Last updated: April 17, 2026
These Terms of Service (“Terms”) govern all media services provided by Sparks Media Group (“Provider,” “we,” “us,” or “our”) to the party ordering those services (“Client,” “you,” or “your”). By placing an order with Sparks Media Group, you agree to be bound by these Terms.
[1] Definitions
“Image(s)” means all visual representations, whether photos, video, 3D virtual tours, or other media furnished to the Client by Sparks Media Group and its affiliated providers (“Provider”), whether captured, delivered, or stored in photographic, electronic, or any other media. Unless otherwise specified, Provider may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Provider may select, at a resolution that Provider determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. Unless otherwise specifically provided elsewhere in this document, Provider has no obligation to retain or archive any of the Images after they have been delivered to Client. Client is responsible for attending or sending an authorized representative to the assignment. Client agrees to accept Provider’s judgment as to the suitability and acceptability of the Images captured during the assignment.
[2] Artistic Interpretation
Provider will provide images, video, 3D virtual tours, and similar deliverables that are consistent with the deliverables and business practices of Provider. Client is responsible for attending or sending an authorized representative to the assignment. Client agrees to accept Provider’s judgment as to the suitability and acceptability of the Images, video, 3D tours, etc., captured during the assignment. We use wide-angle lenses to capture spaces and show more of what a real eye would see. Because of these wide-angle lenses, combined with certain angles and certain room sizes, some images can be distorted (rooms, items in the rooms, etc.). We try to minimize this as much as possible. We do try to photograph each room from several angles to give options as to what images to use. Some angles that you may have expected or asked for may not be included if they do not fit within our deliverables and business practices. If you would like specific shots, please note them in the notes section at the time the order is placed; additional fees may be involved for capturing these specific shots. As with photography, videography is an art form and open to artistic interpretation. Provider assumes Client is ordering services based on doing research of previous examples of work done by Provider. Should a change need to be made to a video (slideshow or moving video), there could be fees associated, including but not limited to travel time back to the property and fees associated with editing costs and labor. Deliverables of video media are provided consistent with Provider’s business practices and may not be altered to meet Client’s needs.
[3] Delivery and Rights
Standard Media, defined as photos taken prior to 4:00 p.m., are delivered usually by 12:30 p.m. the day following your appointment. After Hours Media, defined as photos taken after 4:00 p.m., are delivered usually by 12:30 p.m. two business days later. Video, Matterport, iGuide, and floor plans may take an extended time period. Media is delivered into a software platform operated for your convenience, and this software platform may be modified or replaced without notice. When media is delivered, Provider grants to Client only a non-exclusive, royalty-free license for use of the images, video, and other media created or provided by Provider for use by Client and/or Client’s affiliated brokerage firm to carry out normal business tasks associated with offering real estate properties to the public for sale or lease. Provider retains a perpetual, royalty-free license to utilize the media it creates for Client to promote Provider’s services and offerings in a variety of public and private communications channels. Client may not authorize use and/or transfer use of images or media to others without Provider’s prior consent (for example, Client may not authorize a stager to use photos of a staged home without consent of Provider). Custom URLs are ordered at the time the order is placed based on the address entered. An algorithm automatically selects the best URL for the address. If you’d like a specific URL, please note it in the order notes and one will be ordered. If it is not available, a suitable replacement selected by Provider will be ordered. Custom URLs can be changed for an additional charge.
[4] Payments
Client is responsible for payment in full at the time the order is placed. All fees and expenses payable under this agreement are required irrespective of whether Client makes actual use of the media or the licenses to use them. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for additional Images, fees, and expenses that could not be confirmed in writing because of insufficient time or other practical considerations.
[5] Storage of Media
Upon delivery of media to Client via Provider’s system(s), Client is responsible for downloading and archiving photographic media on Client’s own storage systems. As part of its service offering, Provider offers storage of photos and other media on its systems for the life of the listing, or twelve (12) months, whichever is first. Provider may allow for longer storage of media on its systems at its own discretion. For Matterport or iGuide service, there is an annual hosting fee that applies after the first twelve-month hosting period. Please contact Provider for storage fee rates.
[6] Reshoots
Client will be responsible for a fee for any reshoot required by Client that is not the result of any material defect to Images or media caused by Provider, including but not limited to specific shots captured. Client agrees that Provider works in all weather conditions, and Client is responsible for ensuring in advance that anticipated weather conditions are acceptable to Client. Client is responsible for ensuring the property is ready to photograph when Provider arrives, including light fixtures in good working order and window treatments set to Client’s wishes. Client understands that if Provider arrives ready to work and the property is not ready, additional fees will be involved if Provider must wait on site, or if a reschedule or reshoot is required. For any reshoot required because of any reason outside the control of Client, specifically including but not limited to acts of God, nature, war, terrorism, or civil disturbance, Provider will charge no additional fee, but Client will pay all normal expenses associated with the assignment.
