Terms of Service

THE PERFECT LISTING™ by Tobie Town Media

We strive to provide high-quality real estate media services while maintaining clear communication and expectations with our clients. The following Terms of Service outline the policies and procedures that govern our business relationship. By placing an order with us, you agree to these terms. Please review them carefully, as they explain important details regarding our services, pricing, delivery, and client responsibilities. If you have any questions or require further clarification, feel free to contact us.

Types of Properties Serviced:

Tobie Town Media specializes in providing photography services for residential real estate listings.

We do not offer services for properties listed on short-term rental platforms such as Airbnb, VRBO, or for-sale-by-owner (FSBO) properties.

Any orders placed for these types of properties will be automatically canceled.

Property Size & Additional Fees:

Our flat-rate photography service is designed for residential properties up to 5,000 square feet.

For larger homes or complex projects, please contact us in advance to discuss your needs.

Properties exceeding 5,000 square feet will be manually processed, and an additional fee of $0.05 per square foot will be applied.

Additionally, if the time on-site exceeds the standard allotted time for your selected media, a time-based fee of $50 per half hour will also be applied.

Commercial Property Pricing:

Pricing for commercial properties differs from our standard residential rates due to the unique requirements of each commercial project.

We offer tailored solutions based on the size, scope, and specific needs of the property.

To receive a custom quote for your commercial property, please contact us directly at [email protected] before placing an order.

Our team will work with you to assess your needs and provide a detailed proposal that reflects the best pricing for your project.

Service Area Coverage:

We service a 40-mile driving radius from our home-base (Senatobia, MS).

Properties that are 40-50 miles driving radius will be reviewed on a case-by-case basis.

If approved, the following out of service fees will apply:

40 miles to 44.9 miles = $25

45 miles to 49.9 miles = $50

Properties outside the 50-driving mile radius are beyond the service area and we will not be able to service them.

Photo Quantity:

Our flat-rate photography service includes a standard range of 25 to 40 professionally edited photos, which is typically sufficient to capture all key aspects of most properties.

In certain situations, and at our discretion, we may deliver up to 60 photos to best showcase larger or more complex properties.

If you require more than 60 photos, additional fees may apply. Please contact us in advance if you anticipate needing an extended photo package.

Property 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.

If the Tobie Town Media Photographer arrives at the appointment and the home is not ready, the property will be shot & edited "As Is".

Pets must be secured in a separate area that will not be photographed or placed in a kennel.

Other Contractors are not allowed to perform work on property during the time of the photoshoot appointment.

Our Photographers will not:

Make beds, clean, dust, declutter, hide cords, handle pets/pet items, nor touch personal hygiene items (shampoo, toothbrushes, deodorant, towels, combs/brushes, etc.).

Our Editors will not:

“Photoshop” vehicles, people, pets/pet-items, trash cans, walls, power lines, pictures, cords, etc.

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 the order (ex. The client enters Social Media Video but wanted MLS Video).

Our pricing reflects the cost for a single dwelling in a residential household. For commercial or multi-unit properties, please contact our office for a personalized quote.

For media to be used in portfolio or advertising, please contact our office for a personalized quote.

Right to Refuse Service and Property Access:

• Tobie Town Media, LLC reserves the right to refuse service to anyone, at our sole discretion, for any reason not prohibited by law.

This includes, but is not limited to, cases where the Client has failed to comply with these Terms and Conditions, has a history of non-payment,

or engages in conduct that is disruptive, abusive, or harmful to our staff, contractors, or business.

• Tobie Town Media, LLC reserves the right to refuse service to any specific property or location,

both before or after an appointment has been confirmed, at our sole discretion.

This includes, but is not limited to, situations where:

1. Property Condition: The property is deemed unsafe, unsanitary, inaccessible, or not suitable for photography upon the Photographer’s arrival.

2. Access Issues: The Photographer is unable to gain entry to the property due to lockout, incorrect access instructions,

or unavailability of necessary access permissions from the client or property owner.

3. Dangerous or Hostile Environment: The Photographer encounters dangerous or hostile conditions, including but not limited to the presence of aggressive animals,

hazardous environments, or threatening individuals.

4. Non-compliance with Property Readiness: The property has not met the required “camera-ready” standards as outlined in our Property Readiness terms.

Reschedule/Cancellation Policy:

Confirmed appointments canceled or rescheduled within 24 hours before the appointment start time are subject to a $30 cancellation fee.

If the property is not ready at the scheduled time or if the appointment is canceled/rescheduled after the photographer has arrived on-site, a $50 fee will apply.

Application of these fees are not guaranteed in all circumstances. Tobie Town Media, LLC holds the right to apply or waive these fees at its own discretion.

Weather Policy:

Appointments that cannot be completed due to adverse weather conditions (e.g., our Photographer is unable to fly the drone due to rain/wind, or excessive rain prevents capturing exterior shots) will be rescheduled after contacting the Client, and any applicable cancellation fees will be waived.


• Postponement Discretion:

Postponement due to weather is at the Client’s discretion. Light rain and low winds generally do not affect the quality of exterior photos or video.

However, heavy rain, high winds, snow, or other severe conditions pose safety risks and may diminish the quality of exterior shots.

The Photographer, at their sole discretion, reserves the right to decide whether to proceed with exterior shots under such conditions or to remain inside.

In cases of thunder or lightning, the Photographer has full discretion to suspend exterior work for safety reasons.

If the weather poses any danger or the quality of the media is expected to suffer, the Client will be contacted to discuss postponing the shoot.


• Late Postponement and Rescheduling:

Clients may reschedule appointments due to bad weather without incurring any charges or fees, provided that the postponement is requested before our team has traveled to the location. Once travel has commenced, any cancellations or postponements may be subject to trip fees of at least $50.

