Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Visual Advantage Media LLC ("Visual Advantage Media," "Company," "we," "us," or "our") governing your access to and use of the Visual Advantage Media platform located at visualadvantagemedia.com, its subdomains, applications, software, and related services (collectively, the "Platform").

By accessing, registering for, or using the Platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Platform.

If you use the Platform on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

1. Description of the Platform

Visual Advantage Media operates a technology platform and marketplace that connects:

• real estate agents
• brokers
• property owners
• photographers
• photo editors

for the creation, editing, management, and delivery of real estate media.

The Platform facilitates services including:

• booking and scheduling real estate photography services
• matching clients with photographers
• RAW media uploads
• editing workflows and quality review
• AI-assisted media processing
• digital asset delivery
• payment processing and payout distribution
• studio management tools for photographers
• analytics and reporting

Visual Advantage Media provides technology infrastructure only and acts as a marketplace facilitator.

Except where explicitly stated in a written agreement, the Company does not employ photographers or editors and does not act as a photography agency.

2. Eligibility

To use the Platform you must:

• be at least 18 years of age
• have the legal capacity to enter into binding agreements
• comply with all applicable laws

By using the Platform, you represent and warrant that you meet these requirements.

3. User Accounts

3.1 Account Registration

You must provide accurate, complete, and current information when creating an account.

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account.

You must notify us immediately at support@visualadvantagemedia.com if you suspect unauthorized use of your account.

3.2 Account Roles

The Platform may support multiple user roles, including:

Clients / Agents

Users who book real estate media services.

Photographers

Independent contractors who perform property shoots.

Editors

Independent contractors who edit media files.

Enterprise Photographers

Users managing studio workflows through the Platform.

Organization Administrators

Users managing teams and billing.

Platform Administrators

Company personnel responsible for operating the Platform.

Each role may have different permissions and responsibilities.

3.3 Account Approval

Photographer and editor accounts may require review and approval by the Company.

Visual Advantage Media reserves the right to approve, reject, suspend, or terminate accounts at its sole discretion.

Approval does not create an employment relationship.

4. Marketplace Rules and Non-Circumvention

Users who connect through the Platform agree not to circumvent the Platform.

You may not:

• arrange services directly with another user introduced through the Platform
• bypass Platform payments
• solicit off-platform transactions

for a period of twelve (12) months after your first interaction through the Platform.

Violation may result in:

• account suspension
• permanent removal from the Platform
• financial penalties where permitted by law

5. Bookings and Payments

5.1 Booking Confirmation

A booking is confirmed only after successful payment processing.

Payments are processed through Stripe or other approved payment processors.

5.2 Platform Fees

Visual Advantage Media may charge:

• booking fees
• service fees
• subscription fees
• platform processing fees

Platform fees are non-refundable once a booking is confirmed.

Fees may change at any time with notice.

5.3 Taxes

Users are responsible for all applicable taxes associated with services purchased or earnings received through the Platform.

Where required by law, the Company may collect and remit taxes.

5.4 Chargebacks

Users agree not to initiate chargebacks without first contacting Visual Advantage Media support.

Improper chargebacks may result in:

• account suspension
• removal from the Platform
• recovery of chargeback fees

6. Cancellations and Refunds

Refund eligibility depends on booking status.

Before photographer assignment

Full refund may be issued.

After photographer assignment but before the shoot

Cancellation fees may apply.

After the shoot occurs

Refunds are generally not available.

Refunds may exclude platform fees and payment processing fees.

7. Deliverables and Revisions

7.1 Delivery

Completed media assets are delivered digitally through the Platform.

Delivery timeframes are estimates and are not guaranteed.

7.2 Revisions

Bookings may include one round of revisions requested within 48 hours of delivery.

Revisions may include minor corrections such as:

• brightness
• color balance
• horizon alignment

Major creative changes may incur additional fees.

7.3 Reshoots

Reshoots may be offered only in cases of verified technical failure.

Reshoots are not offered for:

• weather conditions
• property condition
• staging issues
• client absence

8. AI-Assisted Editing

Certain editing services may utilize AI-assisted technologies including:

• HDR merging
• sky replacement
• twilight conversion
• color correction
• perspective correction

AI processing is automated and may occasionally produce visual artifacts or inconsistencies.

