Terms and conditions

1Services and Scheduling

Bricksworth will perform the services described in your order. Appointment times are reserved for you and are confirmed by email or text.

Turnaround. Standard delivery is within twenty-four (24) hours of the completed shoot at no additional charge. Turnaround runs from completion of the shoot, not from booking, and does not apply to services with inherently longer production times (including but not limited to Matterport, iGuide, virtual staging, time-lapse builds, and multi-visit projects), which are quoted separately.

Scheduling changes by Bricksworth. We may reschedule an appointment where weather, airspace restrictions, equipment failure, illness, or unsafe conditions prevent us from delivering usable media. Where we reschedule, no cancellation fee applies and you may cancel for a full refund of amounts paid for the affected service.

Weather. Exterior, twilight, and aerial services depend on conditions we do not control. We will make a reasonable judgment about whether conditions permit usable media. Where they do not, we will reschedule the affected portion of the shoot. Interior work may proceed as scheduled even where exterior work cannot.

2Property Access and Condition

Access. You are responsible for arranging access to the property, including lockbox codes, gate codes, keys, alarm codes, and any occupant notification. Where we cannot access the property at the scheduled time, Section 8 (Cancellation) applies.

Condition. We photograph the property as we find it. Bricksworth is a media company, not a cleaning or staging service. We are not responsible for cleaning, decluttering, making beds, moving furniture or vehicles, mowing, removing trash, or handling occupants’ belongings. We may make minor adjustments at our discretion — turning on lights, opening blinds, straightening a chair — but we are not obligated to and will decline where doing so risks damage.

Occupants, pets, and valuables. You are responsible for ensuring that pets are secured and that cash, prescriptions, firearms, mail, documents, jewelry, and other valuables are removed from view or secured before we arrive. Bricksworth is not responsible for the security of the property or its contents, and accepts no liability for loss or damage to property or contents occurring before, during, or after the appointment.

Preparation resources. We publish a preparation checklist for this purpose. Following it is your responsibility; failing to follow it does not entitle you to a reshoot at our expense.

3Aerial and Drone Services

Aerial services are performed under FAA Part 107 by a certificated remote pilot.

Aerial operations are subject to federal regulation, controlled airspace, temporary flight restrictions, weather minimums, and pilot safety judgment — none of which are within our control. We do not guarantee that any given property can be flown. Where a flight cannot be conducted lawfully or safely, we will, at your election, reschedule, substitute an equivalent ground-based service, or refund the amount paid for the aerial portion of the order. No other remedy is available for a flight we cannot legally or safely perform.

We may decline or discontinue a flight at any time on safety grounds, including for wind, precipitation, low light, crowds, livestock, powerlines, or objection from a neighboring property owner.

4Creative Control

Bricksworth retains full discretion over the creative and technical process, including composition, angle selection, lighting, editing style, color treatment, image count, and which frames are delivered. You do not direct the method or approach used to capture or process the work.

We will make reasonable efforts to accommodate specific shot requests communicated before or during the appointment. Requests communicated after the shoot may require a return visit at additional cost.

5Delivery, Review, and Retention

Formats. Media is delivered in standard formats — typically JPEG for stills and MP4 or a hosted link for video — at resolutions we determine appropriate for the licensed use. Unless separately agreed in writing, we are not obligated to deliver RAW files, camera-original files, higher than 8-bit depth, project files, or unedited frames.

Review period. Inspect your delivery promptly. Notify us of any technical or quality concern within five (5) business days of delivery. Where a concern is well founded, we will correct or replace the affected media. After five business days the delivery is deemed accepted.

Retention. Delivered media remains available in your online media library while your Bricksworth account remains active and in good standing. This is a convenience, not a guarantee. You are responsible for downloading and retaining your own copies. We do not warrant indefinite archiving and are not liable for media that becomes unavailable, including through platform change, account closure, or technical failure.

Reproduction. We are not responsible for the quality of third-party reproduction, including MLS compression, print output, or platform re-encoding.

6Ownership and Copyright

All photographs, video, aerial imagery, tours, floor plans, renderings, and other media created by Bricksworth ("the Work") are original works of authorship. Bricksworth is and remains the sole owner of the copyright in the Work.

