Licensing and Usage of Media


The original owner/agent/brokerage (Client) who paid for the service will be provided with a non-exclusive licensing agreement that grants the licensee the right to use the images on any electronic of printed form of advertisement for the promotion of the contracted property. This licensing agreement is valid only for the duration that the home/property is listed for sale and cannot be reused without specific written permission from Sande Design LLC. The client may continue to use the photos for personal marketing and branding (personal website/electronic advertisements) as a courtesy of Sande Design LLC. However, Sande Design LLC must be made aware, credited and compensated for any printed publication not owned by the client prior to use (print, online magazine, commercial, real estate website, etc.)

Images, videos or other media licenses are non-transferable. Any usage of any media by a third party including, but not limited to, architects, builders, stagers, designers, sellers, buyers, agents or brokerages are strictly prohibited unless prior written approval, or purchase of Second License Release, is given by Sande Design LLC. The original Client does not have authorization to sell, transfer, or give away any media for any reason to any third party without prior written consent from Sande Design LLC. This includes Agents or Brokerages who take over an expired, withdrawn, or canceled listing. Any violation of this will result in compensatory damages five times the current prices listed on this site at the time of infringement. There shall be no agreements made between the original Client and a new agent or brokerage regarding media created by Sande Design LLC for a canceled, expired, or sold listing. Only Agents, Brokerages, or Clients that obtain a non-exclusive licensing agreement with Sande Design LLC are allowed to use any media created.

The Client may not make any digital alterations or edits to any media without written permission from Sande Design LLC. Please contact Sande Design LLC to make any changes to the delivered media. Any services that include editing or any requests to edit images or any other media, which may mislead or deceive consumers in any way, is the Client's responsibility and Sande Design LLC cannot be held responsible. This includes, but is not limited to, Sky Replacements, Virtual Twilights, or grass greening.

"Amenities Shots" such as a clubhouse, fitness center, golf course, community signs, etc., may be used for all future properties' listings for the original Client. Sande Design LLC retains all rights to all media and retains the right to use these images as stock images. If you request us to shoot property amenities, it is your responsibility to make sure they are available to do so during your scheduled appointment. There will be a return/re-shoot fee of $50 if a Photographer has to return to a property in which it is no fault of our own.


Expectations of Clients

Clients are expected to have the property cleaned, staged, and ready for the appointment prior to the scheduled photoshoot. If the property is not ready to be photographed, the Client should make every effort to reschedule 24 hours prior to the shoot. Sande Design LLC is not responsible for cleaning, staging, de-cluttering, or landscaping. At the discretion of Sande Design LLC, we will help with light staging, cleaning, or de-cluttering, but it will not be guaranteed. The Client is responsible for having a Representative present during the photoshoot to approve the Photographers interpretation of the project. If a Client or Client's Representative, is not present, the Photographers interpretation shall be deemed acceptable. All properties will be shot as is. Your input is important when choosing the best rooms and angles to photograph. If we do not receive any input, the Photographer will use their best judgment and experience to decide how best to photograph the property.


Cancellation and Rescheduling Policy

If cancelation or rescheduling is necessary, please do so with a minimum of 24-hours notice. Any shoot canceled within 24 hours of a booked appointment is subject to a $50 Cancelation Fee. By scheduling a photoshoot you affirm that the property is ready, or will be ready, for photos to be taken at the scheduled time. You also understand that we may charge a $75 Rescheduling Fee if we must return to a property in which it is no fault of our own. This includes, but is not limited to, property not prepared, staging incomplete, construction, owner and/or agent not present, no key in the lockbox, etc. This includes partial photoshoots where the exterior may not be ready or certain rooms are incomplete and the Photographer is required to return. When there is extreme weather, the $50 fee may be waived at the discretion of Sande Design LLC; however, the weather should be evaluated several days prior to the photoshoot and therefore the Client is still responsible for the Rescheduling Fee if rescheduled within 24 hours of the set appointment.


Rush Policy

A request for a photoshoot less than 24 hours before hand will be charged a $50 Rush Fee.



Photo Guarantee

Sande Design LLC will make every effort to ensure the final images, videos, and other media are of high quality and represent the property. However a Client may feel these images do not meet those expectations. In this case, Sande Design LLC will work closely with the Client to correct the issues with the delivered media. A reasonable amount of re-editing will be performed at no additional cost. If a return trip is requested due to issues in the media regarding de-cluttering, re-staging, additional photos no specifically requested prior to/at the shoot, or other aspects that are not directly the fault of Sande Design LLC, there will be a return/re-shoot fee of $50 plus $10 per additional photo requested and will be charged to the Client, unless it is the direct responsibility of the Photographer wherein there will be no charge (missing prior requested shot, unusable photo due to quality, etc.). Should the Client still not be fully satisfied with the photos, Sande Design LLC will issue a full refund to the Client, if requested, within 7 days of delivery as long as the listing is not under contract. If a full refund is issued the Client will have no licensing rights to the media and will delete and discontinue the use of any of the photos or videos taken. The Client understands that Sande Design LLC may and will take legal action for any copyright infringement.


Delivery of Photos and Storage

For most standard shoots, Sande Design LLC has a 24-48 hour turnaround time, but some photoshoots of larger properties or with extensive editing/special requests, such as luxury or twilight photos, may take up to 72 hours. Video services may take up to 72 hours. Sande Design LLC will also maintain a photo backup and provide access to the final images for up to 60 days after the photos are delivered to the Client via download link. After 60 days, Sande Design LLC cannot guarantee the photos will be available. It is highly recommended to download the photos immediately after receiving the final download link as this will ensure no future issues.


Travel Surcharge

There is no travel fee for properties located within 30 miles of Kalispell, Montana. Properties outside of these areas are subject to a travel charge. Starting at $35 and up to $85 for 100 miles. Additional fees will be added, if deemed reasonable, for travel in excess of 100 miles.


Right to Refuse

Sande Design LLC reserves the right to refuse service at any time for any reason. At any time Sande Design LLC can terminate the relationship with, or fire, a Client for overdue invoices, poor communication, unreasonable requests, or bad attitudes.


Aerial/Drone Services

All drone services are regulated by the FAA (Federal Aviation Administration) and must follow all rules and regulations. All properties within 5 miles of most airports require prior clearance before any Aerial/Drone services can be completed. All Aerial/Drone services are contingent upon getting the proper clearance prior to flight. Although rare, there may be a delay of up to 90 days to receive clearance to perform any Aerial/Drone services. Sande Design LLC will take all necessary steps to get authorization prior to the scheduled appointment but make no guarantees that this clearance will be granted. No clearance means Aerial/Drone services will not be conducted. Weather conditions also play a large factor in Aerial/Drone services and Sande Design LLC holds the exclusive right to determine whether wind and/or weather conditions enable safe flight conditions. Sande Design LLC offers no guarantees that Aerial/Drone services can be provided at any given time. If the Photographer deems safe flight conditions are not present, rescheduling may occur. Any Aerial/Drone services not conducted due to issues of authorization or safe flight conditions will be fully refunded or removed from the final invoice.


Payments

Payment is expected after we have completed the services requested, but before you are able to download the photos unless other arrangements have been made prior to the appointment. Failure to pay an past due invoice of 30 days or more will result in copyright infringement and will result in legal action. Any services that have been provided at the listing property must be paid for regardless of listing becoming expired, withdrawn, canceled, or under contract.



Final Note

By booking any services with Sande Design LLC you are agreeing to be bound by these terms and conditions. You are also acknowledging that such agreement constitutes a binding contract between you and Sande Design LLC.