Vista Lift Media – Terms of Service

Legal entity: Alex Hyson, sole proprietor

Trade Name: Vista Lift Media

Website: http://www.VistaLiftMedia.com

Email: alex@vistaliftmedia.com

Phone: 209‑217‑1018

Version: v1.0

Effective date: March 01, 2026

1. Acceptance of Terms

By booking or using services from Vista Lift Media (“Company,” “we,” “us,” or “our”), the client (“Client,” “Agent,” or “Customer”) agrees to these Terms of Service.

These terms apply to all services provided by Vista Lift Media including photography, videography, drone services, floor plans, virtual staging, 3D tours, and related media production services.

These Terms apply to all current and future Orders placed with Vista Lift Media by the Client unless superseded by a later version of these Terms notified to the Client in writing. Pricing and specific deliverables are confirmed in the quote or order confirmation for each individual Order; these Terms govern how those services are delivered.

If a representative schedules a service on behalf of a client, the client remains responsible for and bound by these Terms of Service. Continued use of Vista Lift Media services constitutes acceptance of these terms.

2. Definitions

Booked / Confirmed Order: An Order is considered booked when Vista Lift Media has (a) provided a quote or order confirmation (verbal, email, or online), (b) the Client has accepted it in writing or via the online booking system, and (c) Vista Lift Media has confirmed the appointment time(s) in writing. At that point, cancellation and reschedule policies apply.

Delivery: The time when media is made available for download by the Client.

Order: Any booked service, bundle, or editing request placed with Vista Lift Media.

Photographer / Videographer / Editor / Media Provider: Any employee, contractor, or authorized representative performing services on behalf of Vista Lift Media.

Property Access Services: Services requiring physical entry or access to a property including photography, videography, drone capture, floor plans, and 3D tours.

Photo‑Ready: A property that is clean, staged if applicable, free of clutter, and prepared for photography without requiring adjustments by the photographer.

3. Services

Vista Lift Media provides real estate marketing media services including but not limited to photography, videography, drone media, floor plans, virtual staging, virtual twilight images, true twilight photography, listing websites, social media content, and 3D tours.

Services may be offered individually or bundled into packages. Service details, pricing, and deliverables may change at any time. Pricing confirmed at the time of booking will be honored for that order as long as order details have not changed.

4. Scheduling and Appointments

Some services require one or more appointments. Certain premium services (including twilight photography or premium video) may require more than one appointment time (e.g. separate daytime and evening appointments).

Delivery timelines begin after the final scheduled appointment for the order has been completed.

5. Property Readiness and Access

For services requiring property access, the property must be fully photo‑ready and accessible at the scheduled appointment time.

If the photographer cannot access the property due to issues including but not limited to:

  • incorrect or missing lockbox codes
  • missing keys
  • locked gates
  • locked interior rooms
  • denied property access
  • Guard dogs or pets
  • Vehicle(s) or contractor equipment obstructing key views.
  • Unsafe conditions (at the discretion of the photographer)

the photographer may skip inaccessible areas or treat the appointment as a cancellation or reschedule at their discretion.

If the photographer proceeds and certain areas are skipped, any later request to capture those areas may require a new appointment and additional service or travel fees.

For properties where portions of the structure can only be photographed from neighboring property (such as zero‑lot‑line homes), the client is responsible for obtaining permission and access from neighboring property owners.

If the property is not photo‑ready at the scheduled start time, the photographer may, at their discretion:

  • proceed and photograph the property as‑is;
  • skip unready areas; or
  • treat the appointment as a same‑day reschedule or cancellation under Sections 8–10 (and applicable fees may apply).

If delays are caused by the Client, homeowner, or associated persons (for example, extended conversations, last‑minute staging, or additional on‑site requests), Vista Lift Media is not responsible for late arrival to any subsequent appointments. Any on‑site time beyond what is reasonably required to fulfill the original scope of the Order may incur additional fees, including but not limited to an on‑site rate for the Photographer of $60 per hour USD (prorated and rounded up to the nearest half hour).

Any later request to re‑shoot skipped or unready areas may require a new order and additional fees.

6. Creative Control

Vista Lift Media retains full creative control over composition, lighting, editing style, media format, and artistic direction.

