Terms of Service

1. About these Terms

These Terms of Service (“Terms”) are an agreement between you and Plot Photography, a sole proprietorship owned by Jon Masiello (“Plot Photography,” “we,” “us,” or “our”).

These Terms apply when you use plotphotography.com (the “Site”) or order any of our services, including real estate photography, video, virtual tours, floor plans, marketing kits and related services (the “Services”).

“You” means the person or business ordering or using the Services, usually a real estate agent, broker, team or brokerage (“Client”).

By placing an order, booking a shoot, or using the Site, you agree to these Terms. If you do not agree, please do not use the Site or Services.

2. Service area

We serve Sarasota, Manatee, Pinellas and Hillsborough counties in Florida. Shoots outside these four counties may have a travel fee. We will tell you the amount before you book, and there is no travel fee inside our service area.

3. Ordering and booking

• Orders are placed through our ordering platform, HD PhotoHub, or by contacting us directly.
• A booking is confirmed only when you receive a confirmation from us or from HD PhotoHub.
• Prices are shown on the Site, in HD PhotoHub, or in a quote. Prices may change, but the price at the time you book will apply to that order.
• Please give accurate property details, including address, approximate square footage, access instructions and any special requests. Prices for some Services are based on square footage. If the property is much larger than stated, we will contact you before adjusting the price.
• By ordering, you confirm that you have permission from the property owner (or the person legally in control of the property) for us to enter the property and to photograph and film it.

4. Property preparation and access

• You (the Client), together with the homeowner, are solely responsible for making sure the property is clean, staged, and photo-ready before the photographer arrives.
• Plot Photography does not clean, move furniture, or declutter. We photograph the property exactly as we find it.
• We are not responsible for how unprepared items look in the photos or other Media, such as clutter, dirt, personal items, cars, trash cans, pets, or lights that are off or burned out.
• Editing cannot fix every problem caused by an unprepared home. Removing clutter or other items in editing is an extra service and may cost extra (see Section 9).
• If the home was not prepared and you want any part of it photographed again, the re-shoot is charged at our standard rates.
• To help you get ready, see the Home Ready for Photography Checklist at the end of these Terms (Appendix A).
• You are responsible for giving us access at the scheduled time, such as a lockbox code, gate code, or a person on site.
• Please secure pets, valuables, and private items (such as personal photos, documents and medication) before the shoot.
• If we arrive and cannot get in, or the property is not ready and the shoot cannot go ahead, a trip fee of $50 may apply. We will wait at least 15 minutes and try to reach you before leaving.
• We do not charge a waiting fee. If a delay on your side means we cannot finish in the time booked, we may need to shorten the shoot or reschedule the rest.

5. Payment

• Payment is due at the time you place your order.
• We accept payment by credit card and debit card only, through HD PhotoHub and our ordering platform’s payment processor.
• If a payment does not go through, we will hold your media until payment is received in full.
• If your account has unpaid balances, we may decline new bookings until they are paid.
• You are responsible for any bank or collection costs we have because of a returned or disputed payment that turns out to be valid.

6. Rescheduling and cancellation by you

• You may reschedule or cancel at no charge with at least 24 hours’ notice before the scheduled start time.
• Rescheduling or cancelling with less notice may result in a late cancellation fee of $50.
• If you cancel on the day of the shoot after we are on the way, or after we arrive, a $50 fee applies (the same as the late cancellation fee; we do not charge both).
• Please reschedule or cancel through HD PhotoHub, by email at [email protected], or by phone or text at (941) 207-8994.

7. Rescheduling and cancellation by us

• Sometimes we may need to reschedule because of illness, emergency, equipment failure, unsafe conditions or other events outside our control. If that happens, we will contact you as soon as we can and offer a new time.
• If we cancel and you do not want to reschedule, we will refund what you paid for the Services we did not perform. That refund is your only remedy for our cancellation.
• Weather. Exterior and twilight shoots depend on the weather. If weather prevents the shoot, we will reschedule it at no extra charge, and no cancellation fee applies.

8. Delivery

• Edited photos are delivered through HD PhotoHub within 24 hours after the shoot. Some Services, such as video, floor plans, virtual tours, or virtual staging, may take longer, usually 48 to 72 hours.
• Delivery times are estimates, not guarantees.
• Please download and save your files. Files stay available for at least 1 year after delivery. After that, we may remove them, so we do not guarantee that files will be stored forever.

9. Editing, revisions and re-shoots

• Our editing includes color and exposure correction, lens and perspective correction, window pulls, sky replacement when needed, and minor touch-ups such as removing small cords or spots.
• If you are not happy with the editing, please tell us within 7 days of delivery. We will make reasonable edit corrections at no charge.
• Special requests, such as removing permanent objects, changing paint or flooring colors, or heavy object removal, may cost extra. We will quote the price before doing the work.
• If we made a mistake that cannot be fixed by editing, we may offer a re-shoot of the affected areas at no charge. Re-shoots needed because the home was not prepared are charged at our standard rates. Re-shoots needed because of changes you ask for after the shoot are also charged at our standard rates. We will quote the price before booking.

