Terms of Service

1. Who these terms are between

These Terms of Service (the "Terms") are an agreement between ArrowBear Media LLC, a California limited liability company doing business as Highridge Real Estate Media ("Highridge," "we," "us"), and the person or entity booking services ("you," "Client").

These Terms are written for licensed real estate agents, brokerages, property managers, and property owners booking media services for business purposes. They are not a consumer agreement.

You accept these Terms when you book a shoot — by ticking the acceptance box on the order form, or by confirming a booking in writing. If you are booking on behalf of a brokerage, team, or property owner, you represent that you are authorised to bind them.

2. Booking and scheduling

A booking is confirmed when we confirm it in writing and a valid payment card is on file. Until then, a requested date is a request, not a reservation.

Scheduling is subject to availability, daylight, and weather. We batch Big Bear Valley shoots on specific days and will tell you the options when you book. Shoot times for exterior and aerial work are set by light, not by preference.

3. Access and property preparation

You are responsible for arranging access at the scheduled time — lockbox code, gate code, key, or meeting us on site — and for making sure we can reach the property by road. You are responsible for the property being ready to photograph: staged, cleaned, lights working, vehicles moved, pets secured.

We photograph the property as we find it. Reasonable minor adjustments are part of the job. We do not clean, stage, move furniture, or remove clutter, and we are not responsible for the result if the property is not ready.

If we arrive and cannot gain access, or the property is unworkable, the same-day cancellation fee in Section 5 applies.

4. Pricing and payment

Prices are those published at highridge.media/pricing on the date of booking, or as quoted in writing. Price depends on the package and the square footage of the property. A travel fee may apply outside the free service area — see the service area map.

A valid payment card must be on file to confirm a booking. Nothing is charged until your media is delivered. On delivery, the card on file is charged the full balance unless we have agreed invoice terms in writing.

Invoiced balances are due on receipt unless stated otherwise. Balances more than 30 days overdue accrue a late charge of 1.5% per month (18% per year) on the outstanding amount. We may decline to schedule further shoots while an account is past due.

Sales tax is added where applicable.

5. Cancellation, rescheduling and weather

• More than 24 hours' notice: reschedule or cancel free.
• Less than 24 hours' notice, or we cannot access the property: a $75 fee, charged to the card on file. This is a reasonable estimate of the cost of a lost shoot slot and the travel already committed — not a penalty.
• Weather: if snow, ice, wind beyond safe drone limits, fog, or road closure prevents the shoot, we reschedule at no charge. We will not charge mountain clients for mountain weather.
• Once a shoot has occurred, the fee is earned and payable whether or not you use the media.

6. Delivery and turnaround

Photographs are delivered the next business day. Video is delivered within 48 hours. Rush same-day delivery is available for an additional fee where scheduling permits.

We deliver an edited selection, not every frame captured. Editing decisions — selection, colour, exposure blending, crop — are ours. Unedited or raw files are not part of any package and are not delivered.

We keep delivered media available for download for 90 days. After that we may archive or delete it. Download and back up your files. Re-delivery from archive, where possible, is subject to a retrieval fee.

7. Copyright and licence

Read this section. It is the part of this agreement most likely to matter later, and it is the part most people assume they already understand.

7.1 We own the copyright. Highridge is the author of all photographs, video, and other media produced under these Terms and owns the copyright in them. Media produced for you is not a "work made for hire." Booking a shoot buys you a licence to use the media, not ownership of it. Copyright is not transferred unless we sign a separate written assignment.

7.2 Each image is licensed separately. Media is produced and priced per property, and each photograph and video has independent economic value. Nothing in these Terms makes a delivery a single collective work.

7.3 The licence begins on payment. No licence of any kind is granted until the invoice for the shoot is paid in full. Use of unpaid media is unlicensed.

7.4 MLS channel licence

On payment, we grant you an irrevocable, perpetual, royalty-free, non-exclusive, transferable licence, with the right to sublicense, to submit the media to any Multiple Listing Service and to allow that MLS, its participants, subscribers, and downstream syndication and IDX partners to store, reproduce, compile, display, distribute, and use the media — including for comparative market analysis and appraisal, and including after the listing closes, expires, or is withdrawn.

This grant exists because California MLS rules require it. It is limited to the MLS channel and the uses that channel makes of submitted media. It is severable from the licence in Section 7.5, and if any part of Section 7.5 is unenforceable this Section 7.4 survives independently.

7.5 Direct marketing licence

On payment, we also grant you a non-exclusive, non-transferable licence to use the media outside the MLS channel to market the specific property photographed, for as long as you are the listing agent or authorised representative for that listing. That includes your own website, social media, print collateral, email, portals, and paid advertising for that listing.