While reasonable requests may be accommodated when possible, final creative decisions remain at the sole discretion of Vista Lift Media.

7. Turnaround Time

Initial media delivery typically occurs by the end of the next day following the final scheduled appointment for the order.

This delivery timeline applies to the initial delivery only and does not include revision requests.

Clients receive one round of revision requests for all ordered media. Where possible, revisions are typically delivered within 48 hours of the request.

Vista Lift Media will review all revision requests and clarify which items can be reasonably accommodated within the original scope and which would require additional services or fees (for example, object removal or additional virtual staging). Any additional fees will be quoted for approval before work begins.

8. Cancellation Policy

For Orders that require a scheduled appointment, Orders canceled before midnight the day prior to the first scheduled appointment may be canceled without penalty.

Orders canceled the same day as the appointment will incur a $100 cancellation fee.

Orders canceled within two hours of the scheduled start time will be charged the full value of the Order. Vista Lift Media may, at its sole discretion, grant an account credit equal to some or all of the amounts actually paid for that Order. Account credits are dollar‑denominated, may be applied to future Orders at then‑current pricing, are not redeemable for cash, and expire 12 months from the date they are granted.

If an Order includes multiple appointments and the first appointment has already occurred, or it is less than two hours before the first appointment start time, the Order becomes non‑cancelable, and the full Order value will be charged.

9. Orders Without Scheduled Appointments

This Section applies only to Orders that do not require a scheduled appointment (for example, virtual staging, virtual twilight images, or certain editing services).

Orders without appointments may be canceled within 30 minutes of placement for a full refund if fulfillment work has not begun.

Cancellation requests made after 30 minutes but before work begins for orders that do not require a scheduled appointment may receive an account credit equal to the dollar amount actually paid for the canceled service. Credits may be applied to any future services and expire 12 months after issuance.

If the canceled service was part of a discounted bundle or promotion, the credit will reflect the discounted portion of that service, not the full a‑la‑carte price. Free promotional services have no cash or credit value and do not generate credits if canceled.

Once fulfillment work has begun, the order becomes non‑cancelable and non‑refundable.

10. Rescheduling Policy

For Orders that require a scheduled appointment, appointments may be rescheduled before midnight the day prior to the first scheduled appointment without penalty.

Same‑day rescheduling will incur a $50 rescheduling fee.

Rescheduling within two hours of the scheduled appointment will incur a $100 non‑refundable rescheduling fee.

If the Client wishes to reschedule but does not select a new date at the time of rescheduling, Vista Lift Media will cancel the original appointment and invoice the Order total. Vista Lift Media may, at its sole discretion, convert some or all of the amounts actually paid for that Order into an account credit to be applied toward a future appointment. Any such credit will be valid only for rescheduling that Order within 30 days of the original appointment date; after 30 days, any unused credit issued under this Section expires.

11. Weather Policy

Vista Lift Media determines whether weather conditions are suitable for photography or drone operations.

If weather conditions create unsafe or unsuitable conditions, an appointment may be rescheduled without penalty to a date within 30 days of the original appointment time.

12. Payment Terms

Payment in full for the Order is required before any media files can be downloaded, even if some components of the Order (such as video or 3D tours) are still in production. Typical delivery method is pay-before-download (agent gets a chance to view watermarked previews before purchasing and downloading photos), which sometimes only works for photo files and may not work for other file types such as video or 3D tours. In cases where pay‑before‑download does not work with certain file types or is not functioning properly, payment terms will still require payment before Vista Lift Media will submit media files to Client.

Additional services requested after the initial photography/videography appointment must be paid before work begins.

Clients agree not to initiate chargebacks for services already delivered or completed.

13. Refunds and Account Credits

This clause does not guarantee refunds or account credits. Refunds and/or account credits will be granted as required by the Terms of Service or if explicitly granted by Vista Lift Media at its sole discretion.

Refunds, if granted, will typically be processed within 2 weeks of being granted. Unless otherwise agreed, refunds will be returned to the original payment method or original combination thereof.

Account credits, if granted, will be applied to the Client’s account within 48 hours of being granted. Unless otherwise specified in these Terms (for example, credits issued under Section 10: Rescheduling Policy), account credits expire 12 months from the date they are granted. Account credits are always denominated in U.S. dollars, may be applied to any future Orders at Vista Lift Media’s then‑current pricing, and cannot be redeemed for cash or cash equivalents. Expired credits cannot be reclaimed.

