Effective Date: January 2025
Property Preparation
The client is responsible for ensuring the property is in a camera-ready state before the scheduled appointment, including cleaning, furniture staging, and general preparation. KVM Realty Media recommends reviewing the Pre-Shoot Checklist prior to the appointment.
If the photographer arrives and finds the property is not adequately prepared, the property will be photographed as-is. KVM Realty Media is not responsible for the quality of results in unprepared properties.
If you wish to provide input on angles or shot selection, please meet the photographer at the start of the appointment or include notes in the comments section of the order. In the absence of client input, the photographer will use professional judgment to determine the most effective approach.
Order Details and Accuracy
The client is responsible for providing accurate and complete information when placing an order. KVM Realty Media reserves the right to correct any inaccuracies and adjust order pricing accordingly. For example, if a property is listed as 1,200 square feet but is 2,400 square feet, pricing will be adjusted to reflect the accurate size.
Standard pricing applies to single-dwelling residential properties. For commercial, multi-unit, or non-standard properties, contact KVM Realty Media directly for a customized quote.
Reschedule and Cancellation Policy
KVM Realty Media does not charge cancellation fees regardless of notice period.
Rescheduling requests made more than 24 hours before the scheduled appointment are free of charge. Rescheduling requests made less than 24 hours before the scheduled appointment will incur a $50 rescheduling fee. This fee must be paid before the rescheduled appointment is confirmed.
If you need to reschedule, contact us as early as possible to avoid the fee.
Payment Terms
All orders require payment before media can be downloaded unless a separate written agreement exists. Upon order completion, clients will receive a link to preview watermarked media. Once payment is submitted, the watermark will be removed and the media will be available for download. This applies only to media for which the client is directly responsible, not media covered by a brokerage billing arrangement.
If an outstanding balance exceeds 45 days, KVM Realty Media will suspend access to media and halt new orders until the balance is settled in full.
If an outstanding balance remains unpaid after 90 days, the account will be referred to collections.
Hosting
KVM Realty Media provides media hosting for one year from the appointment date. Matterport 3D Tours and Floorplans are hosted until the property is sold, with a maximum storage period of six months. After the hosting period concludes, the client is responsible for permanent media storage. KVM Realty Media is not liable for media loss after the hosting period expires.
Delivery Schedule
The following services are delivered by 5:00 PM on the next business day following the appointment:
HDR Photography Cinematic Walkthrough Video Aerial and Drone Packages Twilight Edits Virtual Staging (photos to be staged must be selected on the same day the photos are delivered) Matterport 3D Tour Floorplans
Satisfaction and Reshoots
KVM Realty Media is committed to delivering professional, high-quality media on every shoot. If you are unsatisfied with the media delivered, contact us within 48 hours of delivery at [email protected] with a detailed description of the issue.
KVM Realty Media will review the concern and, at its sole discretion, determine whether a reshoot, partial credit, or other resolution is appropriate. Reshoots are not guaranteed and are evaluated on a case-by-case basis. No refunds are issued for completed shoots. Dissatisfaction based solely on subjective preference for angles or style does not qualify for a reshoot where the photographer exercised professional judgment in the absence of client direction.
Force Majeure
KVM Realty Media shall not be liable for delays or failure to perform services due to circumstances beyond its reasonable control, including but not limited to severe weather, equipment failure, medical emergencies, power outages, or natural disasters. In such cases, KVM Realty Media will contact the client as soon as possible and reschedule the appointment at no additional charge.
Media Ownership and Copyright
All photos, videos, aerial footage, floor plans, virtual tours, and other media (“Media”) delivered by KVM Realty Media, LLC are protected by U.S. copyright law. KVM Realty Media, LLC retains full ownership of all Media at all times, unless ownership is expressly transferred in a separate written agreement signed by an authorized representative of KVM Realty Media, LLC.
License Grant
KVM Realty Media, LLC grants the client a limited, non-exclusive, non-transferable license to use the Media solely for marketing the specific property for which the Media was ordered. This license does not transfer ownership or copyright. This license is granted solely to the client. No rights are conferred on any third party who receives Media from the client without prior written authorization from KVM Realty Media, LLC.