This licence does not include:

• Use on a different property or a different listing.
• Re-listing the same property at a later date under a new listing agreement — that requires a new licence, which we will normally grant at a modest fee.
• Transfer or sublicensing to another agent, brokerage, seller, buyer, builder, or third party, except through the MLS channel in Section 7.4.
• Sale, licensing, or syndication of the media to any third party for a fee.
• Use by your brokerage generally, for institutional or recruitment marketing, beyond marketing this listing.
• Modification of the media beyond cropping and minor colour adjustment. Do not apply filters, alter content, or composite our media into other works.

If you need any of the above, ask. It is almost always available and inexpensive. It is far cheaper to ask than to be found out later.

7.6 Credit and our own use

Credit is appreciated but not required. We retain the right to use the media in our own portfolio, website, social media, and marketing. If a property is sensitive and you need us not to, tell us in writing before the shoot and we will honour it.

8. MLS compliance

8.1 No watermarks on MLS media. California MLS rules prohibit branding on submitted media — logos, watermarks, contact details, and photographs showing "for sale" signage. The set we deliver for MLS use is unbranded and compliant. Any watermarked or branded version we provide is for your own marketing use only and must not be submitted to an MLS.

8.2 Digitally altered images. Virtual staging, virtual twilight, and similar edits are digitally altered images under California MLS rules. Where we supply them we will also supply the unaltered original. You are responsible for complying with your MLS's disclosure and labelling requirements, including submitting the original and labelling the altered image. We do not alter real property elements — flooring, walls, fixtures, landscaping — or external elements such as utility poles or neighbouring properties, and we will decline requests to do so.

8.3 Your MLS relationship is yours. We are not a party to your MLS agreement and are not responsible for your compliance with it.

9. Your warranties to us

By booking, you represent and warrant that:

• You are authorised to have the property photographed, and the owner has consented — including to aerial photography and to interior photography of occupied spaces.
• You have authority to grant us access at the scheduled time.
• You have disclosed any HOA rule, gated-community restriction, lease term, or local ordinance that limits photography or drone operation at the property.
• Occupants have been informed of the shoot, and personal items the owner does not want photographed have been removed or identified.
• You will use the media only as Section 7 permits.

If we are asked to photograph artwork, signage, or other material owned by someone else and visible in frame, clearing that is your responsibility.

10. Aerial operations

Aerial work is conducted under FAA Part 107 by a certificated remote pilot, with the aircraft registered and Remote ID compliant.

Aerial deliverables are subject to FAA authorisation and safe conditions. Controlled airspace, temporary flight restrictions, wind, and visibility can all prevent a flight, sometimes with no notice. If we cannot legally or safely fly, the package price is reduced by the value of the aerial component and the rest of the shoot proceeds. You are never charged for a shot we could not take.

We will not fly where flight would be unlawful, unsafe, or an invasion of privacy. We do not photograph into neighbouring dwellings and we comply with California Civil Code section 1708.8. If a shot you have asked for would require either, we will decline it.

11. Limitation of liability

Our total liability arising out of or relating to a shoot is limited to the amount you paid us for that shoot. We are not liable for indirect, incidental, consequential, or special damages, including lost sales, lost commission, or lost listing opportunity.

We are not liable for a listing's commercial outcome. Media is one input among many.

Nothing in this Section limits or excludes liability to the extent California Civil Code section 1668 prohibits — including liability for fraud, for wilful injury to the person or property of another, or for violation of law. If any part of this Section is held unenforceable, the remainder continues to apply to the fullest extent permitted.

We carry general liability and drone liability insurance. A certificate is available on request.

12. Indemnification

You will indemnify, defend, and hold harmless ArrowBear Media LLC and its members and contractors from any claim, loss, liability, or expense — including reasonable attorneys' fees and costs of defence — arising from your breach of the warranties in Section 9, your use of the media beyond the licence in Section 7, or your MLS submissions.

We will notify you promptly of any claim and tender its defence to you. You will control the defence with counsel reasonably acceptable to us and will not settle in a way that imposes obligations on us without our written consent.

13. General

Governing law and venue. California law governs, without regard to conflict-of-law rules. Venue is San Bernardino County, California.

Attorneys' fees. In any action to enforce these Terms, the prevailing party is entitled to recover reasonable attorneys' fees and costs. This applies to both parties equally.

Independent contractor. We are an independent contractor, not your employee, agent, or partner.

Severability. If any provision is held unenforceable, it is modified to the minimum extent necessary to make it enforceable, or severed, and the rest of these Terms remain in effect.

Entire agreement. These Terms, together with the booking confirmation and any written quote, are the entire agreement and supersede prior discussions.

Changes. We may update these Terms. The version in effect on the date you book governs that booking.

Questions. [email protected].

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Highridge Real Estate Media is a DBA of ArrowBear Media LLC, Running Springs, California. See also our Privacy Policy.