10. Virtual staging and image editing

• Virtually staged or heavily edited images can change how a property looks. You are responsible for following MLS rules, Florida real estate advertising rules, and the rules of your brokerage, including any rule that requires you to label virtually staged images.
• We will not knowingly make edits that hide defects or misrepresent a property, such as removing cracks, water damage or power lines, and we may refuse such requests.

11. Floor plans and measurements

Floor plans, square footage and measurements we provide are estimates for marketing purposes only. They are not surveys or appraisals and may not be exact. Do not rely on them for buying, selling, financing, building or legal purposes. You are responsible for checking measurements before you publish them.

12. Copyright and ownership

• Plot Photography owns the copyright in all photos, video, virtual tours, floor plans, marketing materials, and other work we create (the “Media”). Paying for the Services gives you a license to use the Media, as described in Section 13. It does not transfer ownership or copyright.
• We may use the Media to promote our business, such as on our website, social media, and portfolio, and to enter it into contests. We will not publish private details such as lockbox codes. We will wait until a listing is public (for example, live on the MLS) before posting its images in our portfolio, and we will not include the street address without your permission.

13. Image license for the Client

When you have paid in full, we give you (the Client who ordered the Services) a non-exclusive, non-transferable license to use the Media to market and sell or lease the specific property that was photographed (“the Listing”).

You may:

• Post the Media to the MLS and to listing websites that receive it from the MLS or from you (such as Zillow, Realtor.com, and brokerage websites).
• Use the Media on your own website, social media, email campaigns, flyers, brochures, signs, and print ads to market the Listing.
• Share the Media with the property owner for viewing only, not for their commercial use.
• Use the Media in your own portfolio to show the listings you have represented, including after the Listing has sold or your listing agreement has ended.

You may not, without our written permission:

14. Client responsibilities

You agree that:

• You have the right to authorize us to enter, photograph, and film the property.
• You have told the owner and any occupants that the shoot will take place.
• You will tell us about any safety concerns, such as pets, alarms, pools, construction, or structural problems.
• You will use the Media only as allowed in Section 13 and in line with all laws and MLS rules.

15. Damage and safety

We take care when working in a property. If you believe we damaged something, tell us within 48 hours of the shoot so we can look into it. We are not responsible for damage caused by the condition of the property, by items left in unsafe places, or by pets. We may refuse to shoot or leave a property if we believe it is unsafe.

16. Website use

• You may use the Site only for lawful purposes.
• Do not try to hack, overload, or disrupt the Site, or copy content from it without permission.
• Content on the Site, including photos, video, and text, is owned by Plot Photography and protected by copyright.
• The Site may link to third-party sites, such as HD PhotoHub and Tour Factory. We do not control those sites and are not responsible for them. Your use of them is subject to their terms.

17. Disclaimer of warranties

We work hard to deliver great results. However, except as stated in these Terms, the Site and Services are provided “as is” and “as available.” To the fullest extent allowed by law, we do not make any other promises or warranties, including warranties of merchantability, fitness for a particular purpose, or that the Media will help sell a property, sell it at a certain price, or sell it within a certain time. We do not promise that the Site or third-party platforms will always be available or free of errors.

18. Limitation of liability

To the fullest extent allowed by law:

• Our total liability to you for any claim related to the Site, the Services, or these Terms is limited to the amount you paid us for the specific Services that the claim is about.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, such as lost commissions, lost sales, lost profits, a delayed closing, or loss of business, even if we were told these damages were possible.
• We are not liable for delays or failures caused by HD PhotoHub, Tour Factory, payment processors, the MLS, internet providers, or other third parties.

Some laws do not allow certain limits on liability. In that case, these limits apply as far as the law allows.

19. Indemnification

You agree to defend and hold harmless Plot Photography and Jon Masiello from claims, damages, and costs (including reasonable attorney’s fees) that come from: (a) your use of the Media outside the license in Section 13; (b) your failure to get the property owner’s permission; (c) inaccurate information you gave us; or (d) your breach of these Terms.

20. Events outside our control

We are not responsible for delays or failures caused by events outside our reasonable control, such as hurricanes, tropical storms, severe weather, floods, power or internet outages, illness, road closures, government orders, or failures of third-party platforms.

21. Governing law and disputes

• These Terms are governed by the laws of the State of Florida, without regard to its conflict of law rules.
• If a dispute comes up, please contact us first. We will try in good faith to resolve it informally.
• If we cannot resolve it, any lawsuit must be filed in the state or federal courts located in Manatee County, Florida, and you and we agree to those courts’ jurisdiction. Small claims may be brought in any Florida small claims court that has jurisdiction.

22. Changes to these Terms

We may update these Terms from time to time. We will change the “Last updated” date at the top. The Terms in effect when you place an order apply to that order.

23. Other terms

• If any part of these Terms cannot be enforced, the rest stays in effect.
• If we do not enforce a part of these Terms, that does not mean we give up the right to enforce it later.
• These Terms, together with any written quote or order confirmation, are the full agreement between you and us about the Services. If a written quote signed or confirmed by us conflicts with these Terms, the quote controls for that order.
• You may not transfer your rights under these Terms without our written permission.

24. Contact us

Appendix A: Home Ready for Photography Checklist

Use this checklist to get the home photo-ready before your Plot Photography appointment. Everything on this list should be done before the photographer arrives. We photograph the home exactly as we find it. We do not clean, move furniture, or declutter.