees.

  • The client is responsible for ensuring they have permission to photograph and record the property.

  • Brooke Haven Media is not liable for any disputes regarding unauthorized photography or videography.

7. MLS Compliance

  • The client is solely responsible for ensuring that all requested edits, alterations, or modifications comply with Multiple Listing Service (MLS) regulations.

  • Brooke Haven Media makes no guarantees regarding MLS compliance and assumes no liability for any violations resulting from modifications requested by the client.

  • If an edit request is later found to be non-compliant, the client assumes full responsibility for any consequences or penalties.

8. Indemnification & Liability

  • The client agrees to indemnify and hold harmless Brooke Haven Media from any claims, damages, or legal disputes arising from unauthorized use of media.

  • Brooke Haven Media is not responsible for any indirect damages, lost sales, or perceived marketing failures related to the use of media.

  • Brooke Haven Media is not responsible for any damage to property or personal belongings that may occur during the shoot unless due to proven negligence.

9. Marketing & Portfolio Use

  • Brooke Haven Media reserves the right to use images and videos for marketing, portfolio, website, and social media purposes unless the client requests otherwise in writing before the shoot.

10. Travel Fees

  • Any shoots requiring travel beyond [X] miles from [Your Business Location] may incur an additional travel fee of $[X] per mile.

11. Exclusive Rights to Raw Footage

  • Brooke Haven Media does not provide raw, unedited footage or images to clients unless explicitly agreed upon in writing for an additional fee.

12. Legal Enforcement

  • Any violation of these terms may result in legal action and financial penalties.

  • Brooke Haven Media reserves the right to pursue legal remedies for unauthorized use, including but not limited to DMCA takedowns, cease and desist orders, and copyright infringement claims.

By commissioning services from Brooke Haven Media, the client agrees to these Terms of Service.

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