Service Terms & Conditions

1. Services

Client has selected DoubleOak ArtWorks (DOAW) for its expertise, creative vision, and professional judgment. DOAW provides marketing media for real estate agents, salespersons, and/or brokers. Fees quoted for services reflect the time, creative talent, technical knowhow, editing, and post-production services invested in delivering visual assets. All work is conducted in accordance with DOAW’s artistic discretion and industry standards, unless otherwise agreed upon in writing.

2. Delivery

Turnaround for photography assets is the next day (not 24 hours from the scheduled appointment), unless expedited turnaround is ordered. Expedited turnaround has photography assets only delivered by midnight the same day. Add-on media assets (video, 3D tours, virtual staging, aerial images, etc.) have a turnaround of the second day.

2.1: Delivery of media shall be understood to mean the uploading of media to our backend system, and notifying the client through the email on record. 

2.2: Delivery timelines are estimated and not guaranteed. DOAW will communicate promptly regarding any delays but is not responsible for delays caused by third-party vendors or technical issues outside of its control.

3. Media Licensing Agreement

DOAW maintains and reserves all ownership rights to the assets produced during the course of providing services and remains the intellectual property of DOAW. By commissioning services and upon full payment of all associated fees, the client is granted a limited, non-exclusive, non-transferable license to use the delivered media solely for the promotion, marketing, and sale of the specific property or service for which it was created.

3.1: The license is valid for one (1) year from the date of delivery unless otherwise agreed in writing.

3.2: Third-party use (including by contractors, designers, publications, or other agents) requires prior written consent from DOAW and may require additional licensing fees.

3.3: Clients may not sell, alter, or redistribute the media assets without written permission from DOAW.

3.4: Unauthorized use, reproduction, or distribution constitutes a breach of this agreement and may result in legal action.

4. Site Readiness & Home Preparation Policy

DOAW prefers properties to be prepared according to our recommendations prior to our scheduled appointment. DOAW reserves the right to determine the best way to photograph and capture associated media for the property. Our professional judgement shall be deemed acceptable. DOAW is not responsible for preparing, cleaning, or staging the property or site. DOAW reserves the right to cancel any and all services without notice if the property is not adequately prepared or unsafe situations present.

4.1: Home Preparation Recommendations: Guidelines can be found on our website. https://doubleoakartworks.com/wp-content/uploads/2025/02/double-oak-pre-shoot-prep-guide.pdf

4.2: Trades, Cleaning & Staging: All tradespeople (painters, landscapers, and contractors, etc.), cleaning crews, and stagers MUST have completed their work before our scheduled appointment. If the property is not ready when we arrive — including ongoing cleaning, staging, or other activity that prevents us from fulfilling the order — DOAW may need to reschedule, and a cancellation or reshoot fee will apply.

4.3 Property Access: Accurate entry instructions (lockbox code, door code, gate access, alarm details, and/or on-site contact) must be provided prior to the appointment, and allow DOAW to enter the property without delay. If DOAW arrives at the scheduled time and is unable to access the property, DOAW will contact the agent and will give a 15 minute grace for updated access information. Delays caused by access issues do not guarantee completion of services. A rescheduling fee of $109.00 will apply if DOAW fails to gain access to the property based on any of the following conditions, but is not limited by:

• Incorrect or missing access instructions

• Missing key

• Lockbox, door, gate, or alarm issues

• No one present when required for entry

• Partially restricted access (e.g., key operates deadbolt, but not doorknob)

4.4: Pets & Animals: All pets must be secured or removed from the property during the scheduled appointment. This helps protect your pets, our team, and our equipment. Pets should not be left unattended in open areas where photography or videography will take place. The photographer cannot handle, move, or secure pets. If pets are not secured upon arrival, the appointment may be delayed or rescheduled, and a cancellation or reshoot fee will apply.

4.5 Hazards & Perils: If at any time a property is deemed unsafe for media services, we reserve the right to cancel or reschedule the appointment. If conditions are identified upon arrival, the photographer will assess the situation and contact the client to discuss options. If the shoot must be canceled on-site for safety reasons, a cancellation or rescheduling fee will apply. Unsafe conditions may include, but are not limited to:

• Active construction or renovation posing hazards

• Presence of unsecured pets or aggressive animals

• Severe weather (lightning, high winds, heavy rain, snow, etc.)

• Hazardous or unsanitary environments

• Structural instability or unsafe access points

• Inappropriate, threatening, or harassing behavior toward our team

4.6 Supervision of Minors: DOAW is not equipped, insured, or legally permitted to provide supervision for minor children (persons under the age of 19 in Alabama). If DOAW arrives at a property and finds any minor child is unattended by a Responsible Adult, the photographer is mandated by company policy to immediately cease all work and leave the premises. For the safety of all parties and to ensure legal and operational integrity, an adult homeowner, designated guardian, or the listing agent (collectively, the “Responsible Adult,” aged 19 or older) must be present for the entire duration of the scheduled appointment if a minor child is on site. Any delays, rescheduling, or cancellations resulting from non-compliance will be subject to applicable cancellation or rescheduling fees.

