TERMS & CONDITIONS

1. Company Information

Mitten Real Estate Media is owned and operated by Mitten Drone Media LLC (“Company,” “we,” “us,” or “our”).

Mitten Drone Media LLC operates under the following DBAs, which are divisions of the same legal entity and governed by these Terms:

  • Mitten Real Estate Media

  • Mitten Photos

Websites include: mittenphotos.com, mittenrealestatemedia.com, mittenphotography.com, mittendrone.com, and mittendronemedia.com.

2. Services

The Company provides professional photography, video production, aerial/drone services, floor plans, and related media (“Work”) for purposes including but not limited to:

  • Real estate and rental marketing

  • Commercial advertising

  • Construction, inspections, and mapping

  • Events, entertainment, stock imagery, and social media

3. Client Responsibilities

Property Readiness

The Client is responsible for ensuring the property is camera-ready at the start of the scheduled arrival window, including cleaning and staging. If the property is not ready upon arrival, the Work will be completed as-is, with no refunds or reshoots.

Creative Direction

Client input must be provided before or at the start of the shoot or included in order notes. Absent direction, the Photographer will exercise professional judgment.

Order Accuracy

The Client is responsible for providing accurate order details. The Company reserves the right to correct errors and adjust pricing to reflect actual deliverables. Commercial and multi-unit properties require a custom quote.

4. Scheduling, Cancellations & Weather

  • Cancellations more than 12 hours prior: no fee

  • Cancellations within 12 hours: $100 fee

  • Weather-related delays (including drone restrictions): rescheduled at no charge

  • Client-requested split shoots or return trips (non-weather): $125 per additional trip

5. Payment Terms

  • Payment is due prior to media download access

  • Accounts over 45 days past due may be suspended

  • Accounts over 90 days past due may be sent to collections

  • A 3% credit card processing fee applies (waived for cash or check)

6. Service Area & Travel Fees

Service radius: 60 miles from Mitten Real Estate Media Office Location

  • 0–60 miles: No fee

  • 61–90 miles: $75

  • 91–150 miles: $200 (approval required)

  • 151–200 miles: $400 (approval required)

7. Delivery & Hosting

Delivery Times

  • Within 24 hours: Photography, drone photos, floor plans, twilight edits, Zillow 3D

  • Within 48 hours: Video and social media reels

Hosting

Media hosting is guaranteed for one (1) year from the shoot date. RAW files may be stored up to 30 days following scheduled appointment day.

8. Ownership & Copyright

All Work remains the exclusive property of Mitten Drone Media LLC and is protected under U.S. Copyright Law (17 U.S.C. §101 et seq.). No ownership rights transfer to the Client.

RAW files are never released.

9. Client License (Real Estate & Commercial Use)

Upon full payment, the Client is granted a limited, non-exclusive, non-transferable license to use the delivered Work solely for:

  • Marketing the subject property

  • Promoting the Client’s real estate or related business

MLS and listing platforms may display the Work only while the listing is active with the paying Client.

Unless otherwise stated in writing, the license expires upon:

  • Termination of the Client’s representation of the property, or

  • One (1) year from delivery, whichever occurs first

Any other use requires a separate written license.

10. Short-Term Rental License

For short-term rental properties, the paying property owner may use the Work to advertise the rental on platforms such as Airbnb, VRBO, or Booking.com only while the property is actively listed.

This license terminates when the listing ends or ownership changes.

11. Restrictions

The Work may not be:

  • Sold, sublicensed, transferred, or redistributed

  • Used for merchandising or standalone resale

  • Altered, filtered, or edited without written permission

  • Used after license suspension or expiration

Removal or alteration of copyright metadata or CMI is prohibited under the DMCA.

12. License Suspension & Infringement

Failure to pay invoices or unauthorized use or modification of the Work results in immediate license termination. Continued use constitutes copyright infringement and may result in statutory damages, attorneys’ fees, and injunctive relief.

13. Releases & Clearances

The Client represents that all necessary permissions, property rights, and releases have been obtained. The Client waives privacy claims and agrees to indemnify the Company for any failure to secure proper authorization.

14. Compliance with Advertising Standards & Local Laws

Company provides professional image editing services at the specific direction of the Client. The Client acknowledges that various jurisdictions, Multiple Listing Services (MLS), and regulatory bodies have specific and evolving rules regarding the disclosure of "digitally altered" images. It is the sole responsibility of the Client to determine if the provided images require disclosure under local laws, professional codes of ethics, or MLS guidelines.

By accepting and using these images, the Client assumes all liability for the proper disclosure and representation of the property in all marketing materials and agrees to hold Company harmless from any fines, legal actions, or disciplinary measures resulting from the use or publication of these images.

15. Portfolio & Promotional Use

Mitten Drone Media LLC may use the Work for portfolios, advertising, contests, editorial use, and self-promotion without compensation.

16. Indemnification

The Client agrees to indemnify and hold harmless Mitten Drone Media LLC from all claims, damages, losses, and legal fees arising from misuse of the Work or breach of these Terms.

17. Limitation of Liability

To the fullest extent permitted by law, the Company’s total liability shall not exceed the amount paid by the Client, or $100, whichever is less. The Company is not liable for indirect, incidental, or consequential damages.

18. Arbitration & Governing Law

All disputes shall be resolved by binding arbitration in Grand Rapids, Michigan, under the rules of the American Arbitration Association.

These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles.

19. Website Use & Disclaimers

Materials are provided “as is.” The Company disclaims all warranties, including merchantability and fitness for a particular purpose. Website use must be lawful and non-commercial.

20. Modifications & Termination

The Company may modify these Terms at any time. Continued use constitutes acceptance. Services may be refused or terminated at the Company’s discretion.

21. Severability & Waiver

If any provision is found unenforceable, the remainder remains in effect. No waiver is valid unless in writing.