These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” “your”) and Phase One Visuals (“Company,” “we,” “us,” “our”), governing your access to and use of our website (phaseonevisuals.com), our booking platform, and our real estate and construction media services (collectively, the “Services”).
By accessing our website, submitting a booking or inquiry form, or otherwise using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, and you acknowledge our collection and use of your information as described in our Privacy Policy. If you do not agree to these Terms, you must not use our Services.
You represent that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are entering into these Terms on behalf of a company, other legal entity, or another individual (such as a primary real estate agent or property owner), you represent that you have the authority to bind them.
Phase One Visuals provides visual marketing media (“Media”) including but not limited to photography, videography, 3D virtual tours, drone/aerial imaging, floor plans, and construction progress documentation.
We are not licensed home inspectors, structural engineers, appraisers, architects, surveyors, or environmental assessors. All Media is produced for marketing and promotional purposes only. It is not a substitute for professional inspection, appraisal, engineering assessment, or legal survey.
All floor plans and measurements labeled as “Approximate Measurements” or similar are estimates derived from our photographic and scanning processes. The Client acknowledges that these are not architectural or legal documents and are not guaranteed for accuracy. The Client agrees to hold the Company harmless for any measurement discrepancies, dimensional errors, or omissions in floor plan deliverables.
Photography and editing are subjective disciplines. While we deliver Media consistent with the quality standards of the selected service package, the Company is not liable for disputes arising from subjective aesthetic preferences regarding composition, lighting, color grading, or editing style, provided the Media meets the objective specifications of the ordered package. We will make reasonable efforts to accommodate revision requests; revision policies may vary by package and are set forth in the applicable package description or service agreement.
Pricing for real estate photography packages is tiered by the property’s gross square footage according to our published pricing grid, available on the pricing section of our website. Construction and custom project pricing is quoted on a per-project basis. All prices are in US dollars.
Under our Zero-Check-Chasing Model, all high-resolution Media is held until full payment is received. Low-resolution previews may be provided upon request at our discretion. Payment is due upon invoice unless a separate payment schedule has been agreed in writing.
Our Client Hub at phaseonevisuals.com/hub/ allows clients to browse service packages, select add-on services, and place orders. Payment is processed through our integrated payment gateway (Stripe). For orders placed through the Hub: (a) full payment or a 50% deposit is required to confirm your booking; (b) any remaining balance is due before final media delivery; (c) completed media is delivered via a private, link-based gallery (anyone with the gallery link may access it — clients are responsible for keeping their link confidential); (d) gallery access is guaranteed for 180 days from delivery; (e) media may be withheld or delivered with limited resolution until full payment is received. The Company reserves the right to remove hosted media after the 180-day hosting period. Clients are encouraged to download and back up all media immediately upon delivery.
Travel to and from shoot locations within our standard service radius (see Coverage section on our website) is included. Travel outside that radius is billed at the current IRS Standard Mileage Rate for business use of a personal vehicle, calculated round-trip from our base in Hopewell, NJ, unless otherwise agreed in advance.
Once Media has been delivered and payment has been processed, refunds are governed by our Cancellation and Rescheduling policy (Section 4). In the event of a payment dispute, the Client agrees to contact us directly before initiating a chargeback with their financial institution. Chargebacks filed without prior good-faith attempt to resolve the dispute directly with us may result in suspension of Services and forfeiture of any pending deliverables.
We photograph and film properties exactly as they appear upon our arrival (“As-Is”). We do not clean, declutter, move furniture, arrange staging, open or close window treatments, or handle trash or personal effects. It is the Client’s sole responsibility to ensure the property is “photo-ready” at the scheduled shoot time.
If a property is not photo-ready upon arrival, the Client may choose one of the following:
The Digital Cleanup service may involve automated image processing tools, including artificial intelligence or machine learning software provided by third parties. By selecting this option, you acknowledge and agree that Media may be transmitted to third-party service providers for the purpose of AI-assisted image retouching. We make reasonable efforts to use providers who do not retain Media for model training. If you have concerns about AI processing, notify us prior to the shoot and we will discuss alternative retouching methods.
Cancellations or rescheduling requests made within 48 hours of the scheduled shoot time are subject to a non-refundable $100.00 Trip Fee. Cancellations made more than 48 hours before the scheduled shoot time are not subject to a fee. To cancel or reschedule, contact us at info@phaseonevisuals.com.
In the event of inclement weather that would materially degrade the quality of exterior photography (heavy rain, snow, extreme winds, etc.), we will notify the Client and reschedule at no additional charge. If our photographer is unable to attend due to illness, emergency, or circumstances beyond reasonable control, we will notify the Client as soon as practicable and reschedule at no charge. Our sole liability in these events is the rescheduling of the shoot or, if rescheduling is not feasible, a full refund of any fees paid.
