Terms of Service

01. Acceptance of Terms

These Terms of Service (“Terms”) govern the purchase and use of services provided by Upper Echelon Visuals (“UEV,” “we,” “us,” or “our”).

By booking, purchasing, accessing, downloading, or using our services or delivered media, you agree to these Terms.

02. Services

Upper Echelon Visuals provides real estate and commercial media services, including photography, video, aerial and drone media, floor plans and measurements, 3D tours, virtual staging, virtual twilight, editing, marketing content, and related creative services.

Specific deliverables, pricing, turnaround times, and service details are determined by the services selected during booking, an approved proposal, or a separate written agreement.

We may update, modify, replace, or discontinue services or service options from time to time.

03. Booking and Authorization

The person placing an order represents that they are authorized to request media services for the property, business, person, or project being photographed or filmed.

By booking, you authorize UEV and its employees, contractors, photographers, pilots, editors, and production partners to enter the property or approved areas as reasonably necessary to perform the requested services.

You are responsible for obtaining any permissions required from property owners, occupants, homeowners associations, venues, businesses, or other relevant parties before the scheduled appointment.

04. Property Access and Readiness

The property should be ready for photography or production at the scheduled appointment time.

Unless otherwise agreed, UEV is not responsible for cleaning, staging, moving furniture, removing personal belongings, landscaping, or preparing the property.

Our team may make minor adjustments when reasonable, such as moving small objects, opening blinds, or turning lights on or off, but is not required to perform property preparation.

If access is unavailable, the property is not reasonably ready, or conditions prevent the scheduled services from being completed, additional trip, rescheduling, or cancellation fees may apply.

UEV is not responsible for delays caused by lockboxes, access codes, occupants, contractors, cleaning crews, pets, security systems, or other conditions outside our control.

05. Cancellation and Rescheduling

Appointments may generally be cancelled or rescheduled without penalty when sufficient notice is provided.

Cancellations, rescheduling requests, or access failures occurring within 24 hours of the scheduled appointment may be subject to the applicable cancellation or rescheduling fee disclosed during booking.

We understand that weather, property readiness, seller needs, and other circumstances can change. We will make reasonable efforts to accommodate scheduling changes, but availability is not guaranteed.

06. Weather and Exterior Conditions

Weather conditions can materially affect photography, video, drone operations, twilight services, and other exterior media.

UEV may proceed with an appointment when conditions remain suitable for the requested services. We may also reschedule, modify, or postpone affected services when weather, safety, lighting, airspace restrictions, or other conditions make production impractical or unsafe.

Cloudy skies, seasonal landscaping, construction, neighboring conditions, traffic, vehicles, temporary objects, and similar environmental factors are not considered defects in the delivered media unless otherwise agreed.

07. Drone Services

Drone operations are subject to weather, site conditions, airspace restrictions, Federal Aviation Administration requirements, temporary flight restrictions, property conditions, and pilot safety determinations.

UEV cannot guarantee that drone services can be completed at every property or at every scheduled appointment.

When drone operations cannot legally or safely be performed, we may reschedule the drone portion of the appointment, provide an appropriate alternative when available, or adjust the order as applicable.

08. Pricing

Residential real estate services may be priced based on property size, selected services, package configuration, quantity, or other booking details.

Commercial, architectural, branding, development, hospitality, and other custom projects may be priced individually based on scope.

Prices shown on our website, booking platform, package builder, proposals, or other materials may change from time to time.

The price confirmed at booking or in an accepted proposal governs the order unless the project scope changes.

Additional services requested after booking may result in additional charges.

09. Payment

Payment terms are displayed during booking, invoicing, or within an approved proposal.

Unless other arrangements have been approved, payment is due according to the invoice terms associated with the order.

UEV may withhold media delivery, download access, publishing access, licensing rights, or future services while an invoice remains past due.

Clients are responsible for any applicable taxes, transaction charges, or other fees disclosed at checkout or invoicing.

10. Turnaround Times

Turnaround times displayed by UEV are target delivery windows and are not guarantees unless specifically agreed in writing.

Turnaround may be affected by the scope of the project, revisions, weather, property size, third-party processing, platform outages, unusual editing requirements, holidays, or other circumstances outside our reasonable control.

Rush delivery applies only to the specific deliverables included in the rush service purchased.

11. Revisions and Quality Concerns

We want clients to be satisfied with their media and will make reasonable efforts to correct legitimate production or editing issues.

Revision requests should be submitted promptly after delivery.

Standard revisions do not include changes to the property, reshoots caused by property readiness, newly requested angles, changed creative direction, removal of items not requested before production, or additional deliverables outside the original scope.

Requests outside the original scope may require an additional fee.

When a reshoot is required because of an error by UEV, we will work with the client to remedy the issue at no additional charge.

12. Media Delivery and Storage

Media may be delivered through UEV's client portal, cloud storage, third-party hosting services, download links, or other delivery systems.

Clients are responsible for downloading and maintaining copies of delivered files they wish to retain.

UEV does not guarantee indefinite storage of delivered media unless a specific hosting or archival service has been purchased.

Hosted services such as Matterport, property websites, or other third-party products may have defined hosting periods and may require additional fees for continued hosting.

13. Copyright and License

Unless otherwise agreed in writing, Upper Echelon Visuals retains the copyright and ownership of all photography, video, graphics, edits, and other creative media produced by UEV.