13.1 Promotional Service Credits

In addition to dollar‑denominated account credits, Vista Lift Media may from time to time grant complimentary or promotional service credits (for example, a free 2D floorplan with a qualifying Order). Promotional service credits:

• have no cash or account‑credit value and cannot be redeemed for money;

• are redeemable only for the specific service(s), scope, and conditions stated at the time they are granted;

• are subject to any expiration dates or usage limits specified at the time of the offer; and

• may be modified, substituted, or withdrawn by Vista Lift Media if the underlying service or pricing materially changes, in which case Vista Lift Media may offer a reasonably equivalent alternative at its discretion.

14. Revisions and Editing

Clients receive one round of revision requests per order.

Revision requests must be submitted within 24 hours of delivery.

Additional revision rounds or requests outside the original scope may incur fees.

15. Travel Fees

Bundles include travel up to 20 miles one‑way from the photographer’s location.

A‑la‑carte services may incur travel fees.

Vista Lift Media will determine travel distance using the property address and either Vista Lift Media’s primary operating location or the location of the Photographer assigned to the appointment. If additional travel fees apply, they will be included in the quote or order confirmation for Client approval before the appointment is confirmed.

Travel beyond the included distance may incur a fee of $2 per mile.

16. Drone Operations

Drone services are subject to FAA regulations, airspace restrictions, and safety requirements.

If drone services cannot be performed due to regulatory or safety restrictions, the drone portion of the order may be refunded or rescheduled at the client’s choice.

If rescheduled, additional travel fees may apply for the additional property visit.

17. Licensing and Copyright

Vista Lift Media retains full copyright ownership of all produced media.

Clients receive a limited, non‑exclusive, non‑transferable license to use the media for marketing the specific property listing.

Media may not be altered, edited, filtered, or modified without written permission from Vista Lift Media.

18. Listing Expiration and Reuse

Media licenses apply only to the current property listing.

If a property is relisted in the future, a new license must be obtained from Vista Lift Media before the media may be reused.

19. Marketing and Portfolio Rights

Vista Lift Media reserves the right to use produced media for marketing, portfolio display, website content, social media promotion, or any other lawful purpose.

Produced media may incidentally include images of sellers, occupants, visitors, pets, vehicles, license plates, or personal items present at the property at the time of the shoot. The Client is responsible for obtaining any necessary permissions from sellers or occupants. By booking our services, the Client confirms they have such permissions and grants Vista Lift Media the right to use the media as described in this section.

20. MLS and Regulatory Compliance

Clients are responsible for ensuring that their use of media complies with MLS rules, brokerage policies, and applicable laws.

Vista Lift Media is not responsible for violations, charges or claims resulting from how media is used after delivery.

21. Media Storage

Vista Lift Media is not responsible for long‑term storage of media.

Delivered media files will be retained for approximately 30 days after delivery and may be permanently deleted thereafter.

22. Independent Contractor

Vista Lift Media operates as an independent contractor and is not an employee or agent of the Client or brokerage.

23. Limitation of Liability

For any and all claims arising out of or relating to a specific Order, Vista Lift Media’s total aggregate liability shall not exceed the amount paid by the Client for that Order.

Vista Lift Media shall not be liable for indirect, incidental, or consequential damages.

24. Governing Law

These Terms of Service are governed by the laws of the State of California.

25. Discretionary Waivers

Vista Lift Media may, at its sole discretion, waive or reduce any fees, charges, or policy requirements set out in these Terms on a case‑by‑case basis. Any such waivers do not constitute a permanent change to these Terms.

