Terms & Conditions
Property Readiness:
Order Details & Accuracy:
Reschedule/Cancellation Policy:
Payment Terms:
Service Area Coverage:
We service a 50-mile driving radius from the centers of our primary service areas (St. Bernard, LA · Jefferson, LA · Saint Tammany, LA · Saint Charles + New Orleans, LA). Appointments with the following ranges will receive trip fees:
Properties within a 40-50-mile driving radius will be reviewed on a case-by-case basis. If approved, the following out-of-service fees will apply
Properties outside the 50-mile driving radius are beyond the service area, and we will not be able to service them.
Hosting:
FLY HIGH Marketing Media Real Estate will guarantee media hosting for one year from the appointment date, with the exception of iGUIDE and Ricon Theta Z1 3D Tours & Floorplans. iGUIDE and Ricon Theta Z1 media will be stored until sold, for up to 6 months. Once the hosting time expires, the user is responsible for permanent media storage. Zillow 3D Tours & Floorplans will be hosted on Zillow.com, according to their terms and conditions.
Delivery Times:
Next Business Day Following Appointment (Before 5 p.m.)
2 – 3 Business Day Following Appointment (Before 5 p.m.)
Up To 3 Business Days Following Appointment (Before 5 p.m.)
Video Delivery Times:
Up To 3 – 5 Business Days Following Appointment (Before 5 p.m.)
Hosting:
FLY HIGH Marketing Media Photographer/Videographer will guarantee media hosting for 1 year from the appointment date, with the exception of the iGuide Planix and Ricon Theta Z1 3D Tours; Floorplans, and media will be stored until sold, for up to 6 months. Once the hosting time expires, the user is responsible for permanent media storage. Zillow Tours will be hosted on Zillow.com.
Rights and Usage:
Grant of Rights.
FLY HIGH Marketing Media LLC and its affiliates, contractors, commercial partners, licensees, successors, and assigns a non-exclusive, perpetual, fully transferable, sublicensable 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 Wow Video Tours, including copyright and ownership rights in the Work. FLY HIGH Marketing 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 FLY HIGH Marketing Media Real LLC’s premises. FLY HIGH Marketing 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 FLY HIGH Marketing Media LLC.
Usage Rights.
In exchange for the Grant of Rights set forth herein, FLY HIGH Marketing Media Real Estate grants to You the right to use the images created from the Work and provided to you by FLY HIGH Marketing Media Real Estate 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 FLY HIGH Marketing Media Real Estate 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 FLY HIGH Marketing Media Real Estate 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 contained in Section 6, You shall also indemnify and hold FLY HIGH Marketing Media Real Estate, 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.