[7] Rescheduling, Cancellations, and Refunds
Should Client need to modify or cancel a confirmed appointment for any reason, Client is responsible for notifying Provider no later than 24 hours prior to the appointment. If Client modifies or cancels an appointment with less than 24 hours’ notice prior to the shoot, a Late Notice Fee of $75 will be assessed. This Late Notice Fee applies to reschedules, cancellations, and postponements for any reason. For same-day cancellations up to 3 hours prior to arrival, a 50% fee will be charged. This 50% fee is of the entire order total. For notice of cancellations of less than 3 hours — including on-site cancellations, no-shows, and/or no notice given — the full order price will be charged. Requests for refunds made within one week (7 calendar days) of placing the order but with more than 24 hours from the scheduled shoot date/time will be refunded. Requests for refunds past one week (7 calendar days) from the order date and time will result in payment being kept on file as a credit toward a future shoot. Credit on file will expire after one year (365 days) from the original payment date/time if unused. Provider shoots rain or shine. Client is responsible for verifying that the weather conditions will be satisfactory to the Client the day prior to the agreed appointment. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party (e.g., tenants, stagers, painters, landscapers, contractors, subcontractors, etc.). Custom URL fees will not be refunded.
[8] Appointment Times
Provider will make every attempt to arrive at the requested time of the shoot. We do reserve the right to allow a +/- 30-minute window of arrival due to previous appointments. Please ensure the property is ready to photograph at least 1 hour prior to the scheduled start time. If we arrive on site and the house is not ready to photograph, we will allow for a 10-minute grace period to prepare the house. If the house isn’t ready within those 10 minutes, we will make every attempt to reach the agent. We may have to head to another appointment, which will result in the full order fee being forfeited by Client, OR, if time permits, we may be able to give additional time to prepare and bill according to the amount of time it takes, starting at $25 per each 15 minutes billed at the start of the 15-minute block. Example: scheduled shoot time is 1:00 p.m.; we don’t start until 1:30 p.m.; a $50 fee would apply (10-minute grace period plus two 15-minute blocks of time).
[9] Alterations
Client may not make or permit any alterations, including but not limited to additions, subtractions, or adaptations of the Images, alone or with any other material, except for cropping and alterations of contrast, brightness, and color balance that are consistent with reproduction needs.
[10] AI and Digital Manipulation of Media
Client, Client’s agents, brokerage firm, employees, affiliates, and any third parties acting on Client’s behalf are expressly prohibited from using, inputting, uploading, or processing any media provided by Provider — including photos, videos, 3D virtual tours, floor plans, aerial imagery, or any other deliverables — with any artificial intelligence (AI), machine learning, or generative tool for the purpose of altering, modifying, enhancing, re-rendering, retouching, upscaling, object removal or addition, virtual staging, sky replacement, day-to-dusk conversion, grass greening, lawn replacement, furniture replacement, background replacement, or otherwise generating derivative works from the media. This restriction applies regardless of whether the AI or generative tool is standalone, embedded in another platform (including MLS systems, CRMs, listing tools, photo editors, or social media), or operated by a third-party vendor on Client’s behalf. The only permitted alterations remain those set forth in Section [9] above (cropping and minor adjustments to contrast, brightness, and color balance consistent with reproduction needs), and those adjustments must be performed manually — not through generative AI. Any AI-based or generative alteration of Provider’s media is a material breach of this agreement and grounds for immediate revocation of the license granted herein. Client shall remain liable for all applicable fees, damages, indemnification obligations, and Provider’s reasonable legal costs resulting from such breach.
[11] Change Orders
Any change orders must be communicated as soon as possible to ensure proper time and scheduling. Change orders may incur an additional charge as services may change. Change orders may result in an additional trip fee if needed. Video tours are generated automatically 24 hours after the images are uploaded. It is the Client’s responsibility to ensure all information on the listing is accurate (contact info, house details such as square footage, number of beds/baths, etc.). Any revision to video tours will result in a revision fee to be determined by Provider, at a minimum of $50. Revisions include but are not limited to swapping out or removing photos, changing contact info of the agent, house details, etc.
[12] Transfer and Assignment (Use License)
A limited use license for media that Sparks Media Group creates is granted to the Client for the purposes of marketing the property in question. This use license expires once the property sells or at the end of the listing contract, whichever comes first. Client may not assign or transfer this use license, or any rights granted under it. The use license rights denoted herein also do not grant the Client the right to transfer media supplied by Sparks Media Group to another party (e.g., real estate agent, stager, property manager, homeowner, etc.) for any purpose.
[13] Externally Provided Media
Sparks Media Group is a one-stop shop for all media needs. This includes photo, video, floor plans, site plans, aerial (drone) photos and video, 3D virtual tours, etc. Because of this, we’d prefer you to order all services through us. If you have external media provided by another company, we can upload it to our property websites for a charge. Please see the order form and/or website for current rates for photos, video, floor plans, and site plans.