5. Weather Policies

DOAW maintains a rain-or-shine policy to ensure consistent scheduling and timely service delivery. Client acknowledges that overcast or rainy weather conditions do not materially impact interior photography quality.

5.1 Overcast Sky: When weather results in overcast or dull skies, DOAW offers AI-enhanced sky replacements for exterior photography. Resulting images will be deemed acceptable, and the project order will be considered fulfilled.

5.2 Recent Precipitation: When weather results in wet conditions, but it is not actively precipitating during the scheduled appointment, DOAW will capture a full set of exterior images and utilize AI-enhanced sky replacements for exterior photography. We will return to reshoot the exterior portion at no additional cost once weather conditions & schedule permit.

5.3 Active Precipitation: When weather results in active precipitation during the scheduled appointment, DOAW will proceed with interior photography and return to complete the exterior portion at no additional cost once weather conditions & schedule permit.

5.4 Severe Weather: DOAW reserves the right to cancel any appointment without notice in the event of severe weather, unsafe or deteriorating weather conditions, 

6. Cancellation Policies

By scheduling an appointment, you affirm that the property is ready or will be ready for photos at the scheduled time. DOAW understands the dynamic nature of real estate and that appointments often need to be changed. Appointments further out than 24 hours can be changed online via the client’s account. Appointments within 24 hours need prompt notification via phone call or text message to our business phone (205-202-1625). Failure to give enough advanced notice will incur a cancellation fee. Any fees incurred reflect the business costs of lost booking opportunities, travel preparation, mileage reimbursement, and/or administrative processing.

6.1 Notice Requirements: To avoid a cancellation or rescheduling fee, the client agrees to provide notice, via text message or phone call only, by 5:00 pm the day before a scheduled appointment. Notice to postpone, reschedule, or cancel an appointment after 5:00 pm the day before the scheduled appointment will incur a fee of $59.00. Notice to postpone, reschedule, or cancel an appointment the same day of the scheduled appointment will incur a fee of $109.00. 

6.2 Exceptions: DOAW understands that unavoidable, unforeseen or emergency circumstances do arise, and those considerations will be taken into account by DOAW when applying cancellation fees. Documentation or proof of circumstances may be required. 

6.2.1: Failure for tradespeople, cleaning crews, and/or staging companies to finish their tasks will not be considered unavoidable or unforeseen.

6.2.2: Failure to pick up temporary storage or roll off dumpsters will not be considered unavoidable or unforeseen

6.2.3: Natural disasters, severe weather, medical emergencies, property emergencies are considered unavoidable and unforeseen. 

6.2.4: Active precipitation (rain or snow) forecasted at the appointment time will be considered reasonable.

6.3 Fee Payment Authorization: By booking services, the client authorizes DOAW to charge the credit card on file for any applicable cancel & rescheduling fees as outlined in the Service Terms & Conditions.  Applicable fees will be added to the project invoice. Those fees must be paid in full before any additional services are rendered. Failure to remit payment may result in suspension of services until the account is brought current.

7. Payment Policy

DOAW accepts payments via secure online credit card processing. Clients are strongly encouraged to store a valid credit card on file for faster and automated payment processing. Invoices will be finalized post-service, inclusive of any eligible discounts or adjustments, and sent to the client. Delivery of assets is contingent upon full payment. Downloads will remain locked until payment is received unless the client has authorized automatic payment upon delivery. No media will be uploaded to the MLS or distributed to third parties prior to payment or credit card authorization. Clients are responsible for ensuring that payment information remains current and accurate.

8. Travel Policy

Our service area is the Birmingham, AL metro area, and covers most listings input into the Birmingham Association of Realtors MLS system. Listings outside of this coverage area may incur a reasonable travel fee.

8.1 Travel Fees: Properties located outside of the catchment area will incur a nominal travel fee, which will post automatically when orders outside those areas are placed.

9. Interchangeability of Language

Because of the broad range of media creation services offered by DoubleOak ArtWorks, this document encompasses several types of media assets. The words “images”, “photos”, “pictures,” “photographs,” “media”, “video”, “virtual tour”, “3D tour”, “drone”, “floor plans,” “assets,” or any similar are understood to be interchangeable for the purposes of the terms outlined here. 

10. Amendments & Agreement

DOAW reserves the right to update these Terms of Service at any time, and continued use of our services following any changes constitutes acceptance of the new terms. All appointments are subject to our Service Terms & Conditions.