Terms of Service

Effective Upon Ordering Services from Caden Block Media

By ordering services from Caden Block Media (“CBM”), the customer or Client (“Client”) agrees to the following legally binding terms and conditions governing the use of digital media assets. These policies are designed to ensure a professional, transparent, and mutually respectful relationship between the Client and CBM.

WHEREAS, CBM is the sole and exclusive owner of all copyrights and intellectual property rights in and to the digital media produced under this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows:

Client acknowledges and agrees that all media provided under this Agreement is licensed on a limited, non-exclusive, non-transferable basis solely for the purposes expressly authorized by CBM.

Client shall not sublicense, assign, or otherwise transfer any rights granted under this Agreeme nt without the prior written consent of CBM.

Client agrees to indemnify, defend, and hold harmless CBM, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in connection with Client’s use of the media, breach of this Agreement, or violation of any applicable law.

Limitation of Liability: In no event shall CBM be liable to Client or any third party for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the services or media provided, regardless of the theory of liability. CBM’s total liability under this Agreement shall not exceed the amount paid by Client for the services rendered.

Client agrees that any unauthorized use of the media shall constitute a material breach of this Agreement and shall be subject to injunctive relief, damages, and a liquidated penalty of $1,000.00, which the Parties agree is a reasonable estimate of damages.

This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law principles.

Any disputes arising under or in connection with this Agreement shall be resolved exclusively in the state or federal courts located in Adams County, Nebraska, and the Parties hereby consent to the jurisdiction and venue of such courts.

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties.

No amendment or modification of this Agreement shall be valid unless in writing and signed by both Parties.

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

The failure of either Party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

I. Ownership & Licensing

All digital media produced by CBM is the exclusive property of CBM. CBM retains all rights, title, and interest in and to all media, including but not limited to photographs, videos, and edited content. Media is licensed, not sold, and may only be used when, how, and where expressly authorized by CBM. Copyright is not transferred to any other party unless a specific written agreement is made. Licensing is granted under the conditions stated herein, including but not limited to payment in full and proper copyright attribution and protection.

II. Permitted Use

Images are licensed to the agent for:
i.) The Agent and Broker are granted a non-exclusive, perpetual license to use the images and media of the property for marketing, advertising, and promotional purposes, in any format or medium. The images may not be altered, edited, or used in any manner that is misleading, defamatory, or detrimental to the reputation of the property owner. Minor adjustments such as cropping or resizing that do not misrepresent the property or alter CBM’s creative intent are permitted. Any substantive edits, composites, or removals/additions of elements must be performed by CBM or approved in writing.

Agents may post images on multiple listing services (MLS) and use them for general marketing and advertising purposes related to the promotion of the property or Client’s brand image. Tagging or crediting of CBM may be requested and should be honored.

Unauthorized altering of media will incur a $150 fine, which the Client agrees is reasonable and enforceable.

III. Restrictions & Unauthorized Use

Media may not be transferred to another agent or reused for future listings without written permission. Client may not provide media to builders, stagers, designers, or other third parties without written permission of CBM. Client’s rights herein may not be assigned without the written permission of CBM.

Unauthorized publishing or sharing of media will incur a $1,000 fine, which the Client agrees is reasonable and enforceable.

IV. Indemnification & Liability Waiver

The Client agrees to indemnify, defend, and hold harmless CBM from any and all claims, liabilities, damages, or expenses (including attorney’s fees) arising from the use of CBM’s services or media, any copyright infringement resulting from the Client’s use of music or third-party content, and any claims made by third parties related to the Client’s use of the media.

CBM provides the services and media "as is" and hereby disclaims all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. CBM shall not be liable for any loss, corruption, or public disclosure of Client data or the media itself resulting from unauthorized access, hacking, or other security breaches beyond CBM’s reasonable control.

CBM’s total liability is strictly limited to the amount paid by the Client for the services rendered. CBM is not responsible for issues arising from third-party domains or platforms linked to its website.

V. Shoot Requirements

Properties must be ready prior to the scheduled shoot time. CBM does not clean, dust, or move furniture. All properties are photographed as-is. If an object is moved, it will be returned to its original position before the completion of the shoot. Pets must be secured prior to the shoot. The Client must ensure a safe environment for the photographer.

Unless otherwise specified, the entire home will be photographed. Areas to exclude must be communicated in advance at checkout. Neighborhood amenities (e.g., clubhouses, pools) are not included in standard shoots and require separate service booking.

The Client warrants that it has rights to access the property and hereby authorizes CBM to access the property and capture media. If, in CBM’s sole discretion, the property is deemed unsuitable for photography, the shoot will be rescheduled and subject to an additional cancellation fee.

VI. Cancellation & Rescheduling

Same-day cancellations will incur a fee of 25% of the contract price.

If the photographer arrives and the shoot is canceled, a fee of 50% of the contract price plus applicable mileage will be charged.

