By booking an appointment and purchasing media from Legacy Property Media (“LPM,” “we,” “us”), you agree to the following terms. These terms form a legally binding agreement and apply to all services provided.
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1. Property Readiness
Clients are responsible for ensuring the property is fully prepared before the scheduled appointment. A preparation checklist will be provided in advance. LPM does not clean, declutter, stage, or move furnishings. If the property is not ready upon arrival, the shoot will proceed as scheduled. LPM will not reshoot due to cleanliness, staging, weather preference, lighting, or other subjective conditions. Specific shot requests should be submitted in writing before the appointment; otherwise, compositions will be at LPM’s discretion. If essential areas are unintentionally missed (e.g., garage, closets), a complimentary targeted reshoot may be arranged. Reshoots requested for aesthetic reasons, alternate angles, or changes to the property will require a new paid booking.
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2. Booking, Rescheduling, Wait Time, and Cancellations
Appointments are scheduled on a first-come, first-served basis. We recommend booking as far in advance as possible to secure your preferred time. Availability is not guaranteed until confirmed by LPM. Cancellations or reschedules may be made at any time prior to the photographer’s departure for the appointment without incurring a fee. Once the photographer has arrived at the property, failure to provide access within thirty (30) minutes, and inability to contact the agent or homeowner during that time, may result in the appointment being deemed a no-show. In such cases, LPM reserves the right to cancel the appointment and apply a cancellation fee at our discretion. If any weather (including but not limited to precipitation, lightning, fog, high winds, etc.) prevents exterior or aerial services, interior media will still be completed, and a separate appointment for exterior media will be scheduled at no additional cost. Overcast skies are not grounds for a free reshoot.
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3. Payment Terms and Enforcement
Full payment is required before media can be accessed or downloaded unless alternative invoicing terms have been approved in writing. Invoiced clients must pay in full upon receipt of the invoice.
If payment is not received, LPM may remove or disable access to the media, add or reapply watermarks, or request removal from third-party platforms. Initiating a chargeback or dispute after delivery may result in legal action to recover fees, collection costs, and attorney fees. All sales are final once services have been rendered, regardless of whether the media has been downloaded.
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4. Service Area and Travel Fees
Services are available within a fifty (50) mile radius of Conway, Arkansas, at no additional cost. A travel fee applies to locations outside this area but within the state of Arkansas. Out-of-state bookings are accepted on a case-by-case basis and subject to custom travel rates.
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5. Turnaround Time and Delivery
Standard delivery time for photos is the following day after the appointment. Video, 3D tours, and advanced services are generally delivered within forty-eight (48) hours; however, delivery times for these services may vary depending on order volume, project complexity, or workload at the time of booking. Delivery is made digitally through an online platform and is contingent upon full payment. LPM retains delivered media for as long as storage allows but does not guarantee the storage of raw, unedited, or project files.
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6. Media Rights and Usage
All media remains the sole property of LPM unless otherwise stated in a signed agreement. Clients are granted a limited, non-exclusive, non-transferable license to use the media solely for marketing the specific property photographed. This license ends upon the sale, rental, or withdrawal of the property, or after one (1) year, whichever comes first.
Media may not be resold, transferred, sub-licensed, or provided to any third party without LPM’s written permission. Media may not be reused to market the same property under a different agent, brokerage, or entity without payment of a relicensing fee. Editing, altering, adding overlays, applying virtual staging, or otherwise modifying the media in any form without prior written approval from LPM is prohibited.
LPM reserves the right to use any media for portfolio, website, or social media promotion without additional consent.
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7. Virtual Enhancements and Disclosure
Virtual staging, twilight conversions, item removal, sky replacements, and similar edits (“Virtual Enhancements”) are created solely for marketing purposes and are not intended to represent the property in its actual, physical condition.
The client is solely and exclusively responsible for compliance with all applicable MLS rules, laws, regulations, and advertising standards relating to disclosure of altered or virtually enhanced media. This includes, but is not limited to, ensuring that required disclaimers are displayed wherever such media is published.
LPM makes no representations or warranties that Virtual Enhancements will comply with MLS, state, or federal advertising standards. The client assumes all risk associated with use of Virtual Enhancements and agrees that LPM shall not be liable for any fines, sanctions, takedowns, or claims (including claims of misrepresentation, fraud, or consumer deception) arising from the use or distribution of altered media.
 
By using Virtual Enhancements, the client agrees to indemnify, defend, and hold harmless LPM, its employees, contractors, and affiliates from any and all losses, damages, claims, penalties, and expenses (including reasonable attorney fees) resulting from the use, disclosure, or nondisclosure of Virtual Enhancements in marketing.
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8. Safety and Right to Refuse
LPM reserves the right to refuse or discontinue services if, in our sole judgment, conditions at the property are unsafe, unlawful, unsanitary, or otherwise inappropriate for the performance of work. This includes but is not limited to: aggressive or unrestrained animals, hazardous property conditions (such as structural instability, exposed wiring, or unsafe flooring), threatening or abusive behavior by occupants, unlawful activity, or any circumstance that reasonably jeopardizes the safety of LPM, its contractors, or equipment.
If services are refused or discontinued for these reasons, LPM shall have no obligation to complete the appointment. At our discretion, the session may be rescheduled or cancelled. If cancellation occurs due to unsafe conditions caused by the client, occupants, or property circumstances outside LPM’s control, the appointment may be treated as a no-show and subject to a Missed Access Fee.
 
