Terms of service

   TERMS OF SERVICE  - 2025

GUIDELINES IN PLACE TO ENSURE PROPER EXPECTATIONS & UNDERSTANDING

By ordering services from Sundae Spaces, the client agrees to the following Service Agreement for video and photo needs. We have these guidelines in place to ensure a smooth and efficient service is completed by us as Sundae Spaces and received by you as the client. By ordering services from Sundae Spaces, the client agrees to the following Service Agreement for video and photo needs. We have these guidelines in place to ensure a smooth and efficient service is completed by us as Sundae Spaces and received by you as the client.

APPOINTMENT REQUESTS:

 

  • To ensure the best results of the appointment, please be sure the property is ready prior to the scheduled appointment.

  • By confirming your appointment, you agree to the readiness expectations and policy: you agree that the home will be ready to photograph and film on the scheduled date and time you have selected. This includes working with the builder and seller to ensure the home is photo and/or video ready prior to our arrival.

  • While Sundae Spaces does strive to honor the requested appointment time, we do reserve the right to change your time to accommodate our travel schedules. 

  • Any home that is not photo and/or video ready on the scheduled date or canceled 2 hours before the appointment will result in an additional fee of 25% of the total invoice to cover the costs associated with scheduling and retaining the production crew members. In the event where the weather or other uncontrollable circumstances may prohibit or delay Production, Company may cancel, postpone, or reschedule Production. Reschedules are subject to Company availability.of rescheduling and/or day of cancellation fee.

  • For liability purposes, Sundae Spaces does not handle any of the prep for the readiness of the property, including but not limited to, cleaning or moving of furniture.

 

TIME, CANCELLATIONS, AND WEATHER POLICY:

 

  • By confirming your appointment, you agree to Sundae Spaces’s cancellation/reschedule policy: cancellation/reschedule of appointment is allowed up to 24 hours before appointment.

  • Any cancellation and/or rescheduling of appointment within 24-2 hours before the scheduled appointment will result in a $75 fee.

  • Though we do not charge for a rescheduling fee due to weather related circumstances, it is at the client’s discretion if they would prefer to reschedule the set appointment due to weather related circumstances. NOTE: we cannot provide aerial/drone services while it is raining/there is moisture in the air or during hazardous wind conditions.

  • If the client would like to reschedule due to weather related conditions, we ask the client to reschedule within 24 hours before the appointment.

  • Turnaround time for video is typically 1-4 business days.

  • Turnaround time for photos is typically 1-3 business days.

  • Next-day video rush delivery is available at a fee of $100. However, Sundae Spaces may not always be able to provide this service.
     

REFUNDS:

  • At Sundae Spaces, our services are nonrefundable. We pride ourselves on producing the best media possible at all levels. If you are unhappy with your media, please contact our office directly at 845.681.2545

 

TRAVEL & ADDITIONAL SQUARE FOOTAGE COST:

 

  • Sundae Spaces covers a 30 mile radius within our central office location in West Saugerties NY. In the case Sundae Spaces is needed to travel 30 miles outside of our central office location, there will be an additional $50 travel fee + $2 per mile for any miles traveled outside of our 30 mile radius from our office (this includes travel to and from the location). This fee covers Sundae Spaces’s time and operational cost. See our online booking platform to visit the calculator to determine your travel cost based on your property location. All mileage outside of the state of New York does require a custom travel quote.

PRODUCTION TIMELINE:

Client understands and agrees that creating quality content takes time. Sundae Spaces requires 1-4 hours on the job site for production depending on the Services requested. Rush Photo Editing and Rush Video Editing services are subject to additional fees. Unpredictable and uncontrollable delays that may arise could affect or jeopardize the production schedule and delivery turnaround times. Should production proceed as normal without significant delays or postponement, our expected turnaround times for delivery are as follows:
 

  1. 1-3 business day:

    1. Photographs

    2. Twilight and/or Virtual Twilight Photographs

    3. 3D Virtual Tours

    4. Dedicated Listing Websites

  2. 3-4 business days:

    1. Highlight Videos (30-45 seconds)

    2. Photo Revision Requests

    3. Video Revision Requests

  3. 3 business days:

    1. Virtual Staging and/or Virtual Cleaning Photos

    2. Illustrated Drone Photos

    3. 2D Floor Plans

    4. Cinematic Videos (1-2 minutes)

    5. Luxury Videos (1-3 minutes)

  4. 5 business days:

    1. Illustrated 2D Floor Plans

  5. Variable turnaround times:

    1. Rush Photo Editing

    2. Rush Video Editing

    3. Commercial Production

• 4. Computer Generated Imagery Renderings (CGI)

PHOTOGRAPHY POST-EDITING:

Sundae Spaces’s photos are typically delivered 1-3 business days from the shoot date. Any additional photo edits, photoshop, clean up, specific/intricate requests, etc. will require a minimum of $10 per photo re-editing charge for basic edits and $40 to clear the room of all objects. Please include all intricate details regarding editing requests in the appointment notes at booking to avoid any re-editing fees.

