Estate & Oak Real Estate Media
Legal

Terms of Service

Effective date: July 23, 2026

1. Agreement to These Terms

These Terms of Service (the "Terms") are a binding agreement between Estate & Oak Real Estate Media ("Estate & Oak," "we," "us," or "our") and the client booking or using our services ("you," "your," or "Client"). By booking a shoot, placing an order, or using any media we deliver, you agree to these Terms. If you are booking on behalf of a brokerage, team, or other entity, you represent that you are authorized to bind that entity to these Terms.

2. Services

Estate & Oak provides real estate marketing media services in Central and Northwest Arkansas, including listing photography, aerial and drone media, floor plans, video and social media content, and photo enhancements such as virtual staging, virtual twilight, and fire-in-fireplace edits (collectively, the "Services"). The specific deliverables for each order are those described in the package or à la carte items selected at booking.

3. Booking, Scheduling & Property Access

  • Shoots are booked through our online booking platform. Your booking is confirmed when you receive a confirmation from us or the platform.
  • You are responsible for ensuring the property is accessible at the scheduled time and that you have the legal right and any necessary permission from the property owner or occupant for us to enter and photograph the property.
  • You are responsible for having the property "photo ready" at the scheduled time. Our photographers do not move furniture, clean, or stage. Time on site is limited to what is reasonably required for the ordered media.
  • If we cannot access the property, or the shoot cannot proceed for reasons within your or the owner's control, the visit may be treated as a late cancellation under Section 4.

4. Rescheduling, Cancellation & Weather

  • You may reschedule or cancel at no charge with at least 24 hours' notice before the scheduled shoot time.
  • Cancellations or rescheduling with less than 24 hours' notice, or a failed access at the scheduled time, may incur a cancellation fee of up to the base price of the booked shoot.
  • Weather matters for exterior and drone media. If conditions are unsafe or would materially compromise quality, we may reschedule the affected portions of the shoot at no charge, and will complete interior media where practical.
  • Drone operations are conducted by FAA-licensed remote pilots and are subject to FAA regulations, airspace authorizations, and pilot safety judgment. Where drone media cannot lawfully or safely be captured at a property, we will tell you and adjust or refund the drone portion of the order.

5. Payment

  • Fees are those listed at booking. Unless otherwise agreed in writing, payment is due upon delivery of the media, and media is licensed to you only once payment is received in full.
  • Unpaid invoices may result in suspension of media links and licenses until payment is made. Amounts more than 30 days past due may accrue a late charge of 1.5% per month or the maximum permitted by law, whichever is less.
  • Travel fees, rush fees, or custom-scope fees, if any, will be disclosed before or at booking.

6. Delivery & Revisions

  • Our standard is next-business-day delivery for photography and floor plans, and the stated turnaround for other products. Turnaround times are targets, not guarantees; we will communicate promptly if a delivery will be delayed.
  • Media is delivered electronically. You are responsible for downloading and storing your files; we do not guarantee indefinite hosting of delivered media.
  • If a deliverable contains a material defect or does not match the ordered scope, notify us within 7 days of delivery. Your exclusive remedy is, at our election, correction of the media, a re-shoot of the affected portions, or a refund of the fees paid for the affected deliverable.

7. Media Ownership & License

Estate & Oak owns all media. All photographs, video, floor plans, renderings, edits, and other content we create (the "Media") are and remain the sole property of Estate & Oak, which retains all copyright and other intellectual property rights in the Media. No ownership is transferred by any order, payment, or delivery.

Upon our receipt of payment in full, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Media:

  • to market and promote the specific property for which the Media was created, for so long as you (or your brokerage) hold the listing, including in MLS, listing portals, print materials, social media, and email marketing; and
  • for your own reasonable self-promotion referencing your work on that listing (for example, portfolio and social media posts).

This license does not permit:

  • transferring, selling, or sublicensing the Media to any third party, including builders, developers, stagers, interior designers, product manufacturers, vendors, publications, or a subsequent listing agent; each of these requires a separate license purchased from Estate & Oak;
  • use of the Media to market any property other than the one photographed;
  • continued listing-marketing use after the listing is sold, withdrawn, expired, or transferred to another agent; or
  • removing metadata or claiming authorship of the Media.

You acknowledge that submitting Media to an MLS may require granting the MLS a license under its rules; you are responsible for compliance with MLS requirements, and any MLS license does not expand the rights granted to you here. We may use the Media in our own portfolio, website, social media, and marketing. If a property owner requires confidentiality, notify us in writing before the shoot.

8. Edited & Enhanced Media Disclosures

Virtual staging, virtual twilight, fire-in-fireplace, boundary overlays, location stamps, and similar products are digital enhancements. They are illustrative only, and you are solely responsible for disclosing digitally altered or virtually staged images where required by MLS rules, REALTOR® ethics obligations, or applicable law. Floor plans are prepared for marketing purposes; measurements are approximations and must not be relied upon for appraisal, construction, legal descriptions, or square-footage representations. Land boundary overlays are visual estimates and are not surveys.

9. Client Responsibilities & Indemnification

You represent that you have all rights and permissions necessary for us to access and photograph each property, including owner or occupant consent. You agree to indemnify and hold harmless Estate & Oak and its personnel from claims, damages, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your use of the Media outside the license granted, or claims by property owners or third parties relating to access or permissions you were responsible for obtaining.

10. Warranties & Limitation of Liability

THE SERVICES AND MEDIA ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES NOT EXPRESSLY STATED IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR THE MARKETING PERFORMANCE OR SALE OUTCOME OF ANY LISTING.

TO THE FULLEST EXTENT PERMITTED BY LAW, ESTATE & OAK'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO ANY ORDER SHALL NOT EXCEED THE FEES ACTUALLY PAID FOR THAT ORDER, AND IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY.

11. General

  • Governing law & venue. These Terms are governed by the laws of the State of Arkansas, without regard to conflicts-of-law rules. The state and federal courts located in Arkansas shall have exclusive jurisdiction over any dispute, and each party consents to venue there.
  • Changes. We may update these Terms from time to time; the version posted on this site at the time of your booking governs that order.
  • Entire agreement. These Terms, together with your order details, are the entire agreement between us regarding the Services, and supersede prior discussions. If any provision is unenforceable, the remainder remains in effect.
  • Contact. Questions about these Terms: Savannah@estateandoak.com.