The Work is not a "work made for hire" as that term is defined under the Copyright Act, and no provision of these Terms transfers, assigns, or conveys copyright ownership to you. Your rights in the Work are only those expressly granted in Section 7.

Uploading the Work to a multiple listing service, portal, or social platform does not transfer copyright, and no term imposed by any such service alters this Section. Where a platform’s terms purport to require ownership or a broader license than you hold, you are responsible for that conflict, not us.

Copyright management information. We may embed copyright notices, authorship, and other identifying data in file metadata. Removing, obscuring, or altering that information is prohibited and may give rise to liability under the Digital Millennium Copyright Act, 17 U.S.C. § 1202.

7License Granted to Client

Upon payment in full, Bricksworth grants you a limited, non-exclusive, non-transferable, revocable license to reproduce, display, and distribute the Work solely to market and sell the specific property photographed.

This license includes:

• Upload to the MLS and to real estate portals and syndication feeds
• Your website, single-property website, email marketing, and printed listing materials
• Your social media accounts and paid social advertising for that listing
• Your brokerage’s marketing of that listing
• Your own portfolio, listing presentations, and marketing materials, indefinitely, to demonstrate your work

Term. The license begins on payment in full and continues until ninety (90) days after the property closes, or ninety (90) days after your representation of the property ends, whichever occurs first.

This license does not include: resale, sublicensing (except as stated in Section 7.1), use to market any other property, use by any other agent or brokerage, use in connection with a subsequent listing of the property by anyone other than you, stock licensing, or use by any third party.

Nothing in this Section is granted before payment is received in full.

7.1Seller and Homeowner Use

The property’s owner at the time of the shoot may use the Work for personal, non-commercial purposes — including personal social media, keepsakes, and printing for their own use — indefinitely and at no additional charge.

The seller may not use the Work commercially, which includes marketing the property for sale or rent by owner, licensing or selling the Work, providing it to another agent or brokerage, or using it in connection with any business.

7.2Third Parties

Builders, developers, stagers, designers, contractors, lenders, title companies, publications, furniture and product vendors, and any other party wishing to use the Work must license it directly from Bricksworth. You may not provide the Work to any such party. Where you do, you are responsible for the resulting use and for any license fees that would have applied.

8Expired, Withdrawn, Cancelled, and Relisted Properties

Where your listing expires, is withdrawn, is cancelled, or your representation otherwise ends, your license terminates in accordance with Section 7 and you must remove the Work from all active marketing.

Where the property is subsequently listed by a different agent or brokerage, that party must obtain a new license from Bricksworth to use the Work. Relicensing is offered at a reduced rate against the cost of a new shoot; contact us for a quote. The Work may not be transferred, forwarded, or shared with a successor agent under any circumstances.

Where you relist the same property yourself within twelve (12) months, your original license is reinstated for the new listing at no additional charge.

9Digitally Altered Media and Required Disclosure

Certain services materially alter the depiction of the property. These include, without limitation, virtual staging, virtual renovation, digital decluttering or item removal, adding fire to fireplaces, sky replacement, seasonal lawn enhancement, and twilight simulation.

You are solely responsible for disclosing digitally altered media wherever required by your MLS, your brokerage, the National Association of REALTORS®, the Iowa Real Estate Commission, or applicable state and federal law, and for applying any disclosure label those rules require.

Bricksworth provides the media; we do not advise on, monitor, or ensure your compliance with disclosure obligations. You indemnify Bricksworth against any claim, complaint, fine, or proceeding arising from undisclosed or improperly disclosed alteration of the Work.

10Property Websites and Hosted Media

Where your order includes a single-property website, hosted video, or hosted tour, that hosting is provided while your account remains active and the listing remains current. We may disable hosted media after your license term ends under Section 7. Hosted media is provided on an "as available" basis and we do not warrant uninterrupted availability.

11Fees and Payment

Fees are as quoted at the time of order. Prices, packages, and travel charges are subject to change; the price quoted on your confirmed order governs that order.

Payment is due in full before media is released for download, and in no event later than fifteen (15) business days from the date of the shoot. Payment is due whether or not you use the Work, and whether or not the property sells.

