Terms & Conditions
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Modern Pixels TX LLC – Terms & Conditions
These Terms & Conditions (“Agreement”) govern all services provided by Modern Pixels TX LLC (“Company,” “Photographer,” “we,” or “us”). By booking services, the client (“Client,” “you,” or “your”) acknowledges and agrees to the following terms.
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1. Booking & Payment
1.1. All sales are final. To secure your booking, full payment must be completed no later than five (5) business days prior to the scheduled service date.
1.2. Accepted payment methods include credit/debit card, cash, or check. Returned checks will incur a $35 fee.
1.3. Sales tax (8.25%) will be applied to all transactions in accordance with applicable state and local laws.
1.4. Failure to complete payment by the deadline may result in cancellation of the booking without refund.
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2. Rescheduling & Cancellation
2.1. Rescheduling: Clients may reschedule once at no additional charge with at least 72 hours’ notice prior to the scheduled service. Additional reschedules requested by the Client will incur a $100 fee per occurrence.
2.2. Cancellations:
• If cancelled 72–48 hours before the scheduled service, a 20% cancellation fee will be charged.
• If cancelled less than 48 hours before the scheduled service, the booking is non-refundable.
2.3. Refunds, where applicable, are issued in the form of electronic gift cards, redeemable only for Modern Pixels TX LLC services and products.
2.4. The Company is not responsible for scheduling conflicts, property access issues, or delays caused by the Client.
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3. Property Preparation & Staging
3.1. Clients are solely responsible for ensuring the property is clean, staged, and photo-ready at the scheduled time of service.
3.2. If the property is not adequately prepared, the Photographer reserves the right, at their discretion, to:
• Stage the property at a rate of $100 per room (minimum $1,000). Staging includes light adjustments (e.g., moving small décor items) but does not include cleaning, trash removal, or moving heavy furniture/equipment.
• Cancel or reschedule the session. If rescheduled, applicable rescheduling or cancellation fees will apply.
3.3. Any staging performed by the Photographer is limited in scope and done solely for photographic purposes. The Company disclaims all liability for property damage resulting from staging at the Client’s request or consent.
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4. Image Delivery & Retention
4.1. Delivery Method: All final media will be delivered electronically via a secure client album page. Clients are responsible for downloading and safeguarding their files within the delivery window.
4.2. Delivery Timeline:
• Standard delivery: 3–5 business days from the date of the session.
• Rush delivery: Available within 24 hours for an additional fee (if offered at the time of booking).
4.3. Physical media (USB drives, prints, albums, etc.) are not included unless expressly purchased as an add-on.
4.4. The Company is not responsible for lost, deleted, or corrupted files once delivered.
4.5. Retention Policy: Files are retained for 30 days from the date of delivery. After 30 days, files may be permanently deleted and are no longer recoverable unless archival storage has been arranged in writing.
4.6. Archival Retrieval Fee: Retrieval of archived media after the standard retention period will incur a $150 minimum fee, subject to availability.
4.7. Archival Storage Service: Clients may request long-term archival storage for an additional fee, as outlined in the Company’s pricing policies. The Company makes no guarantee of permanent storage unless such a service has been expressly contracted.
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5. Drone & Aerial Services
5.1. Drone operations are conducted under FAA Part 107 regulations.
5.2. Services may be limited, postponed, or cancelled due to FAA restrictions, weather conditions, safety concerns, or Temporary Flight Restrictions (TFRs).
5.3. No refunds will be issued for delays or cancellations due to regulatory or safety restrictions. In such cases, rescheduling will be offered.
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6. Usage Rights & Licensing
6.1. All images, video, and media remain the intellectual property of Modern Pixels TX LLC. Clients are granted a limited, non-transferable license for use in real estate listings, marketing, and personal promotional purposes directly related to the property photographed.
6.2. Images may not be sold, transferred, sublicensed, or used for unrelated commercial purposes without written permission from the Company.
6.3. Unauthorized use of images, including but not limited to use outside the scope of the granted license or in violation of Clause 24 (AI Use), will be subject to the liquidated damages provision set forth in Clause 53.1.
6.4. The Company retains the right to use images for promotional, portfolio, website, and marketing purposes unless the Client opts out in writing before services begin.
6.5. The Client agrees not to remove, obscure, or alter any embedded copyright or metadata included in the delivered media.
6.6. Third-Party License Transfer: The Client may not sell, transfer, or sublicense the usage rights of the delivered media to any third party (such as another real estate agent or property owner) without the Company’s prior written consent. The Company may approve a transfer of the license to a third party subject to the third party’s agreement to these Terms & Conditions and the payment of an additional licensing fee. Any unauthorized sale, transfer, or sublicense of the media is void and will be deemed an unlicensed use subject to liquidated damages under Clause 53.1.
