Terms & Conditions

LONE STAR VISUALS, LLC

TERMS & CONDITIONS OF SERVICE

 

These Terms & Conditions of Service (these "Terms") govern all photography, videography, aerial/drone media, floor plan, virtual tour, and related visual marketing services (the "Services") provided by Lone Star Visuals, LLC, a Texas limited liability company ("LSV," "we," or "us"), to the person or entity placing an order ("Client" or "you").

BY PLACING AN ORDER, BOOKING AN APPOINTMENT, MAKING PAYMENT FOR SERVICES, OR DOWNLOADING OR USING ANY MEDIA DELIVERED BY LSV, CLIENT AGREES TO BE BOUND BY THESE TERMS.

1. AGREEMENT; UPDATES

These Terms, together with the applicable order form or booking confirmation, constitute the entire agreement between LSV and Client with respect to the Services and supersede all prior or contemporaneous understandings. If an order form and these Terms conflict, the order form controls for that order. LSV may update these Terms from time to time; the version in effect on the date an order is placed applies to that order. The current version is always available at lonestarvisuals.com/terms.

2. BOOKING, PROPERTY READINESS & ACCESS

(a) Authority. Client represents and warrants that Client has the legal right, and all necessary permissions from the property owner, occupants, builder, or other interested parties, to authorize LSV to enter the property and to create photographs, video, aerial footage, and floor plans of it.

(b) Readiness. The property must be photo- and video-ready at the scheduled appointment time. Client is responsible for coordinating with the seller, builder, occupants, or stagers to ensure readiness. For liability reasons, LSV personnel do not clean, stage, or move furniture or personal items.

(c) Property not ready or not accessible. If the property is not ready or LSV cannot obtain access at the scheduled time, LSV may, at its option: (i) photograph the property in its as-is condition; or (ii) reschedule the appointment, in which case a return-trip fee of $125 will apply. On-site wait time in excess of fifteen (15) minutes may be billed at $25 per additional fifteen (15) minutes.

(d) Occupants and pets. Client is responsible for ensuring that occupants and pets are secured during the appointment.

3. CANCELLATION, RESCHEDULING & WEATHER

(a) Free window. Client may cancel or reschedule at no charge at any time before the LSV photographer is en route to the property. (b) Late cancellation. If Client cancels after the photographer is en route or on site, or LSV is unable to access the property (lockout, no-show, denied entry), a cancellation fee of up to $125 may be charged. (c) Weather. LSV never charges for weather-related cancellations or rescheduling. Drone services cannot be performed in rain, high winds, or restricted airspace conditions. LSV reserves the right to reschedule any appointment that cannot be fully completed due to weather or safety conditions.

4. PAYMENT

(a) Payment timing. Payment is due at the time of booking unless LSV has approved invoicing for Client in writing. Approved invoiced balances are due within seven (7) days after the Services are performed.

(b) Late fees. Overdue balances accrue a late fee of $25 per week (or, if less, the maximum amount permitted by applicable law).

(c) Suspension. LSV will not perform further Services for a Client with any balance more than fourteen (14) days past due.

(d) Card on file. If Client stores a payment card with LSV, Client authorizes LSV to charge that card for amounts due under these Terms, including applicable cancellation, return-trip, and late fees.

(e) Chargebacks; collections. Initiating a chargeback or payment dispute on a valid charge immediately terminates the license granted in Section 7. Client is responsible for LSV’s reasonable costs of collecting unpaid amounts, including collection agency fees, court costs, and reasonable attorneys’ fees.

5. TURNAROUND, RUSH DELIVERY & REVISIONS

(a) Turnaround. Photos are typically delivered the next day; video is typically delivered within two to three (2-3) business days. Delivery times are good-faith estimates, not guarantees, and LSV is not liable for delays caused by circumstances beyond its reasonable control.

(b) Rush delivery. Expedited photo delivery (under 24 hours) is available for $50, and next- business-day video delivery for $100, in each case subject to availability. Contact LSV before the shoot to confirm rush availability.

(c) Video format. LSV walk-through videos follow a standard format (drone opening, property walk-through, licensed music). Specify any preferred format in the order comments before the shoot.

(d) Revisions. After a deliverable has been finalized by the LSV team, additional edits are billed at a $35 re-editing fee per revision request.

6. OWNERSHIP OF MEDIA

All photographs, videos, drone footage, floor plans, virtual tours, raw files, edited files, and other work product created by LSV (collectively, the "Media") are and remain the sole and exclusive property of LSV, which owns all copyrights and other intellectual property rights in the Media under the Copyright Act, 17 U.S.C. § 101 et seq. No copyright or other exclusive right under 17 U.S.C. § 106 is transferred to Client, to any MLS, or to any other party under these Terms, regardless of any terms and conditions of any MLS or listing service.

