Terms & Conditions

Mitten Real Estate MEdia is owned and operated by Mitten Drone Media LLC.

The purpose of the Mitten Drone Media LLC (mittenphotos.com, mittenrealestatemedia.com, mittenphotography.com, mittendrone.com or mittendronemedia.com) is to engage in the following activities:

Create photographs, video content, and entertaining content that can be used for a wide range of purposes including but not limited to:

Doing Business As (DBA):

Mitten Drone Media LLC operates under the following DBAs:

Mitten Real Estate Media
Mitten Photos

These entities function as divisions of Mitten Drone Media LLC and adhere to the same terms and conditions outlined herein.

Residential & Commercial Real Estate Bookings

Property Readiness:

The Client (you) is expected to have the property "camera ready" prior to the beginning of the arrival window. This includes all cleaning and furniture staging (if present). We ask that you have your clients review our "Getting Ready Checklist." If the Photographer arrives at the appointment and the home is not ready, the property will be shot "As Is".

I value your feedback and input for choosing the best angles to photograph the property. If you would like to give input, please meet the Photographer at the beginning of the appointment or add notes in the "comments" section of the order. Absent your input, the Photographer will use his/her best judgment and experience to decide which angles will best highlight the property.

Order Details & Accuracy:

The Client is expected to have accurately entered or communicated all pertinent information at the time the order is placed. I reserve the right to update incorrect information and adjust the pricing of the order to accurately reflect the order (ex. The client enters that the property is 1,200 square feet but it is actually 2,400 square feet). My pricing reflects the cost for a single dwelling in a residential household. For commercial or multi-unit properties, please contact the office (231-638-9866) for a personalized quote.

Reschedule/Cancellation Policy:

Confirmed appointments canceled or rescheduled within 24 hours before the appointment start time will not be subject to a rescheduling fee, however you may lose priority scheduling until our next availability. Appointments that cannot be completed due to weather issues (ex. Photographer is unable to fly the drone due to rain/wind, or too heavy of rain to capture exteriors), will be rescheduled after contacting the Realtor and/or Owner.

Payment Terms:

You will be invoiced upon submitting final order. Payment is due upon receipt of media in order to access downloads. If there is a balance on your account that is over 45 days outstanding, Mitten Drone Media LLC will freeze all assets & pause the ordering process until the balance has been paid.After 90 days of non-payment, we will send the account to collections.

A credit card fee of 3% will be applied to all orders. This fee will be waived by making payment via check or cash to “Mitten Real Estate Media.”

Service Area Coverage:

I service a 60-mile driving radius from the office of Mitten Real Estate Media located in Whitehall, Michigan. Appointments with the following ranges will receive trip fees:

0 miles to 60 miles = $0
61 miles to 120 miles = $50

Properties that are 121+ miles driving radius will be reviewed on a case-by-case basis. If approved, the following out of service fees will apply:

121 miles to 180 miles = $100
180+ miles = $300

Hosting:

Mitten Drone Media LLC will guarantee media hosting for one-year from appointment date.

Delivery Times:

Within 24-hrs following scheduled shoot:

HDR Photography
Aerial/Drone Photography
Floor Plans
Twilight Edits
Zillow 3D Tour

Within 48-hrs following scheduled shoot:

Cinematic Walkthrough Video
Social Media Reels

Rights and Usage

Grant of Rights:

You hereby grant to Mitten Drone Media LLC and its affiliates, contractors, commercial partners, licensees, successors and assigns a non-exclusive, perpetual, fully transferable, sub-licensable worldwide right and license, to create, reproduce, display, transmit, and distribute the "Work" through any and all media now known or hereinafter developed.

The "Work" is defined as photo(s), video(s), and/or 3D content, floor plans, graphics, audio, animation, constituent files, and other visual content of the property produced under these terms including any derivative works created therefrom. Any and all rights not expressly granted here are reserved to Mitten Drone Media LLC, including copyright and ownership rights in the Work.

Mitten Drone Media LLC reserves the right to use the Work for the company's portfolio, samples, self-promotions, entry in contests or exhibitions, editorial use, or for display within or on the outside of Mitten Drone Media LLC premises. Mitten Drone Media LLC further reserves the right to assign, transfer, license, distribute, or syndicate the Work and any and all rights in the Work to its commercial partners. Except as explicitly set forth in Section 5 herein, You have no ownership rights in the work and no right to sell or license the Work to any third party or copy, modify, reproduce, or create derivatives of the Work without the prior written consent of Mitten Drone Media LLC.

