Terms of Service
Last Updated: 12/22/2025
These Terms of Service (“Terms”) govern your access to and use of Otography ATL’s website, booking system, services, communications, and delivered media (collectively, the “Services”). By booking, purchasing, or using any Services, you agree to these Terms.
If you do not agree, do not use our Services.
1. Definitions
“Otography ATL,” “we,” “us,” “our” refers to Otography ATL.
“Client,” “you,” “your” refers to any person or entity booking or using our Services.
“Property” refers to the real estate location being photographed/filmed/scanned.
“Content” refers to all photos, video, drone imagery, 3D tours, floor plans, graphics, and other media created or delivered by Otography ATL.
2. Services & Scheduling
All bookings are subject to availability and confirmation. Shoot start times are estimates. Client is responsible for ensuring the Property is photo-ready at the scheduled time.
If the Property is not ready and delays occur, additional fees may apply, including wait time, rescheduling, or return-trip fees.
3. Client Responsibilities
Client agrees to:
Provide access to the Property at the scheduled time (including lockbox codes, gate access, etc.).
Ensure the Property is clean, staged, and ready prior to our arrival.
Secure pets and remove or protect fragile items.
Obtain any required approvals from homeowners, tenants, HOAs, building management, or sellers for media creation and use.
Ensure compliance with MLS, brokerage, and advertising rules when using the Content.
4. Fees, Payments, and Delivery
Payment is due at booking unless otherwise agreed in writing.
Delivery timelines are estimates and may vary based on volume, editing complexity, and workload. If an expedited delivery is requested, rush fees may apply.
All sales are final once Services are delivered, except where required by applicable consumer protection laws.
5. Cancellations, Reschedules & No-Shows
Cancellations within 24 hours of the scheduled appointment may be subject to a cancellation fee of [Insert Amount] or [Insert %].
No-shows (Client or access not available at arrival) may be charged the full session fee.
Reschedules requested within 24 hours may be subject to a rescheduling fee.
Weather-related reschedules (especially for drone/exteriors) will be handled reasonably based on safety and practical conditions.
6. Copyright Ownership & Client License
All Content created by Otography ATL is protected by U.S. copyright law and international treaties. Otography ATL retains full copyright ownership of all Content at all times unless explicitly transferred in writing.
Upon full payment, Client is granted a limited, non-exclusive, non-transferable, revocable license to use the delivered Content solely for marketing the specific Property for which the Content was created.
Client may not:
sell, sublicense, or transfer the Content to third parties without written consent,
alter the Content in a misleading way (including removing watermarks if present or misrepresenting the Property),
reuse the Content to market a different property,
use the Content for unrelated commercial advertising or branding without written permission.
Unauthorized use may result in additional licensing fees and legal action.
7. Portfolio & Promotional Use (Marketing Release)
Client grants Otography ATL a perpetual, worldwide, non-exclusive right to display and use the Content for Otography ATL’s portfolio, website, social media, advertising, marketing, competitions, and promotional purposes.
This promotional use is limited to showcasing Otography ATL’s services and is not intended to advertise the Property for sale, solicit buyers, or represent Otography ATL as the listing agent or brokerage.
Opt-Out: If Client or the Property owner requires that Content not be used for promotional purposes, Client must submit a written opt-out request prior to the scheduled shoot or prior to delivery of the Content. Otography ATL will honor reasonable requests to remove previously posted Content when feasible.
Otography ATL may omit, blur, or remove property addresses, MLS numbers, and identifying details in promotional content when appropriate.
8. Third-Party Platforms & MLS Disclaimer
Client acknowledges that third-party platforms (including MLS systems, brokerage websites, Zillow, Realtor.com, social media, and website providers) may apply their own rules, compression, formatting, or terms of use.
Otography ATL is not responsible for:
platform image compression, cropping, color shifts, or display differences,
content re-uploaded by third parties,
MLS rule violations caused by Client’s use of Content.
Client is solely responsible for ensuring their use complies with MLS and brokerage rules.
9. Drone Services & Safety
Drone services are subject to:
FAA regulations,
weather conditions,
airspace restrictions,
local safety considerations.
Otography ATL reserves the right to decline or postpone drone flights if unsafe or restricted. If drone service cannot be completed due to restrictions or safety, Client may be offered an alternative (such as elevated exterior shots), rescheduling, or a partial refund for the drone portion at Otography ATL’s discretion.
10. Floor Plans, 3D Tours & Measurements Disclaimer
Any floor plans, measurements, square footage estimates, or 3D tour dimensions are approximate and for marketing purposes only. Otography ATL does not guarantee accuracy. Client should verify with an independent source if precision is required.
11. Intellectual Property, Logos & Branding
Otography ATL retains all rights to its branding, logos, website content, and service materials. Clients may not use Otography ATL’s trademarks or branding without permission.
12. Limitation of Liability
To the fullest extent permitted by law, Otography ATL shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost sales, or business interruption.
Otography ATL’s total liability for any claim related to Services or Content shall not exceed the amount paid for the specific Service giving rise to the claim.
13. Indemnification
Client agrees to indemnify and hold harmless Otography ATL, its owners, employees, contractors, and affiliates from any claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from:
Client’s use of the Content,
Client’s violation of these Terms,
Client’s failure to obtain homeowner/tenant/HOA permissions,
Client’s violation of MLS, brokerage, or advertising rules.
14. Privacy & Communications (SMS/MMS)
By providing your mobile number and opting in, you consent to receive SMS and MMS messages related to booking confirmations, service updates, and promotional offers. Message frequency varies. Message and data rates may apply.
You may opt out at any time by replying STOP. For assistance, reply HELP.
Otography ATL does not sell or share your number with unaffiliated third parties for their marketing purposes without your consent.
15. Force Majeure
Otography ATL is not liable for delays or failure to perform due to events beyond reasonable control, including severe weather, natural disasters, power outages, internet outages, government restrictions, FAA restrictions, illness, or emergencies.
16. Updates to Terms
Otography ATL may update these Terms at any time by posting the revised version on our website. Continued use of Services after changes constitutes acceptance of the updated Terms.
17. Governing Law & Venue
These Terms are governed by the laws of the State of Georgia. Any dispute shall be resolved exclusively in the state or federal courts located in Fulton County, Georgia.
18. Contact Information
For questions regarding these Terms, contact us at:
helpdesk@otographyatl.com
Or by mail: 1700 Northside Drive Suite A7 #5792, Atlanta, GA 30318