7. LICENSE TO CLIENT

(a) License grant. Upon LSV’s receipt of payment in full for an order, Client is granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Media from that order solely to market and promote the specific property or listing for which the Media were created, in electronic and printed advertising (including MLS listings, social media, websites, flyers, and signage), for the duration of Client’s listing of that property.

(b) Payment condition. The license in this Section is expressly conditioned on payment in full. No rights are granted, and any use of the Media is unauthorized, until payment is received. The license is suspended while Client’s account is delinquent and terminates automatically upon any chargeback of a valid charge.

(c) Term. The license terminates when the property sells, or when the listing expires or is withdrawn, except that Client may resume use of the Media if the same property is temporarily removed from the market and relisted by the same Client.

(d) No transfer. The Media may not be sold, given, assigned, or sublicensed to any other person, including another agent or brokerage that takes over an expired, withdrawn, or lost listing. Any agent, builder, stager, designer, or other third party who wishes to use the Media must obtain a separate license directly from LSV for a fee. Client must notify LSV if Client becomes aware that the Media are being used by any third party. (e) Integrity. The Media may not be materially altered without LSV’s written consent; resizing and platform-required cropping are permitted. The Media may not be used to train artificial intelligence or machine learning models or to generate derivative imagery.

(f) Infringement. Any use of the Media outside the scope of this license constitutes copyright infringement and may subject the user to actual or statutory damages and attorneys’ fees under 17 U.S.C. §§ 504–505, in addition to termination of these Terms.

8. LSV PORTFOLIO & MARKETING USE

LSV reserves the right to use the Media for its own portfolio, advertising, display, publication, social media, and promotional purposes. Client may opt out for a specific property by written notice to LSV before or promptly after the shoot.

9. DRONE / AERIAL SERVICES

Aerial services are performed by FAA-certificated remote pilots in accordance with 14 C.F.R. Part 107. All flights are subject to weather, airspace authorizations, temporary flight restrictions, and the pilot’s safety judgment. If an aerial flight cannot be safely or lawfully performed, LSV will reschedule the aerial portion or refund the fee paid for that line item, which is Client’s sole and exclusive remedy.

10. DISCLAIMERS

The Media are marketing materials only. They are not a representation, warranty, or guarantee of the condition, dimensions, boundaries, or features of any property, and must not be relied upon for appraisal, inspection, architectural, engineering, or valuation purposes. Floor plans and square- footage figures are approximations. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES AND MEDIA ARE PROVIDED "AS IS," AND LSV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. LIMITATION OF LIABILITY

(a) Cap. LSV’s total aggregate liability arising out of or relating to any order or the Services shall not exceed the amount actually paid by Client for the order giving rise to the claim.

(b) Excluded damages. IN NO EVENT SHALL LSV BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST COMMISSIONS, LOST PROFITS, LOST OPPORTUNITIES, OR DIMINISHED LISTING VALUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) Exclusive remedy. Client’s sole and exclusive remedy for Services or Media that do not conform to these Terms is, at LSV’s option, a re-shoot of the affected Services or a refund of the amount paid for the affected Services.

(d) Claim period. Any claim arising out of the Services must be brought within one (1) year after delivery of the Media giving rise to the claim.

12. INDEMNIFICATION

Client shall indemnify, defend, and hold harmless LSV and its owners, employees, and contractors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of: (a) any breach of Client’s representations regarding authority and access in Section 2; (b) Client’s or any third party’s use of the Media outside the scope of the license in Section 7; (c) content or materials Client directs LSV to include in the Media; or (d) injuries or property damage occurring at the property caused by the property’s condition, occupants, or animals, in each case except to the extent caused by LSV’s gross negligence or willful misconduct.

13. FORCE MAJEURE

LSV is not liable for any failure or delay in performance caused by events beyond its reasonable control, including weather, natural disasters, power or internet outages, equipment failure, illness, government action, or airspace restrictions. LSV will reschedule affected Services as promptly as practicable.

14. GOVERNING LAW; VENUE; ATTORNEYS' FEES

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. Exclusive venue for any dispute arising out of or relating to these Terms or the Services lies in the state or federal courts located in McLennan County, Texas, and the parties consent to personal jurisdiction there. In any action to enforce or interpret these Terms, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs.

15. GENERAL

If any provision of these Terms is held invalid or unenforceable, it shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions shall remain in full force. LSV’s failure to enforce any provision is not a waiver. Client may not assign these Terms or the license without LSV’s written consent; LSV may assign these Terms to a successor. Notices to LSV should be sent to team@lonestarvisuals.com

 

Effective Date: July 1, 2026