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7. Liability & Indemnification
7.1. The Client acknowledges that photography involves moving equipment, lighting, and staging. The Company shall not be held responsible for injury, property damage, or delays arising from circumstances beyond its control.
7.2. Clients agree to indemnify and hold harmless Modern Pixels TX LLC, its employees, contractors, and affiliates from any claims, damages, or expenses arising from the Client’s misuse of delivered media, unsafe or hazardous property conditions, or any third-party claims arising from the services or the use or distribution of the delivered media.
7.3. Liability for any claim shall not exceed the total amount paid by the Client for the specific service in question.
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8. Property Access & Client Responsibility
8.1. The Client must ensure that the property is accessible at the scheduled service time, including providing necessary keys, gate/door codes, HOA permissions, or on-site access.
8.2. If the Photographer cannot access the property due to lack of preparation or permissions, the session may be cancelled and treated as a late cancellation (non-refundable) or rescheduled with applicable fees.
8.3. If HOA/security denies access or delays entry, waiting time fees (see Clause 12.2) will apply in addition to any travel, parking, or access charges.
8.4. The Company is not responsible for delays, missed shots, or incomplete services resulting from access issues.
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9. Weather & Force Majeure
9.1. Services may be delayed, rescheduled, or modified due to weather conditions (e.g., rain, storms, poor lighting) or events beyond the Company’s reasonable control (“force majeure”).
9.2. Force majeure includes but is not limited to acts of God, government restrictions, pandemics/epidemics, labor strikes, power outages, civil emergencies, natural disasters, or supply chain issues.
9.3. In such cases, payments may be credited toward rescheduled services, but refunds will not be issued.
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10. Client Conduct & On-Site Safety
10.1. The Client, property occupants, or third parties must not interfere with the Photographer’s work.
10.2. The Photographer may terminate the session if unsafe, hostile, or disruptive conditions arise, with no refund issued.
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11. Travel & Additional Fees
11.1. Travel within fifty (50) miles one-way (radius) of the Company’s business location (i.e., within a 50-mile radius of Boerne/San Antonio, TX) is included in standard pricing.
11.2. Travel beyond this radius will be billed at $0.75 per mile, round trip, unless otherwise agreed in writing. Mileage will be calculated from the Company’s business location to the property and back.
11.3. Parking fees, tolls, HOA/security charges, or special access costs (e.g., gated entry fees) will be billed to the Client.
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12. Scheduling & Session Duration
12.1. The Photographer will make reasonable efforts to begin services at the scheduled time.
12.2. Sessions are expected to last within the agreed timeframe. Extended time caused by Client delays (e.g., property not ready, waiting on occupants, HOA/security access issues) will result in additional fees billed at $50 per 30 minutes.
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13. Image Selection & Editing
13.1. The Photographer will determine the artistic style, composition, and selection of delivered images at their sole discretion.
13.2. Basic editing (exposure, color correction, cropping) is included. Extensive retouching (e.g., object removal, sky replacements, virtual staging) is considered an add-on service and billed separately per the Company’s current pricing.
13.3. The Client acknowledges that editing requests outside the original scope may extend delivery timelines.
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14. No Guarantees of Outcome
14.1. The Company does not guarantee sales, rental success, or marketing performance as a result of the delivered media.
14.2. Media is provided as a visual representation only and should not be relied upon for property inspections, appraisals, or legal documentation.
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15. Confidentiality
15.1. Any sensitive property details, access codes, or personal information shared with the Photographer will be kept strictly confidential and used solely for the purpose of completing the contracted services.
15.2. The Company will not share or disclose this information except as required by law.
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16. Subcontracting & Assistants
16.1. The Company reserves the right to assign subcontractors, assistants, or additional photographers as needed without prior Client approval.
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17. Marketing & Social Media Release
17.1. The Client grants the Company permission to use behind-the-scenes content, images, or video clips from the session for social media and marketing purposes unless the Client opts out in writing before services begin.
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18. Reshoots
18.1. Reshoots are not included unless due to Company error (e.g., technical failure).
18.2. If reshoots are requested for reasons outside the Company’s control (e.g., weather, property changes, Client preference), standard rates apply.
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19. Complaints, Feedback & Non-Disparagement
19.1. The Client must notify the Company in writing of any dissatisfaction, concerns, or disputes regarding the artistic style, editing choices, or general quality of deliverables within five (5) business days of delivery.
19.2. Failure to provide notice within this period constitutes acceptance of the deliverables as satisfactory.
19.3. The Client agrees to provide any concerns or complaints regarding services directly to the Company for resolution before publishing reviews.
