ACKERMAN PHOTOGRAPHY TERMS AND CONDITIONS

Terms of Service

By ordering any services from Ackerman Photography, you agree to the following Terms of Service. These terms are subject to change without notice.

Payment Policy

Ackerman Photography operates on a fee-for-service basis. All payments are due upon scheduling. By booking an appointment, you agree to pay for all requested services as outlined in the pricing schedule. If legal action is required to collect unpaid balances, you agree to reimburse Ackerman Photography for all collection costs, including attorney and legal fees. A $40 service charge applies to returned checks.

Cancellations & Rescheduling

Clients must provide at least 24 hours' notice for cancellations or reschedules. Appointments canceled or rescheduled within 24 hours may incur a $50 fee.

Property Preparation & Access

Clients and/or realtors are responsible for ensuring the property is accessible and properly prepared before the scheduled session. If the photographer is unable to proceed due to property conditions, lack of access, or necessary preparations, Ackerman Photography reserves the right to cancel the appointment and charge a $100 cancellation/reschedule fee, plus any applicable travel fees. If the property is not prepared, the appointment will need to be rescheduled, incurring the reschedule fee.

Property Staging & Condition

Photographers do not stage properties. However, at their discretion, they may make minor adjustments such as straightening pillows, adjusting window coverings, turning on lights, or switching off ceiling fans. It is the client’s responsibility to ensure the property is photo-ready before the appointment.

Ackerman Photography reserves the right to omit photographing certain aspects of a property if their condition is deemed detrimental to the overall presentation. Clients may request specific shots, but the photographer has final discretion. Poor staging or lack of preparation by the realtor or homeowner may result in lower-quality images, and Ackerman Photography is not responsible for correcting or compensating for poorly prepared properties.

Editing & Property Representation

For all residential MLS photoshoots, Ackerman Photography does not manipulate images to conceal defects, including cracks, power lines, or other structural issues. Images represent the property as it appears at the time of the shoot.

Liability & Safety

The property owner is responsible for ensuring a safe working environment. Pets should be secured and kept out of the photographer’s view. Photographer may recommend that pets be relocated to ensure the session can be completed efficiently. Ackerman Photography is not liable for injuries, property damage, or missing pets. Clients waive and release Ackerman Photography from any claims related to the session.

Time Limits & Delays

Appointments are scheduled for a fixed time, including buffer time for minor delays. Significant overruns caused by the client may incur an additional fee of $100 per hour.

Weather Policy

Clients must notify Ackerman Photography before the scheduled session if they wish to reschedule due to weather. If the client chooses to reschedule, they may:

  • Reschedule the entire session to a later date at no additional charge, provided this decision is made before the photographer arrives on-site.

  • Proceed with the interior session only and schedule a separate exterior session at a later date for an additional travel fee.

Once the photographer has arrived at the location, if the client opts to reschedule at that time due to unforeseen circumstances, a $100 rescheduling fee plus any applicable travel fees will apply instead of the full session fee. No reschedule fees apply for weather-related delays if the decision is made in advance.

Copyright & Licensing

Ackerman Photography retains full copyright ownership of all images and media. Clients receive a limited, non-transferable license to use the images exclusively for marketing a residential property listing on the MLS. This license is strictly for the duration of the listing and does not extend to builders, stagers, designers, or any other commercial use.

Ackerman Photography reserves the right to use any images for its own advertising, portfolio, website, social media, marketing materials, and promotional purposes. This includes but is not limited to showcasing work on Ackerman Photography's website, social media pages, or printed materials.

This license does not permit:

  • Any alteration, editing, or modification of images by any means, including but not limited to Photoshop, AI-generated enhancements, AI staging, virtual staging, or any other software-based alterations. This restriction applies to all parties, including realtors, homeowners, marketing agencies, other photographers, editors, and third-party services.

  • Selling, transferring, or granting usage rights to third parties (e.g., new listing agents, property managers, future homeowners, Airbnb hosts, or vacation rental companies).

  • Using the images beyond the original residential MLS listing, including for rental marketing (e.g., Airbnb), remodeling portfolios, or commercial advertising.

Company Policy on Third-Party Licensing

For all residential MLS photoshoots, Ackerman Photography requires express written permission from the original client before selling, transferring, or licensing images to any third party. This includes but is not limited to new listing agents, property managers, or homeowners.

While Ackerman Photography retains full copyright ownership and has the ability to license images to third parties, our strict company policy prohibits the resale or transfer of any media from residential MLS photoshoots without the explicit authorization of the original client. Unauthorized use of our residential MLS images will be considered a copyright violation and may result in legal action.

For builders, stagers, designers, and other commercial entities, a separate commercial license must be purchased to use images for marketing, portfolios, advertising, or any non-MLS purposes. These commercial clients may not share, resell, or transfer images to other professionals, third parties, or affiliated businesses without obtaining proper licensing from Ackerman Photography. Each commercial use requires its own licensing agreement, and unauthorized distribution will be considered a copyright violation.

MLS Photo Use & Copyright

Some MLS platforms claim that by uploading images, agents transfer ownership rights to the MLS. However, this is incorrect—copyright remains with the photographer unless explicitly transferred via a signed agreement. Clients should not assume they can redistribute images under MLS terms.

Indemnification

The client agrees to indemnify and hold harmless Ackerman Photography from any claims, damages, or liabilities arising from the use of its images or services, including but not limited to personal injuries, property damage, or financial losses related to real estate transactions. In the event of a dispute or claim, the maximum compensation for damages shall not exceed the amount paid to Ackerman Photography for the specific service in question.

Product Delivery & Online Availability

Ackerman Photography uses third-party platforms for media delivery. While we select reliable vendors, we are not responsible for outages, maintenance downtime, or technical failures.

Final Products & Modifications

Clients must not edit or modify images after delivery. Any alteration, including retouching, color changes, or cropping beyond reasonable resizing for platforms, is prohibited.

Additional Fees

Extra services beyond the original scope may incur additional charges.

Client Cooperation

Clients are expected to provide timely responses and necessary information for media processing. Delays caused by clients may affect turnaround times.

Force Majeure

Ackerman Photography and its photographers are not liable for any service interruption or cancellation due to extreme weather conditions, traffic delays, transportation issues, power failures, system failures, force majeure, or other unforeseen circumstances beyond our control.