In Plain English: You own your property. We own the photos we take of it. When you pay us, you get a license to use those photos to market that specific property listing. You can't give or sell the photos to another agent, builder, or third party — they need their own license. We may use the photos in our portfolio to show future clients what we can do, unless you ask us not to. Media is guaranteed to be hosted for 180 days after delivery; after that, please download and back up your files.
The Company is and remains the sole author and copyright owner of all Media created under these Terms. This is not a “Work-Made-For-Hire” agreement under the United States Copyright Act (17 U.S.C. § 101). All rights not expressly granted herein are reserved by the Company.
Upon full payment, the Company grants the Client a non-exclusive, non-transferable, non-sublicensable, revocable (in accordance with these Terms) license to use, reproduce, display, and distribute the Media solely for the purpose of marketing the specific property listing identified at the time of booking (“Permitted Use”). This license is coterminous with the active listing of the subject property. Upon sale, lease, withdrawal, or expiration of the listing, the license terminates automatically.
Notwithstanding the above, the property owner (if different from the Client) may retain and display the Media for personal, non-commercial use after the listing period ends. This personal use right does not extend to subsequent listing agents, builders, contractors, stagers, interior designers, or any other commercial third party.
This license is for the named Client only. Builders, general contractors, subcontractors, stagers, interior designers, architects, subsequent listing agents, or any other third party must purchase their own license directly from the Company before using the Media for any commercial purpose, including their own marketing, website, social media, or portfolio. Nothing in these Terms confers rights on any third-party beneficiary.
Interactive 360-degree tours, video files, and other hosted deliverables are guaranteed to be available for a minimum of 180 days from the date of delivery. After 180 days, the Company may remove hosted content from its servers. Permanent archival and backup is the sole responsibility of the Client. We recommend downloading and backing up all deliverables immediately upon receipt.
We respect intellectual property rights. If you believe your copyrighted work has been infringed through our Services, please see our DMCA Copyright Policy (Section 11).
The Client warrants and represents that they possess all necessary legal authority, permission, and consent from the property owner and any occupants to permit the Company and its personnel to enter, photograph, film, and otherwise document the property. The Client agrees to provide written proof of such authority upon request.
The Client is responsible for ensuring a safe working environment at the property, including but not limited to:
The Company reserves the right to decline or immediately cease work at any property where its personnel reasonably believes there is a safety risk, hazard, or unsafe condition. In such event, the Cancellation & Rescheduling policy (Section 4) shall apply, and if the unsafe condition was within the Client’s control, the $100.00 Trip Fee will be charged.
The Client agrees to indemnify, defend, and hold harmless the Company and its employees, contractors, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
This indemnification does not extend to claims arising from the Company’s own negligence, gross negligence, willful misconduct, or violation of law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL MEDIA ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOST DATA, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY’S TOTAL, AGGREGATE LIABILITY TO THE CLIENT FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO THE COMPANY FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Nothing in this section limits or excludes the Company’s liability for: (a) death or personal injury caused by the Company’s negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any other liability that cannot be excluded or limited under applicable law (including, where applicable, mandatory liability provisions of EU consumer protection law).
These limitations are intended to be as broad and inclusive as permitted by the laws of the State of New Jersey, including the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), as amended. If any provision of this section is found to be unenforceable under New Jersey law, that provision shall be severed or reformed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
In addition to the specific indemnification in Section 6, the Client agrees to indemnify, defend, and hold harmless the Company from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) the Client’s breach of these Terms; (b) the Client’s violation of any law, regulation, or third-party right; or (c) any claim that content, information, or materials provided by the Client infringe a third party’s intellectual property or privacy rights.
The Company agrees to indemnify, defend, and hold harmless the Client from and against any third-party claim that the Media, as delivered and used in accordance with the Permitted Use, infringes any United States copyright or trademark right. This obligation is subject to the Client: (a) promptly notifying the Company of the claim; (b) granting the Company sole control of the defense and settlement; and (c) providing reasonable cooperation. The Company may, at its option: (i) procure the right for continued use; (ii) modify the Media to be non-infringing; or (iii) if neither is commercially feasible, refund the fees paid for the infringing Media.
Before initiating any formal legal proceeding, both parties agree to attempt to resolve any dispute informally. The complaining party shall send a written notice describing the dispute to the other party. The parties shall then make a good-faith effort to resolve the dispute within 60 days of receipt of the notice.
Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between the parties shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time the arbitration is filed. The arbitration shall be conducted in Mercer County, New Jersey, or via videoconference at the mutual agreement of the parties.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL.
You may opt out of this arbitration provision within 30 calendar days of the date you first agree to these Terms. To opt out, you must send a written notice to info@phaseonevisuals.com that includes: (a) your full name; (b) your email address associated with your account; and (c) a clear statement that you are opting out of the arbitration provision. If you validly opt out, the arbitration provision shall not apply to you, and disputes shall be resolved in court as set forth in Section 10.
Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, or to address claims within small claims court jurisdiction, without first engaging in arbitration.
