Terms & Conditions

Master Production Service Agreement & Website Terms Of Use

IMPORTANT LEGAL NOTICE: By accessing this website, submitting a booking request, paying a retainer or invoice, or permitting Picture Perfect ("Studio," "Company," "we," "us," or "our") onto a property or set, the individual or entity booking the services ("Client," "Agent," "Sponsor," or "you") agrees to be legally bound by the following Terms and Conditions ("Agreement").

1. STUDIO VALUES CHARTER & ABSOLUTE RIGHT TO REFUSE OR TERMINATE SERVICE

1.1 Selective Service Standard: We are selective with our work and we reserve all rights to deny service to anyone we choose—including you—at our sole discretion. This is the Picture Perfect Way.

1.2 Prohibited Content & Environments: Our Studio does not produce, edit, or accept bookings for:

• Boudoir, sensual, explicit, immodest, or adult-oriented media;
• Nightclub, bar, alcohol, tobacco, vape, or cannabis promotions;
• MMA, boxing, or the promotion of violence;
• Firearms or weapons outside of legitimate safety, law enforcement, and welfare education;
• Gambling, betting, or casino promotions;
• Occult, witchcraft, or new-age spiritual content;
• Wedding ceremonies or wedding receptions (Studio only offers pre-production narrative cinema films telling the story of how couples met, subject to Studio approval); or
• Any project, event, or message that compromises family integrity, human dignity, Christian teachings, or our Studio's core values and principles.

1.3 On-Site Termination for Misrepresentation: If Client books a shoot and the Studio crew arrives on-site to discover that the project, wardrobe, props, venue, or subject matter violates Section 1.2, the Studio crew has the absolute authority to immediately cease production and depart the premises. In such event, 100% of all retainers and fees paid shall be forfeited by Client as liquidated damages, and Client shall remain liable for the full contracted shoot rate.

2. BOOKING, RETAINERS, PAYMENT TERMS & LATE FEES

2.1 Real Estate Media Bookings: Full payment (100%) is due at the time of booking or prior to the removal of watermarks and unlocking of high-resolution downloads via the Client Portal.

2.2 Commercial, Film, Event & Portrait Bookings: A fifty percent (50%) non-refundable retainer is required upon booking to reserve dates, crew, and equipment. The remaining fifty percent (50%) balance, plus any approved overtime, travel, or on-set add-ons, is due in full prior to the delivery of final master files.

2.3 Time is of the Essence & Late Fees: Invoices not paid within five (5) calendar days of the due date shall accrue a late finance charge of 1.5% per month (18% APR) or the maximum rate permitted under California law, whichever is less. Client shall be liable for all costs of collection, including reasonable attorneys' fees, court costs, and collection agency fees.

2.4 Suspension of License During Non-Payment: No license to use any photograph, video, 3D tour, or floor plan is granted until payment is received in full. Any public use, MLS upload, or social media posting of Studio media prior to full payment constitutes willful federal copyright infringement.

3. COPYRIGHT OWNERSHIP & STRICT LICENSING TIERS

3.1 Federal Copyright Ownership: Pursuant to the United States Copyright Act (17 U.S.C. § 101 et seq.), Studio is the sole author and exclusive owner of all copyrights in and to all photographs, cinema footage, audio recordings, drone aerials, 3D digital twins, floor plans, and raw files created under this Agreement. No services provided hereunder shall be considered a "Work Made for Hire" unless a separate, written Copyright Buyout Agreement is executed and paid in full.

3.2 Real Estate Media — Single-Listing License: Upon full payment, Client (the commissioning real estate agent or brokerage) is granted a revocable, non-exclusive, non-transferable, limited license to use the delivered media solely for marketing the specific property address during the term of the active listing.

• Automatic Expiration: This license automatically terminates once the property is sold, the listing expires, or the listing agreement is canceled or transferred to another agent/brokerage.
• Strict Prohibition on Third-Party Transfers: Client is strictly prohibited from selling, gifting, loaning, or transferring Studio media to another real estate agent, homeowner, builder, general contractor, architect, interior designer, stager, landscaper, or short-term rental platform (e.g., Airbnb, VRBO) without Studio's prior written consent and purchase of a Third-Party Commercial Usage License ($350+ per party).

3.3 Commercial, Corporate Event & Portrait Licenses:

• Commercial / Brand Clients: Granted a non-exclusive commercial display and advertising license for the specific channels defined in the Production Brief upon full payment.
• Portrait / Actor / Family Clients: Granted a personal-use, talent-submission, and print-release license. Portrait files may not be resold or licensed to commercial third parties without written authorization.

3.4 No RAW Files Policy: Unedited RAW photo files (.ARW/.CR3/.DNG) and ungraded camera video masters are proprietary working files and are never included in standard packages. RAW file buyouts require a separate fee (typically 50%–100% of total production cost).

3.5 Prohibition on AI Training & Scraping: Client and any third party may not upload, scrape, or use any Studio images, video, or audio for training artificial intelligence (AI) or machine learning models.

3.6 Studio Portfolio & Promotional Rights: Unless a separate Non-Disclosure Agreement (NDA) Rider is signed and paid prior to production, Studio retains the irrevocable right to display all created photographs and video in Studio's showreels, website portfolio, social media, and marketing materials.

4. ON-SITE PRODUCTION RULES, OVERTIME & PROPERTY READINESS

4.1 Real Estate "Shoot-Ready" Standard: Properties must be 100% camera-ready prior to the scheduled arrival time (cleaners finished, vehicles removed from driveway, lights turned on, blinds opened, pets secured). Due to strict daily production schedules, Studio shoots properties "as-is" and allows a maximum 10-minute grace window for minor adjustments. Studio crew will not move heavy furniture, clean rooms, or haul trash. Reshoots requested due to an unready property will be billed as a new shoot or a $150 Return Trip Fee plus editing costs.