19.4. The Client agrees not to make false, defamatory, or malicious public statements (online or otherwise) about the Company. Honest, good-faith feedback and reviews are permitted and not restricted by this clause.
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20. Entire Agreement
20.1. This Agreement constitutes the entire understanding between the parties.
20.2. No oral statements or other agreements shall have any force unless set forth in writing and signed by both parties.
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21. Governing Law & Venue
21.1. These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Texas.
21.2. Subject to Clause 31 (Arbitration & Dispute Resolution), any dispute arising from this Agreement that is permitted to be adjudicated in a court of law shall be brought in the courts located in Kendall County, Texas.
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22. Agreement & Updates
22.1. By booking services with Modern Pixels TX LLC, the Client acknowledges that they have read, understood, and agreed to these Terms & Conditions.
22.2. These Terms & Conditions are subject to change. Modern Pixels TX LLC reserves the right to update or modify this Agreement at any time without prior notice. The version published on the Company’s official website at the time of booking shall apply.
22.3. No verbal modifications or promises shall be binding unless confirmed in writing and acknowledged by the Company.
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23. Payment Disputes & Chargebacks
23.1. The Client agrees not to initiate credit card chargebacks or payment disputes without first attempting to resolve the issue directly with the Company.
23.2. Any chargebacks initiated without prior resolution attempts will be considered a breach of this Agreement, and the Client shall be liable for the full service amount plus any legal, administrative, or bank fees incurred.
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24. Copyright & AI Use
24.1. The Client agrees not to use the delivered media to train, develop, or contribute to any artificial intelligence models without the Company’s prior written consent.
24.2. Unauthorized use of media in this manner will be treated as copyright infringement and subject to damages.
24.3. The Company may enforce AI-use restrictions by tracking metadata, watermarking, or issuing takedown notices.
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25. Severability & Interpretation
25.1. If any clause in this Agreement is deemed invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.
25.2. This Agreement shall not be construed against the drafter. Both parties had the opportunity to review, seek advice, and mutually agree upon these terms.
25.3. Headings are for convenience only and do not alter the meaning of the clauses.
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26. Interest on Late Payments
26.1. Late payments will accrue interest at a rate of 1.5% per month (18% annually) or the maximum allowed by law, whichever is less.
26.2. The Client is responsible for all reasonable collection costs, including attorney’s fees, for overdue invoices.
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27. Delivery Errors
27.1. The Client must report technical errors in delivered media (e.g., file corruption, missing files, failed downloads, or formatting issues) within five (5) business days of delivery for correction at no additional charge.
27.2. Failure to report such errors within this timeframe constitutes acceptance of the deliverables as technically complete.
27.3. This clause applies only to delivery-related issues and does not extend to artistic or stylistic concerns, which are governed by Clause 19.
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28. Model & Property Releases
28.1. The Client is responsible for obtaining necessary model or property releases for individuals or third-party property included in the session.
28.2. The Company is not liable for claims arising from the Client’s failure to secure proper releases.
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29. Confidentiality of Pricing
29.1. The Client agrees not to publicly disclose negotiated rates, discounts, or special pricing agreements without the Company’s written consent.
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30. Payment Allocation
30.1. Payments received will be applied first to outstanding fees, penalties, or prior balances before being applied to the new booking.
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31. Arbitration & Dispute Resolution
31.1. The parties agree to attempt good-faith mediation before litigation.
31.2. If unresolved, disputes shall be submitted to binding arbitration in Kendall County, Texas, under the rules of the American Arbitration Association.
31.3. Each party bears its own costs unless otherwise determined by the arbitrator.
31.4. Arbitration and mediation proceedings shall remain confidential, and neither party may disclose the proceedings or outcomes publicly.
31.5. Except for actions seeking provisional injunctive relief or enforcement of an arbitration award, arbitration under this Clause 31 is the exclusive dispute resolution process. State and federal courts in Kendall County, Texas shall have exclusive jurisdiction for such limited actions.
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32. Technical Failures
32.1. The Company is not responsible for unavoidable technical failures, including equipment malfunction, corrupted data, or power outages, provided reasonable precautions were taken.
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33. Portfolio Submissions
33.1. The Client agrees that select images may be submitted to industry competitions, showcases, or vendor portfolios unless otherwise prohibited in writing.
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34. No Exclusivity
34.1. This Agreement does not grant exclusivity. The Company may provide services to other clients, including competitors, without restriction.
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35. Recording Restrictions
35.1. The Client and third parties may not record the Photographer’s work process without prior written consent.
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36. Digital Alteration Disclaimer
36.1. The Company is not liable for any digital alterations made to the delivered media by third parties without consent.
