Terms & Conditions

Last Updated: June 2025

Welcome to KJS Media’s website. These Terms and Conditions (“Terms”) govern your access to and use of our website (including any online booking and payment features) and your engagement of our real estate photography services. By using our site or booking our services, you agree to these Terms, so please read them carefully. If you do not agree, you should not use this website or proceed with service bookings.

Use of Our Website

Authorized Use: You may use our website for legitimate purposes such as learning about our services, booking photography sessions, and communicating with us. You agree to use the site only for lawful purposes and in accordance with these Terms. Do not misuse the site, attempt to gain unauthorized access, or engage in any activity that disrupts its functionality (such as introducing viruses or malicious code).

Account or Booking Registration: Certain features (like online booking) may require you to provide information or create an account. You agree to provide accurate, current information when submitting details for a booking (e.g. your contact information and property address). You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. If you believe your account has been compromised, please contact us immediately. We reserve the right to suspend or terminate accounts or bookings if we suspect fraudulent or improper activity.

Intellectual Property on Website: All content on our website – including text, images, graphics, logos, and site design – is owned by or licensed to KJS Media and protected by intellectual property laws. You are not permitted to copy, distribute, modify, or create derivative works from our site content without our prior written consent. You may, however, print or download materials from the site for your personal, non-commercial use related to considering or using our services. Any unauthorized use of our website content may violate copyright, trademark, or other laws.

Booking and Service Agreements

Service Offerings: KJS Media provides professional real estate photography and related services as described on our site. When you place a booking through our online system, you are requesting to purchase those services for a specific property and date. All bookings are subject to our acceptance and availability. We reserve the right to decline a booking request (for example, due to scheduling conflicts or service area limitations), in which case any payment you have made will be refunded.

Pricing and Payments: Prices for our services are listed on our site or communicated during the booking process. All prices are in U.S. dollars and subject to applicable taxes. Payment is typically due at the time of booking (or as otherwise specified). Our website uses Wix’s secure payment platform to process credit card or electronic payments, and you agree to pay the charges for the services you select. If your payment is declined or reversed, we may cancel your booking. Receipts or invoices will be provided electronically. We implement secure payment processing measures, but you are responsible for ensuring that your payment information is entered correctly and kept secure.

Booking Confirmation: Once you complete the online booking (and payment, if required upfront), you should receive a confirmation email or message with details of your appointment. This confirmation represents our acceptance of your service order, at which point a binding agreement for photography services is formed. Please review the details and contact us if any information is incorrect. KJS Media reserves the right to request additional information about the property or requirements to ensure a successful shoot.

Rescheduling and Cancellations (Client-Initiated): If you need to reschedule or cancel a photography appointment, please notify us as soon as possible. Our Cancellation Policy (see also our Refund Policy below) is as follows:

Cancellations or reschedule requests made more than 24 hours before the shoot date will generally be accommodated without fee (subject to availability of new dates).
If you cancel or reschedule with less than 24 hours notice before the appointment, we may charge a cancellation fee of up to 50% of the booking cost.
If you cancel on the scheduled day of the shoot or fail to show up / provide access at the arranged time, it will be treated as a last-minute cancellation or no-show. In such cases, we reserve the right to charge 100% of the service fee (no refund).

These fees compensate our photographers for time and opportunities lost. (Exceptions may be made at our discretion for genuine emergencies or extremely bad weather – see Weather delays below.) To cancel or reschedule, you can use our online booking system or contact us directly by phone/email. We will confirm any changes or cancellations back to you. Repeated last-minute cancellations or no-shows may result in requirement of prepayment or refusal of service for future bookings.

Rescheduling or Cancellations (By KJS Media): We strive to honor all booked appointments. However, in rare cases (e.g. photographer illness, equipment failure, unsafe conditions, or other unforeseen events) we may need to reschedule or cancel. We will notify you as soon as possible in such an event, and offer alternatives such as a new appointment date. If we must cancel and you cannot reschedule, you will receive a full refund for that appointment. We are not responsible for delays or cancellations due to causes beyond our control (e.g. natural disasters or serious weather), but we will work with you to reschedule at no additional charge if possible.

