Terms of service.

Terms of Service

These Terms of Service (the "Agreement") govern the provision of real estate media services provided by Welkin Visuals (the "Company") to the Client ("Client"). By using any services provided by the Company, the Client agrees to be bound by the following terms and conditions. These terms apply to all current and future services provided by the Company unless otherwise modified in writing.

1. Scope of Services

The Company provides real estate media services, including but not limited to:

  • Photography

  • Photo editing

  • Videography

  • Drone services (FAA Part 107 certified)

  • Video editing

  • 3D virtual tours using Matterport or Zillow

  • Virtual staging

Services may be further defined in Statements of Work (SOW) or project descriptions provided to the Client for each individual project.

2. Property Readiness

The Client is responsible for ensuring the property is prepared and photo-ready at the scheduled service time. The Company may move small items to improve presentation; however, moving large, heavy, or unsafe items (e.g., furniture, construction materials, pool covers, debris) is outside the scope of services.

  • If such items must be moved in order to complete the shoot, an additional fee of $150.00 may apply.

  • If a property is not ready upon arrival, the Company reserves the right to reschedule and charge a reshoot fee.

3. Usage Rights

3.1 The Company grants the Client a non-transferable, revocable license to use the media assets (the “Deliverables”) solely for marketing and promoting the specific real estate listing for which they were created.

3.2 The Client’s license is limited to the Client’s own real estate business and may not be sublicensed, assigned, or transferred without the Company’s written consent.

3.3 Deliverables may be used on MLS platforms, real estate websites, social media, print, and owned advertising until the sale of the property. After the sale, the license terminates.

3.4 Clients may use Deliverables in their personal portfolios but may not reuse them for future property marketing or transfer them to third parties.

3.5 Unauthorized use of Deliverables is prohibited and may result in legal action.

4. Ownership

All Deliverables remain the sole property of the Company. No ownership rights are transferred to the Client.

5. Non-Exclusivity

This Agreement does not establish an exclusive relationship. The Company may provide services to other clients.

6. Communication

  • Email: hello@welkinvisuals.com

  • Phone: 1-530-401-7114 or 1-530-320-4844
    Office hours: Monday–Friday, 9 a.m. to 5 p.m. PST. The Company will respond within 48 hours during business hours.

7. Payment Terms

7.1 A non-refundable 50% deposit is due at the time of booking. The remaining balance is due upon completion of services and prior to delivery of Deliverables.

7.2 Payments are processed via Stripe or the Spiro media delivery platform.

7.3 Late payments may incur a 5% weekly fee. The Company reserves the right to withhold delivery until full payment is received.

7.4 Due to the creative nature of services, no refunds will be issued.

8. Cancellation & Rescheduling

8.1 Cancellations made at least 48 hours before the scheduled service will result in forfeiture of 50% of the deposit.

8.2 Cancellations made within 48 hours will incur a $100 cancellation fee or forfeiture of deposit, whichever is greater.

8.3 Clients may reschedule once without penalty if at least 24 hours’ notice is given. Additional reschedules may incur a fee.

9. Indemnification

9.1 The Company indemnifies the Client against third-party claims related to copyright or trademark infringement in the Deliverables, limited to the amount paid by the Client.

9.2 The Client indemnifies the Company against claims resulting from the Client’s misuse of Deliverables, violations of FTC regulations, or misrepresentation of property features.

10. Liability & Insurance

The Company carries $1M liability insurance for bodily injury and property damage directly related to services provided. Liability is limited to the amount paid by the Client under this Agreement. The Company is not responsible for indirect, incidental, or consequential damages.

11. Term & Termination

This Agreement remains in effect indefinitely unless terminated by either party with 30 days’ written notice. Terms apply to all current and future projects unless otherwise agreed in writing.

12. Force Majeure

Neither party is liable for delays caused by events beyond their control, including but not limited to severe weather, illness, equipment failure, natural disasters, strikes, or government restrictions. Services will be rescheduled at the earliest availability.

13. Confidentiality

Both parties agree to maintain confidentiality of proprietary or sensitive information disclosed during the engagement. This obligation survives for two (2) years after termination.

14. Governing Law & Venue

This Agreement is governed by California law. Any disputes shall be resolved exclusively in state or federal courts in Placer County, California.

15. Modifications to Terms

The Company reserves the right to update or modify these Terms of Service at any time. Clients will be required to review and accept the current Terms of Service each time they place an order. The most recent version of the Terms of Service will apply to all services ordered.

16. Acceptance of Terms

By engaging or using services from Welkin Visuals, the Client acknowledges and agrees to these Terms of Service.

17. Miscellaneous

  • Severability: If any provision is unenforceable, the remainder shall remain in effect.

  • Entire Agreement: This Agreement supersedes all prior agreements, written or oral.

  • Independent Contractor: The Company is an independent contractor, not an employee, partner, or joint venture.

  • Non-Disparagement: The Client agrees not to make derogatory or disparaging statements about the Company during or after termination.