VIDEO POST-EDITING:

 

  • Sundae Spaces’s video walk-throughs typically follow a format of drone footage followed by property walk-through, with royalty free music. If another format is needed, the client must provide specific requirements or details in the “comments” section when booking an appointment with Sundae Spaces prior to editing.

  • Any additional edits to a video or photo order after Sundae Spaces has finalized it requires additional work for Sundae Spaces and will be subject to a re-editing fee of $150 minimum and a hourly rate of $100 per hour. This re-edit fee could be greater depending on the client's edit requests.
     

LIMITED LICENSING RELEASE:

 

  • Sundae Spaces does not sell photographs or video. Instead, we license the use of them for the sell and promotion of a real estate listing or commercial/ event promotion. Photographs and videos are considered intellectual property– much like music or software you may purchase. You’re not ‘owning’ the photos/music/software, but instead using it for your specific need, which in most cases is the sell and promotion of a listing or event. In any case, the photographs and videos should only be used for what the client indicated during the initial agreement.
     

  • In the Licensing Release, only the client has permission to use the delivered photos and video on any electronic or printed forms of advertisement for the promotion of the listing. Clients may use these videos and photographs on their social media or MLS listing services by the purchasing client, solely for the promotion of the listing during the pendency of the agreement. This means that any builders, stagers, designers, or “third parties” who wish to use photographs or video owned by Sundae Spaces must contact us directly for licensing and fees of their own.
     

  • However, regardless of any terms and conditions of the MLS, at no time does this agreement provide the right to transfer copyright or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106.
     

  • Since photography is a large part of what we do, we ask that our images keep their integrity and originality. Please avoid heavily altering (with exception of resizing) our photographs and video once delivered. This ensures that the product that we’ve created and put out accurately reflects our standards and quality assurance.
     

  • Photographs and video can be made available to another real estate agent or person who takes over an expired or withdrawn listing at a rebranding fee, at the consent of the former agent & person. Please contact us for any rebranding needs.
     

  • The key words are permission and license. Without it, you’re in violation of our terms of service, but more so, you’re discrediting our originality. If you’re unclear on the usages of your photos or videos, be sure to ask any and all questions. We're here to be a team and want nothing but transparency with our clients!

MATTERPORT 3D VIRTUAL TOURS:

All Matterport 3D Virtual Tours include complimentary hosting for 6 months. After the hosting expires, 3D Virtual Tours are archived and the branded and unbranded links will be inactive. Extended hosting may be available for a $60 annual renewal fee per scan. Renewals are only available to the original licensee.

 

PAYMENT & LATE FEES:

 

  • Full payment is due upon delivery of media at time of download. We do require payment for media to be unlocked in the property gallery to allow for download. We do not work via invoice or net terms unless prior arrangements have been made.

  • Overdue payments are subject to a $25/week late fee at our discretion.

  • Payments overdue past a month are subject to an additional $100/month or 10%/month late fee at our discretion.

  • Booking a service with us means you agree and understand the payment schedule on your quote/order and the applicable late fees for non-payment.

  • In the event the bill goes without payment for more than 4 weeks, UCBR and your brokerage office will be contacted and informed of the outstanding balance to a vendor.

PHOTO & VIDEO USAGE:

  • Client may use the Project to market and advertise the subject matter depicted in the Intellectual Property for lead generation or soliciting new or reoccurring business.

  • Client and Client’s broker, manager, or company of employment may share the Project to promote its brand.

  • Client may not alter the final deliverable without written approval from Company.

  • Client may use the Project to promote or grow the Client’s business interests in advertising or marketing across any and all platforms including but not limited to Facebook, Instagram, YouTube, Vimeo, Twitter, LinkedIn, Snapchat, personal website(s), dedicated listing website(s), blogs, or third-party multimedia publications.

  • Client may freely advertise, market, perform, exhibit, broadcast, display, or publish the Project so long as its performance is not for direct, commercial use where profit is made directly from the sale or distribution of the Project.

  • Project may be uploaded by the Client to MLS when applicable. However, regardless of any terms and conditions of this Agreement or the MLS, at no time does this Agreement provide the right to transfer copyright, licenses, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106.

  • Client understands that the Project does not include the rights of or access to the raw materials or original digital files used to create the final deliverable(s).

 

WORK PRODUCT OWNERSHIP:

 

  • Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by Sundae Spaces shall be the exclusive property of Sundae Spaces.

  • Sundae Spaces reserves the right to use video and photos for advertising, display, publication, or other purposes.

  • All photos, samples, videos, and proofs remain the exclusive property of Sundae Spaces unless waived by amendment to this agreement. Unauthorized use of photographs/video is a copyright violation and will result in the termination of this contract.

 

PROPERTY OWNER APPROVAL:

 

  • The Client may need to obtain a written signed approval from the property owner prior to filming or taking pictures. Sundae Spaces can provide (at request) a written approval form.

  • Sundae Spaces makes every effort to maintain the privacy of the property owner's neighbors. All footage is focused on the property being filmed and Sundae Spaces will do best to respect the privacy of anyone not directly involved. If necessary, the client may be required to ask for permission from neighbors before Sundae Spaces begins filming.

 

 

SEVERABILITY:

 

• If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.