Weather Policy: For outdoor photography, suitable weather is important. If inclement weather (heavy rain, storms, etc.) is expected that would significantly impact the shoot quality, we may contact you to reschedule. If you insist on proceeding despite weather warnings, note that weather-related issues may affect the results and are not under our control. No additional fee is charged for weather-related rescheduling. However, if you agree to proceed and then cancel or cut the session short due to weather, we reserve the right to charge a fee for time and travel.

Client Responsibilities During Photoshoots

To ensure we can deliver quality images efficiently, the client is responsible for preparing the property and meeting certain conditions on the day of the shoot:

Property Access: You must ensure that our photographer has all necessary access to the property at the scheduled time. This includes arranging for keys, gate codes, or someone on-site to let us in. If the photographer cannot access the property (e.g. locked out, unable to enter a gated community, or no one present to grant entry) and cannot complete the shoot as a result, it will be considered a no-show situation. Additional fees or a forfeiture of the session fee may apply for our lost time/travel.
Property Readiness: Please have the property clean and camera-ready before the photographer arrives. This means interior rooms should be tidy, clutter removed, and lights functioning, and exteriors (yard, pool, etc.) reasonably presentable. We are not responsible for staging or cleaning the property. Our photographers generally will not move heavy furniture or perform cleaning. If the property is not ready and you need to quickly address issues during the appointment, that will cut into the scheduled photography time. In some cases, if a property is clearly not ready, it may be better to reschedule (cancellation fees may apply if this occurs at the shoot time, as noted above).
Safety and Utilities: Ensure that the property is safe for us to enter and work in. Any aggressive pets should be secured, and any known hazards (such as exposed wiring, unsafe flooring) should be fixed or disclosed to us. Please also ensure necessary utilities (electricity, lighting) are turned on for interior shoots. We reserve the right to refuse to shoot in any situation we deem unsafe or unlawful, in which case we will discuss rescheduling or termination of the session.
Permissions and Releases: It is the client’s responsibility to obtain any necessary permissions or releases for the photoshoot. For example, if the property is tenant-occupied or part of a community with restrictions, you must have approval for us to take photographs. By booking our services, you confirm that you have the legal right to allow photography at the property. You also agree that you have secured any required property releases or permissions from owners/occupants so that the photos can be used for marketing. We are not liable if you fail to obtain proper permission; you agree to indemnify us if any claims arise from lack of consent (see Indemnification below).
On-Site Presence: We recommend that you (or your authorized representative, such as a real estate agent) be present or reachable at the time of the shoot. This helps with access and to address any last-minute adjustments or requests. If you cannot be present, please provide detailed instructions ahead of time and ensure the property is accessible.

Photographs: Ownership, License, and Usage Rights

Ownership: Unless otherwise agreed in writing, KJS Media (and our photographers) retain the copyright and ownership of all photographs and media we create. The images we deliver to you are not “works made for hire”; rather, they are copyrighted works owned by us. We embed copyright notices or metadata in the images at our discretion to assert ownership (e.g. a © notice in the file metadata). Removing or altering such copyright information is prohibited and may violate the Digital Millennium Copyright Act (DMCA).

License to Client: Upon full payment, we grant you (the client) a limited license to use the delivered photos for the marketing and promotion of the property addressed in the shoot request. This includes use in real estate listings (MLS), your personal or agency website, social media for property advertising, and printed brochures or flyers for that property. The license is non-exclusive (we remain free to use or license the photos to others, see below) and non-transferable. It is limited to the specific property and purpose of marketing that property for sale or lease. In general, the license term extends for the duration the property is listed on the market (or up to one year from the shoot date, whichever is shorter, unless we agree to an extension). If the listing extends beyond one year, or you wish to reuse the photos for re-listing or a different property in the future, please contact us for permission, as additional licensing fees may apply.

