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Terms of Service

Last Updated: November 7, 2025

1. Definitions

1.1 “The Client” refers to any person, business, or organization engaging the services of Crux Media.
1.2 “The Company” refers to the service provider, Crux Media, including all employees, contractors, and representatives offering real estate photography, videography, and marketing services.
1.3 “Content” refers to all photos, videos, graphics, and other media created by Crux Media.
1.4 “Project” refers to any commissioned work, whether a single listing shoot or an ongoing media subscription.

2. Ownership & Copyright

2.1 All Content produced by The Company remains the intellectual property of The Company and is protected under copyright law.
2.2 Upon full/partial or incoming payment, the The Client receives a non-exclusive, non-transferable license to use the Content solely for the marketing of the specific property or individual/brand for which it was created.
2.3 Content may not be sold, licensed, transferred, with third parties (e.g., stagers, builders, designers) without prior written approval.
2.4 The Company retains the right to use any Content for its own marketing, portfolio, and promotional purposes.

3. Usage Rights

3.1 Licensed use includes, but is not limited to:

  • MLS listings

  • Real estate websites

  • Print brochures

  • Paid or organic social media posts related to the property or agent’s marketing

3.2 Any use beyond these purposes (e.g., builder portfolios, commercial ads, or third-party promotions) requires a separate extended-use agreement which can be purchased upon request. 

4. Restrictions on Use

4.1 The Client may not:

  • Modify, crop, or apply filters to photos/videos in a way that misrepresents the property.

  • Remove or obscure The Company’s branding, where present.

  • Use Content to market other properties or brands not included in the original agreement.

4.2 Unauthorized resale or reuse constitutes copyright infringement and may result in legal action.

5. Duration of License

5.1 For property listings, the license remains valid until the listing is sold, rented, or otherwise taken off the market.
5.2 For personal branding or subscription The Clients, usage rights remain active for the duration of the paid agreement.
5.3 Upon expiration or termination of the agreement, all rights to use Content revert to The Company.

6. Credit & Attribution

6.1 While not mandatory nor enforced, The Company appreciates visible credit when possible (e.g., “Photos by Crux Media” in captions  of social or brochures).
6.2 The Company may credit itself in Content metadata or file delivery names for professional recordkeeping.

7. Exclusivity

7.1 The Company does not guarantee exclusivity to any The Client, area, or brokerage.
7.2 The company may provide services to multiple Realtors or brokerages within the same geographic region.

8. Liability & Indemnification

8.1 The Client agrees to indemnify and hold The Company harmless from any claims, damages, or expenses resulting from misuse of Content or false representations in marketing.
8.2 The Company is not liable for indirect or consequential losses, including but not limited to loss of profit or opportunity.

9. Payment & Delivery

9.1 Payment is due depending on the payment terms specified on their invoice unless otherwise specified. Late payments may incur fees.
9.2 Files will be delivered via an online gallery or download link within the agreed turnaround timeframe.

10. Cancellation & Rescheduling

10.1 Cancellations made within 24 hours of a scheduled shoot may incur a fee up to 50% of the project cost.
10.2 Weather-related rescheduling is permitted without penalty if communicated at least 12 hours in advance.
10.3 No-shows or failure to provide property access at the scheduled time may result in a full-service charge.

11. Termination

11.1 Either party may terminate the agreement for breach of these Terms if not remedied within a reasonable period after written notice.
11.2 Upon termination, any outstanding payments become immediately due, and usage rights for unpaid Content are revoked.

12. Governing Law

12.1 These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and applicable Canadian federal law.
12.2 Any disputes arising under these Terms shall be resolved within the jurisdiction of British Columbia.

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