Terms of Service & Licensing Agreement

1. Acceptance & Relationship of Parties

By booking services, signing a retainer agreement, or submitting a commercial inquiry, the Agent/Client agrees to be bound by these legally binding Terms. This agreement establishes that Roche Media Group (RMG) is an Independent Contractor; neither RMG nor its personnel shall be deemed employees of the Client. No partnership, agency, or joint venture is created by these Terms.

Creation & Delivery: The manner and method of creating any media are solely at RMG’s discretion. RMG will deliver media in publishable quality, typically in standard formats (JPEG, MP4, max 4K 30fps), and is under no obligation to retain or archive media beyond 60 days after delivery.

2. Media Licensing and Copyright

All Media and all rights, including copyright and ownership, remain the sole and exclusive property of Roche Media Group. The Media shall not be deemed a “work for hire.”

2.1 Real Estate Listing License

RMG grants the original Agent/Client a limited, non-exclusive, non-transferable license for the duration of the listing agreement only.

• Authorized Usage: For the sole purpose of marketing the specific property for sale via the MLS, Agent/Brokerage websites, and related social media.
• Third-Party Restriction: This license DOES NOT extend to Builders, Stagers, Designers, Homeowners, or other vendors. Use of the Media by any third party requires a separate licensing agreement and fee from RMG.
• Transfer: The license is not transferable to a new agent, brokerage, or the property’s buyer.
• Expiration: The license expires once the property is Sold, Withdrawn, or the Listing Agreement is terminated.

2.2 Commercial & Branding License

Usage rights for non-listing media (brand films, recruitment videos, builder showcases) are defined by the specific Service Agreement signed at the start of the project. Unless explicitly defined otherwise:

• Client receives a Perpetual, Non-Exclusive License for digital use (Website, Social Media, YouTube).
• Broadcast / TV Usage: Requires a separate licensing fee and agreement.
• Buyout: Copyright ownership remains with RMG. A full copyright buyout (transfer of ownership) is available for an additional fee (typically 200-300% of the project cost).

2.3 Raw Files & Project Assets

We deliver finished, color-graded products. RAW video footage, unedited RAW photos, and project files (Premiere/After Effects) are NOT included in any package. If the Client requires RAW assets, they may be purchased separately for a fee determined by RMG.

3. Fees, Payment, and Logistics

Payment

Payment is required to download full-resolution media.
Pay At Close (Titus): Clients utilizing our financing partner (Titus) are subject to the specific terms and fees outlined in their separate Titus agreement. RMG is not responsible for interest or fees accrued through financing.

Cancellation & Rescheduling

• 48 Hours Notice (or more): No cancellation fee.
• 24-48 Hours Notice: A rescheduling fee of $50 will apply.
• Less than 24 Hours Notice: The Client is responsible for 100% of the base session fee.

Site Readiness

The property must be photo-ready upon the photographer’s arrival. Photographers are not responsible for cleaning, moving furniture, or staging. If a property is not ready and the shoot is delayed by more than 20 minutes, a $50 Site Delay Fee may be assessed, or the shoot may be forcibly rescheduled at the photographer’s discretion.

Weather Policy

We monitor weather closely. In the event of heavy rain or hazardous conditions:

• Reschedule: You may reschedule the entire shoot without penalty if done prior to the photographer’s departure.
• Interiors Only: We can proceed with interiors as scheduled and return for exteriors at a later date for a $50 Return Trip Fee.
• Sky Replacements: For cloudy/overcast days (no rain), we provide Blue Sky Replacements on primary exterior photos at no extra charge.

4. Retainer & Recurring Services

For clients engaged in a monthly retainer agreement (e.g., Construction Progress, Brand Content):

• Deliverables: Specific deliverable counts (e.g., “2 Videos per month”) are defined in the signed Retainer Agreement.
• No Rollover (Use It or Lose It): Unused service hours, videos, or shoot days do not roll over to the next month unless explicitly stated in the specific client contract. It is the Client’s responsibility to schedule shoots within the billing cycle.
• Payment: Retainers are billed automatically on the 1st of the month. Failure to pay pauses all production immediately.
• Cancellation: Retainer agreements require a 30-day written notice to cancel or pause.

5. Creative Control & Revisions

RMG retains creative control over framing, lighting, and editing style.

• Standard Video Revisions: Commercial video projects include two (2) rounds of revisions at no extra cost.
• Excessive Revisions: Changes requested after the second round, or changes that contradict the initial project brief/script, will be billed at our standard hourly editing rate ($100/hr).
• Photo Re-Edits: Minor touch-ups (e.g., removing a small blemish) are included. Complex manipulation (e.g., removing cars, changing wall colors, virtual staging) is an additional billable service.

6. Liability and Indemnification

The Client will indemnify and defend RMG against all claims, liability, damages, cost, and expenses arising out of the creation or any use of the Media. Client is responsible for obtaining all necessary model or property releases.

RMG’s sole obligation for unsuitable media is replacement. In no event is RMG liable for poor reproduction quality, delays, or consequential damages.

7. Governing Law

This Agreement is governed by the laws of the State of Kansas. Any claim or litigation arising out of this Agreement may be maintained only in courts physically located in Pottawatomie, Kansas.