Where payment remains outstanding thirty (30) days after the shoot, Bricksworth may revoke all rights granted under Section 7 without notice. On revocation you must remove the Work from all media within ten (10) days and confirm removal in writing. Continued use after revocation is copyright infringement.

We may suspend service on new orders while a balance is outstanding, and may recover reasonable costs of collection, including attorney fees, on past-due amounts.

12Cancellation, Rescheduling, and Trip Fees

• More than 24 hours’ notice: no charge.
• Less than 24 hours’ notice: 25% of the order value.
• Same-day cancellation, or photographer en route: 25% of the order value.
• Photographer arrives and the property is inaccessible, occupied, or not prepared to a degree that prevents the shoot: 50% of the order value.

A property is "not prepared" where its condition would require Bricksworth to clean, declutter, move vehicles, or remove occupants’ belongings in order to produce usable media.

Rescheduling by Bricksworth for weather, airspace, or safety reasons under Sections 1 and 3 incurs no fee.

13Reshoots and Corrections

Where delivered media contains a technical defect attributable to Bricksworth, we will correct it or reshoot the affected portion at no charge, provided it is reported within the five business day review period.

Reshoots requested for any other reason — including changes to the property, staging added after the shoot, seasonal changes, new preferences, or a change of agent — are quoted as a new order.

14Promotional Use by Bricksworth

Bricksworth may use the Work in its own portfolio, website, social media, advertising, competition entries, and marketing materials, and may identify the property address and the Client’s name and brokerage in doing so.

Where you require that a particular property be withheld from our promotional use, notify us in writing before the shoot and we will honor it.

15Releases and Indemnification

You represent that you have the authority of the property owner to have the property photographed and marketed, and that you have obtained any property release, model release, HOA permission, or other consent required.

You agree to indemnify, defend, and hold harmless Bricksworth, its owner, employees, and contractors from any claim, liability, damage, cost, or expense — including reasonable attorney fees — arising from: your use of the Work; your failure to obtain required releases or consents; your failure to disclose digitally altered media under Section 9; use of the Work by any party to whom you provided it; or any inaccuracy in information you supplied.

16Independent Contractor Status

Bricksworth operates as an independent contractor. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship. Bricksworth is responsible for its own equipment, insurance, and taxes, and controls the manner and means of performing the services.

17Limitation of Liability

To the fullest extent permitted by law:

Bricksworth’s total aggregate liability arising out of or relating to any order, or to these Terms, shall not exceed the amount you actually paid to Bricksworth for the order giving rise to the claim.

Bricksworth is not liable for indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost profits, lost sales, lost listings, lost commissions, delayed marketing, or reputational harm, whether or not the possibility of such damages was known.

The Work is provided without warranty of any kind beyond those expressly stated in these Terms, and we disclaim all implied warranties, including merchantability and fitness for a particular purpose.

18Non-Transferability

You may not assign, transfer, sublicense, or delegate any right or obligation under these Terms without our prior written consent, except for the limited seller use expressly permitted in Section 7.1.

19Confidentiality and Access Information

Bricksworth will treat lockbox codes, gate codes, alarm codes, and comparable access information as confidential, will use it only to perform the services, and will not retain it longer than needed for that purpose.

20Governing Law and Venue

These Terms are governed by the laws of the State of Iowa, without regard to conflict of law principles. Any dispute arising under these Terms shall be brought exclusively in the state or federal courts located in Cerro Gordo County, Iowa, and both parties consent to that jurisdiction and venue.

21Changes to These Terms

We may revise these Terms at any time by posting an updated version at bricksworthmedia.com. The version in effect on the date of your order governs that order. Continued ordering after a revision constitutes acceptance of the revised Terms.

22Severability, Waiver, and Entire Agreement

Where any provision is found invalid, illegal, or unenforceable, it will be modified only to the minimum extent necessary to make it enforceable, and the remaining provisions continue in full effect.

No provision is waived except in writing. Our failure to enforce any right does not waive that right or any other.

These Terms, together with your confirmed order, constitute the entire agreement between the parties regarding the services, and supersede all prior discussions, quotes, and understandings. Where a separate written agreement signed by Bricksworth conflicts with these Terms, that agreement governs to the extent of the conflict.