Usage Rights:

In exchange for the Grant of Rights set forth herein, Mitten Drone Media LLC grants to You the right to use the images created from the Work and provided to you by Mitten Drone Media LLC for purposes of marketing and promoting the Property, promoting Your real estate business and/or the listing(s), Your brokerage(s), and/or Your business(es) ("Your License").

Your License is non-exclusive, non-transferable, covers all territories and media, and is for an unlimited time on websites owned by You. You may authorize third-party websites such as, but not limited to, Multiple Listing Service (MLS) or real estate listing portal websites to display said content solely for the purpose of advertising the subject listing, for as long as said listing is actively listed for sale by that listing agent.

Your authorization to third-party websites will automatically expire once said listing is no longer available for sale or any relevant listing agreement between the Property owner and the listing agent has ended, whichever comes first.

Releases, Licenses, and Authorizations:

By contracting with Mitten Drone Media LLC to produce the Work, You warrant and represent that You are authorized to enter into this Agreement with regard to the Property and You certify that You have obtained all appropriate and necessary releases, permissions, waivers, licenses and/or authorizations (hereinafter "Clearances") for the Grant of Rights and Usage Rights set forth in these Terms and Conditions, including but not limited Clearances from the owner of the Property and any other owners of intellectual property rights contained in, on, or around the Property and captured as part of the Work, including the underlying architectural work.

You further warrant and represent that the Property owner and any occupants of the Property have waived any expectation of privacy rights in relation to the images captured and distributed in accordance with the grant of rights hereunder. You agree to indemnify and hold harmless Mitten Drone Media LLC against any and all claims, costs, and expenses, including attorney's fees, due to uses of the Work for which You did not obtain the appropriate Clearance including uses that exceeded the Clearances actually obtained by You.

Indemnification/Hold Harmless:

In addition to the terms and conditions, You shall also indemnify and hold Mitten Drone Media LLC, its officers, members, employees, contractors, licensees, sublicensees, agents, successors and assigns harmless from and against any and all liability, claims, injuries, damages, loss, expense, (including court costs and reasonable attorneys' fees) resulting from the performance of this Agreement, or any distribution or use of the Work created hereunder resulting from Your breach of any warranties, representations or certifications hereunder, or resulting from Your negligent or intentional acts or omissions and/or those of Your officers, agents, independent contractors, employees, family members, invitees, licensors, the Property owner, and/or guests.

Property media clause

This Property of Media Clause ("Clause") is part of the Agreement ("Agreement") between Mitten Drone Media LLC and all contracted parties working in conjunction with Mitten Drone Media LLC.

1. Definition of Media

For the purposes of this Clause, "Media" includes, but is not limited to, all photographs, videos, audio recordings, drone footage, graphics, and any other multimedia content produced by Mitten Drone Media LLC ("Business Owner") in connection with the services provided under the Agreement.

Unlimited Photos will refer to an undetermined amount of images that will be taken by the Photographer on-site during the scheduled shoot date, but whom will ensure the proper amount of photographs are taken in order to completely cover the property for Client’s marketing purposes.

2. Ownership Rights

All Media created, captured, or produced by the Business Owner during the course of providing services under the Agreement shall remain the exclusive property of Mitten Drone Media LLC. The Client acknowledges that no copyright or ownership rights in the Media shall transfer to the Client or any third party.

3. License to Use

The Business Owner grants the Client a limited, non-exclusive, revocable license to use the Media for the purposes specified in the Agreement. This license is granted only for the duration of the project and does not extend to resale or distribution without prior written consent from the Business Owner.

4. Attribution

The Client agrees to provide appropriate credit to Mitten Drone Media LLC (“Photo Credit: Ace Covey - Mitten Photos”) with a backlink included whenever the Media is used online. The same credit format shall be used in any other print or marketing format, unless otherwise agreed in writing.

5. Modification of Media

The Client may not alter, edit, or modify the Media without the prior written consent of the Business Owner. Any unauthorized modification of the Media may result in the revocation of the license granted in Section 3.

6. Indemnification

The Client agrees to indemnify, defend, and hold harmless Mitten Drone Media LLC from any claims, damages, liabilities, or expenses arising out of the Client's use of the Media, including any unauthorized use or modification.

7. Release of Files

Mitten Drone Media LLC shall not release or distribute any RAW footage or files captured during the production process. All footage provided to clients will be in a fully edited and approved format, ensuring that only the finalized content is shared. This policy is in place to protect the integrity of the business’ creative process and maintain the quality of deliverables for each client.

