Terms & Conditions.

These terms govern the relationship between KW Real Estate Media and the agents, brokerages, and property owners who hire us. By booking a shoot, you agree to these terms.

The basics.

"We," "us," and "our" mean KW Real Estate Media — a DBA of Kennith Wheeler Photography LLC, an Oklahoma limited liability company. "Client" means the person or entity engaging our services. "Property" means the real estate being photographed.

Booking & scheduling.

Bookings are confirmed when the client receives written confirmation (email or through our scheduling portal). Time slots are first-come, first-served. We make every reasonable effort to arrive on time and complete the shoot within the scheduled window.

Cancellation: Cancellations made more than 24 hours before the scheduled shoot are free of charge. Cancellations or reschedules inside 24 hours are subject to a flat $50 fee. Same-day cancellations after we have arrived on site may be billed at the full rate of the booked service.

Weather rescheduling: If conditions make the shoot unsafe or unworkable (drone restrictions, heavy rain, dangerous wind), we will reschedule at no charge. We make the call as early as conditions allow.

Property access: The client is responsible for ensuring the property is accessible at the scheduled time. If we arrive and cannot access the property through no fault of our own, the booking is subject to the same-day cancellation policy.

Property readiness.

The property is expected to be "camera ready" at the start of the scheduled window. This includes interior cleaning, furniture staging, lights on, blinds and curtains opened as desired for the shoot, vehicles moved from driveways and frontage, pets contained, and personal items put away. We are not a cleaning or staging service.

If we arrive and the property is not ready, we will photograph it as-found ("as-is") rather than reschedule. The client can request a reshoot — billed as a separate engagement — once the property is prepared.

Input is welcome. If the client or their seller wants to walk through and flag preferred angles before we shoot, we recommend meeting us at the start of the appointment or noting it in the order comments. Absent specific direction, we use professional judgment about what angles will best market the property.

Payment terms.

Payment is due upon delivery of the final media unless otherwise agreed in writing. We accept payment through our ordering portal and standard methods (card, ACH). Watermarked previews are available before payment; full-resolution delivery is unlocked on payment.

Balances unpaid after 45 days result in account hold — no new orders accepted, deliveries on existing accounts paused — until the balance is cleared. Balances unpaid after 90 days may be referred to collections. Late fees of 1.5% per month, or the maximum allowed by Oklahoma law (whichever is lower), apply to outstanding balances after 30 days.

Recurring clients may be set up on net terms by separate written agreement.

How we shoot — on-site, no AI.

Every shoot we deliver is captured on-site by a licensed professional. We do not generate, fabricate, or synthesize imagery using AI tools. Standard professional editing — exposure, color correction, white balance, lens correction, item removal of distracting elements not part of the property — is performed and disclosed using the VIDP open standard where applicable. Any composite imagery (e.g., flash blending for window pulls) is real photography combined from real bracketed exposures of the same scene.

We do not perform virtual staging, sky replacement, or other transformative edits unless specifically requested in writing, and those services — when offered — are disclosed to the client and tagged using VIDP pills so they can be properly disclosed downstream.

Image rights & licensing.

Copyright

Under U.S. copyright law and these terms, copyright in all images, video, and other media we produce remains the property of Kennith Wheeler Photography LLC. The client receives a license to use the work as described below — not ownership of the underlying copyright.

What the client can do

Upon full payment, the client receives a perpetual, non-exclusive, royalty-free license to use the delivered media for:

• Marketing and selling the specific property the media was shot for (MLS, social media, listing brochures, agent websites, broker promotions, third-party real estate aggregators)
• The client's personal portfolio of past work as a real estate agent or brokerage
• Use within the client's own brand marketing, with appropriate context

What the client cannot do

• Transfer, resell, or sublicense the media to third parties not involved in the original transaction
• Provide the media to a subsequent agent, brokerage, or owner of the property without additional licensing arranged through us
• Allow third-party photo aggregators, AI training datasets, or stock photography services to redistribute the media
• Modify the media in ways that would violate fair-housing law, MLS rules, or the VIDP disclosure standard the work was delivered under
• Remove our copyright credit if it appears in metadata or watermarks

Our retained rights

We retain the right to use sample images from any shoot in our portfolio, on our website, on social media, and in marketing materials, with reasonable discretion to obscure identifying details when properties are occupied. If a client requires absolute confidentiality (luxury listings with privacy concerns, owner-occupied properties with security requirements), this can be arranged in advance for an additional fee.

