Terms of Service
These Terms of Service (“Agreement”) govern the relationship between Three Peaks Studios (“Company,” “we,” or “us”) and the client (“Client,” “you,” or “your”) for media services provided by the Company. By booking, purchasing, or using our services, you agree to the following terms:
1. Intellectual Property & Licensing
Ownership: All media created by the Company, including but not limited to photos, videos, and aerial footage, remain the sole intellectual property of the Company.
License: Upon full payment, the Client is granted a limited, non-exclusive, non-transferable license to use the media solely for marketing the property associated with the booking. Media may be used for online listings (MLS), social media, brochures, and similar marketing purposes for that property only.
Copyright: The Company retains copyright over all created works. Media may not be resold, transferred, altered, or used for purposes outside the agreed scope without written consent.
2. Scope of Services
Deliverables: The Company will provide services as described in the booking confirmation (e.g., photos, video, aerial imagery). Deliverables may include a specified number of edited images or video in standard formats such as JPEG or MP4.
Methods: The Company retains full creative and technical control over how services are performed. Client input is welcome, but final decisions regarding equipment, editing, and creative style rest with the Company.
3. Payment Terms & Policies
Fees: Service fees will be outlined in advance. Additional expenses (e.g., travel, rush delivery, special editing requests) may apply and will be communicated prior to billing.
Payment Due Date: Payment is due in full prior to delivery of final media, unless otherwise agreed in writing.
4. Cancellation & Rescheduling
Cancellation Fees: No Fees will be charged due to cancellation or rescheduling
Rescheduling: Although we do not charge for rescheduling, we do requests that you let us know at least 24 hours in advance.
5. Limitations of Liability
Warranty Disclaimers: The Company provides media “as-is” and makes no guarantees regarding sales, marketing performance, or MLS approval.
Damages: The Company is not liable for indirect, incidental, or consequential damages. In no case will the Company’s liability exceed the total amount paid by the Client for the services.
6. Client Responsibilities & Conduct
Compliance: The Client is responsible for ensuring all use of media complies with applicable laws, MLS rules, and third-party platform policies.
Property Access: The Client must ensure timely access to the property and that the property is prepared for the shoot. The Company is not responsible for delays or reduced deliverables caused by an unprepared property.
7. Indemnification
The Client agrees to indemnify, defend, and hold harmless the Company and its employees, contractors, and affiliates from any claims, damages, or liabilities arising out of the Client’s use of the media or breach of this Agreement.
8. Delivery & Archiving
Delivery Method: Media will be delivered electronically, typically via an online gallery or download link.
Archiving: The Company will store delivered media for up to three months. Retrieval of archived media after this period may incur additional fees.
9. General Legal Clauses
Severability: If any provision of this Agreement is found unenforceable, the remaining provisions remain valid.
Waiver: Failure by the Company to enforce any part of this Agreement does not constitute a waiver of its right to enforce it later.