8. Governing Law

This Clause shall be governed by and construed in accordance with the laws of the state in which Mitten Drone Media LLC is located, without regard to its conflict of laws principles.

9. Entire Agreement

This Clause constitutes the entire understanding between the parties regarding the subject matter herein and supersedes all prior discussions, agreements, or understandings of any kind.

Governing Law

Any claim relating to Mitten Drone Media LLC’s website or produced work shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions.

Mandatory Arbitration

Any dispute or controversy arising out of or relating to any interpretation, construction, performance, termination or breach of these Terms & Conditions, will be settled by final and binding arbitration by a single arbitrator to be held in Grand Rapids, Michigan, in accordance with the American Arbitration Association national rules for resolution of employment disputes then in effect, except as provided herein.

The arbitrator selected shall have the authority to grant any party all remedies otherwise available by law, including injunctions, but shall not have the power to grant any remedy that would not be available in a state or federal court. The arbitrator shall have the authority to hear and rule on dispositive motions (such as motions for summary adjudication or summary judgment). The arbitrator shall have the powers granted by Michigan law and the rules of the American Arbitration Association which conducts the arbitration, except as modified or limited herein.

Lawful Purpose

You may use the Site, Service, and/or products for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site.

You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.

You shall not post or transmit through the Site or social media groups managed by site or Mitten Drone Media LLC any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

Disclaimer

The materials on Mitten Drone Media LLC’s website are provided ‘as is.’ Mitten Drone Media LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Mitten Drone Media LLC does not warrant or make any representations concerning the accuracy, reliability, or likely results of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Mitten Drone Media LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Mitten Drone Media LLC’s site, even if Mitten Drone Media LLC or a Mitten Drone Media LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Links

Mitten Drone Media LLC has not reviewed the entirety of all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Mitten Drone Media LLC of that site. Use of any such linked website is at the user’s own risk.

Limitation of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, Mitten Drone Media LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH:

(I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE;

(II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND

(III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY.

THE FOREGOING APPLIES EVEN IF Mitten Drone Media LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MDL CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE OR PRODUCT YOU HAVE PURCHASED FROM Mitten Drone Media LLC, AND IF NO PURCHASE HAS BEEN MADE BY YOU, Mitten Drone Media LLC CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site, Product, or Service. Y

ou shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Affiliate Disclosure

Mitten Drone Media LLC contains affiliate links. Meaning Mitten Drone Media LLC receives commissions for purchases made through those links, at no cost to you. Please understand that we have experience with all of these companies and recommend them because they are helpful and useful, not because of the small commissions we make if you decide to buy something. You are not obligated to click on any link or buy any products that are advertised or recommended on Mitten Drone Media LLC.

Per FTC guidelines, this website may be compensated by companies mentioned through advertising, affiliate programs, or otherwise. Any references to third party products, rates, or websites are subject to change without notice. Please do the appropriate research before participating in any third party offers.

Mitten Drone Media LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. As an Amazon Associate, Mitten Drone Media LLC earns from qualifying purchases.

Terms

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

User License

Permission is granted to temporarily download one copy of the materials (information or software) on Mitten Drone Media LLC’s website for personal, non-commercial transitory viewing only.

This is the grant of a license, not a transfer of title, and under this license, you may not:

use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Mitten Drone Media LLC’s website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Mitten Drone Media LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Information provided on the Site and in the Service related to membership sites and other information are subject to change. Mitten Drone Media LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free.

Revisions and Errors

The materials appearing on Mitten Drone Media LLC’s website could include technical, typographical, or photographic errors. Mitten Drone Media LLC does not warrant that any of the materials on its website are accurate, complete, or current. Mitten Drone Media LLC may make changes to the materials contained on its website at any time without notice. Mitten Drone Media LLC does not, however, make any commitment to update the materials.

Site Terms of Use Modifications

Mitten Drone Media LLC may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Refusal of Services/Products

The Services and/or products are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site, Product or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Duration of Agreement

Once confirmed, we will provide you access to the purchased Service or product. You agree and understand that access to the Service/product may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Mitten Drone Media LLC when there are reasonable delays in the access of the Service or product.

Mitten Drone Media LLC reserves the right to terminate the Service or product, and or access to certain features of the Service or product, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.

Lifetime Access is for the lifetime of the Service or product. If for any reason, Mitten Drone Media LLC should dissolve or cease to exist, then your access to the Service or product terminates.

Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site.

Any use of the Site or Service by you after being notified means you accept these amendments.

We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Waiver

No waiver of any of the provisions of this Agreement by Mitten Drone Media LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Mitten Drone Media LLC.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.