Re-listing & subsequent owners

If the property is re-listed by a different agent or sold to a new owner who wishes to use our media, a separate license is required. We offer simple re-license terms at a small fraction of the original shoot cost.

Delivery & turnaround.

Our standard delivery commitments, measured in business days from the time of the shoot:

• Next business day: HDR photography, exterior bracketed sets, drone stills, twilight enhancements
• Second business day: 2D floor plans, drone video, cinematic walkthrough video, social cuts
• Three to five business days: Matterport 3D tours, larger commercial shoots, multi-property packages

Media is delivered via secure download link in MLS-sized JPGs and full-resolution originals. Links remain active for 30 days; archive copies are retained on our systems for at least one year from the shoot date. After that, the client is responsible for permanent storage.

Rush delivery is available on request for an additional fee — useful when there's a hard MLS deadline.

Revisions & complaints.

If delivered media has a clear technical issue — exposure problems we should have caught, missing requested shots, processing errors — let us know within 14 days of delivery and we'll re-edit or reshoot at no charge. Subjective revisions (preferring a different angle than the one shot, wanting different staging) are billable.

Property condition & access.

We are not responsible for the staging, cleanliness, or visual condition of the property at the time of the shoot. We will photograph the property as we find it. The pre-shoot checklist we provide is intended to help the client and seller prepare; we do not perform staging or cleaning services. We are not responsible for damage to the property except as a direct result of our negligence; we carry general liability insurance for that purpose.

Drone operations.

Drone work is performed under FAA Part 107 certification. We will not fly in restricted airspace, in unsafe weather, or in violation of any FAA regulation, even when requested. If a property's location prevents safe or legal drone operation, we will inform the client and arrange refund or substitution.

Releases & authorizations.

By booking with us, the client warrants that they are authorized to commission photography of the property in question, and that they have obtained any necessary permissions, releases, or authorizations from the property owner, current occupants, and any other parties with an interest in the property or its likeness — including but not limited to architectural copyright holders where applicable.

The client further warrants that the property owner and any occupants have waived any reasonable expectation of privacy with respect to imagery captured for marketing the listing. We do not independently verify these permissions; the client is the appropriate party to obtain them.

The client agrees to indemnify and hold harmless Kennith Wheeler Photography LLC against any claims arising from the absence of, or any defect in, these permissions — including third-party claims relating to privacy, publicity, or intellectual property rights in the property or its surroundings.

Indemnification & hold harmless.

In addition to the indemnification in the preceding section, the client agrees to indemnify and hold Kennith Wheeler Photography LLC, its officers, employees, contractors, and assigns harmless from any claims, damages, costs, or expenses (including reasonable attorney's fees) arising from: the client's use of the delivered media in violation of these Terms or any applicable law (fair housing, MLS rules, false advertising); the client's breach of any warranty or representation under these Terms; or any negligent or intentional acts of the client, the property owner, or their representatives during or after the shoot.

Limitations of liability.

Our total liability for any claim arising from our services is limited to the amount the client paid for the specific project giving rise to the claim. We are not liable for indirect, consequential, incidental, special, or speculative damages — including but not limited to lost sales, delayed closings, lost commissions, or alleged loss of business — even if we have been advised of the possibility of such damages.

Governing law.

These terms are governed by the laws of the State of Oklahoma. Any dispute arising from these terms or our services will be resolved in the state or federal courts located in Grady County, Oklahoma, unless the parties agree in writing to mediation or arbitration.

Changes to these terms.

We may update these terms from time to time. The "Last updated" date above will reflect the most recent revision. Terms in effect at the time of booking govern that booking; subsequent changes apply to subsequent bookings.