Users acknowledge that AI editing results may vary and may not replicate manual editing outcomes.

9. Photographers and Editors

9.1 Independent Contractor Status

Photographers and editors are independent contractors.

Nothing in these Terms creates:

• employment
• partnership
• agency relationship

Service providers are responsible for:

• taxes
• insurance
• equipment
• compliance with applicable laws

9.2 Job Acceptance

Accepting a job creates a commitment to perform services as scheduled.

Repeated cancellations or no-shows may result in account suspension.

9.3 Payouts

Payouts are processed through Stripe Connect.

Payout structures may change over time and will be communicated through the Platform.

The Company may withhold payouts pending investigation of:

• disputes
• quality issues
• policy violations

9.4 Drone Operations

Photographers operating drones are solely responsible for compliance with FAA regulations and local laws.

Visual Advantage Media assumes no liability for drone operations.

10. Property Access and Safety

Clients are responsible for ensuring that properties are safe and accessible for scheduled shoots.

Visual Advantage Media is not liable for:

• property damage
• personal injury
• loss or theft

arising from property access during photography sessions.

11. Intellectual Property

11.1 Work-For-Hire Ownership

All photographs, videos, and media created through services booked on the Platform are considered works made for hire under U.S. copyright law.

To the extent any media is not considered work-for-hire, photographers hereby irrevocably assign all rights, title, and interest in the media to Visual Advantage Media LLC, including all copyrights.

11.2 Photographer Portfolio License

Photographers are granted a perpetual, non-exclusive, royalty-free license to use media they capture through the Platform solely for self-promotional purposes including:

• portfolios
• websites
• social media
• marketing materials

Photographers may not sell or license such media without written permission from Visual Advantage Media.

11.3 Client License

Clients receive a perpetual, non-exclusive license to use delivered media solely for marketing the associated property listing.

Media may not be resold or used for unrelated commercial purposes without permission.

11.4 Platform Marketing Rights

Visual Advantage Media may use any media created through the Platform for:

• marketing
• promotional materials
• portfolio displays
• product demonstrations

11.5 Listing Transfer License

The license granted to Clients under Section 11.3 is limited to marketing the specific property listing associated with the original booking and the licensed real estate agent or brokerage that purchased the services.

If the property listing is transferred to a different real estate agent, brokerage, property manager, developer, or marketing entity, the original license does not automatically transfer to the new listing agent or brokerage.

In such cases, a new license must be purchased through the Platform in order for the new listing agent or brokerage to legally use the media assets.

Unauthorized reuse of media assets by a different listing agent, brokerage, or third party may constitute copyright infringement and may result in enforcement actions including license fees, removal requests, or legal remedies.

Visual Advantage Media may offer listing transfer licenses or relicensing options through the Platform at its discretion.

12. Prohibited Conduct

Users may not:

• violate laws
• submit fraudulent information
• disrupt the Platform
• scrape data
• impersonate others
• harass users
• bypass platform payments
• upload unlawful or harmful content

13. Disclaimer of Warranties

The Platform is provided "as is" and "as available."

Visual Advantage Media does not guarantee:

• uninterrupted operation
• error-free functionality
• service provider performance

14. Limitation of Liability

To the maximum extent permitted by law:

Visual Advantage Media shall not be liable for indirect, incidental, special, or consequential damages including:

• lost profits
• lost business
• lost data

Total liability shall not exceed the greater of:

• amounts paid by you in the previous 12 months
• $100 USD

15. Indemnification

You agree to indemnify and hold harmless Visual Advantage Media from claims arising from:

• your use of the Platform
• violation of these Terms
• violation of third-party rights

16. Dispute Resolution and Arbitration

Disputes must first be attempted to be resolved informally.

If unresolved, disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) in Utah.

Users waive participation in class action lawsuits.

17. Governing Law

These Terms are governed by the laws of the State of Utah, United States.

18. Termination

Visual Advantage Media may suspend or terminate accounts at any time for violations of these Terms or harmful conduct.

Users may terminate accounts by contacting support@visualadvantagemedia.com.

19. Changes to Terms

We may update these Terms periodically.

Material changes will be communicated via email or Platform notice 14 days before taking effect.

20. Contact

For questions about these Terms, please contact: