Effective Date: January 1, 2026

 

1. Introduction

These Terms of Service (“Terms”) govern all photography, videography, drone, editing, retouching, and related media services provided by Nick Cann Photo LLC, operating under the trade names and DBAs Architectural Presence and/or ArchPresence (collectively referred to herein as “Company,” “Photographer,” “we,” “our,” or “us”).

By scheduling, purchasing, accessing, downloading, or using any services or media produced by Nick Cann Photo LLC, Architectural Presence, or ArchPresence, the client (“Client”) agrees to be legally bound by these Terms.

These Terms apply to all services, media deliverables, invoices, estimates, proposals, licensing agreements, websites, and communications issued under the names Nick Cann Photo LLC, Architectural Presence, or ArchPresence unless superseded by a separate written agreement signed by both parties.

2. Services

Client agrees to provide accurate property information, access instructions, staging readiness, and scheduling details prior to the appointment.

Nick Cann Photo LLC, including its DBA brands Architectural Presence and ArchPresence, shall perform services in a professional manner consistent with industry standards. Services may include, but are not limited to:

Photography
Videography
Aerial/drone photography and videography
Floor plans
Virtual tours
Editing and retouching
Social media content creation
Marketing and promotional media

Delivery timelines are estimates only and may vary depending on project scope, weather conditions, property readiness, technical issues, or volume of work.

Final deliverables shall be provided electronically via digital download, cloud delivery platform, or other approved delivery method.

3. Copyright Ownership and Licensing
Ownership

All photographs, videos, drone footage, raw files, edited files, negatives, digital assets, project files, derivative works, and all related media created by Nick Cann Photo LLC, Architectural Presence, and/or ArchPresence (collectively, the “Media”) are and shall remain the sole and exclusive intellectual property of Nick Cann Photo LLC.

No ownership rights, copyrights, or intellectual property rights are transferred to Client under any circumstance. All rights not expressly granted herein are reserved exclusively by Nick Cann Photo LLC.

Media is protected under applicable United States copyright laws, international copyright laws, and intellectual property laws.

Limited License to Client

Upon full payment, Client is granted a limited, revocable, non-exclusive, non-transferable license to use the delivered Media solely for the specific approved marketing, advertising, promotional, editorial, and commercial purposes directly related to the original commissioned project.

Unless expressly authorized in writing by Nick Cann Photo LLC:

Media may not be sold, sublicensed, assigned, transferred, shared, distributed, or otherwise provided to third parties.
Media may not be reused by subsequent listing agents, brokers, homeowners, builders, designers, stagers, vendors, publications, marketing agencies, or any other third party.
Media may not be materially altered, manipulated, filtered, edited, AI-modified, or composited without prior written approval.
Media may not be entered into contests, stock libraries, databases, AI training datasets, or resale platforms.
Raw files and project/source files are not included unless specifically licensed in writing.

Any unauthorized use constitutes copyright infringement and may result in license termination, additional licensing fees, legal action, injunctive relief, statutory damages, attorney’s fees, and all other remedies available under applicable law.

Photographer Promotional and Commercial Rights

Client expressly grants Nick Cann Photo LLC, including Architectural Presence and ArchPresence, the unrestricted, perpetual, worldwide right to use, reproduce, publish, display, distribute, license, archive, modify, create derivative works from, and otherwise exploit the Media, in whole or in part, in any medium, format, platform, publication, technology, or channel now known or later developed, for lawful business, promotional, editorial, advertising, marketing, portfolio, educational, commercial, archival, publication, exhibition, and self-promotional purposes.

This includes, without limitation:

Website usage
Social media
Printed materials
Advertising campaigns
Editorial publications
Books and printed publications
Digital publications
Exhibitions
Licensing opportunities
Marketing collateral
Portfolio usage
Public display
Industry submissions
Press features
Future media formats and technologies

Client represents and warrants that they possess sufficient authority and permissions regarding the property to authorize creation and usage of the Media under these Terms.

4. Third-Party Property and Staging Items

Nick Cann Photo LLC makes no representation regarding ownership claims related to furniture, artwork, décor, architecture, trademarks, or other visible property appearing within the Media.

