Terms Of Service

Welcome to 1 OAK Studios. Thank you for choosing us to be your reliable marketing partner.

These terms and conditions outline the term for working with 1 OAK Studios,

To know us better, Please make sure to read all our terms and company policies

By accessing this website and placing a booking with 1 OAK Studios you agree and accept these terms and conditions in full.

SERVICE & PRODUCTION REQUESTS: 

To ensure the best results of the service & production requested, please be sure the property is ready prior to the scheduled call time.

​

•  It is the Client’s responsibility to ensure that the property is ready at the arranged time. please view our pre-shoot checklist

• You must have everything ready BEFORE our arrival, not during, this will help us stay on schedule for other projects and be more efficient with the time allocated for your project. This is in your best interest! 

• For liability, 1 OAK Studios DOES NOT handle any cleaning, dusting, decluttering, rearranging or moving furniture or decor, that includes any personal objects, bathroom products. “We may move something small for the benefit of a photo but our time is to be used getting the best angles, not cleaning up the place.”

• If the place is not ready, we can shoot as is, if the agent wishes todo so, if not, you can book a reschedule, “rescheduling fees apply - read our cancellation and postponement policy.”

• 1 OAK Studios is not able to physically move or remove property signs.

• The Client in regard to the property shall ensure that there are no hazards to 1 OAK Studios or its employees at the site.

• 1 OAK Studios will work with the Client in regard to the property owner’s pets. If pets will be an issue please make a note of it when services are ordered.

• 1 OAK Studios will be photographing and filming throughout the entire property. Utility rooms and closets are typically not included, but if you would like those included please let an employee of 1 OAK Studios know prior to the shoot.

• If there is predictable bad weather, the Client must reschedule with us at least 24 hours before the shoot. Last minute postponements or cancellations are subject to a fee, or a default on the booking fee.

TURNAROUND TIME: 

Creating quality content takes time. Once on site, 1 OAK Studios will need 1-4 hours depending on the services requested. Delays that may arise could affect or jeopardize the production schedule and turnaround time for delivery.
 

• 48 hrs for photos (most of the time sooner unless its a massive project and it needs more time to edit) Rush Edits Available*

• 48 hrs for twilight/virtual twilight photos

• 2-3 business days for virtual staging photos

• 1 business day for 3D virtual tours (Matterport)

• 2 business days for 2D floor plans

• 24 hrs for dedicated property websites (after content is created)

• 1-2 business days for 30-45 second highlight videos

• 2-3 business days for 1-2 minute cinematic videos

• 3-5 business days for 1-3 minute luxury videos

• 7-15 business days for creative projects

• 1-2 business days for Photo Revision Requests ($20/photo)

• 1-2 business days for Video Revision Requests (One complimentary revision; $100/additional revision)

• Same-day photo rush delivery ($150)*

• Next-day video rush delivery ($250)*

• 5-7 business days for virtual renovations

• 1-2 business days for virtual staging

*1 OAK Studios may not always be able to provide these services.

PHOTOGRAPHY REVISIONS:

A full photo editing is already Included with pricing, any additional photoshop editing involved (clean driveways, patch grass, trim trees, color walls, fix holes, clean pool) Any and all digital handyman work. will be charged at $10 per photo.

VIDEO EDITING & POST-PROCESSING: 

1 OAK Studios property videos 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 to 1 OAK Studios prior to the start of the shoot.

• After content is delivered, please let us know within 2 business days if you have any changes (limit two revisions) you would like to make.

• After 2 business days, we will consider the project completed and any changes may be subject to additional fees ($100/hour).

DELIVERY:

All deliverables will be sent via a portal link and dropbox link. We encourage all clients to download all files to a hard drive, dropbox or storage of their choice, right after delivery. Delivery links will auto delete. 1 OAK Studios is not responsible for lost or stolen data.

BOOK KEEPING:

1 OAK Studios keeps track of all your orders in our portal. 1 OAK Studios is not responsible for keeping track of client accounts or invoicing. We encourage all clients to create a document where they can keep track of all their own expenses.

SOLICITATION:

The Client shall not, directly or indirectly,  solicit or attempt to solicit any employee or contractor of 1 OAK Studios to terminate their employment or contractor relationship with 1 OAK Studios, or hire or attempt to hire any employee or contractor of 1 OAK Studios, for any reason without the express written consent of 1 OAK Studios.​

TRAVEL COST: 

In the event that travel is needed outside our standard service area, there will be an additional $100 per hour travel fee. This fee covers our Creative Specialists' time and operating costs.