If special arrangements must be made for Tobie Town Media to return to the property to capture exterior shots after a weather-related delay, a return fee of no less than $100 will be charged. However, this fee may be waived if the Client allows Tobie Town Media to schedule the return at our earliest convenience.

• Safe Travel:

Tobie Town Media prioritizes the safety of our team. If weather conditions such as heavy storms, snow, or icy roads are deemed unsafe for travel, we reserve the right to reschedule the appointment. In such cases, we will notify the Client as soon as possible to arrange an alternative date. No cancellation or trip fees will apply for rescheduled appointments due to unsafe travel conditions. If the Client insists on proceeding with the appointment despite the travel risks, Tobie Town Media reserves the right to decline the request in the interest of safety.

Payment Terms:

You will be invoiced after all media has been delivered. Payment is due upon receipt of the invoice.

After 15 days of non-payment, a late fee of $25/month will be assessed.

For balances outstanding 45 days, Tobie Town Media 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.


Media Delivery:

All media is delivered via our proprietary storage and delivery system. Upon placing your first order, an account will be created for you, providing access to your personal dashboard where all your media will be housed. Once your order is complete, you will receive an email containing a link to your invoice and media download page.
Client Responsibility: It is your responsibility to keep your account login details secure and ensure that all media is downloaded and backed up upon receipt.

We guarantee media hosting for one year from the appointment date. After this period, you are responsible for securing permanent storage of your media files.

Tobie Town Media is not liable for any data loss after the one-year hosting period.
Technical Issues: While we strive for seamless delivery, unforeseen technical issues may occasionally delay media access.

In such cases, we will promptly communicate the issue and work to resolve it as quickly as possible.


Delivery Times:

Next Business Day Following Appointment (Before 5 p.m.):

MLS Photos, Aerial/Drone Media, Listing Video, Vertical 'Social Media' Video, Agent-on-Camera Video,

3D Virtual Tour, Schematic Floor Plan, Virtual Twilight Image

Virtual Declutter (If desired photos to be virtually decluttered are chosen before the photos are delivered)

Virtual Staging (If desired photos to be virtually staged are chosen before the photos are delivered)

Second Business Day Following Appointment (Before 5 p.m.):

Virtual Decluttering (If desired photos to be virtually decluttered are chosen the same day as or later than photos are delivered)

Virtual Staging (If desired photos to be virtually staged are chosen the same day as or later than photos are delivered)

Rights and Usage:

Grant of Rights.

You hereby grant to Tobie Town 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 Tobie Town Media, LLC, including copyright and ownership rights in the Work. Tobie Town 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 Tobie Town Media's premises. Tobie Town 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 Tobie Town Media, LLC.

Usage Rights.

In exchange for the Grant of Rights set forth herein, Tobie Town Media, LLC grants to You the right to use the images created from the Work and provided to you by Tobie Town Media 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 Tobie Town Media 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 to 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 Tobie Town 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 contained in Section 6, You shall also indemnify and hold Tobie Town 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.

Consequences of Violation:

In the event of any violation of these Terms and Conditions, Tobie Town Media, LLC reserves the right to take any or all of the following actions, at our sole discretion:


1. Suspension or Termination of Services: We may suspend or terminate any current or future services without notice if you fail to comply with these Terms and Conditions.


2. Forfeiture of Deposits or Payments: Any deposits or payments made for services that are canceled due to a violation of the Terms may be forfeited.


3. Legal Action: We reserve the right to pursue legal action for any damages or losses incurred as a result of your violation, including but not limited to recovery of unpaid fees,

enforcement of intellectual property rights, and compensation for reputational harm or business losses.


4. Indemnification: You agree to indemnify and hold Tobie Town Media, LLC harmless against any claims, costs, and damages arising from your violation of these Terms,

including any attorney’s fees incurred in enforcing this agreement.


5. Service Freezing: If there is a balance on your account that is over 45 days outstanding, Tobie Town Media will freeze all assets & pause the ordering process until the balance has been paid.


6. Reporting and Removal: We reserve the right to report any unlawful activity related to the violation of these Terms to the appropriate authorities, as well as remove any offending content from our servers or portfolios.

Disclaimer of Results:

THE PERFECT LISTING™ by Tobie Town Media provides professional media services designed to assist the Client in marketing their property or business.

However, Tobie Town Media, LLC. makes no guarantees, express or implied, regarding the specific results or performance of the media provided.

The effectiveness of the media, including photos, videos, drone footage, or any other content, depends on a variety of factors outside of our control, such as market conditions, the Client’s marketing strategies, or other external influences.

By using our services, the Client acknowledges that Tobie Town Media, LLC. is not responsible for any outcomes related to the sale, promotion, or visibility of the property or business.Mobile Navigation

The Client assumes full responsibility for how the media is used and the results it generates.

Senatobia, Mississippi

Mon-Fri: 9am - 5pm

Want to work with us?

The Perfect Listing™ by Tobie Town Media is a real estate listing photography and media service. We serve Northwest Mississippi, Oxford,

and parts of Memphis.

For Client Support:

662-301-7836

Connect

Tobie Town Media, LLC.

© copyright 2024

Powered by LMNADE.ai

Senatobia, Mississippi

Mon-Fri: 9am - 5pm

Want to work with us?

About

The Perfect Listing™ by Tobie Town Media is a real estate listing photography and media service. We serve Northwest Mississippi, Oxford, and parts of Memphis.

For Client Support:

662-301-7836

Connect

Tobie Town Media, LLC. © copyright 2024

Powered by LMNADE.ai