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 Agreement 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 $1,500.00, 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 following 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.) Marketing and listing the property only;
ii.) Use during the active listing period, not to exceed twelve (12) months; and
iii.) One (1) exterior front photo may be used in perpetuity for “Just Sold” marketing media.

Agents may post images on multiple listing services (MLS). Social media use is permitted in perpetuity only if posted during the active listing period, and must include credit or tagging of CBM if requested.

III. Restrictions & Unauthorized Use

Any use beyond MLS or social media (e.g., websites, printed marketing, branding) requires written permission and may incur additional licensing fees. Media may not be altered, edited, or modified by any party other than CBM. Unauthorized editing will result in a $500 fine. 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 of media will incur a $1,500 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 50% 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 to delivery of images. Licensing is not authorized until full payment is received. If payment is not received within 30 days, the Client will not receive the media but remains responsible for 50% of the contract price. Unpaid amounts will accrue interest at 18% per annum, 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. the day following the shoot. If delivery is not made on time, the Client may receive a $50 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 for six (6) months after delivery.
Retrieval after this period will incur a $25 archival recovery fee.
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 sent 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.