Captivly Media Terms & Conditions
Last Updated: September 21, 2026
These Terms and Conditions (“Terms”) apply to photography, videography, drone imagery, virtual tours, floor plans, virtual staging, editing, and other media or creative services (“Services”) provided by Captivly, LLC, doing business as Captivly Media and/or Captivly Real Estate Photography (“Captivly”).
By scheduling Services, submitting an order, approving an appointment, accepting delivered media, or otherwise engaging Captivly, the client (“Client”) agrees to these Terms.
1. Property Readiness
The property must be clean, staged, accessible, and camera-ready before the photographer’s scheduled arrival window.
Client is responsible for ensuring that occupants, homeowners, tenants, agents, contractors, pets, vehicles, personal belongings, and other items are appropriately managed before the appointment.
Captivly photographers may make minor adjustments when reasonable, such as turning lights on or off, adjusting blinds, closing toilet lids, or making small visual corrections. Photographers are not responsible for cleaning, moving furniture, removing substantial clutter, making beds, performing landscaping, moving personal belongings, or otherwise preparing the property.
If the property is not ready when the photographer arrives, Captivly may photograph the property as-is. Additional editing, object removal, return visits, or reshoots resulting from property readiness issues may incur additional charges.
For best results, Clients are encouraged to provide Captivly’s property preparation checklist to the homeowner or occupant before the appointment.
2. Photography and Creative Judgment
Captivly welcomes reasonable Client input regarding important property features or requested photographs.
Requests should be communicated before the appointment, included in the order notes, or discussed with the photographer at the beginning of the appointment.
Unless specific instructions are provided, Captivly and its photographers will use their professional judgment regarding composition, camera angles, lighting, image selection, number of photographs, drone perspectives, video sequences, and other creative decisions.
A request made after completion of the appointment for an angle, room, feature, or perspective that was not previously identified does not automatically constitute an error requiring a complimentary reshoot.
3. Property Access and Safety
Client is responsible for providing Captivly with safe and legal access to the property at the scheduled appointment time, including any necessary access codes, lockbox information, gate instructions, parking instructions, permissions, or occupant coordination.
Captivly personnel are not required to enter or remain in any environment reasonably believed to be unsafe.
This may include, without limitation:
Aggressive or unsecured animals
Hazardous construction conditions
Unsafe structures
Illegal activity
Dangerous weather
Environmental hazards
Threatening or inappropriate behavior
If Services cannot reasonably be completed because the property is inaccessible or unsafe, the appointment may be treated as a cancellation or reschedule.
Client is responsible for securing pets before Captivly personnel enter the property.
4. Order Information and Pricing
Client is responsible for providing accurate property and order information when scheduling Services.
This includes, as applicable:
Property address
Square footage
Property type
Acreage
Number of units
Requested services
Access information
Special requests
Relevant property conditions
Captivly reserves the right to correct inaccurate order information and adjust pricing to reflect the property and Services actually provided.
For example, if a property is ordered using an incorrect square footage or property classification, Captivly may update the order and invoice accordingly.
Additional work requested during or after an appointment may also result in additional charges.
5. Scheduling, Rescheduling and Cancellation
Captivly reserves appointment times specifically for each Client and property.
Appointments canceled or rescheduled within 24 hours of the scheduled appointment time may be subject to a $50 cancellation/rescheduling fee.
No-show appointments, inaccessible properties, denied access, or appointments that cannot be completed because the property was not reasonably prepared may also be subject to a trip, cancellation, or rescheduling fee.
Captivly may waive these charges at its discretion when circumstances reasonably warrant doing so.
6. Weather
Weather conditions may affect exterior photography, drone operations, twilight photography, and other outdoor Services.
Captivly determines whether conditions are appropriate and safe for photography and drone operations.
Conditions including rain, snow, high winds, lightning, poor visibility, unsafe temperatures, airspace restrictions, or other circumstances may require a portion or all of an appointment to be rescheduled.
When Captivly determines that an appointment cannot reasonably be completed because of weather or operational safety, applicable cancellation or rescheduling charges will generally be waived.
When interior Services can still be completed, Captivly may complete the interior portion of the appointment and schedule exterior or drone Services separately.
7. Drone Services
Drone photography and video are subject to weather, airspace restrictions, FAA requirements, temporary flight restrictions, property conditions, equipment limitations, safety considerations, and other circumstances outside Captivly’s control.
Ordering drone Services does not guarantee that a flight can legally or safely occur at the originally scheduled appointment.
If drone Services cannot be performed, Captivly may reschedule the drone portion, modify the Service, issue an applicable credit, or remove that portion of the order as appropriate.
8. Delivery and Turnaround Times
Captivly makes reasonable efforts to deliver media within its advertised or communicated turnaround times.
