Smithberg Media Terms of Service

Last updated: August 15, 2026

These Terms of Service govern photography, videography, drone, floor-plan, virtual-editing, and related real estate media services provided by Smithberg Media (“Smithberg Media,” "i," “we,” “us,” or “our”).

By scheduling an appointment, approving a proposal, paying an invoice, checking an acceptance box, or otherwise ordering services, the person or organization placing the order (“Client,” “you,” or “your”) agrees to these Terms.

1. Services

Smithberg Media provides real estate media services that may include:

Interior and exterior photography

Aerial photography and videography

FPV drone fly-through videos

Listing videos and social media content

CubiCasa or similar floor plans

Virtual twilight images

Virtual staging

Property boundary overlays

Object removal and other photo enhancements

Related editing and delivery services

The services and deliverables included in a particular order will be identified on the applicable booking confirmation, proposal, estimate, or invoice.

If a signed agreement or written proposal conflicts with these Terms, the signed agreement or proposal will control for that order.

2. Pricing and Payment

Prices are based on the property information, square footage, location, requested deliverables, and other details supplied by Client.

Client is responsible for providing accurate information. Smithberg Media may adjust the final price if the property is materially larger, more complex, farther away, or otherwise different from the information provided during booking.

Applicable taxes, travel charges, parking costs, permit fees, rush charges, platform fees, and specially requested expenses may be added when disclosed before or during the project.

Payment is due according to the applicable invoice or booking confirmation. Smithberg Media may withhold delivery, download access, publication rights, or future appointments until all outstanding amounts are paid.

Past-due balances may accrue a late charge equal to the lesser of 1.5 percent per month or the maximum amount permitted by law. Client is also responsible for reasonable collection costs associated with an unpaid balance where permitted by law.

3. Scheduling and Property Access

Client is responsible for:

Providing the correct property address

Securing permission to enter and photograph the property

Providing working access instructions

Ensuring that lockboxes, access codes, elevators, gates, and security systems are available

Confirming that the property may legally and safely be photographed

Obtaining permission from the owner, occupant, listing agent, association, venue, or other controlling party

If Smithberg Media cannot enter or complete the property because of incorrect instructions, inaccessible lockboxes, occupants, pets, unsafe conditions, or another condition within Client’s control, the appointment may be treated as a late cancellation. A return visit may require an additional fee.

4. Property Preparation

The property must be clean, staged, and ready before the scheduled appointment.

Client is responsible for:

Removing clutter and personal information

Opening blinds and curtains as desired

Turning on functioning lights

Securing pets

Moving vehicles when requested

Removing people from areas being photographed

Concealing valuables, medications, documents, photographs, and sensitive materials

Identifying rooms or areas that must not be photographed

Disclosing known hazards

If the property is not adequately prepared at the scheduled appointment time, Smithberg Media may charge an additional preparation, delay, or return-visit fee.

Smithberg Media is not responsible for cleaning, staging, landscaping, making beds, moving heavy furniture, handling hazardous materials, or concealing items found at the property.

Our team may make minor adjustments when practical, but we are not obligated to move personal property. Smithberg Media is not responsible for objects, property conditions, reflections, people, pets, or personal information visible at the time of capture.

5. Safety

Smithberg Media may refuse, pause, modify, or stop services when conditions appear unsafe or unlawful.

Safety concerns may include:

Aggressive or unsecured animals

Hazardous structures

Construction activity

Ice, severe weather, smoke, or fire

Harassment or threatening behavior

Unsafe electrical or environmental conditions

Restricted or unsafe airspace

People interfering with drone operations

Any condition that could endanger a person, animal, property, or equipment

A safety-related decision made in good faith will not constitute a breach of these Terms.

6. Cancellation and Rescheduling

Cancellation or rescheduling requests must be made in writing at least 24 hours before the scheduled appointment.

When less than 24 hours’ notice is provided, Smithberg Media may charge up to 50 percent of the scheduled service total.

A no-show, denied access, unprepared property that prevents meaningful work, or cancellation after arrival may be charged up to the full scheduled amount.

Retainers and booking deposits are nonrefundable because they reserve production time. At our discretion, a payment may be transferred once to a rescheduled appointment.

Weather-related rescheduling initiated by Smithberg Media will not incur a rescheduling fee.

7. Drone Services

Outdoor drone services depend on weather, airspace, visibility, property conditions, legal restrictions, authorization availability, and pilot safety judgment.

Drone coverage is not guaranteed merely because it was requested or included in a package. If outdoor drone operations cannot legally or safely be completed, Smithberg Media may:

Reschedule the drone portion

Provide available ground-based alternatives

Remove or credit the unperformed drone portion

Apply the amount toward another agreed service

Client may not direct the pilot to conduct an unsafe or unlawful flight. The pilot retains final control over all flight decisions.

