We’re experiencing a brief issue with the order form. Please text or call 551-231-3015 to place your order. You can also send a text with the property address, preferred date/time, and package—we’ll confirm and book you right away.
Thanks for your patience—we’re on it.NYC RE Photo — Kerdos Media & Marketing, LLC · support@nycrephoto.com
By booking, the client (“Client”) agrees to these Service Terms. If the Client accepts on behalf of a business, the Client warrants authority to bind it.
Collections & prevailing-party fees. Client is responsible for reasonable collection costs, including attorneys’ fees. In any action to enforce these Terms, the prevailing party may recover reasonable attorneys’ fees and costs.
Unlicensed or post-term use. Any use outside the licensed scope or beyond the 12-month term (including re-listings, new platforms, new representations, or third-party reuse) requires a new license. Unlicensed use is subject to a fee equal to 3× our then-current license rate for that use, plus reasonable enforcement costs.
Our rights (perpetual): We may display the Media in our portfolio, website, social media, award submissions, and marketing without time limit and without additional consent. On a reasonable written request citing privacy/safety (e.g., NDAs, security risks), we may remove or anonymize Media on our owned channels where practicable. Third-party caches/reposts are beyond our control.
Confidential / No-Portfolio Add-On (optional, paid): If selected on the Service Order (or requested later) and the stated fee is paid, we will not publish the Media from that job on our portfolio/website/social/marketing. Retroactive takedown after publication also incurs a fee (best-efforts removal from our channels only). This add-on is not a buyout and does not transfer copyright.
Archival: We generally archive delivered Media for {{ARCHIVE_MONTHS}} months but do not guarantee long-term storage; please keep your own backups.
No misrepresentation: We do not create or deliver edits that materially misrepresent a property (e.g., adding/removing structures or views that do not exist, altering room size/condition, concealing material defects). We may decline any requested edit for legal, ethical, MLS, or platform-policy reasons.
Client-requested edits at Client’s risk: If Client instructs us to make an edit that could reasonably be viewed as misleading or non-compliant, Client assumes full responsibility for that edit and its publication and represents it complies with applicable laws and MLS/platform rules.
Indemnity for edits/uses: Client will defend, indemnify, and hold us harmless from claims, damages, fines, or costs (including reasonable attorneys’ fees) arising from (a) Client’s requested edits; (b) Client’s or third parties’ edits after delivery; or (c) Client’s publication/distribution of the Media.
Examples of non-permitted “material” edits include: fabricating views, removing neighboring buildings or power lines, correcting structural damage to appear new, or enlarging rooms beyond reality. Cosmetic adjustments (exposure, color, sky replacement, minor clutter removal) are generally acceptable when they do not change the property’s material facts.
Client is responsible for MLS/platform compliance when uploading Media (including captions, overlays, measurements). Platform transcoding/cropping/rejection is outside our control; additional compliance edits may be billed.
Client is responsible for obtaining any required permissions and releases (e.g., occupants, recognizable artwork/trademarks) and for materials the Client supplies (logos, scripts, music). Client grants us a license to incorporate such materials and will indemnify us for related claims.
UAS flights comply with FAA regulations and local rules and are subject to airspace, weather, and safety assessments. We may decline or postpone any flight at our discretion. FAA waivers, if required, must be obtained or scheduled appropriately.
Except as expressly stated, Services and Media are provided “as is” and “as available,” without implied warranties (merchantability, fitness, non-infringement). We do not guarantee specific marketing results, views, leads, or sales.
Liability cap: To the fullest extent permitted by law, our total liability for a Service is limited to the fees you paid for that Service in the three (3) months preceding the event. We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages (including lost profits/opportunities).
Client agrees to defend, indemnify, and hold harmless NYC RE Photo and our owners, employees, and contractors from claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) Client’s breach of these Terms, (b) Client’s misuse of the Media, (c) Client’s violation of laws/third-party rights (including requested edits or edited Media Client publishes), or (d) materials Client supplies.
We are not liable for delays or failures caused by events beyond our reasonable control (e.g., severe weather, illness, power/internet outages, strikes, government actions). We may refuse or stop work for safety or legal reasons (e.g., building rules, hazards); time spent may be billed.
If there is a conflict, the signed estimate/invoice (Service Order) controls for scope, quantity, and price; these Terms control for all other matters. Sections regarding payment, license restrictions, portfolio use, disclaimers, limitations, indemnities, and dispute terms survive termination. Client may not assign the Service Order or licenses without our written consent.
These Terms are governed by the laws of the State of New Jersey. Exclusive venue is in state or federal courts in Bergen County, New Jersey, and Client consents to jurisdiction there. Client consents to transact electronically; notices may be sent to Client’s email on file and are deemed received when sent.