Code of Ethics
1. The Principle of Integrity
We believe a photograph should be a truthful reflection of a property’s current state. While we aim to showcase a home in its best light, we will never use digital manipulation to deceive potential buyers.
2. Physical & Structural Accuracy
We commit to representing the physical space as it exists.
• No Permanent Alteration: We will not digitally remove permanent fixtures such as power lines, water towers, neighboring houses, or structural damage.
• Standard Enhancements: We limit edits to "corrective" measures, such as color balancing and brightness adjustment.
3. Spatial Honesty
We utilize professional equipment to capture the entirety of a room, but we reject "extreme" wide-angle distortion. We strive to maintain realistic proportions so that rooms do not appear significantly larger in photos than they are in person.
4. Client-Requested Alterations & Distortions
• Labeling Requirement: If a client requests digitally altered content (such as virtual staging or virtual renovations), these images must be clearly labeled as "Digitally Staged", "Digitally Altered" or "Artist’s Rendering" to maintain transparency.
• Liability for Distortion: We strongly advise against extreme spatial distortion that misrepresents the size of a property. If a client insists on the use of ultra-wide focal lengths or techniques that create such distortion, we are not responsible for any claims of misrepresentation or buyer dissatisfaction regarding the perceived scale of the home.
5. Professional Conduct
We treat every property with respect, ensuring privacy and leaving the home exactly as we found it.
Terms of Service
Terms of Service & Licensing Agreement
1. Scope of Agreement
This Agreement applies to all photographs, graphics, digital assets, and visual media (“Photos”) created by Vantage Tours Real Estate Photography (“Vantage Tours”). This Agreement constitutes the entire understanding between the parties. No email, text message, verbal discussion, or other communication shall modify this Agreement unless expressly agreed to in writing and signed by both parties.
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2. Copyright & Ownership
All Photos and all associated rights—including copyright and ownership in all media—remain the sole and exclusive property of Vantage Tours. Nothing in this Agreement constitutes a transfer of copyright or a “work made for hire” under 17 U.S.C. § 101 or § 106.
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3. License Grant & Permitted Use
Upon full payment, Vantage Tours grants the Client a limited, non-exclusive, non-transferable license to:
• Reproduce, publicly display, and distribute the Photos
• Solely for marketing and advertising purposes directly related to the sale of the scheduled property and the promotion of the listing agent
Any use beyond this scope—including but not limited to reuse for future listings, branding, print collateral, builder marketing, resale, or commercial reuse—requires prior written permission and additional licensing fees.
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4. MLS Usage
Photos may be uploaded to MLS platforms solely for the purpose of marketing the listed property during the active listing period.
Notwithstanding any MLS terms, this Agreement does not grant any right to transfer copyright or exclusive rights under U.S. Copyright Law.
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5. Copyright Management Information (CMI)
Photos may contain copyright notices or embedded metadata at Vantage Tours’ discretion. Removal, alteration, or suppression of such information is strictly prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA). The Client shall be liable for all statutory damages, penalties, and legal costs arising from such violations.
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6. License Term
Unless otherwise stated in writing, the license terminates upon the earlier of:
• One (1) year from delivery of the Photos, or
• Termination of the Client’s representation of the property
Continued use beyond the license term requires written approval and additional fees.
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7. Independent Contractor Relationship
Vantage Tours operates as an independent contractor. No partnership, agency, joint venture, or employment relationship is created by this Agreement. The Client has no right to control the manner or means of performance.
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8. Creative Discretion
The artistic style, shooting methodology, and production workflow are at the sole discretion of Vantage Tours. Reasonable efforts will be made to meet the Client’s stated specifications, but creative judgment remains exclusively with Vantage Tours.
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9. Delivery & Quality Review
Photos are delivered in JPEG format at a resolution deemed appropriate for the licensed use.
The Client must review deliverables and report any technical defects within five (5) business days. Vantage Tours’ sole obligation is replacement of defective files. No liability exists for reproduction issues, delays, or consequential damages.
Vantage Tours has no obligation to archive or retain delivered Photos.
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10. Fees & Payment
• Payment is due within ten (10) business days of delivery
• Payment is required regardless of whether the Photos are used
• If unpaid after thirty (30) days, all licenses and permissions may be revoked
Upon revocation, the Client must remove and permanently destroy all copies within ten (10) days and provide written confirmation.
Late payments may incur a 5% finance charge per 30-day period.
Unauthorized retention or use constitutes copyright infringement and may result in legal action.
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11. Cancellation
Cancellations within 12 hours of the scheduled appointment may be charged 100% of the scheduled shoot fee.
