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Terms of Service

Questions? Please reach out directly: 218-656-6355

 

 

Right of Refusal

Motion 46 Media reserves the right to refuse, pause, or end any shoot at our team's discretion.

Our team's safety and wellbeing come first, always. But beyond physical safety, we also have a responsibility to ensure our photographers are working in a professional, respectful environment. A shoot may be ended early or refused if any of the following conditions are present:

  • Property condition — The property is in a state that makes safe or effective photography unreasonable (excessive clutter, hazardous conditions, structural concerns, etc.)

  • Neighborhood or site safety — Our team feels unsafe at or around the location for any reason

  • Pets — As outlined in our Pet Policy below

  • Homeowner or occupant behavior — Team members are treated rudely, disrespectfully, or in any way that creates a hostile or uncomfortable working environment (see Tenant Occupied Properties below)

If our team chooses to leave under any of these circumstances, the standard cancellation fee will apply. The shoot may be rescheduled once the concern has been addressed and confirmed with our office in advance.

We hold ourselves to a high standard — we ask the same of the environments we work in.

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Pet Policy

To ensure a safe and professional working environment for our team, all pets must be either removed from the property or fully secured in a crate/kennel.

Unsecured pets — including dogs that jump on team members or unfriendly/roaming cats — create uncomfortable and unprofessional working conditions that interfere with our ability to do our best work.

If our photographer arrives and pets are not properly secured, they will make one request for the situation to be resolved. If the issue cannot be remedied at that time, Motion 46 Media reserves the right to end or decline the shoot. In this case, the standard cancellation fee will apply and the shoot may be rescheduled.

This policy exists not to be difficult, but to protect our team and help us deliver the quality you expect. A quick heads-up to your sellers before shoot day goes a long way.

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Reschedules & Cancellations

We understand that things come up, but to respect our team's time and scheduling, the following policy applies:

Any reschedule or cancellation* made within 24 hours of the scheduled appointment will incur a 15% fee based on the order total. This helps cover the time and resources already allocated to the shoot.

To avoid this fee, please notify us at least 24 hours in advance if you need to make any changes to your booking.

Any cancellation made after a payment has been made will either transfer to a 100% credit for future use or a refund with 3% withheld for CC fees.

*Example situations where fee applies: seller unprepared, unable to access the property, seller refusal to let us photograph, seller backs out, home sells, cloud cover.
*Fee does not apply: rain/severe weather, emergency situations.

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Tenant-Occupied Properties

We strongly prefer to schedule shoots at tenant-occupied properties when the tenant is not home. Tenants are often unhappy about having a photography crew in their space, which can create uncomfortable working conditions for our team.

If a tenant will be present, the listing agent is required to be on-site for the entire appointment — this is a firm requirement. If our photographer determines the situation is unreasonable or uncomfortable, Motion 46 Media reserves the right to end the shoot early and a minimum fee will apply, with or without media having been collected.

If a tenant is unexpectedly home and the listing agent is not present, the shoot will be rescheduled and the standard cancellation fee will apply.

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Matterport Hosting

Due to Matterport’s rising costs and what we believe to be an anti-consumer, unfriendly business model, we’ve had to adjust our hosting policy as of 1/1/24.

Matterport tours are hosted at no cost for the first six (6) months from the date of delivery. After the initial six months, continued hosting is available at a rate of $75 per year, billed in advance. If a property goes off the market or sells and is later re-listed, a $75 reactivation fee will apply if the tour is to be re-used. This fee includes reactivation of the tour and an additional six (6) months of hosting. There is no refund if the hosting does not get used in full.

Floor Plans

The floor plans we provide are meant to help buyers get a general feel for the layout and estimated size of a property. They're a great marketing tool, but they’re not exact.

Measurements, room sizes, and square footage are estimated, and shouldn’t be used for appraisals, pricing, or anything that requires official numbers. For precise measurements, always refer to a licensed appraiser or surveyor.

We do our best to be accurate, but we’re not responsible for small differences between our floor plans and official reports.

Property Lines

When we draw property lines on one of our drone shots, just know - they’re for visual reference only.

We do our best to show where the lines might fall based on available info, but they’re not guaranteed to be accurate. These are not survey results, and shouldn’t be used for legal, building, or boundary decisions.

For exact property lines, always check with a licensed surveyor or refer to official documents.

Asset Rights and License

All services produced by Motion 46 Media, including photographs, videos, and related media, as well as any copyrights and ownership rights, remain the sole and exclusive property of Motion 46 Media.

Clients are granted a limited-use license to publicly display and distribute the media for:

  • Marketing and promoting the property it was created for (including relisting that same property in the future).

  • The client’s personal branding (e.g., website, social media, portfolio).

  • And use by any co-listing agents or the agent’s brokerage for marketing purposes related to that same property or agent branding.

This license does not permit resale, transfer, or distribution of the media to any unrelated third party (ex; buyer STR's). Media may not be edited, altered, or manipulated in any way - including through the use of AI tools - without prior written permission from Motion 46 Media.

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VIP Pass

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We’ve put together a few simple guidelines so everything is clear about how the VIP Pass works.

1. Usage

  • VIP Pass credits can be used for any Motion 46 Media services (photos, video, drone, 3D tours, add-ons, social media management, etc.).

  • Credits cannot be used for third-party costs (such as staging, print, ads, 3rd party photographers, or outside services).

2. Account Holder & Teams

  • Each VIP Pass is tied to one account.

  • If purchased by a recognized real estate team, all credits will be placed in one shared pool. Team members can draw from that pool, but Motion 46 Media will not split invoices, track balances per agent, or handle internal accounting. Teams are responsible for deciding how costs are shared on their side.

  • Credits cannot be shared casually between unrelated agents or brokerages.

3. Non-Transferable & No Cash Value

  • Credits are non-transferable and cannot be sold, gifted, or exchanged for cash.

  • In rare cases, Motion 46 Media may approve a transfer (such as if a team officially changes brokerages), but this must be requested in writing.

4. Refunds

  • All VIP Pass purchases are final and non-refundable.

5. Expiration

  • VIP credits must be used within 2 years of purchase date. Any unused balance after this date will be forfeited.

6. Perks

  • VIP perks  apply while credits remain in your account. Once credits are used up, VIP perks end until a new pass is purchased.

7. Pricing

  • Credits are applied at the current service rates at the time of booking. If pricing changes in the future, your credits will be applied toward the updated rates.

8. Payment

  • Credits are activated only after payment has cleared.

9. Misuse

  • The VIP Pass is intended for individual agents, recognized teams, or other businesses. Attempting to pool credits with unrelated agents, businesses, resell credits, or otherwise misuse the program may result in cancellation of VIP status and forfeiture of credits without refund.

10. Program Updates

  • Motion 46 Media may adjust VIP perks (such as bonus offers or add-ons) over time, but your purchased credit value will always remain the same.

11. Limitation of Liability

  • Motion 46 Media’s responsibility is limited to the value of unused credits on your account.

12. Write-Off Potential & Tax Liability

  • The Motion 46 Media VIP Pass may qualify as a business expense for some clients. However, Motion 46 Media does not provide tax, legal, or accounting advice. We make no guarantees regarding tax deductibility, and we are not responsible for determining eligibility or how the VIP Pass is treated for your specific situation. Please consult with your CPA or qualified tax professional to confirm how this purchase applies to your business.

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