4.2 Commercial Day-Rate & Overtime Rules: A standard Commercial/Cinema Full Day is up to twelve (12) consecutive hours (including meal breaks), and a Half Day is up to five (5) consecutive hours, measured from Crew Call Time to Wrap. Any production extending beyond 12 hours is billed at $300.00 per hour for the Director of Photography (DP) and $150.00 per hour per additional crew member, billed in 30-minute increments.

4.3 Safe Working Environment & Equipment Protection: Client must ensure a safe, non-hostile working environment free from hazardous conditions, aggressive pets, or unruly individuals. Studio crew may immediately pause or terminate a shoot if safety is compromised. Client assumes full financial responsibility for any damage, destruction, or theft of Studio equipment caused by Client, Client's employees, guests, tenants, pets, or subcontractors on-site, including full replacement cost and loss-of-use rental fees.

5. CANCELLATIONS, RESCHEDULING & WEATHER / FAA AIRSPACE

5.1 Real Estate Cancellations:

• More than 24 Hours Notice: Free reschedule.
• Less than 24 Hours Notice: $100.00 late cancellation/reschedule fee.
• On-Site Arrival Cancellation (Lockbox missing/jammed, tenant refuses entry, cleaners/contractors blocking rooms, or Client no-show after 20 minutes): $150.00 Trip Fee (or 50% of the scheduled package price, whichever is greater).

5.2 Commercial, Film, Event & Portrait Cancellations:

• Rescheduling with 7+ Days Notice: Retainer may be applied one (1) time to a rescheduled date within sixty (60) days, subject to crew availability.
• Cancellation/Reschedule with Less than 7 Days Notice: Forfeiture of the 50% non-refundable retainer, plus reimbursement of any non-refundable gear rentals, permits, or crew kill fees incurred by Studio.
• Less than 48 Hours Notice: 100% of the total contracted production fee is due and payable.

5.3 Weather & Aerial Drone Operations (FAA Compliance):

• Inclement weather (rain/heavy fog) qualifies for a complimentary reschedule for exterior real estate shoots, or complimentary digital blue-sky replacement.
• All drone operations are subject to FAA regulations, airspace authorizations, Temporary Flight Restrictions (TFRs), and wind/weather safety limits. The Drone Pilot in Command has sole, unappealable authority to decline or abort a flight if conditions are unsafe or unlawful. If aerial capture is impossible due to weather or airspace locks, only the pro-rated add-on value of the drone service will be credited or rescheduled.

6. POST-PRODUCTION, REVISIONS & ARCHIVAL POLICY

6.1 Creative Style Acceptance: Client acknowledges they have reviewed Studio's portfolio and are hiring Studio for its signature lighting, color grading, editing pace, and composition style. Dissatisfaction with subjective aesthetic preferences (or personal appearance/wardrobe choices) is not grounds for a refund or free reshoot.

6.2 Revision Scope: Video and retouching packages include one (1) consolidated round of minor revisions (e.g., text/caption tweaks, trimming a clip, swapping 1–2 B-roll shots) submitted within five (5) business days of initial delivery. Structural re-edits, changing approved music tracks, or additional revision rounds are billed at $150.00 per hour.

6.3 90-Day File Archival Limit: Studio maintains cloud delivery links and backup archives for ninety (90) calendar days from the date of delivery. Client is solely responsible for downloading and backing up all deliverables to their own hard drives within 90 days. After 90 days, files may be permanently purged without notice. If archived files are still available after 90 days, a $150.00 Archival Retrieval Fee applies.

7. AUTHORITY, RELEASES, INDEMNIFICATION & LIMITATION OF LIABILITY

7.1 Property, Venue & Talent Authority: Client warrants and represents that they have obtained all necessary legal permissions, permits, HOA approvals, homeowner consents, and talent releases required for Studio to film and photograph on the premises.

7.2 Indemnification: Client agrees to defend, indemnify, and hold harmless Studio, its owners, officers, employees, and subcontractors from and against any and all claims, lawsuits, damages, fines, HOA penalties, copyright claims (for Client-supplied music/logos), personal injuries, or liabilities arising out of Client's breach of this Agreement, lack of property/venue permission, or on-site conditions.

7.3 Strict Limitation of Liability: In the unlikely event that Studio is unable to perform or deliver media due to catastrophic equipment failure, memory card corruption, theft, sudden illness, or Force Majeure (Acts of God, fire, earthquake, government shutdown), Studio's maximum total liability under any legal theory shall be strictly limited to a refund of the fees actually paid by Client to Studio for that specific shoot. Under no circumstances shall Studio be liable for indirect, incidental, consequential, punitive, or special damages (including lost real estate commissions, delayed listing launches, or event re-staging costs).

7.4 No Chargebacks: Client agrees not to initiate fraudulent credit card chargebacks for services rendered or valid cancellation/trip fees. In the event of an improper chargeback, Client shall be liable for the full disputed amount plus a $250.00 administrative dispute fee, collection costs, and immediate revocation of all media licenses (including DMCA takedown notices issued to the MLS, Zillow, YouTube, and social platforms).

8. GOVERNING LAW, VENUE & DISPUTE RESOLUTION

8.1 Governing Law & Exclusive Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action, collection proceeding, or dispute arising under this Agreement shall be brought exclusively in the state or federal courts located in Orange County, California, and Client irrevocably consents to personal jurisdiction therein.

8.2 Attorneys' Fees: In any litigation, arbitration, or collection action arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, expert fees, and court costs.

8.3 Severability & Entire Agreement: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement, together with the applicable Booking Confirmation or Production Invoice, constitutes the entire agreement between the parties.