8. Delivery

Smithberg Media will use reasonable efforts to deliver completed media within the timeframe advertised or stated for the order.

Delivery estimates are not guarantees. Delivery may be affected by:

Project size or complexity

Revision requests

Internet or hosting failures

Third-party processing delays

Payment status

Weather

Equipment or storage failure

Illness, emergency, or circumstances outside our reasonable control

Unless otherwise agreed, delivery will occur electronically through a download gallery, email, hosted property page, or third-party platform.

Client is responsible for downloading and preserving delivered files. Smithberg Media does not guarantee permanent storage or indefinite gallery availability.

9. Artistic and Editorial Discretion

Client acknowledges that Smithberg Media has been selected based on its existing portfolio and style.

Smithberg Media retains reasonable artistic and technical discretion regarding:

Camera position

Composition

Lighting

Shot selection

Image quantity

Editing

Color

Music

Video pacing

Equipment

Flight path

Final presentation

Disagreement with artistic judgment, editing style, or shot selection does not automatically entitle Client to a refund or free reshoot.

Photo-count ranges are estimates. Final quantities may vary based on property layout, condition, duplication, and what Smithberg Media determines is useful for marketing the property.

10. Revisions and Reshoots

Requests for minor corrections must be submitted within three calendar days after delivery.

One reasonable correction round is included unless the applicable order states otherwise. Additional revisions may require an editing fee.

A free reshoot is not provided for:

Property conditions existing during the original appointment

Items Client failed to remove

Rooms that were not ready or accessible

Weather that was accepted by Client

Seller or agent preference changes

Renovations, staging, landscaping, or furniture changes made after the appointment

Requests for angles or deliverables that were not included in the original order

MLS or third-party platform processing differences

If Smithberg Media made a material technical mistake that prevents a promised deliverable from being reasonably used, our responsibility will be limited to correcting the media, reshooting the affected portion, issuing a credit, or refunding the amount paid for that affected portion.

11. Virtual Editing and Staging

Virtual twilight, virtual staging, object removal, decluttering, sky replacement, screen replacement, fireplace enhancement, and similar services create digitally altered representations.

Client is responsible for determining whether an altered image complies with applicable MLS rules, advertising requirements, brokerage policies, and disclosure obligations.

Virtual staging and material digital alterations should be identified as digitally altered when required. Client may not use altered media to intentionally conceal a material property defect or mislead prospective buyers.

Results may vary based on the quality, resolution, angle, lighting, and condition of the source image.

12. Floor Plans and Measurements

Floor plans, room dimensions, area calculations, and related reports are approximate marketing tools. They are not architectural drawings, appraisals, inspections, surveys, or guarantees of square footage.

Measurements may differ from tax records, builder plans, appraisals, ANSI calculations, MLS data, or physical measurements.

Client must independently verify any measurement or area calculation used for valuation, legal, construction, appraisal, or contractual purposes.

Smithberg Media is not responsible for decisions or claims based on estimated dimensions or square footage.

13. Property Boundary Overlays

Property lines, lot lines, labels, pins, and boundary graphics are approximate visual aids based on information available to Smithberg Media.

They are not land surveys, title opinions, legal descriptions, or guarantees of ownership or boundary location. Client must not represent them as legally authoritative.

Client is responsible for reviewing the overlay before publication and obtaining a licensed survey when exact boundaries matter.

14. Copyright and Ownership

Except where otherwise agreed in a signed writing, Smithberg Media retains all copyrights and ownership rights in the photographs, video, graphics, floor-plan designs, edits, and other creative deliverables it produces.

Purchasing services does not transfer copyright ownership.

Raw, unedited, project, source, or original files are not included unless specifically identified in writing. Smithberg Media is not required to deliver or retain raw files.

15. Client’s Marketing License

After full payment, Smithberg Media grants Client a limited, nonexclusive, nontransferable license to use the final delivered media to market the specific property for which the media was created.

Permitted uses include:

The applicable MLS listing

Client’s brokerage or agent website

Zillow, Realtor.com, Redfin, and similar listing platforms

Social media posts promoting the property

Email marketing for the property

Printed flyers and brochures for the property

Digital advertisements promoting the specific listing

This license does not transfer copyright ownership.

16. Prohibited Uses and Third-Party Licensing

Unless Smithberg Media provides written permission, Client may not:

Sell or license the media

Give the media to another agent or brokerage for a future listing

Provide the media to a builder, contractor, designer, stager, architect, publication, vendor, homeowner, buyer, landlord, or other third party for that party’s independent marketing

Use the media to market an unrelated business, product, or property

Submit the media to a publication for commercial use

Remove a copyright notice or permitted vendor credit

Apply heavy filters, deceptive alterations, or edits that could damage Smithberg Media’s professional reputation

Claim authorship or copyright ownership

Normal cropping, resizing, text placement, and formatting for authorized listing marketing are allowed.