26. Services and Bundles

Unless otherwise agreed in writing before the shoot with Vista Lift Media and Client:

  • Vista Lift Media does not guarantee a specific number of photos, specific camera angles, or coverage of particular rooms or features. The final selection and quantity of delivered media are determined by the Photographer’s professional judgment based on property size, condition, available time, and the services ordered. If the Client requires coverage of specific rooms or features, this must be agreed in writing prior to the appointment.
  • For property lines, Vista Lift Media will approximate based on information provided by Client prior to order placement. If not provided, Vista Lift Media will guess at the property lines and rely on Client feedback/revision request.  Client is fully responsible for noting that the property lines in the photos are approximate. Client takes full responsibility for the use-case of media with property lines.
  • For the advanced photo edit pack (also “premium photo edit pack”):
    • Screen replacement (or TV blackout) includes editing the photo to remove reflections from TV screens. Computer screens, appliance screens, or screens partially covered by other items in the photo may not be replaced with TV blackout. Replacing the TV screens with images (e.g. ocean scenes or screensavers) must be requested in advance of order placement and may not be granted by Vista Lift Media. If granted, the exact image used is not guaranteed. Client is responsible for determining if this is considered a virtual alteration for listing site and MLS requirements and labeling the image as virtually altered if required.
    • Virtual fireplace is a virtual edit to photos and may alter other features of the fireplace (e.g. adding logs to the fire). If fireplaces are partially covered from sight from other objects (e.g. a sofa partially covering the fireplace) virtual fireplace may not be added to these photos. Client is responsible for determining if this is considered a virtual alteration for listing site and MLS requirements and labeling the image as virtually altered if required.
    • Sky replacement is a service where the sky is replaced in images during editing. If the advanced photo edit pack is included with the order, sky replacement will be included by default, unless opted out by the Client. Photographer may choose, at their discretion, to omit sky replacement if they deem unnecessary for professional quality results for photos, unless the Client has explicitly requested all photos to include sky replacement and Vista Lift Media has acknowledged.  Sky replacement is not guaranteed for interior photos. Client is responsible for determining if this is considered a virtual alteration for listing site and MLS requirements and labeling the image as virtually altered if required.
  • Property Website (also “Listing Website” or “Listing Site”). If included in the order, a property website will be provided for Client to fill and populate with description, property details, etc. Media may be delivered through the Property Website but is not required. If any media is delivered via Property Website, not all media must be delivered this way. Property Website hosting is granted for 3 months beyond the order payment and delivery of the property website (whichever is later). Property Website hosting is provided by a 3rd party and Vista Lift Media shall not be held liable for any lack of access due to temporary outages, server issues or maintenance, etc. outside of Vista Lift Media’s control.
  • For video services, resolution, quality, frame rate, and other technical aspects of the video will be at the discretion of the videographer or editor. Video may be filmed in either vertical or horizontal orientation at the discretion of Vista Lift Media unless otherwise agreed or granted. Where length of video is specified (e.g. 30 second video or 60 second video), the exact length is not guaranteed. These times are approximate and have about a +/-15 second tolerance.
  • For drone photos, certain angles and a minimum number of photos are not guaranteed. These photos do not include property lines, street labels, property pins, or other post-editing features unless ordered separately.
  • For drone video footage, certain angles and a minimum number of clips or minimum clip lengths are not guaranteed. These photos do not include property lines, street labels, property pins, or other post-editing features unless ordered separately. Whether or not to include the footage in the final edited video is at the discretion of the video editor.
  • Additional Residence (service) – If client purchases the additional residence add-on, only listing photos are included for the additional residence unless other services are again ordered for the additional residence (e.g. a 2D floorplan ordered does not guarantee Client will receive drone photos of the additional residence. If 2D floorplan is already requested for the additional residence, this may result in order add-ons and/or additional fees).
  • Virtual Twilight Photos – These images are virtual alterations and may be AI assisted at the discretion of Vista Lift Media. Virtual Twilight edits do not guarantee accuracy equivalent to a true twilight image. Light may exist where bulbs or illuminated features do not, lights may not shine the same way or in the same direction, lights on the property may not be illuminated in the virtual twilight photo(s), etc. Vista Lift Media is not responsible for any inaccuracies in these photos. Unless certain angles are specified and agreed with the order, which photos will be used for the Virtual Twilight Edits will be at the discretion of Vista Lift Media. Virtual Twilight edits of interior photos may not be possible. Client is fully responsible for noting that the virtual twilight images are digitally altered and marking them as required for compliance with MLS and/or other regulatory requirements.