Out side of state travel will require an airfare and logging fee depending on location.

SUNDAY FEE: 

Weekend shoots are subject to availability. In the event that a weekend shoot is requested, there will be an additional $100 weekend fee. This fee covers overtime for our Creative Specialists for working on a day off.

3D MATTERPORT VIRTUAL TOURS:

• 3D Matterport Virtual Tours include free hosting for 3 months.

• After 3 months, 3D Matterport Virtual Tours will be archived and the branded and unbranded links will no longer be active. 

• Extended hosting is available for $60 Annually per Active Scan (12 months of hosting).

​​

CANCELLATION & POSTPONEMENT POLICY:

We understand that sometimes schedule adjustments are necessary.  Therefore, we offer some flexibility for the Client to cancel or postpone projects. The Client must notify 1 OAK Studios of any necessary changes to the schedule 24 hours in advance.

• Any appointment canceled or changed without 24-hour notice will result in a $200 fee or default of the booking fee.

• Any appointment missed (Once an employee of 1 OAK Studios is on site and are unable to shoot the property), will result in a $200 fee or default of the booking fee.

• Any appointment delayed by more than half an hour will be subject to a rescheduling fee $200. Our team is required to leave at the end of the scheduled shoot if they have another appointment, and we will need to reschedule if the project is incomplete. The agent assumes all responsibility for delays.

• Reschedules will be subject to availability at standard rates.

• If one of our employees must go back because the home is not ready this will be considered a postponement, there for a $200 fee or default on your deposit. Reschedules will be subject to availability and standard rates.

WEATHER POLICY:

There may be events when services cannot be fulfilled due to weather. In those circumstances, the decision about the shooting is up to the Client. 1 OAK Studios will give advice but If the Client proceeds with production, 1 OAK Studios will provide to the best of our ability to complete the shoot. If additional outdoor production is required on another day with better weather, standard rescheduling rates will apply. If there is predictable bad weather, please reschedule with us at least 24 hours before the shoot. Cancellations must be made 24 hours in advance. 

• Reschedules will be subject to availability.

​

RESHOOT AND PICK-UP SHOOTS POLICY:

Reshoots and Pick-Up Shoots may be subject to an additional fee, determined by the amount of extra time spent on site.

• If you encounter an issue with your content, please let us know within 4 business days of your shoot date, otherwise the project will be considered as completed.

• Reshoots and pickups will be subject to availability at standard rates.

​

WORK PRODUCT OWNERSHIP:

Any copyrightable works, intellectual property, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by 1 OAK Studios shall be the exclusive property of 1 OAK Studios.
1 OAK Studios 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 1 OAK Studios unless waived by amendment to this agreement. The unauthorized use of photographs/video is a copyright violation and will result in the termination of this our written contract.

LIMITED LICENSING RELEASE:

In order to provide the Client with the best service and support at reasonable pricing, 1 OAK Studios does not sell exclusive rights to the Work Product, content, or intellectual property produced. 1 OAK Studios licenses their use. The fee quoted is dependent on (1) payment of the invoice in full prior to the scheduled production call time, and (2) using the video/photographs only as indicated.

​

• 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. for the duration of the listing agreement.

• Builders, Stagers, Designers, or “Third Parties” that wish to use Photographs or Video must contact 1 OAK Studios directly for licensing and fees.

• For image integrity and quality control 1 OAK Studios asks that photographs and video not be heavily altered once delivered. Re-sizing is an exception.

• Photographs and video cannot/will not be made available to another real estate agent or person who takes over an expired or withdrawn listing. unless approves by 1 OAK Studios.

• It is prohibited for Client to resale, transfer, or simply give photography or video to another real estate agent or person who take over an expired or withdrawn listing.

• In the event that more than one party (builder, interior designer, broker, architect) wishes to use the images. a payment bracket is established by 1 OAK Studios to make it fair and affordable for all parties to make use of the work.

