Terms of ServiceProperty Readiness: The client is expected to have the property "camera ready" prior to the beginning of the arrival window. This includes all cleaning and furniture staging. We ask that you have your clients review our Getting Ready checklist before the appointment. If our Photographer arrives and the home is not ready, the property will be shot "As is" and a cancellation or rescheduling fee may apply.
We 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 Hickman Aerial Photographer will use their best judgment and experience to decide which angles will best highlight the property.
Rescheduling/Cancelation: We ask that you notify us as early as possible if a shoot needs to be cancelled or rescheduled. Appointments that cannot be completed due to weather conditions (e.g., unable to fly the drone due to rain or wind, or conditions prevent capturing exteriors) will be rescheduled after contacting the agent, and any cancellation fee will be waived.
Payment: We give our clients the ability to see and approve any media we create prior to remitting
payment. This is done via our automated system that allows viewing of watermarked photos before payment, and automatically removes the watermark as soon as the balance is settled.
Payment is due upon receipt of the invoice. After 15 days of non-payment, a late fee may be
assessed.
Order Details & Accuracy: The client is expected to have accurately entered or communicated all pertinent information at the time the order is placed. We reserve the right to update incorrect information and adjust the pricing of the order to accurately reflect what was ordered (e.g., the client enters that the property is 1,200 square feet but it is actually 2,400 square feet).
Our pricing reflects the cost for a single dwelling in a residential household. For commercial or
multi-unit properties, please contact us for a personalized quote.
Copyright Notice: Per U.S. Copyright Law, Hickman Aerial retains full copyright ownership of all images, video, and other media produced by our team (collectively, the "Work"). Copyright is not transferred to any other party. Hickman Aerial licenses - but does not sell - the right to use its media. All transactions constitute a license of intangible rights, not a sale of the underlying photographs or media files.
Hickman Aerial reserves the right to use the Work for portfolio, samples, self-promotion, contest entries, editorial use, or display, and to assign, transfer, license, or distribute the Work to its commercial partners. Client has no ownership rights in the Work and no right to sell or license the Work to any third party, or to copy, modify, reproduce, or create derivatives of the Work without the prior written consent of Hickman Aerial.
Usage Rights: Upon receipt of full payment, Hickman Aerial grants the client the intangible right to use the media for marketing and promotion of the property on the applicable invoice for the duration of the active listing, and for the agent's ongoing professional branding and marketing materials, within the United States. No ownership or copyright is transferred. Use of the media for any purpose beyond those expressly stated above, or by any party other than the original paying client, requires a separate written agreement. Client may authorize third-party websites such as MLS or real estate listing portals to display the media solely for the purpose of advertising the subject listing, for as long as the listing is actively listed for sale by that listing agent. This authorization automatically expires once the listing is no
longer available for sale or the relevant listing agreement has ended, whichever comes first.
Licensing Classification & Tax: Because Hickman Aerial retains ownership of all media and grants only a limited right to use that media, all charges under these Terms constitute licensing of intangible property. In accordance with Washington State Department of Revenue guidance, these transactions are subject to Business & Occupation tax under the Royalties classification. Sales tax is not collected on licensing charges. Any fees charged for the photography or videography session itself (including travel, creative fees, and equipment) are likewise classified under the Royalties B&O tax classification.
If Hickman Aerial separately provides physical printed materials (e.g., printed posters or brochures), those items constitute a separate retail transaction and may be subject to applicable sales tax. Any such charges will be itemized separately on the invoice.
This Terms of Service, together with any invoice issued by Hickman Aerial, constitutes the documentation establishing the licensing nature of the transaction as required by the Washington State Department of Revenue. Each invoice will clearly identify the specific intangible rights granted, the licensed property, and the duration of the license.
Releases, Licenses & Authorizations : By contracting with Hickman Aerial, the client warrants that they are authorized to enter into this agreement with regard to the property, and certifies that they have obtained all necessary releases, permissions, and authorizations from the property owner and any other relevant parties. The client further warrants that the property owner and any occupants have waived any expectation of privacy rights in relation to images captured and distributed under these terms. The client agrees to indemnify and hold harmless Hickman Aerial against any and all claims, costs, and expenses, including attorney's fees, arising from uses of the Work for which the client did not obtain appropriate clearance.
Indemnification / Hold Harmless: Client shall indemnify and hold Hickman Aerial, its officers, employees, contractors, agents, successors, and assigns harmless from and against any and all liability, claims, injuries, damages, losses, and expenses (including court costs and reasonable attorney's fees) resulting from the performance of this agreement, any distribution or use of the Work, any breach of the client's warranties or representations herein, or the client's negligent or intentional acts or omissions.
Have a question? Give us a call at (360) 594-5947 or email [email protected]