[14] iGuide and Matterport 3D Virtual Tours
iGuide and Matterport 3D virtual tours (“Virtual Tours”) are hosted for 6 months. If you’d like to extend hosting past 6 months, please contact us for the current fees associated with that. Provider has discretion on the sequence or order of spaces scanned, how the scans are done, where scan points are placed, what items are captured by 3D camera systems, etc., as there are some limitations (such as shooting outside in daylight) where the lasers on the camera cannot pick up measurements, or in extremely dark conditions where a light source isn’t present. Because of this, your tour may be missing some areas that you’d like incorporated, may appear different from other tours, and may not be consistent with similar floor plans or properties. As lasers are used to measure space, we don’t include outside spaces in tours, nor can we guarantee that outside spaces be captured accurately. Various factors can affect the quality of the tour, such as time of day the tour is photographed, window coverings, light coming into the house, mirrors, etc. We do have some flexibility to edit iGuide images to remove some items (charges will apply). We cannot alter or edit any Matterport images. Please contact us if you have a specific question about the limitations of the systems. Matterport and iGuide are hosted platform systems. They may make changes or alterations to specific details of tours and features of tours at any time without any notice and without any repercussions.
[15] Applicable Law
This agreement incorporates by reference the Copyright Act of 1976, as amended. This agreement incorporates by reference those provisions of Article 2 of the Uniform Commercial Code that do not conflict with any specific provisions of this agreement; to the extent that any provision of this agreement may be in direct, indirect, or partial conflict with any provision of the Uniform Commercial Code, the terms of this agreement shall prevail. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the UCITA of any state. Provider is an independent contractor and not an employee. If Provider is deemed under any law to be an employee of Client, and if the Images are therefore considered works made for hire under the U.S. Copyright Act, Client hereby transfers the copyright to all such Images to Provider. Client agrees to execute any documents reasonably requested by Provider to accomplish, expedite, or implement such transfer.
[16] Aerial Photos
Should aerial photography and/or videography be ordered, Provider will try to get the specified number of photos and/or video clips. Certain conditions may limit us from doing that, including power lines, poor/weak signal, trees, and other obstacles. We are capped at flying below a set height (as determined by the FAA) and cannot and will not go over that height. We do not fly in the rain or strong wind.
[17] COVID-19 Terms
If residential real estate has been deemed an essential service in your area, Sparks Media Group will provide service under the following conditions. Do not schedule an appointment if you, your clients, or their tenants are ill, may become ill, or have come into contact with someone who is ill. Turn on all lights, turn off ceiling fans, put down toilet seats, and open window treatments prior to the appointment to minimize the number of surfaces the photographer must touch while in the home. We do require properties be vacant with a combo/lockbox. If someone must grant us access to the property, that’s okay, but we cannot have anyone in the house while we are working, no exceptions. If someone will meet us at the property, please practice social distancing and avoid close contact with the photographer. Maintain a six-foot distance at all times and always wear proper PPE, including but not limited to a face mask. Please avoid shaking hands with the photographer. If the owner, tenant, or agent refuses to leave while we are working, we will not start the shoot and a full order fee will be forfeited by Client. If someone comes into the house while we are working, we will politely give them one warning to vacate while we are working. If they continue to stay in the house or on the property while we are working, we will leave and a full order fee will be forfeited by Client. Please follow all preventive guidelines provided by the Centers for Disease Control: https://www.cdc.gov/. By clicking Agree during your purchase transaction, you agree to hold Sparks Media Group harmless in the event that you or your clients become infected with the COVID-19 virus as a result of Provider performing this service.
[18] Indemnification and Disputes
Indemnification. Client will indemnify and defend Provider against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images, video, 3D tours, or media, or arising out of use of or relating to any materials furnished by Client.
Disputes. Any dispute regarding this agreement shall, at Provider’s sole discretion, either:
(1) be arbitrated in Provider’s City, Provider’s State, under rules of the American Arbitration Association and the laws of Provider’s State; provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof. Client is responsible for paying any arbitration fees; OR
(2) be adjudicated in Provider’s City, Provider’s State, under the laws of the United States and/or of Provider’s State.
(3) In the event of a dispute, Client shall pay all court costs, Provider’s reasonable legal fees and expenses, and legal interest on any award or judgment in favor of Provider.
[19] Damage to Property
Client will ensure that the property is ready to photograph when Provider arrives and understands that, due to liability reasons, Provider will not move any items in order to photograph the house. This includes but is not limited to furniture, items, garbage cans, hoses, etc. Provider may adjust curtains, mini blinds, blinds, and window coverings to achieve the most favorable photo but is not responsible for any damage that may be caused by window coverings breaking, tearing, or falling down. Provider may need to turn off a ceiling fan or television but is not responsible for any damage caused to a ceiling fan or television during the process of turning it off, including but not limited to a television or ceiling fan falling off the wall or ceiling, or any other damage to a television or ceiling fan. Client agrees to hold harmless the Provider and its affiliates.
Contact
Questions about these Terms of Service? Contact us at order@sparksmediagroup.com or 510-863-1912.