License Duration
This license is valid for marketing the specific property ordered for as long as the client holds an active listing agreement or property management agreement with the property owner for that specific property. This includes relisting the same property for sale or rent under an active agreement without requiring a new shoot.
This license terminates automatically if the client’s listing agreement or property management agreement with the property owner expires or is terminated, the Media is used for a different property, or the client transfers the Media to another agent, brokerage, or third party without prior written authorization from KVM Realty Media, LLC.
Permitted Uses
The following uses are permitted under this license:
Residential listings: MLS, property marketing, agent social media, print collateral Short-term rentals: all booking and listing platforms including Airbnb, VRBO, Booking.com, and similar platforms, property marketing Commercial properties: leasing, sales marketing, and property promotion for the specific address ordered
KVM Realty Media also reserves the right to use the Media for its own business marketing purposes, including posting on social media accounts owned or managed by KVM Realty Media for the purpose of promoting its real estate media services. This right does not diminish or restrict the client’s license.
Prohibited Uses
The following uses are strictly prohibited without prior written authorization from KVM Realty Media, LLC:
Redistribution, resale, or sublicensing of Media to any third party Use of Media for any property other than the one ordered Use of Media for personal branding, brokerage marketing, or advertising unrelated to the licensed property Modification or alteration of Media Transfer of Media to another agent, brokerage, or third party
Unauthorized Use
Unauthorized use of Media constitutes copyright infringement. KVM Realty Media, LLC actively monitors for unauthorized use and reserves the right to pursue statutory damages, attorney fees, and injunctive relief under U.S. copyright law. Unauthorized use includes but is not limited to use by buyer’s agents, cooperating brokerages, staging companies, architects, builders, designers, sellers, or buyers who have not received prior written authorization from KVM Realty Media, LLC.
The limitation of liability set forth in these Terms of Service does not apply to claims brought by KVM Realty Media, LLC for copyright infringement or unauthorized use of Media. KVM Realty Media, LLC reserves the right to pursue the full range of remedies available under U.S. copyright law without limitation.
Licensing
To license Media beyond the permitted uses above, contact [email protected].
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall KVM Realty Media, LLC be liable for any indirect, incidental, consequential, or special damages arising from the services provided, including but not limited to lost profits, lost sales, lost commissions, delayed closings, or property damage. KVM Realty Media’s total liability to any client shall not exceed the total amount paid by that client for the specific shoot in dispute.
This limitation does not apply to claims brought by KVM Realty Media, LLC for copyright infringement or unauthorized use of Media, for which KVM Realty Media, LLC reserves the right to pursue the full range of remedies available under applicable law.
Indemnification and Hold Harmless
The client agrees to indemnify and hold KVM Realty Media, LLC, its officers, members, employees, contractors, agents, successors, and assigns harmless from any and all claims, damages, losses, and expenses including reasonable attorney fees arising from the client’s use of the Media, violation of these terms, or negligent or intentional acts or omissions by the client, the property owner, or any third party acting under the client’s authorization.
Client Warranty
The client warrants that any third-party content provided to KVM Realty Media for editing or incorporation into deliverables is properly licensed for that purpose. The client is solely responsible for any copyright or intellectual property claims arising from third-party content provided by the client.
Dispute Resolution
Any dispute arising from or relating to these Terms of Service where the amount in controversy does not exceed the current Florida small claims monetary limit shall be brought exclusively in small claims court in Miami-Dade County, Florida. For disputes exceeding the small claims limit, the parties agree to submit to binding arbitration in Miami-Dade County, Florida under the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorney fees and costs.
Nothing in this section prevents KVM Realty Media, LLC from seeking injunctive or other equitable relief in any court of competent jurisdiction, including for claims arising from copyright infringement or unauthorized use of Media.
Severability
If any provision of these Terms of Service is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
Governing Law
These Terms of Service are governed by the laws of the State of Florida.
Changes to These Terms
KVM Realty Media reserves the right to update these Terms of Service at any time. Updated terms will be posted at kvmrealtymedia.com/terms and will apply to all orders placed after the effective date of the update.
Contact
KVM Realty Media, LLC 66 W Flagler Street, Suite 900, PMB 11251 Miami, FL 33130 [email protected] +1 (786) 203-8397