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37. Taxes & Fees
37.1. The Client is responsible for any additional taxes, levies, or fees imposed after booking.
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38. Time Is of the Essence
38.1. Timelines and deadlines are material to this Agreement; delays by the Client may impact delivery schedules.
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39. Right to Refuse Service
39.1. The Company reserves the right to refuse service to any Client for unlawful, unethical, or unsafe requests.
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40. Waiver of Rights
40.1. Any waiver must be in writing and signed by the waiving party.
40.2. The absence of enforcement at any time does not waive future enforcement.
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41. File Format & Deliverables
41.1. Final media will be delivered in standard formats (e.g., JPEG for photos, MP4 for video) unless otherwise agreed in writing.
41.2. RAW files, unedited images, project files, or working files are not included and remain the exclusive property of the Company, unless separately purchased under a written agreement.
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42. Service Availability
42.1. Services are subject to availability and are not guaranteed until confirmed in writing.
42.2. Seasonal demand or extraordinary workload may impact delivery timelines; the Client acknowledges and accepts this.
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43. Compliance with Laws
43.1. The Client agrees that any use of delivered media will comply with applicable laws and regulations (including, without limitation, fair housing, advertising, MLS, privacy, and copyright laws).
43.2. The Company disclaims responsibility for Client misuse of media in violation of such laws.
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44. Substitution of Photographer
44.1. If the assigned Photographer is unavailable due to illness, emergency, or unforeseen circumstances, the Company may assign a qualified substitute at no additional cost to the Client.
44.2. Such substitution does not constitute grounds for cancellation or refund.
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45. Damage to Equipment
45.1. The Client, property occupants, guests, or pets are liable for damage to the Company’s equipment caused by negligence, unsafe conditions, or interference during the session.
45.2. Repair or replacement costs will be billed to the Client.
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46. Third-Party Vendors & Contractors
46.1. If the Client hires third-party vendors (e.g., stagers, cleaners, videographers) to be present during the session, the Client is solely responsible for coordinating schedules and access.
46.2. The Company is not liable for delays, conflicts, interference, or damages caused by third-party vendors.
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47. Client Warranties
47.1. The Client warrants that they have legal authority to contract for the services and to authorize photography of the property.
47.2. The Client represents that use of the images will not infringe on the rights of any third party.
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48. Survival of Obligations
48.1. Provisions relating to intellectual property, licensing, payments, confidentiality, indemnification, limitations of liability, dispute resolution, and usage restrictions survive termination or completion of services.
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49. Independent Contractor Status
49.1. The Company is an independent contractor and not an employee, partner, or agent of the Client.
49.2. Nothing in this Agreement creates a joint venture, partnership, or employer–employee relationship.
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50. Notices
50.1. All notices must be delivered in writing via email (with confirmed receipt) or certified mail to the addresses provided by each party.
50.2. Notices are deemed effective upon delivery or receipt confirmation.
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51. Insurance & Risk Allocation
51.1. The Client is responsible for ensuring their property insurance covers risks related to photography, staging, or aerial operations.
51.2. The Company may maintain general liability insurance, but makes no guarantee that insurance will cover all risks or that coverage will be continuous. The Company is not responsible for losses beyond the scope or limits of any policy.
51.3. The Client acknowledges that reliance on any Company insurance is not a substitute for the Client’s own insurance coverage.
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52. Assignment of Rights
52.1. The Client may not assign, transfer, or sublicense this Agreement or any media usage rights without the Company’s prior written consent.
52.2. Any unauthorized assignment is void and constitutes a breach of this Agreement.
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53. Liquidated Damages
53.1. For breaches where actual damages are difficult to quantify—such as unauthorized use of images beyond the licensed scope, use in AI training, or unlicensed distribution of media—the Client agrees to liquidated damages of no less than $2,500 per violation, in addition to all other remedies available at law or equity.
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54. Termination
54.1. The Client may terminate this Agreement before the scheduled service date by providing written notice to the Company. Any termination by the Client is considered a cancellation and will be subject to the fees and policies outlined in Clause 2 (Rescheduling & Cancellation).
54.2. The Company may terminate this Agreement at any time if the Client breaches any of these terms or if the Company is unable to perform the services for reasons beyond its control. If termination is due to the Client’s breach or to circumstances described in Clause 8.2 or Clause 10.2, the Client shall not be entitled to any refund. If the Company terminates without cause (for reasons other than the Client’s breach), the Client will receive a full refund of any payments made for undelivered services. Upon termination, neither party shall have further obligations under this Agreement except for those obligations that survive pursuant to Clause 48.