For claims of $10,000 or less, the Company will pay all AAA filing, administration, and arbitrator fees. For claims exceeding $10,000, the parties shall share equally in AAA fees, except that the arbitrator may reallocate fees as permitted by AAA rules. Each party bears its own attorneys’ fees unless the arbitrator determines a statutory or contractual basis for fee-shifting.
If you are a consumer residing in the European Union, United Kingdom, or Switzerland, nothing in this arbitration provision deprives you of the right to bring a claim in the courts of your country of residence under applicable consumer protection law, and any arbitration clause that would have that effect shall not apply to you.
These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For claims not subject to arbitration (pursuant to Section 9), the parties consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Mercer County, New Jersey.
Notwithstanding the foregoing, if you are a consumer residing in the European Union, the United Kingdom, or Switzerland: (a) you may bring proceedings in the courts of your country of residence; (b) the mandatory consumer protection laws of your country of residence shall apply to the extent they provide greater protection than New Jersey law; and (c) nothing in these Terms limits your rights under the Brussels I Regulation (Recast) (EU 1215/2012) or equivalent UK legislation.
We respect the intellectual property rights of others and expect users of our Services to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, we will respond to valid notices of alleged copyright infringement.
If you believe that material available through our Services infringes your copyright, please send a written notification containing the following information to our designated agent:
Send DMCA notices to: info@phaseonevisuals.com (Subject: “DMCA Notice”).
If you believe material you posted was removed in error, you may file a counter-notification. Upon receipt of a valid counter-notification, we will forward it to the original complaining party and may restore the material within 10–14 business days unless the complaining party files a court action.
We reserve the right to terminate the accounts or access of users who are repeat infringers of copyright.
You agree not to use the Services to:
We reserve the right to investigate and take appropriate legal action against anyone who violates this Acceptable Use section, including reporting to law enforcement authorities.
Upon full payment, clients receive high-resolution media as specified in their selected service package. Clients agree not to materially alter, misrepresent, or falsely attribute the Media in a way that damages the Company's reputation or misleads third parties about the origin of the work. Unauthorized distribution of Media beyond the Permitted Use described in Section 5 is a material breach of these Terms.
Our Services integrate with third-party platforms, including but not limited to Stripe (payment processing), Google Firebase (data hosting, authentication, and media storage), and Google Fonts (font delivery). Use of these services is subject to their respective terms of service and privacy policies, which we encourage you to review.
We are not responsible for the availability, accuracy, content, or practices of third-party services. Your interactions with third-party services are solely between you and the third party, and the Company disclaims all liability arising from such interactions.
We may suspend or terminate your access to the Services, in whole or in part, at any time and without prior notice, if: (a) you breach any provision of these Terms; (b) your conduct creates risk or legal exposure for us; (c) you engage in fraudulent, illegal, or abusive behavior; or (d) we discontinue the Services (in which case we will provide reasonable notice where practicable).
You may discontinue use of the Services and terminate these Terms at any time by ceasing to use our website and notifying us in writing. Termination does not relieve you of any payment obligations incurred prior to termination.
Upon termination, all rights and licenses granted to you under these Terms shall immediately cease. Provisions that by their nature should survive termination shall survive, including but not limited to: Intellectual Property (Section 5), Limitation of Liability (Section 7), Indemnification (Section 8), Dispute Resolution & Arbitration (Section 9), Governing Law & Jurisdiction (Section 10), and General Provisions (Section 18).
Upon termination, you may request deletion of your personal data in accordance with our Privacy Policy. Media delivered prior to termination remains subject to the license terms in Section 5.
We may modify these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. We will notify you of material changes by: (a) posting the revised Terms on this page with a revised effective date; and (b) posting a notice on our website at least 30 days before the material changes take effect. For active clients, we will also endeavor to notify you via email.
Your continued use of the Services after the effective date of the revised Terms constitutes acceptance of the changes. If you do not agree to the revised Terms, you must discontinue use of the Services before the changes take effect.
The Company shall not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure results from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, fire, flood, earthquake, severe weather, epidemic, pandemic, public health emergency, war, terrorism, civil unrest, riot, government order, law, or regulation, labor dispute or strike, utility or telecommunications failure, internet disruption, or third-party service outage.
These Terms, together with our Privacy Policy and any separately executed service agreement, constitute the entire agreement between you and the Company concerning the subject matter hereof and supersede all prior or contemporaneous oral or written agreements, representations, or understandings.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.
The Company’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.
You may not assign or transfer any of your rights or obligations under these Terms without the Company’s prior written consent. The Company may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and the Company. The Company is an independent contractor in the performance of the Services.
All notices to the Company under these Terms shall be sent to info@phaseonevisuals.com. Notices to you may be sent to the email address you provided at booking or via a general posting on the website.
Section headings are for convenience only and have no legal or contractual effect.
If you have questions about these Terms, please contact us:
Email: info@phaseonevisuals.com
Postal: Phase One Visuals, Hopewell, NJ 08525, United States
Also review our Privacy Policy.