The following terms and conditions (the "Terms") govern the photography shoots conducted by Spooner Creative, LLC (the "Photographer") for clients (the "Client") and their respective clients. By booking a photography shoot, the Client agrees to be bound by these Terms.
1. Booking and Cancellation
a. The Client shall provide a minimum notice of 24 hours prior to canceling or rescheduling a photography shoot. Cancellations made with less than 24 hours’ notice may be subject to a cancellation fee of up to 50% of the total shoot cost, determined at the Photographer’s discretion.
b. The Photographer shall make reasonable efforts to accommodate rescheduling requests, subject to availability.
2. Shoot Preparation
c. The Client agrees to ensure that the home is in a “shoot ready” condition at the scheduled start time of the shoot. “Shoot ready” refers to the checklist provided by the Photographer, outlining the necessary preparations for the home to be photographed effectively, which can be viewed at: https://www.joshuaspooner.com/blog/how-to-prepare-your-listing and in your confirmation email.
d. If the home is on a lockbox and the Client is not present during the photography shoot, the Photographer will open blinds, turn on lights, and move small objects if they distract from the photo, but will otherwise shoot the property as is.
e. Please note that the Photographer is NOT a staging or cleaning company. The Client is responsible for achieving the desired level of cleanliness and organization of the property.
3. Arrival Times
f. Due to the traveling nature of the job, arrival times provided by the Photographer are estimated. The Photographer may arrive up to 15 minutes late and will notify the Client in advance of any delay.
g. If the Client or their representative is not present or accessible at the shoot location and the Photographer has not received any communication from the Client within 20 minutes of the Photographer’s arrival, the shoot may be considered a no-show. In such cases, the Photographer reserves the right to leave and reschedule the shoot, which will be subject to a rescheduling fee of up to 50% of the total shoot cost.
4. Pricing and Billing
h. The quote provided by the Photographer for each shoot is based on the number of photos delivered and the estimated time required to complete the shoot. However, if the actual shoot duration exceeds the estimated time, the quote is subject to adjustment (e.g., if a small shoot extends beyond 2 hours, it will be billed at the medium shoot price).
i. Invoices shall have a grace period of 30 days from the date they are sent. In the event that an invoice remains unpaid beyond this grace period, a late fee of $50 will be added to the invoice. An additional $50 late fee will be applied for every subsequent 30-day period the invoice remains unpaid.
5. Media Rights and Deliverables
j. Joshua Spooner Photography / Spooner Creative, LLC retains the right to use all content produced during a shoot — including photographs, video footage, and any other media — in its portfolio, marketing materials, website, and social media channels. The Client’s booking of a shoot constitutes consent to this use.
k. The cost of a photography or video shoot does not include raw (unedited) photo or video files. Only final, edited deliverables will be provided to the Client unless a separate agreement for raw files has been made in writing prior to the shoot.
l. Exclusive use rights may be granted to the Client, waiving Spooner Creative, LLC’s right to use the content in its portfolio and marketing materials. Exclusivity must be explicitly requested and agreed upon in writing prior to the shoot, and is subject to an additional licensing fee to be determined and confirmed in writing before the shoot date.
6. 3D Matterport Tour Hosting
m. The cost of a 3D Matterport tour includes six (6) months of hosting from the date the tour is published. After this period, the tour will be deactivated unless an alternative arrangement is made.
n. If the Client wishes to extend hosting beyond the initial 6-month period, or to reactivate a tour that has been deactivated, an additional hosting fee will apply. Pricing will be provided upon request.
o. For Clients who wish to keep their Matterport tour active indefinitely, it is recommended that the Client create their own Matterport account. Upon request, Spooner Creative, LLC will transfer the tour to the Client’s account at no additional charge. The Client will then be responsible for all ongoing hosting fees charged directly by Matterport.
7. Intellectual Property
p. All photographs, videos, and other media produced by Spooner Creative, LLC remain the exclusive copyrighted property of Spooner Creative, LLC at all times. The Client is granted a limited, non-exclusive license to use the delivered media for its intended purpose upon receipt of payment in full. No usage rights are transferred until the invoice is paid in full.
q. The Client shall not apply heavy filters, distorting crops, or alterations that materially misrepresent the Photographer’s work. Minor adjustments for platform formatting (e.g., resizing for MLS uploads) are permitted. Any significant editing or compositing must be approved in writing by the Photographer.
8. Drone Services
r. All drone operations are conducted by a licensed FAA Part 107 remote pilot in compliance with applicable federal, state, and local regulations. The Photographer reserves the right to cancel or postpone drone services at any time if conditions are deemed unsafe or if airspace restrictions, NOTAMs, TFRs, or other regulatory constraints prohibit flight. Such cancellations will not be subject to a cancellation fee.
s. Weather conditions including high winds, rain, heavy overcast, or poor visibility may prevent drone operations. The Photographer will make reasonable efforts to reschedule drone services at no additional charge if weather prevents the shoot. However, if ground photography is completed and only drone services are affected, only the drone portion of the shoot will be rescheduled.
t. The Client is responsible for ensuring that the property and surrounding area are clear of obstructions, people, and hazards during drone operations. The Photographer shall not be held liable for any interference caused by third parties, neighboring properties, or unforeseen airspace restrictions that prevent completion of drone services.
9. Delivery and Revisions
u. Delivery turnaround times provided by the Photographer are estimated and not guaranteed. The Photographer will make reasonable efforts to meet stated timelines but shall not be held liable for delays caused by circumstances beyond their control.
v. Each shoot includes up to two (2) rounds of reasonable revision requests at no additional charge. Revisions must be submitted within 7 days of delivery. Requests that fall outside the scope of reasonable adjustments — including heavy retouching, significant object removal or addition, or extensive Photoshop work — are considered heavy edits and are subject to additional fees, which will be quoted prior to execution.
w. Once the Client has approved the final delivered media or the revision window has closed, additional re-edits or re-shoots are not included and will be billed separately.
10. Agreement Termination
x. Either party may terminate the agreement by providing written notice to the other party. However, any outstanding obligations and fees incurred before termination shall remain payable.
11. Liability
y. The Photographer shall not be held liable for any damage to the property or personal injury that occurs during the photography shoot.
z. The Client shall indemnify and hold the Photographer harmless from any claims, losses, damages, liabilities, and expenses arising out of or related to the photography shoot.
12. Governing Law and Jurisdiction
aa. These Terms shall be governed by and construed in accordance with the laws of the State of California.
ab. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of California
.By booking a photography shoot, the Client acknowledges that they have read, understood, and agreed to comply with these Terms and Conditions.