Upon payment in full, the client receives a license to use the delivered media for the purposes reasonably associated with the project for which it was commissioned.

For residential real estate listings, this generally includes use by the ordering agent, team, brokerage, owner, or authorized marketing partners for marketing the specific property.

Media may not be sold, relicensed, transferred, materially altered, or provided to unrelated third parties for their separate commercial use without permission from UEV.

Builders, architects, designers, contractors, developers, publications, vendors, and other businesses wishing to use UEV media may require a separate license.

Unless otherwise agreed, payment for a service purchases usage rights, not a transfer of copyright.

14. Portfolio and Promotional Use

Unless otherwise agreed in writing, UEV may display completed work in our portfolio, website, social media, advertising, presentations, award submissions, educational materials, and other promotional uses.

We will make reasonable accommodations for confidential, unreleased, or privacy-sensitive projects when requested in advance.

15. Virtual Staging, Virtual Renovation, Decluttering, Twilight, and AI-Assisted Media

Certain UEV services may digitally alter or enhance the appearance of a property.

These may include virtual staging, virtual renovation, virtual decluttering, virtual twilight, sky replacement, object removal, visual effects, or AI-assisted image and video editing.

These services are intended for marketing and visualization purposes.

Clients are responsible for complying with MLS rules, advertising requirements, disclosure requirements, platform policies, and applicable laws concerning digitally altered media.

UEV does not represent that digitally altered media depicts the property's current physical condition.

16. Measurements and Floor Plans

Floor plans, square-footage calculations, measurements, and related products are provided for marketing and informational purposes unless expressly stated otherwise.

They should not be relied upon for construction, renovation, appraisal, engineering, architectural, legal, or boundary purposes.

Measurements may contain reasonable tolerances based on field conditions, measurement methodology, property accessibility, and applicable measurement standards.

Clients and property owners should independently verify measurements when exact dimensions are material to a transaction.

17. 3D Tours and Third-Party Platforms

Matterport, Zillow 3D Home, MLS platforms, property websites, cloud delivery services, social media platforms, and similar products may rely on third-party systems.

UEV is not responsible for outages, feature changes, processing delays, platform policies, account restrictions, discontinued functionality, or other actions taken by third-party providers.

Services requiring third-party hosting may expire or incur additional hosting charges as disclosed during booking.

Google Maps

Our services may include Google Maps features and content. Use of Google Maps features and content is subject to the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.

18. Client-Supplied Content

If you provide logos, photographs, music, graphics, scripts, trademarks, footage, or other materials for inclusion in a project, you represent that you have the necessary rights and permissions for UEV to use them.

You agree that UEV is not responsible for claims resulting from materials supplied or specifically requested by the client where UEV reasonably relied on the client's authorization.

19. People, Pets, and Personal Property

The client is responsible for ensuring that people appearing intentionally in photographs or video have appropriate permission to be recorded and used for the intended purpose.

Pets should be secured when necessary for the safety of the property, occupants, and UEV personnel.

UEV is not responsible for incidental inclusion of personal property, vehicles, neighboring properties, people, or environmental conditions that are reasonably visible from the location being photographed.

20. Safety and Right to Refuse Service

UEV personnel may decline, stop, modify, or reschedule services when conditions are unsafe, unlawful, threatening, inaccessible, or otherwise unreasonable.

This includes unsafe structures, aggressive animals, hazardous materials, severe weather, unsafe drone conditions, hostile occupants, or other circumstances that could reasonably create a safety risk.

21. SMS Communications

By providing your mobile phone number and affirmatively opting in, you consent to receive text messages from Upper Echelon Visuals related to your bookings and services.

Messages may include appointment confirmations, reminders, scheduling updates, estimated arrival times, access questions, service completion notifications, delivery updates, and other operational communications.

Message frequency varies based on your bookings and interactions.

Message and data rates may apply.

You may opt out at any time by replying STOP. For assistance, reply HELP or contact UEV directly.

Consent to receive SMS messages is not a condition of purchasing services where prohibited by law.

We do not sell SMS opt-in information or use your SMS consent for unrelated third-party marketing. Service providers may process messaging information solely as necessary to provide communications on our behalf.

22. Website and Account Use

You agree not to misuse our website, booking platform, client portal, media delivery systems, or other services.

You may not attempt to gain unauthorized access, interfere with service operation, scrape protected content, bypass payment or access controls, or use our systems for unlawful purposes.

You are responsible for maintaining the confidentiality of any account credentials associated with your account.

23. Limitation of Liability

To the fullest extent permitted by law, UEV will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to our services.

UEV's aggregate liability for a claim relating to a specific order will not exceed the amount actually paid to UEV for the service giving rise to that claim.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

24. Force Majeure

UEV will not be liable for delays or failure to perform caused by circumstances beyond our reasonable control, including severe weather, natural disasters, government restrictions, utility or internet outages, platform failures, illness, transportation disruptions, airspace restrictions, labor disruptions, or similar events.

25. Governing Law

These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles.

26. Changes to These Terms

We may update these Terms from time to time.

The updated version will be effective when posted unless otherwise stated. The “Last Updated” date at the top of this page identifies the most recent revision.

For an existing booked project, the terms in effect when the order was placed will generally govern that order unless the parties agree otherwise.

27. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

28. Contact

Questions about these Terms may be directed to:

Upper Echelon Visuals

563 Averasboro Dr

Clayton, NC 27520

Brandon@UpperEchelonVisuals.com