Restrictions on Use: You may not sell, transfer, or gift the photos to any third party without our consent. The license is granted to you (the original client, such as the listing agent or property owner) and does not automatically pass to others. For instance, if a property is sold or the listing agent changes, the new agent or owner must obtain their own license or permission to use the photos. You may share the photos with your client (e.g. homeowner) for personal use, but they should not use the images for any other business ventures or properties. No unauthorized commercial use is allowed outside of advertising the specific property. Additionally, you may not substantially alter the photos or create derivative works without permission. Standard cropping or minor brightness/contrast adjustments for marketing materials are allowed, but any edits that misrepresent the property’s appearance or remove embedded credits/watermarks are prohibited.

Photographer’s Portfolio Use: We reserve the right to use any photographs we take for our own promotional purposes. KJS Media may display the images in our portfolio, website galleries, social media, or marketing materials to showcase our work, unless you explicitly request in writing that we delay such use (for example, if a property is private/off-market or until it is sold). We will not sell the photographs as stock imagery or to other parties for unrelated uses without your permission, except as allowed in these Terms or by law.

MLS and Third-Party Platforms: For real estate agents using the Multiple Listing Service (MLS), please note that MLS rules often have specific provisions regarding photographs. Typically, agents (and their brokers) submit photos to MLS with an understanding that the MLS and its affiliates can use the images for marketing the listing and related purposes. Our license to you includes the right for you to sublicense the photos to the MLS as needed for MLS’s purposes in connection with your listing. It is your responsibility to ensure compliance with any MLS or brokerage rules regarding photos. If MLS requires removal of photos after a listing expires or sells, you are responsible for ensuring those photos are removed (and we can assist with verification if needed).

Retention of Files: We typically keep copies of delivered images for a period of time (at least 6 months) for backup and re-delivery if needed. However, we do not guarantee archival of your photos beyond the project completion. It is recommended that you download and securely store the delivered files upon receipt. We are not obligated to retain original RAW files or unedited images after delivery unless otherwise agreed.

Additional Terms for Services

Performance of Services: Our photographers will perform the services in a professional manner consistent with industry standards. We will use our artistic judgment and best efforts to capture quality images of the property. However, you understand that creative aspects (such as specific angles, lighting conditions, or number of photos) may vary according to the property and conditions. If you have particular shots or features you want highlighted, you should communicate those prior to or during the shoot.

Delivery of Photos: We will deliver the final edited photos to you by the agreed deadline (often within [24-48 hours] after the shoot, unless otherwise stated). Delivery is typically via a download link or an online gallery. We will deliver images in a common format (such as high-resolution JPEG files). It is the client’s responsibility to review the delivered photos promptly. If you believe any delivered photo does not meet the agreed specifications or is unusable due to technical issues, you must notify us within 5 business days of delivery. We will then work to correct the issue – for example, by editing adjustments or, if necessary, re-shooting a specific shot – at no additional cost. If we do not hear from you within 5 days, the photos will be deemed accepted. While we strive for perfect quality, minor variances in color or lighting are normal and not considered defects. We are not liable for poor reproduction quality or printing outcomes once the correct file is delivered (for instance, if a flyer printer alters the colors).

Failure to Deliver: If a shoot cannot be completed due to our fault (e.g. photographer illness with no replacement, or equipment failure) and no photos are delivered, our liability is limited to refunding any fees paid for that shoot or rescheduling the shoot at no extra cost. If we deliver the photos later than the promised delivery timeframe (and you have not consented to the delay), you may have remedies as described in our Refund Policy (such as a partial refund if the delay caused significant issues). We will communicate with you proactively if any delay is anticipated.