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12. No Exclusivity
This Agreement is non-exclusive. Both parties may engage others for similar services.
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13. Transfer & Assignment
The Client may not assign, transfer, sublicense, or distribute the Photos to third parties, including but not limited to other agents, teams, builders, stagers, contractors, or vendors.
Homeowners may retain copies for strictly personal, non-commercial use only.
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14. Indemnification
The Client agrees to defend, indemnify, and hold harmless Vantage Tours from all claims, damages, costs, and legal expenses arising from:
• Client-directed use of the Photos
• Materials provided by the Client
• Failure to obtain required property or model releases
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15. AI, Altered, and Virtually Staged Content
No Guarantee of Authenticity
Vantage Tours makes no representations regarding the factual accuracy, authenticity, or originality of content provided by or altered at the direction of the Client.
Client Responsibility
The Client is solely responsible for identifying, disclosing, and complying with all laws regarding:
• Digitally altered imagery
• AI-generated or AI-enhanced content
• Virtual staging or material modifications
This includes compliance with California real estate disclosure laws and platform policies.
Disclosure Obligations
The Client is responsible for:
• Required disclosures
• Providing original imagery when legally required
• Proper placement of disclosures on listings and advertisements
Vantage Tours has no obligation to monitor or enforce disclosure compliance after delivery.
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16. Use of AI Tools
Vantage Tours may use standard industry software, including AI-assisted tools, for efficiency or enhancement. Such use does not imply factual verification or transfer of legal responsibility.
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17. No Legal Advice
Nothing provided by Vantage Tours constitutes legal or regulatory advice. Clients are responsible for consulting legal counsel regarding compliance obligations.
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18. Limitation of Liability
Under no circumstances shall Vantage Tours’ total liability exceed the amount paid by the Client for the specific services rendered.
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19. Governing Law & Venue
This Agreement is governed by the laws of the State of North Carolina.
All disputes shall be brought exclusively in courts located in Guilford County, North Carolina. The prevailing party is entitled to recover reasonable attorneys’ fees.
Mediation or binding arbitration may be initiated by either party if disputes cannot be resolved informally.
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20. Severability & Waiver
If any provision is found unenforceable, the remaining provisions remain in full force. No waiver is effective unless in writing.
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21. Acceptance
This Agreement is final and binding upon the listing agent or brokerage that schedules services and agrees to these terms online.
22. Video Content Terms
a. Definition of Video Content
“Video Content” includes, but is not limited to:
• Property walkthrough videos
• Cinematic listing videos
• Vertical videos, reels, shorts, and social media clips
• Drone video footage
• Promotional or branded real estate videos
• Any motion-based media created by Vantage Tours Real Estate Photography
Video Content is considered a protected deliverable under this Agreement, separate from still photography.
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b. Ownership & Copyright
All Video Content, including raw footage and edited deliverables, remains the sole and exclusive property of Vantage Tours Real Estate Photography.
No Video Content shall be considered a “work made for hire.”
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c. Video License Grant
Upon full payment, the Client is granted a limited, non-exclusive, non-transferable license to use the delivered Video Content solely for:
• Marketing and advertising the scheduled property
• Promoting the listing agent in connection with that property
Any reuse beyond the active listing (including future listings, branding, paid ads unrelated to the property, or business promotion) requires written approval and additional licensing fees.
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d. Platform & Social Media Use
Video Content may be published on:
• MLS platforms (where permitted)
• Realtor websites
• Social media platforms (Instagram, YouTube, TikTok, Facebook, etc.)
All usage must remain directly tied to the promotion of the listed property and agent.
Transfer, resale, or reuse by third parties is prohibited.
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e. Raw Footage
Unless expressly stated in writing, raw video footage is not included and is not licensed to the Client.
If raw footage is licensed, it is subject to separate pricing and usage restrictions.
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f. Editing & Creative Control
All creative decisions related to:
• Shot selection
• Music
• Color grading
• Editing style
• Pacing and transitions
are at the sole discretion of Vantage Tours Real Estate Photography.
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g. Music & Audio
Any licensed music or audio used is cleared only for the delivered Video Content and intended platforms.
The Client is responsible for compliance if Video Content is reused, reposted, or repurposed beyond the licensed scope.
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h. AI, Altered, or Enhanced Video
All provisions related to AI, virtual staging, altered imagery, and disclosure obligations apply equally to Video Content, including:
• AI-generated enhancements
• Digitally modified scenes
• Removed or added visual elements
The Client bears full responsibility for disclosures and legal compliance.
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i. Revocation for Non-Payment
If payment terms are violated, all licenses for Video Content may be revoked, and the Client must remove all published videos and destroy all copies within ten (10) days.