Rescheduling due to inclement weather or other uncontrollable factors is at the sole discretion of CBM. Additional mileage may be waived in such cases.

Reschedules are subject to availability.

VII. Weather Policy

Certain services may be impacted by weather conditions. Shoots will proceed only if safe and agreed upon by CBM. If the Client opts to proceed, best efforts will be made to produce quality results. Additional outdoor photos requested on a better weather day will incur a reduced revisit fee. No reschedule fee will apply for weather-related changes made prior to the shoot day.

VIII. Payment Terms

Payment is due upon delivery of images. Licensing is not authorized until full payment is received. Unpaid amounts will accrue interest at 18% per month, beginning 30 days after the invoice due date or notice of availability.

The Client agrees to pay all costs and reasonable attorney fees incurred by CBM in the collection of unpaid invoices.

Final invoices may differ from initial quotes due to adjustments for mileage, taxes, or other applicable fees.

IX. Delivery & Turnaround

All media will be delivered by 11:59 p.m. of the next business day (Monday–Friday, excluding holidays) following the shoot date. Media from Friday, Saturday, or Sunday shoots will be delivered by 11:59 p.m. the following Monday. If delivery is not made on time, the Client may receive a statement credit. CBM shall not be liable for any failure or delay in performance, including media delivery, when such failure or delay is caused by circumstances beyond CBM’s reasonable control, including but not limited to, acts of God, war, acts of terrorism, governmental action, labor strikes, power failures, or epidemic/pandemic events.

X. Image Storage & Retrieval

Images are archived on the client’s order dashboard for indefinite access. CBM does not guarantee permanent storage or availability of such images and shall not be held liable for any loss, deletion, or system-related unavailability. Long-term storage is not guaranteed.

XI. Additional Fees

Additional edits requested after delivery (e.g., grass replacement, object removal) will incur standard per-photo/per-service fees. If dissatisfied with a deliverable or edit, contact CBM directly for resolution. All subsequent entities (e.g., builders, stagers, designers) requesting use of the media must obtain licensing directly from CBM. Additional fees apply. Standard delivery times apply.

XII. Communication & Invoicing

All invoices will be payable on CBM’s portal connected to the email address provided by the Client at the time of booking. The Client is responsible for ensuring the accuracy and accessibility of the provided contact information.

XIII. Promotional Use

Regardless of purchase, CBM reserves the right to retain and use all media for promotional purposes, including but not limited to: CBM’s portfolio, website, social media, educational materials, and contests and exhibitions.

XIV. Non-Solicitation

The Client agrees that during the term of this Agreement and for a period of eighteen (18) months thereafter, the Client shall not, directly or indirectly, solicit, recruit, or offer employment or engagement as a contractor to any person who is, or was within the preceding six (6) months, an employee or independent contractor of CBM.

XV. MLS & Third-Party Platform Compliance

The Client acknowledges that all media must comply with Multiple Listing Service (MLS) and third-party platform rules. CBM will do its part to provide MLS compliant media and information. CBM is not responsible for any issues, rejections, or takedowns by MLS systems, real estate boards, or websites due to noncompliance or rule changes. Any requested modifications to meet platform requirements may incur additional editing or delivery fees.

XVI. Property Access & Occupancy

The Client is responsible for ensuring that the property is accessible at the scheduled time of service. CBM is not responsible for any delays, incomplete coverage, or reshoots resulting from locked doors, occupants, pets, contractors, or other access issues. A return visit may be subject to an additional trip fee.

XVII. Drone & Aerial Footage

All aerial media services provided by CBM are performed in compliance with FAA Part 107 regulations. Flights are subject to weather conditions, airspace restrictions, and safety considerations. If aerial operations cannot be completed due to legal or environmental conditions, a credit or reschedule will be offered at CBM’s discretion.

XVIII. 3D / Virtual Tours

3D virtual tour services are hosted by third-party providers. CBM provides access links for the duration stated at the time of booking. Continued hosting beyond that period may incur additional fees. CBM is not liable for any downtime, removal, or third-party service interruptions.

XIX. Client Representation

The Client represents and warrants that they have the full authority and all necessary permissions from the property owner or authorized representative to commission photography, videography, and aerial services. CBM shall not be held responsible for any disputes arising from unauthorized media capture.

XX. Privacy & Sensitive Information

The Client is responsible for ensuring that any personal or sensitive items (e.g., photographs, documents, personal identifiers) are removed or concealed prior to photography. CBM shall not be responsible for any inadvertent inclusion of such items in the media.

XXIII. Confidentiality

CBM agrees to treat all non-public information obtained in the course of providing services as confidential and will not disclose such information except as required by law or authorized by the Client.

XXV. Notices

Any notices required or permitted under this Agreement shall be in writing and delivered via email or certified mail to the addresses provided at the time of service booking. Notice shall be deemed received upon confirmation of delivery.