Bowman Group Media
Appointment Terms of Service & Use
By placing an order with Bowman Group Media, you agree to the Bowman Group Media Terms of Use and the Media Services Product Terms and Conditions Agreement below:
Along with the Terms of Use and Privacy Notice, these Media Services Product Terms govern your purchase and use of our high-definition photography, 3D tours, virtual staging, floor plan images, and other supplementary imagery products, and/or video services (collectively the “Media Services”).
By using the Media Services, you agree to comply with this Agreement. The Agreement takes effect when you schedule your appointment with Bowman Group Media either through our Order Form, by email or by phone, or when you first use the Media Services, whichever is earlier, and will remain in effect during the term of the applicable order or until terminated as specified in the Agreement.
The Media Services
1. Orders and Order Placement. Orders for the Media Services are placed through the Order Form on the Bowman Group Media website or app. You will see “Book Now” to begin the ordering process. Orders may also be placed via email or by phone directly with a staff member. You will be asked to submit information including but not limited to your contact information and property details related to the requested Media Services. To finalize your order, you will select your preferred services and submit your payment for processing after the Media Services have been delivered. Downloading of your Media Services will be locked until payment is received, or unless otherwise agreed upon.
2. Order Confirmation. After you’ve completed the Order placement process, you will receive an appointment confirmation email including the details for your scheduled appointment as well as guidance on how to cancel or reschedule your appointment, as applicable.
3. Cancellation and/or Rescheduling Fees. All confirmed appointments are subject to a $75 cancellation fee within 48 hours of appointment, a $150 cancellation fee within 24 hours of appointment, and a $250.00 cancellation fee within 1 hour of appointment (time-of appointment). In the event of a same day cancellation, if our photographer arrives at the property specified in your Order, you will also be charged the applicable travel fee included in that order. Additionally, if our photographer travels to the property specified in your Order and is unable to complete the Media Services due to delays or circumstances outside our photographer’s reasonable control, the appointment will be treated as a time-of-appointment cancellation and all fees related to that cancellation will apply.
4. Properties must be photo-ready at the scheduled time. Our team photographs the property as is; any clutter or items left out will appear in the photos. Removal or retouching is available for an additional fee. All vendors (stagers, painters, cleaners, gardeners, etc.) must be off-site during the shoot. We cannot move items, wait for work to finish, or work around others. Non-compliance may result in delays, rescheduling fees, or incomplete coverage.
5. Delivery of Completed Media Services. When your Order is completed, we will send you a media delivery email to the email address provided to us in your Order. The email will include a link to a media Download Center. From this page, you can download Media (in both full resolution or MLS optimized resolution).
6. Photoshopping Requests and Square Footage Price Adjustments. Photoshopping requests outside the scope of the agreed-upon Media Services are subject to the Agreement and applicable fees, dependent upon the scope of the photoshopping request. Additionally, in the event the square footage of a property is incorrectly recorded in your Order, you acknowledge and agree we may adjust the final charge(s) for the Media Services to reflect the actual square footage. The actual square footage will be determined by our photography operations team.
7. Ownership of the Media Services. All of our photo, video and supplementary products (“products”) come with a single-user license agreement held and shared with the purchaser of the products (“purchaser”) and Bowman Group Media. All products purchased by purchaser may be used in any desired manner by the purchaser and/or the purchaser’s brokerage to promote and market the listing for sale, lease or rent, online, social media or in print. The purchaser has exclusive rights of use to products while the listing is active. Once the listing is canceled, expires, or sold, the single- user license expires. The purchaser may continue to use the products for their personal/brand marketing use. Licensing rights to products do not transfer to the purchaser until payment for the product is received in full. The purchaser may not sell the products to any other party at any time unless with expressed written consent by Bowman Group Media.
The Purchaser shares licensing rights of products with Bowman Group Media. Bowman Group Media may use all products in any form for marketing purposes with no restrictions. Once the purchaser’s user license expires as described above, Bowman Group Media may assign a user license for the Media Services to other parties for a fee at our discretion without any limitations. The purchaser agrees to these licensing terms upon confirmation of order.
8. Our Use of the Media Services: We may display, distribute, and otherwise use the Media Services without restriction, including, without limitation, distribution to social media and other real estate websites.
9. Terms Specific to Drone Media. To comply with our obligations pursuant to applicable FAA laws, including but not limited to FAA No Fly Zones, we may cancel a Drone Media product at any time. We will not be liable to you for such cancellation and will provide advanced notice to you of such cancellation, if possible.
10. Permissions and Consents. You acknowledge and agree you have all necessary permissions and consents from your clients, as well as any applicable third parties, as it relates to the Media Services, including but not limited to the purchase and performance of the Media Services by our photographers at the location provided on the Order.
11. Marketing Materials and Agent Templates. Marketing materials and templates provided in the Media Services are designed for general use. You must ensure that all marketing materials that you create using the Media Services are compliant with state and federal law, including any information or disclosures required under state real estate licensing regulations or Fair Housing laws, as well as any local or multiple listing service rules to which you might be subject.
General Provisions
1. Confidentiality. For the purposes of this Agreement, “Confidential Information” means information about the disclosing party’s business or activities that is proprietary and confidential, including the terms of this Agreement and all business, financial, technical, strategic, and other information of a party, which, by its nature or due to the circumstances surrounding its disclosure, ought in good faith to be treated as confidential. Confidential Information will not include information that (a) is in or enters the public domain without breach of this Agreement, (b) the receiving party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation, (c) was known to the receiving party without confidentiality restrictions at the time of its receipt from the disclosing party, or (d) has been developed by the receiving party without reliance on the Confidential Information. Each party (y) will not use, or disclose to any third party, any Confidential Information disclosed to it by the other party for any purpose except as expressly permitted in this Agreement, and (z) will protect such Confidential Information from disclosure to others, using the same degree of care used to protect its own confidential or proprietary information of like importance, but in any case using no less than a reasonable degree of care. Notwithstanding the foregoing, each party may disclose Confidential Information (i) on a “need-to-know” basis to its officers, directors, employees, agents, contractors, consultants, legal counsel, accountants, banks, and other financing sources and their advisors, and (ii) if required to be disclosed by law or judicial or other proceeding, provided that the receiving party notifies the disclosing party of such disclosure and affords the disclosing party a reasonable opportunity to seek protective legal treatment of such Confidential Information.
2. Term. Each Order commences on the date you place your order. If you request photoshopping services and/or supplemental products subsequent to your receipt of the media delivery email, a new Order may be created and/or additional charges may apply, but will continue to be linked to the same listing from the original Order.