Terms of
Service

Acceptance of Terms

By engaging Prism Media ("Prism," "we," "us," or "our") for any photography, editing, or licensing services — whether through our website, email, telephone, or any other channel — you ("Client") agree to be fully bound by these Terms of Service ("Terms") in their entirety.

If you are entering into this agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the legal authority to bind that entity to these Terms. If you do not agree to these Terms, you may not engage Prism's services.

Prism reserves the right to update or modify these Terms at any time without advance notice. The most current version will be published on our website. Continued engagement of our services following any modification constitutes your acceptance of the revised Terms.

Services Offered

Prism Media provides premium visual media services for real estate professionals, property owners, developers, and commercial clients. Our core service offerings include:

• Interior & exterior property photography — Professional HDR and architectural photography of residential and commercial properties, including aerial drone imagery where permitted and applicable.
• Professional photo editing & retouching — Post-production editing, color grading, exposure correction, and image optimization tailored for MLS platforms, digital marketing, and print applications.
• Image licensing & usage rights — Grant of a limited, non-exclusive license to use delivered images for defined purposes, as further described in Section 7 of these Terms.

Service packages, descriptions, and pricing are subject to change without prior notice. The specific package confirmed at the time of booking will be honored at the quoted price for that booking.

Booking & Scheduling

All bookings must be made through Prism's official booking channels. A booking is considered confirmed only upon receipt of any required deposit and written or electronic confirmation from Prism. Verbal commitments do not constitute a confirmed appointment.

The Client is responsible for providing accurate and complete property information at the time of booking, including the full address, property type, approximate square footage, access instructions, and any relevant site conditions or restrictions. Errors or omissions that result in delays, rescheduling, or inability to complete the booked service may be subject to additional fees.

Prism will make every reasonable effort to arrive at the property on schedule. In the event of an unforeseen delay attributable to Prism, the Client will be notified as early as practicable. Prism accepts no liability for delays caused by circumstances outside our reasonable control.

Appointment windows are allocated based on the estimated scope of the booked service. If on-site conditions require significantly more time than anticipated — due to undisclosed property size, scope changes requested on-site, or failure to provide timely access — a supplemental session fee may apply at Prism's discretion.

Payment & Pricing

All fees are quoted in United States Dollars (USD). Prism accepts payment via Stripe (credit and debit card). Payment is due in accordance with the following schedule:

• Deposit — A deposit of up to 50% of the total session fee may be required at the time of booking to secure the appointment. The deposit amount will be clearly disclosed prior to booking confirmation.
• Remaining balance — Any balance outstanding after the deposit is due prior to or upon delivery of final edited images, unless an alternative arrangement is agreed upon in writing before the shoot date.
• Late payment fee — Invoices or balances unpaid beyond their stated due date are subject to a late fee of 1.5% per month (18% per annum), or the maximum rate permitted by applicable law, whichever is lesser, calculated on the outstanding balance from the date due until the date of full payment.
• Rush services — Requests for same-day or expedited delivery turnaround are subject to a rush surcharge disclosed at checkout. Rush availability is subject to current scheduling capacity.

Prism reserves the right to withhold delivery of final images until full payment has been received and cleared. Chargebacks or payment disputes initiated without prior good-faith communication with Prism may result in suspension of access to deliverables and recovery of collection costs to the extent permitted by applicable law.

Cancellations & Rescheduling

Prism maintains a tiered cancellation and rescheduling policy to ensure fairness to both parties. All cancellation or rescheduling requests must be submitted in writing (email is acceptable). Notice periods are calculated from Prism's receipt of written notice to the scheduled appointment time.

• 48 or more hours' notice — Full refund of any deposit paid, or — at the Client's election — a complimentary reschedule to a mutually available date at no additional charge.
• 24–48 hours' notice — A cancellation fee equal to 50% of the total session fee applies. Any remaining deposit balance beyond the cancellation fee will be refunded within 5–10 business days.
• Under 24 hours' notice — 100% of the total session fee is due and payable. No refund of any deposit will be issued. A reschedule may be requested subject to availability and a rescheduling fee at Prism's discretion.
• Same-day cancellation / no-show — The full session fee is due and non-refundable. No reschedule credit is provided. This policy applies if the Client or their designee fails to appear or grant access at the scheduled time.
• Weather-related cancellations — Weather cancellations initiated by either party with reasonable advance notice (minimum 2 hours prior to the appointment) will be accommodated at no charge and rescheduled to the next mutually available date at no cost to the Client.

Rescheduling requests submitted with 24 or more hours' notice are accommodated free of charge, subject to availability, and are permitted once per booking. Additional rescheduling requests may incur a fee at Prism's discretion.