  • True Twilight Shoot (service) (also “real twilight shoot”; “real twilight photos”; “true twilight photos”; “sunset photos”; “evening photos”) – Property will be photographed during evening hours. Usable hours of twilight lighting is a slim window. Agent is required to ensure the property is photo-ready at least 1 hour prior to sunset to ensure the photographer has enough time to capture photos of the property, which includes illuminating all light features included interior lights, exterior lights, landscape lights, pool lights, etc. where applicable. Interior photos are not guaranteed. Certain angles or shots are not guaranteed and are at the discretion of the photographer. True Twilight Shoots do not include virtual edits. The service does not include additional edits or add on features/services. If any lights are not illuminated during the virtual twilight appointment, the photographer may choose, at their discretion, to cancel the appointment (cancellation fees will apply), or photograph the property as-is. If the Client requests re-photographing the property with any lights that were missed during the photoshoot, this will result in additional appointment bookings, service fees, and travel fees.
  • Virtual staging (service) – Virtual staging is a service where photos are digitally altered to add furniture and/or other features. Virtual staging may be AI-assisted at the discretion of Vista Lift Media. Client cannot request specific furniture, colors, style, etc. for these photos. The editor will choose the photos for virtual staging at their discretion. Certain angles or photos for virtual staging may not be guaranteed. Vista Lift Media may, at their discretion, use the same image/angle with multiple different versions, furniture, or styles, as multiple virtually staged images. Client is fully responsible for noting that the virtual staging images are digitally altered and marking them as required for compliance with MLS and/or other regulatory requirements.
  • 2D Floorplan (service) – The 2D floorplan is delivered in PDF format and may include dimensions, exclude dimensions, or both at Vista Lift Media’s discretion unless agreed in writing prior to ordering. If the 2D floorplan includes dimensions, the dimensions are approximate for reference only and are not guaranteed or verified with actual room measurements. A GLA report is not provided unless ordered separately. 2D Floorplans may be delivered up to 48 hours after the last scheduled appointment has ended. Client is responsible for noting on listing sites that dimensions are approximate and not guaranteed (and marking the images as required).
  • Object removal & Room Clear/Declutter – Removal of objects and room clear/declutter are add-on services where items are digitally removed from images during editing. Client is fully responsible for noting that these images are digitally altered and marking them as required for compliance with MLS and/or other regulatory requirements.
  • Detail Photos – These photos are generally more creative/artistic than standard HDR listing photos and usually have more bokeh (background blur), are more zoomed in (not wide angle) and tend to focus on specific features throughout the house (door handles, fixtures, chandeliers, etc.). Vista Lift Media does not guarantee specific settings in these photos or specific angles of objects/features. Detail photos may be shot in horizontal orientation, vertical orientation, or both.
  • Community Photos – This service is for the photographer to capture photos of surrounding areas not on the property. Specific areas or features must be specified prior to the order and confirmed by Vista Lift Media prior to the appointment. Without an agreement, photographer will capture surrounding areas/features at their discretion. This service includes up to 30 minutes of the photographer’s time. If additional time is needed, the Client requests additional time, and the photographer grants it, the additional time will be billed at a rate of $60 per hour USD, prorated and rounded up to the nearest half an hour. (discussing the agents’ request(s), photographing, driving to specific locations if required, and any other necessary actions required for on-site fulfillment of the service all count toward this time). Additional time is not guaranteed.
  • Slideshows – Slideshows are delivered in a video file format but are created from the photos taken during the photoshoot. Photos from other photographers may not be used for slideshow orders. Slideshows are not AI-generated videos from photos (a separate service). No technical specifications are guaranteed for slideshows (including video frame rate, resolution, maximum length of video, minimum length of video, which photos are used, how many photos are used, etc.). Slideshows may use vertical photos, horizontal photos, or both. The output of the video may be horizontal or vertical. If both a horizontal video and vertical video are needed, two slideshows must be ordered.
  • The Client is responsible for determining which images qualify as digitally altered or ‘virtually staged’ under MLS or regulatory rules (including but not limited to virtual staging, virtual twilight, object removal, screen replacement, sky replacement, and similar edits), and for labeling or disclosing them as required. If the Client is unsure which images contain such edits, the Client must request clarification from Vista Lift Media before publishing. Vista Lift Media is not responsible for any non‑compliance arising from how images are labeled or disclosed after delivery.