Satisfaction Guarantee: We want you to be satisfied with our work. If you are genuinely dissatisfied with the quality of the photographs delivered (i.e. they do not meet the agreed-upon expectations or industry standards), please see our Refund Policy for how we handle such situations (we may offer a re-edit, re-shoot, or refund as appropriate). However, subjective preferences (for example, wishing a room were a different color, or the weather were sunnier) are not grounds for unsatisfactory work if we have otherwise met the specifications.

Additional Services: Any additional services (such as video tours, drone photography, or extensive retouching) may be subject to separate fees and terms. Such terms will be clearly communicated to you if you choose to add those services.

Limitations of Liability

Website Use: While we work to keep our website accurate and secure, the site and its content are provided “as is.” We make no absolute guarantee that the site will be error-free or uninterrupted at all times. Use of the site is at your own risk. KJS Media is not responsible for any damage to your computer system or loss of data that results from downloading any content from our site. We do not warrant that the information on the site (including service descriptions or pricing) is complete or current at all times, and we reserve the right to correct errors or update information.

Service Liability: In providing our photography services, we will not be liable for any incidental, special, indirect, or consequential damages arising out of or related to the services or the use of the photos, even if we have been advised of the possibility of such damages. Our total liability for any claims arising from a service (whether in contract, tort, or otherwise) is limited to the amount you paid to us for that service. In other words, if something goes wrong, the maximum compensation you could receive from us is a refund of the service fee. This limitation of liability applies to the fullest extent permitted by law, and is not intended to limit liability in cases of gross negligence, willful misconduct, or other liability that cannot be excluded under California law.

No Warranties: Except as expressly provided in these Terms, we make no other warranties or guarantees, express or implied, about our services or deliverables. We specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. For example, we do not guarantee that using our photographs will definitively lead to the sale or rental of a property (though we certainly hope they help!). We do promise to deliver services as described and to address any issues in good faith, as outlined in these Terms and our Refund Policy.

Indemnification: You agree to indemnify and hold harmless KJS Media, its owners, employees, and contractors (including photographers) from any claim, demand, loss, or damage (including reasonable attorneys’ fees) arising out of or related to: (a) your misuse of the website or services; (b) your breach of these Terms; or (c) any allegation that the materials you provided to us (e.g. information, instructions, or media) infringe the rights of a third party. This includes, for example, claims arising from your failure to obtain proper property or model releases – you, as the client, are responsible for ensuring all legal permissions are in place for the photography, and you will defend and indemnify us against any third-party claims resulting from the creation or use of the photos as instructed by you.

Miscellaneous

Governing Law: These Terms and any disputes arising from your use of the site or our services are governed by the laws of the State of California, without regard to its conflict of law principles. By using the site or services, you agree that any legal action or proceeding shall be brought in the state or federal courts located in California, and you consent to the jurisdiction of such courts. (If you are a consumer, note that you may have certain rights or protections under the laws of your state of residence which apply in addition to California law.)

Changes to Terms: We may update or modify these Terms from time to time. If we make material changes, we will post the revised Terms on our website with a new effective date. It is your responsibility to review these Terms periodically. Continued use of the website or services after changes are posted constitutes your acceptance of the revised Terms. For significant changes, we may also provide additional notice (e.g. a pop-up notice on our site or an email to clients with upcoming bookings).

Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Entire Agreement: These Terms, together with any service-specific agreements (e.g. details in a booking confirmation, and our Privacy Policy and Refund Policy which are incorporated by reference), constitute the entire agreement between you and KJS Media regarding the use of our website and services. They supersede any prior agreements or understandings, whether written or oral.

No Assignment: You may not assign or transfer your rights or obligations under these Terms to anyone else without our prior written consent. Any attempted assignment in violation of this provision is null and void. We may assign our rights and obligations to an affiliate or successor entity, for example in the event of a reorganization or sale of the business.

Headings: The section titles in these Terms are for convenience only and have no legal or contractual effect.

If you have any questions about these Terms & Conditions, please contact us. Thank you for reading and for doing business with KJS Media!