Builders, designers, property managers, short-term rental operators, businesses, publications, and other third parties must obtain their own license.

17. Portfolio and Promotional Use

Unless Client requests privacy in writing before the appointment, Smithberg Media may display completed media in its portfolio, website, social media, advertisements, demonstrations, competitions, educational materials, and other promotional channels.

Smithberg Media will use reasonable care when handling private or sensitive properties. A privacy request may affect pricing when the project would otherwise provide significant portfolio or promotional value.

18. Client Representations

Client represents that:

Client has authority to order the services

Client has obtained required property access and permissions

Client has authority to provide any logos, music, text, photographs, or materials supplied to Smithberg Media

The requested use will not violate another party’s rights

Client will comply with applicable laws, MLS rules, and advertising requirements

Client will not use delivered media to deceive consumers or conceal material facts

Client is responsible for claims resulting from inaccurate information, unauthorized access, supplied materials, or misuse of delivered media.

19. Third-Party Platforms

Some services may depend on third-party platforms, software, hosting companies, MLS systems, music libraries, mapping data, artificial intelligence tools, or delivery providers.

Smithberg Media is not responsible for a third party’s outage, policy change, account restriction, compression, processing delay, removal, data loss, or discontinuation.

Hosted tours, galleries, websites, and interactive services may have limited hosting periods. Continued hosting may require an additional fee.

20. Disclaimer of Warranties

Services and deliverables are provided on an “as available” basis.

To the fullest extent permitted by law, Smithberg Media disclaims warranties not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, and any guarantee that media will produce a sale, showing, offer, ranking, engagement level, or other business result.

21. Limitation of Liability

To the fullest extent permitted by law, Smithberg Media will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages, including lost profits, lost commissions, delayed listings, lost opportunities, or loss of data.

Smithberg Media’s total liability arising from a particular order will not exceed the amount Client paid Smithberg Media for that order.

Nothing in these Terms excludes liability that cannot legally be limited or excluded.

22. Indemnification

To the fullest extent permitted by law, Client agrees to defend, indemnify, and hold harmless Smithberg Media and its owners, employees, contractors, and agents from third-party claims, losses, liabilities, and reasonable expenses arising from:

Client’s breach of these Terms

Client’s misuse or unauthorized distribution of media

Inaccurate property information supplied by Client

Client’s failure to obtain access, consent, or permission

Materials or instructions supplied by Client

Misleading advertising or failure to make required disclosures

Unsafe property conditions not disclosed to Smithberg Media

This section does not require Client to indemnify Smithberg Media for liability caused solely by Smithberg Media’s gross negligence or intentional misconduct.

23. Force Majeure

Neither party will be liable for a delay or failure caused by circumstances beyond that party’s reasonable control, including severe weather, illness, emergency, fire, natural disaster, labor disruption, utility failure, internet outage, government action, airspace restriction, equipment theft, or platform failure.

The affected obligations will be suspended for the duration of the event. If the services cannot reasonably be rescheduled, Smithberg Media may refund or credit amounts paid for services that were not performed.

24. Termination

Smithberg Media may cancel an order or refuse future services because of nonpayment, harassment, unsafe conditions, unlawful requests, repeated access problems, misuse of media, or a material violation of these Terms.

Termination does not eliminate payment obligations for services already performed, reserved production time, approved expenses, or licenses already used.

25. Electronic Communications and Acceptance

Client agrees that booking confirmations, invoices, notices, approvals, and other records may be provided electronically.

Electronic acceptance, payment, booking, or written approval may be treated as Client’s agreement to these Terms.

Client is responsible for maintaining an accurate email address and reviewing communications sent to that address.

26. Governing Law

These Terms are governed by the laws of the State of Minnesota, without regard to conflict-of-law principles.

Any legal proceeding arising from these Terms or Smithberg Media’s services must be brought in a state or federal court with jurisdiction over the Minnesota county where Smithberg Media maintains its principal place of business, unless the parties agree otherwise in writing.

27. General Provisions

These Terms, together with the applicable booking confirmation, invoice, proposal, and signed agreement, constitute the agreement between Smithberg Media and Client concerning the ordered services.

If any provision is determined to be invalid or unenforceable, the remaining provisions will remain effective.

Smithberg Media’s failure to enforce a provision will not waive its right to enforce that provision later.

Client may not assign an order or these Terms without Smithberg Media’s written permission.

Headings are provided for convenience and do not change the meaning of these Terms.

28. Changes to These Terms

Smithberg Media may update these Terms periodically. Changes will apply prospectively beginning on the posted effective date.

The version accepted when an order is placed will govern that order unless the parties agree otherwise in writing.

29. Contact

Questions, notices, cancellation requests, and licensing requests may be sent to:

Smithberg MediaEmail: jack@smithbergmedia.com