Weather Policy — Rescheduling Fees: In the event of major weather conditions that affect outdoor photography — including heavy rain, snow, high winds, poor visibility, wildfire smoke, or otherwise unsafe outdoor conditions — rescheduling fees will be waived. Interior photography can still proceed as scheduled. Outdoor portions of the shoot (drone photography, exterior shots, and twilight sessions) may be rescheduled to a later date at no additional cost to the Client. This weather exception applies to rescheduling fees only. The standard cancellation refund policy described above remains in effect regardless of weather conditions — weather does not affect cancellation refund terms.

Deliverables & Turnaround

Standard turnaround for fully edited image delivery is 24–48 hours from the time of the completed shoot, subject to current order volume and session complexity. A rush delivery option (same-day or next-morning delivery) is available as a paid add-on and must be selected at the time of booking.

Final images are delivered via a secure, time-limited digital download portal. Download links remain active for 30 days from the date of delivery notification. Prism is not responsible for images not accessed within this window. Requests for re-delivery following link expiry may be accommodated upon request and are subject to an administrative fee.

Images are delivered in high-resolution JPEG format at a minimum of 300 DPI unless otherwise specified. Web-optimized exports and MLS-compliant sizes may be included depending on the selected package.

Minor revision requests — including minor color adjustments, brightness corrections, or cropping — must be submitted in writing within 5 business days of the delivery notification. Requests submitted after this window, or requests for alterations beyond the scope of minor touch-ups, will be quoted separately. Prism's determination of what constitutes a minor revision is final.

Prism is not liable for delays in delivery resulting from the Client's failure to provide timely property access, unprepared property conditions, or other circumstances outside Prism's reasonable control.

Licensing & Usage Rights

All photographs and edited images created by Prism Media are original creative works and remain the sole intellectual property of Prism Media under applicable U.S. copyright law. Prism retains full copyright in all deliverables at all times.

Upon receipt and clearance of full payment for the applicable session, Prism grants the Client a limited, non-exclusive, non-transferable, royalty-free license to use the delivered images solely for the following permitted purposes:

• MLS (Multiple Listing Service) listings for the specific photographed property
• Digital and print marketing directly related to the listing, sale, or lease of the specific property — including social media, websites, brochures, postcards, and yard signs
• Internal presentations to prospective buyers, tenants, investors, or other principals in connection with the specific property transaction

The following uses are expressly prohibited without prior, separate written authorization from Prism:

• Resale, sublicense, transfer, or assignment of images to any third party, including other agents, brokerages, or media companies
• Use of images in advertising campaigns or contexts unrelated to the specific photographed property
• Alteration of images in a manner that materially misrepresents the condition or appearance of the property
• Repurposing images for listings or marketing of properties other than the one photographed

Portfolio rights. Prism retains the perpetual, irrevocable right to display delivered images in our professional portfolio, website, social media, and marketing materials. If the Client wishes to opt out of portfolio use, written notice must be received by Prism prior to the scheduled shoot date.

Client Responsibilities

The quality of Prism's deliverables depends in part on proper preparation and cooperation from the Client. The Client agrees to the following responsibilities prior to and during each session:

• Property preparation. The property must be clean, decluttered, staged, and photo-ready before Prism's arrival. This includes removal of personal items, trash, vehicles from the driveway (unless intentionally included), and other non-presentational objects. Prism is not responsible for the visual appearance of unprepared spaces, and no fee adjustments or reshoot credits will be issued on account of insufficient preparation.
• Timely access. The Client or their authorized designee must ensure prompt access to the property at the scheduled time. Delays caused by the Client that shorten the shoot window are not grounds for refund or extension. Wait times beyond 15 minutes may be billed at an additional hourly rate at Prism's discretion.
• Permissions & approvals. The Client represents and warrants that they have obtained all necessary consents and permissions from property owners, landlords, tenants, homeowners associations (HOAs), and any other relevant parties to allow Prism to enter, photograph, and commercially publish images of the property. The Client agrees to indemnify, defend, and hold harmless Prism from any claims or damages arising from the Client's failure to obtain required permissions.
• Accuracy of information. The Client is solely responsible for the accuracy of all property details provided at booking, including property type, square footage, and special requirements. Material inaccuracies that affect service delivery may result in supplemental charges.
• Prohibition on misleading use. The Client agrees not to use, publish, or distribute delivered images in any manner that is intentionally misleading, deceptive, or in violation of applicable real estate advertising laws, MLS guidelines, or fair housing regulations.

Limitation of Liability

To the fullest extent permitted by applicable law, Prism Media's total cumulative liability to the Client — arising from or related to any services rendered, deliverables provided, or obligations undertaken under these Terms — shall not exceed the total fees actually paid by the Client for the specific session giving rise to the claim.