Client acknowledges that Media depicting interiors, furnishings, artwork, design elements, or architectural features may be used by Nick Cann Photo LLC pursuant to the rights granted herein.

Client agrees to indemnify and hold harmless Nick Cann Photo LLC from any claims arising from alleged ownership or intellectual property disputes relating to the photographed property or contents therein.

5. Payment Terms

Payment terms shall be outlined in the applicable invoice, estimate, or service agreement.

Unless otherwise agreed in writing:

Payment is due upon receipt.
Final media delivery may be withheld pending full payment.
Deposits and retainers are non-refundable unless otherwise stated.
Late payments may incur interest at the maximum lawful rate and/or collection costs.

Any license granted under these Terms is automatically revoked if payment is not made in full.

Client shall remain responsible for all collection costs, court costs, attorney’s fees, and enforcement expenses incurred by Nick Cann Photo LLC in collecting unpaid balances or enforcing these Terms.

6. Cancellations and Rescheduling

Clients must provide at least twenty-four (24) hours’ notice for cancellations or rescheduling requests.

Nick Cann Photo LLC reserves the right to charge cancellation fees, travel fees, rescheduling fees, or minimum service fees for late cancellations, inaccessible properties, unprepared properties, denied access, or failure to proceed with the scheduled appointment.

Weather-related rescheduling for services shall be determined at the sole discretion of Nick Cann Photo LLC.

7. Creative Discretion and Editing

Nick Cann Photo LLC retains full creative control over all aspects of composition, lighting, editing, retouching, color grading, framing, and final artistic presentation.

Editing style and artistic judgment are subjective and shall not constitute grounds for refund or rejection.

Requests for excessive edits, virtual modifications, object removals, revisions, or additional retouching beyond the original scope may incur additional fees.

Nick Cann Photo LLC reserves the right to decline editing requests that may violate real estate advertising laws, MLS regulations, ethical standards, or applicable laws. Nick Cann Photo LLC will not be liable for potential misrepresentation due to editing requests from the Client.

8. Limitation of Liability

Nick Cann Photo LLC shall not be liable for:

Weather conditions
Property conditions
Acts of third parties
Access restrictions
Utility outages
Staging issues
Drone restrictions
Technical malfunctions beyond reasonable control
Internet or delivery platform interruptions
Color variations between screens/devices
Indirect or consequential damages

In all circumstances, the maximum liability of Nick Cann Photo LLC for any claim, loss, or dispute shall be strictly limited to the total amount actually paid by Client for the specific services giving rise to the claim.

Under no circumstance shall Nick Cann Photo LLC be liable for consequential, incidental, punitive, special, or speculative damages, including lost profits or business opportunities.

9. Indemnification

Client agrees to defend, indemnify, and hold harmless Nick Cann Photo LLC and its owners, employees, contractors, affiliates, agents, representatives, DBAs, and associated brands from and against any and all claims, liabilities, damages, losses, expenses, demands, actions, judgments, settlements, penalties, and attorney’s fees arising from:

Client’s misuse of the Media
Unauthorized use of the Media
Property access issues
Violations of law
Third-party intellectual property claims
Misrepresentation by Client
Publication or marketing usage by Client or third parties
10. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to conflict of law principles.

Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in Charleston County, South Carolina, and Client consents to exclusive jurisdiction and venue therein.

11. Severability

If any provision of these Terms is found unenforceable or invalid, the remaining provisions shall remain in full force and effect.

12. Modification of Terms

Nick Cann Photo LLC reserves the right to modify or update these Terms at any time without prior notice. Updated Terms shall become effective immediately upon publication.

Continued use of services constitutes acceptance of any revised Terms.

13. Contact Information

Nick Cann Photo LLC
DBA Architectural Presence
DBA ArchPresence

media@archpresence.com
843-471-0216

By booking, accessing, downloading, or using any services or Media provided by Nick Cann Photo LLC, Architectural Presence, or ArchPresence, Client acknowledges that they have read, understood, and agreed to these Terms of Service.