• All Images and Videos used for publicity Must Include the following Credits:
  Photography or Video By 1 OAK Studios 
  1 OAK Studios grants the Client / Broker / Developer a Limited Usage License for all marketing material associated with the related images or the client's self-promotion. All image Copyright legally resides with 1 OAK Studios, photos may be used in 1 OAK Studios or photographer's portfolio and for in marketing campaigns. Any use of the images by a third party (outside magazine, blog, digital publication, design firm, etc. for purposes of their own self-promotion) is strictly prohibited unless approved by 1 OAK Studios or photographer and may be subject to an additional fee. Payment for the photo shoot and associated licensing fees must be made before the license is granted and photos are delivered.

USAGE:

The Work Product provided by 1 OAK Studios may be uploaded to any social media, personal website, or MLS listing services by the Client, for the promotion of the listing during the pendency of this Agreement, or as a part of listing portfolio to be used for lead generation or soliciting new business. However, regardless of any terms and conditions of 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.

MEDIA RELEASE:

The Client hereby waives any right to inspect or approve future use of the Work, Intellectual Property not associated with the services that may be used in conjunction with them now or in the future, whether that use is known or unknown so long as its use does not contain Client’s name, logo, likeness, or any person or pet directly associated with Client that is readily identifiable pursuant to Section 21. Client waives any right to royalties or other compensation arising from or related to the approved use of Client’s image and/or likeness.

PROPERTY OWNER APPROVAL:

The Client may need to obtain written signed approval from the property owner prior to servicing or producing the Work Product. 1 OAK Studios can provide (at request) a written approval form. 1 OAK Studios makes every effort to maintain the privacy of the property owner's neighbors. All footage is focused on the property being filmed and 1 OAK Studios will do their best to respect the privacy of anyone not directly involved. If necessary, the Client may be required to ask for permission from neighbors before 1 OAK Studios begins filming.   

EQUIPMENT DAMAGES:

The client agrees to take full responsibility for any damages, loss or theft incurred to equipment while in the property. 1 OAK Studios is not liable for any damages, loss or theft caused to equipment as a result of negligence or misuse by the client. unless the damage, loss or theft is a direct result made by the 1 OAK Studios photographer or team member, Any damages or losses incurred must be reported immediately to 1 OAK Studios and will be billed to the client accordingly.

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.

​

The undersigned further expressly agrees that the forgoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

PAYMENT & LATE FEES:

Payment is due before the project date unless stipulated otherwise for special circumstances. Overdue payments are subject to a $50/month late fee at our discretion. Payments overdue past a month are subject to an additional $50/month or 10%/month late fee at our discretion. Booking a service with us means you agree to and understand the payment schedule on your quote/order and the applicable late fees for non-payment.
 

ACKNOWLEDGEMENT OF UNDERSTANDING: 

I have read the entirety of this Agreement, waiver of liability, assumption of risk, and indemnity agreement, and fully understand its terms. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature or decision to proceed with 1 OAK Studios servicing or producing the Work Product to be a complete and unconditional release of all liability to the greatest extent allowed by law. 

Waiver of Liability and Assumption of Risk Agreement
Use of Premises 

​

By ordering services from 1 OAK Studios, the Client agrees to the entirety of the following Agreement for any and all productions or work associated with this project. We hope these policies are helpful and instructional as we work together to create beautiful content for your marketing needs.

WAIVER:

In consideration of the service(s) to be conducted and project(s) to be produced at the premises, its satellite, or other extensions of said premises related to this project, I, myself, my business, or any other entity I represent including my broker, clients, heirs, representatives or assignees, do hereby release, waive, discharge, and covenant not to sue 1 OAK Studios, Corp, hereafter referred to as "1 OAK Studios," its trustees, directors, officers, employees, contractors, and/or agents from liability from any and all claims including negligence resulting in personal injury, accidents, or illnesses (including death) and property loss arising from the use of or presence at said premises.

​

INDEMNIFICATION AND HOLD HARMLESS:

I also agree to indemnify and hold harmless 1 OAK Studios Corp its trustees, directors, officers, employees, contractors, and agents, from any and all claims, actions, suits, costs, expenses, damages, and liabilities including attorney fees as a result of this project and the use of premises.

​

ASSUMPTION OF RISK:

Production during the current Florida Executive Order N-33-20 stipulates certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries, accidents, or illnesses. I have read the previous paragraphs and I know, understand, and appreciate these and other risks are inherent in the activity. I am participating in. I hereby assert that my participation and position is voluntary and that I knowingly assume all such risks

Last Revised Aug 2021