In no event shall Prism, its principals, employees, contractors, or agents be liable for any:

• Indirect, incidental, special, exemplary, or consequential damages
• Loss of profits, revenue, business opportunities, or anticipated savings
• Loss of goodwill or damage to professional reputation
• Loss or corruption of digital files or data
• Damages arising from missed market timing, failed transactions, or listing underperformance

These limitations apply regardless of the theory of liability — whether in contract, tort, strict liability, or otherwise — and even if Prism has been advised of the possibility of such damages.

Prism is not responsible for losses resulting from equipment failure, fire, theft, natural disasters, acts of God, or other events materially outside our reasonable control. In such circumstances, Prism will make commercially reasonable efforts to reschedule the affected session or issue an appropriate refund at Prism's sole discretion.

Privacy

Personal information collected in connection with bookings and service delivery — including name, email address, phone number, property address, and payment details — is used solely for the following purposes:

• Processing and confirming booking reservations
• Coordinating shoot logistics and communicating appointment details
• Delivering images and sending download notifications
• Issuing invoices and processing payments through Stripe
• Responding to Client inquiries, revision requests, or support needs

Prism does not sell, rent, or disclose Client personal information to third-party marketing companies or data brokers. Limited information may be shared with essential service providers (e.g., payment processors, cloud storage) who are contractually bound by confidentiality obligations.

Clients may opt out of non-essential communications at any time by contacting Prism at bookings@prismmediaphoto.com. For complete information on data handling, please review our Privacy Policy.

Dispute Resolution

Informal resolution first. Before initiating any formal proceeding, both parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or Prism's services through good-faith direct negotiation. The party raising the dispute must provide written notice describing the nature and basis of the claim. The parties will then have 30 days from receipt of that notice to attempt informal resolution.

Binding arbitration. If the dispute is not resolved within the 30-day informal resolution period, it shall be submitted to final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in Washington State, or remotely by mutual agreement. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Exceptions. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or confidential information. Small claims court actions within applicable jurisdictional limits are also exempt from mandatory arbitration.

No class actions. All disputes must be brought in the parties' individual capacities only, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Costs. Each party shall bear its own attorneys' fees and costs in arbitration, unless the arbitrator determines that a claim or defense was frivolous or brought in bad faith, in which case fees may be awarded to the prevailing party.

Force Majeure

Prism Media shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond Prism's reasonable control, including but not limited to:

• Weather events — rain, fog, snow, high winds, wildfire smoke, or other adverse atmospheric conditions that materially impair the quality or safety of outdoor photography.
• Natural disasters — earthquakes, floods, fires, or other acts of God.
• Personal or family emergencies — illness, injury, or urgent personal matters affecting Prism's principal photographer that make it impossible to fulfill the scheduled session.
• Equipment failure — catastrophic or unforeseeable failure of primary camera, drone, or other essential equipment that cannot be remedied before the appointment time.
• Government actions or public safety emergencies — including mandatory evacuations, road closures, airspace restrictions, or public health orders.
• Transportation disruptions — major traffic incidents, road closures, or vehicle failures that prevent timely arrival despite reasonable precautions.

In the event of a Force Majeure occurrence, Prism will notify the Client as early as reasonably practicable. Prism will make commercially reasonable efforts to reschedule the affected session at the earliest mutually available date at no additional charge. If rescheduling is not feasible within 30 days, the Client may elect a full refund of any deposits paid. Force Majeure does not excuse the Client's obligation to pay for sessions that have already been completed.

Governing Law

These Terms of Service, and any dispute arising out of or relating to these Terms or to the services provided by Prism Media, shall be governed by and construed in accordance with the laws of Washington State, without regard to its conflict of laws principles.

Subject to the binding arbitration provisions in Section 11, any legal action not subject to arbitration shall be instituted exclusively in the courts of competent jurisdiction located within Washington State. Each party irrevocably consents to the exclusive personal jurisdiction and venue of such courts.

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited to the minimum extent necessary and the remaining provisions will continue in full force and effect.

Contact

For questions, concerns, or written notices related to these Terms of Service, please reach Prism Media through the following:

• Email: bookings@prismmediaphoto.com
• Phone: (360) 763-3155
• Website: prismmediaphoto.com

All written notices required or permitted under these Terms must be delivered to the email address above and will be deemed received upon Prism's written confirmation of receipt. Prism will make commercially reasonable efforts to respond to all inquiries within 2–3 business days.

These Terms constitute the entire agreement between Prism Media and the Client with respect to the subject matter herein, and supersede all prior understandings, representations, or agreements — written or oral — relating to the same.