The client is responsible for ensuring a safe and lawful environment during the appointment and assumes liability for any injury or equipment damage resulting from unsafe property conditions, pets, or occupant behavior. Any claim for bodily injury or property damage must be directed through LPM’s liability insurance and shall not exceed the limits of that policy.
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9. Drone Operations
All aerial services are conducted in full compliance with Federal Aviation Administration (FAA) regulations, airspace restrictions, local ordinances, and on-site safety assessments. LPM reserves the right to refuse, cancel, or limit drone flights at any time if conditions are unsafe, unlawful, or noncompliant, including but not limited to high winds, rain, low visibility, restricted airspace, nearby airports, power lines, or crowded areas.
Flights over people, moving vehicles, occupied structures, or restricted zones will not be performed under any circumstances. LPM shall not be liable for any missed aerial content resulting from legal or safety restrictions, and no refund or credit will be provided for the aerial portion of services in such cases.
 
The client is responsible for securing all necessary permissions, authorizations, or approvals from property owners, HOAs, or governing bodies prior to the appointment. LPM will not be held responsible for denied access or legal issues arising from lack of client authorization.
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10. No Guarantee
LPM makes no guarantees, representations, or warranties, express or implied, regarding the sale, lease, rental price, or marketing performance of any property depicted in the media. The success of a property listing depends on numerous factors outside of LPM’s control, including but not limited to market conditions, property condition, pricing strategy, staging, agent performance, and buyer demand.
 
The client acknowledges that media created by LPM is a marketing tool only and does not ensure any particular outcome. LPM shall not be held liable for slow sales, reduced interest, price adjustments, or failure to sell or lease a property. By using LPM’s services, the client agrees to indemnify and hold LPM harmless from any claims or damages alleging that media quality, style, or delivery impacted a property’s performance on the market.
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11. Color and Platform Variance
Colors, tones, and image quality may appear different due to screen calibration, print processes, or compression by MLS systems, social media, and other platforms. These differences are normal and not considered defects.
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12. Liability and Indemnification
The client represents and warrants that they have full authority to grant property access and request media services. The client is solely responsible for obtaining any necessary permissions from property owners, tenants, occupants, HOAs, or governing bodies before the appointment.
The client agrees to indemnify, defend, and hold harmless LPM, its employees, contractors, and affiliates from and against any and all claims, damages, liabilities, or expenses (including reasonable attorney fees) arising out of or relating to: disputes over property access, ownership, or representation; lack of proper authority to request services; unauthorized or improper use of media; violation of MLS rules, advertising regulations, or applicable law; or injuries, losses, or property damage caused by unsafe property conditions, pets, or occupants during the appointment.
 
LPM makes no warranties, express or implied, as to the suitability of the media for any particular use. To the fullest extent permitted by law, LPM’s total liability for any claim is strictly limited to the amount actually paid by the client for the specific service at issue. Under no circumstances shall LPM be liable for indirect, incidental, special, punitive, or consequential damages, including but not limited to lost profits, lost commissions, or loss of business opportunity.
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13. Non-Solicitation
If LPM engages subcontractors, editors, or second shooters in the performance of services, the client agrees not to directly or indirectly solicit, hire, contract with, or otherwise engage such individuals or entities for competing services outside of LPM for a period of twelve (12) months following their involvement in a project for the client, without LPM’s prior written consent.
 
Any attempt to circumvent LPM by engaging its subcontractors or representatives directly shall be deemed a material breach of this Agreement. In such event, LPM reserves the right to pursue all remedies available, including but not limited to immediate termination of services, recovery of lost profits, and injunctive relief to prevent further violations. The client further agrees to indemnify LPM for any damages, losses, or expenses (including attorney fees) resulting from such breach.
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14. Force Majeure
LPM is not responsible for delays or inability to perform due to events beyond our control, including weather, illness, equipment failure, transportation delays, or other unforeseen circumstances. Our only obligation in such cases is to reschedule the affected services.
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15. Dispute Resolution and Attorney Fees
If a dispute arises that cannot be resolved informally, both parties agree first to attempt good faith mediation with a neutral mediator located in Faulkner County, Arkansas, before pursuing litigation. If mediation is unsuccessful, any legal action shall be filed exclusively in the courts of Faulkner County, Arkansas.
The prevailing party in any action, whether through mediation, arbitration, or litigation, shall be entitled to recover its reasonable attorney fees, court costs, and expenses from the non-prevailing party.
Client agrees that failure to comply with these Terms, including but not limited to unauthorized use of media, nonpayment, or violation of license restrictions, shall constitute a material breach of this Agreement and entitle LPM to seek all available remedies, including injunctive relief, monetary damages, and recovery of enforcement costs.
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16. Agreement and Enforcement
By booking an appointment, the client confirms they have read, understood, and agreed to these terms in full. This Agreement is governed by the laws of the State of Arkansas, with venue exclusively in Faulkner County. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
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This Agreement constitutes the entire understanding between the parties regarding the services provided by LPM and supersedes all prior discussions, proposals, or agreements, whether written or oral. No amendment, modification, or waiver of any provision shall be effective unless made in writing and signed by LPM. The client may not assign or transfer this Agreement, or any rights or obligations under it, without LPM’s prior written consent.