Turnaround times are estimates unless Captivly expressly agrees in writing to a guaranteed deadline.
Delivery may occasionally be delayed because of factors including unusually large projects, technical problems, weather, internet or hosting outages, equipment failure, editing requirements, holidays, or circumstances beyond Captivly’s reasonable control.
Captivly is not responsible for Client losses arising solely from a reasonable delivery delay.
9. Revisions and Reshoots
If Client believes delivered media contains an error attributable to Captivly, Client should notify Captivly within 7 days of delivery.
Captivly will determine an appropriate remedy, which may include editing, replacement media, a partial reshoot, or other corrective action.
Complimentary revisions or reshoots generally do not apply to:
Property conditions existing at the time of the appointment
Clutter or personal property
Weather conditions
Homeowner or occupant decisions
Requested angles or features not communicated before photography
Changes made to the property after the appointment
Client preference changes after delivery
MLS or advertising requirements not communicated to Captivly
Normal differences in artistic or creative preference
Additional editing or reshoots may be purchased when available.
10. Virtual Staging, Object Removal and Digital Alteration
Media may be digitally enhanced, virtually staged, retouched, altered, decluttered, or otherwise modified when those Services are ordered.
Virtually staged or materially altered images should be identified or disclosed where required by the applicable MLS, brokerage, advertising platform, law, regulation, or professional rule.
Client is solely responsible for determining and complying with applicable disclosure requirements.
Captivly is not responsible for claims resulting from Client’s failure to properly disclose virtual staging, digital modification, object removal, or other material alterations.
11. Accuracy and Representation of Property
Captivly provides media for marketing and informational purposes.
Client remains responsible for verifying the accuracy of all representations concerning the property, including dimensions, property condition, boundaries, room descriptions, amenities, square footage, fixtures, improvements, property lines, and other material facts.
Photographs, videos, floor plans, virtual tours, drone imagery, and other media should not be relied upon as surveys, inspections, appraisals, architectural drawings, engineering documents, or guarantees concerning property condition.
Client is responsible for ensuring that its use of the media complies with MLS rules, brokerage policies, advertising requirements, fair housing laws, and other applicable requirements.
12. Payment
Unless otherwise agreed in writing, Client will be invoiced for Services after completion or delivery.
Payment is due according to the due date stated on the invoice.
Usage rights to Captivly media are conditional upon full payment of the applicable invoice.
Captivly may suspend future appointments, ordering privileges, media access, downloads, hosting, or other Services when an account has a past-due balance.
Invoices remaining unpaid beyond the agreed payment period may be subject to applicable late charges disclosed on the invoice or at the time of ordering.
Accounts that remain substantially past due may be referred for collection or other lawful recovery efforts.
Client remains responsible for all undisputed amounts owed for Services performed.
13. Copyright Ownership
Except where Captivly expressly agrees otherwise in writing, Captivly retains all copyrights and ownership rights in media created by Captivly or its photographers, videographers, editors, contractors, or other representatives.
This includes, without limitation:
Photographs
Videos
Drone photographs and video
Virtual tours
Floor plans and related graphics
Edited media
Virtual staging
Animations
Audio
Graphics
Source material
Raw files
Project files
Other creative works produced by Captivly
Payment for Services does not constitute a transfer or assignment of copyright.
Instead, Client receives a license to use the delivered media as described below.
14. Client Usage License
Upon full payment of the applicable invoice, Captivly grants Client a non-exclusive license to use the delivered media for legitimate marketing and promotional purposes associated with Client’s business and the subject property.
This generally includes use in:
Multiple Listing Services (MLS)
Real estate listing websites
Brokerage websites
Client’s website
Social media
Digital advertising
Print advertising
Flyers and brochures
Email marketing
Client portfolio and self-promotion
The license permits Client to provide media to MLS systems, listing portals, brokerages, advertising platforms, and other vendors as reasonably necessary to market the property.
Unless otherwise agreed in writing, the license does not transfer copyright ownership to Client.
15. Third-Party Use and Transfer
Media licensed to one Client may not be sold, sublicensed, transferred, or provided to another agent, brokerage, homeowner, builder, property manager, media company, vendor, or other third party for an unrelated commercial purpose without Captivly’s permission.
For example, if a listing expires, is canceled, or changes listing agents, the subsequent listing agent does not automatically acquire rights to use Captivly’s media merely because the images previously appeared online.
Additional licensing may be available by contacting Captivly.
MLS systems, listing portals, brokerages, and marketing vendors may receive media to the extent reasonably necessary to market the Client’s listing.
16. License Conditional Upon Payment
No final usage license is granted until the associated invoice has been paid in full.
Captivly may revoke or suspend usage rights associated with an unpaid or materially delinquent invoice to the extent permitted by law and these Terms.
Continued commercial use of Captivly media without a valid license may constitute unauthorized use.
Payment of the applicable invoice restores the license unless otherwise agreed in writing.
17. Unauthorized Use
Use of Captivly media outside the scope of the license granted under these Terms requires prior authorization.
Examples may include:
Use by an unrelated third party
Resale of Captivly media
Licensing Captivly media to another business
Commercial use unrelated to the original property or Client
Representing Captivly media as being created by another photographer or company
Providing media to another listing agent for a new listing without authorization
Captivly reserves all rights and remedies available for unauthorized use of its copyrighted work.
18. Captivly Portfolio and Promotional Use
Unless Client requests otherwise in writing before the appointment, Captivly may use media it creates for legitimate business and promotional purposes, including:
Captivly’s website
Social media
Portfolio
Advertising
Demonstration materials
Educational materials
Sales presentations
Industry competitions or awards
Captivly will exercise reasonable discretion concerning media that may involve privacy or security concerns.
19. Raw and Source Files
Unless expressly included in an order or separately agreed in writing, Captivly is not obligated to provide RAW photographs, unedited video, project files, editing files, original 360 files, source graphics, or other working files.
Delivered final media constitutes fulfillment of the applicable media deliverable.
Captivly may retain or delete original files and project files according to its internal storage practices and does not guarantee indefinite archival storage.
20. Property and Privacy Authorization
By ordering Services, Client represents that Client has authority to authorize Captivly to enter and photograph or record the property.
Client is responsible for obtaining any permissions reasonably necessary from the property owner, occupants, tenants, brokerage, association, or other relevant parties.
Client is also responsible for notifying occupants that photography, videography, drone imagery, virtual tours, or other media may be captured and publicly distributed for marketing purposes.
Client should ensure that sensitive, confidential, valuable, identifying, or private items are removed or concealed before Captivly arrives.
21. People Appearing in Media
Unless specifically requested as part of the project, occupants and other individuals should avoid appearing in real estate marketing media.
Client is responsible for obtaining any necessary permissions or releases from individuals Client requests to appear intentionally in photographs or videos.
22. Limitation of Liability
To the fullest extent permitted by applicable law, Captivly’s liability arising from a particular order or Service shall not exceed the amount actually paid to Captivly for the specific Service giving rise to the claim.
Captivly will not be responsible for indirect, incidental, consequential, special, or lost-profit damages arising from Services, delivery delays, media usage, listing performance, MLS actions, third-party platforms, property sales, or Client’s use of delivered media.
Nothing in these Terms is intended to exclude liability that cannot legally be excluded or limited.
23. Indemnification
Client agrees to indemnify and hold harmless Captivly, its owners, employees, contractors, photographers, videographers, editors, agents, and representatives from claims, damages, liabilities, expenses, or losses arising from:
Client’s unauthorized or unlawful use of delivered media;
Client’s violation of these Terms;
Inaccurate information supplied by Client;
Failure to obtain required property, privacy, appearance, or other permissions;
Client’s misuse or misrepresentation of delivered media;
Modifications made to delivered media by Client or a third party; or
Claims resulting from Client’s failure to comply with applicable MLS, advertising, disclosure, or other requirements.
This provision applies only to the extent permitted by applicable law.
24. Third-Party Platforms and Hosting
Captivly may use third-party platforms to host, process, deliver, store, or distribute media.
Captivly is not responsible for temporary outages, changes in functionality, data loss, compression, MLS processing, social-media processing, listing-portal behavior, or other actions controlled by third-party services.
Captivly does not guarantee that third-party platforms will maintain media indefinitely.
25. Force Majeure
Captivly will not be liable for failure or delay caused by circumstances reasonably outside its control, including severe weather, natural disasters, illness, accidents, equipment failure, utility outages, internet outages, government restrictions, airspace restrictions, labor disruptions, emergencies, or similar events.
When practical, Captivly will make reasonable efforts to reschedule or complete affected Services.
26. Changes to These Terms
Captivly may update these Terms from time to time.
The version applicable to an order will generally be the version in effect when the Client places or confirms that order.
Material changes will not retroactively alter completed transactions unless mutually agreed.
27. Entire Agreement
These Terms, together with the Client’s order, invoice, written proposal, service description, and any separately executed agreement, constitute the agreement between Captivly and Client regarding the applicable Services.
If a separately signed written agreement expressly conflicts with these Terms, the separately signed agreement will control with respect to that conflict.
28. Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.
29. Governing Law
These Terms shall be governed by the laws of the State of Ohio, without regard to its conflict-of-law principles.
30. Acceptance
By placing an order, scheduling an appointment, approving Services, accessing or downloading delivered media, or using Captivly media, Client acknowledges that Client has read, understood, and agreed to these Terms.