Terms of Service

By engaging Prism Media (“Prism,” “we,” “us,” or “our”) for any photography, editing, or licensing services — whether through our website, email, telephone, or any other channel — you (“Client”) agree to be fully bound by these Terms of Service (“Terms”) in their entirety.

If you are entering into this agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the legal authority to bind that entity to these Terms. If you do not agree to these Terms, you may not engage Prism’s services.

Prism reserves the right to update or modify these Terms at any time without advance notice. The most current version will be published on our website. Continued engagement of our services following any modification constitutes your acceptance of the revised Terms.

Prism Media provides premium visual media services for real estate professionals, property owners, developers, and commercial clients. Our core service offerings include:

• Interior & exterior property photography — Professional HDR and architectural photography of residential and commercial properties, including aerial drone imagery where permitted and applicable.
• Professional photo editing & retouching — Post-production editing, color grading, exposure correction, and image optimization tailored for MLS platforms, digital marketing, and print applications.
• Image licensing & usage rights — Grant of a limited, non-exclusive license to use delivered images for defined purposes, as further described in Section 7 of these Terms.

Service packages, descriptions, and pricing are subject to change without prior notice. The specific package confirmed at the time of booking will be honored at the quoted price for that booking.

All bookings must be made through Prism’s official booking channels. A booking is considered confirmed only upon receipt of any required deposit and written or electronic confirmation from Prism. Verbal commitments do not constitute a confirmed appointment.

The Client is responsible for providing accurate and complete property information at the time of booking, including the full address, property type, approximate square footage, access instructions, and any relevant site conditions or restrictions. Errors or omissions that result in delays, rescheduling, or inability to complete the booked service may be subject to additional fees.

Prism will make every reasonable effort to arrive at the property on schedule. In the event of an unforeseen delay attributable to Prism, the Client will be notified as early as practicable. Prism accepts no liability for delays caused by circumstances outside our reasonable control.

Appointment windows are allocated based on the estimated scope of the booked service. If on-site conditions require significantly more time than anticipated — due to undisclosed property size, scope changes requested on-site, or failure to provide timely access — a supplemental session fee may apply at Prism’s discretion.

All fees are quoted in United States Dollars (USD). Prism accepts payment via Stripe (credit and debit card). Payment is due in accordance with the following schedule:

• Deposit — A deposit of up to 50% of the total session fee may be required at the time of booking to secure the appointment. The deposit amount will be clearly disclosed prior to booking confirmation.
• Remaining balance — Any balance outstanding after the deposit is due prior to or upon delivery of final edited images, unless an alternative arrangement is agreed upon in writing before the shoot date.
• Late payment fee — Invoices or balances unpaid beyond their stated due date are subject to a late fee of 1.5% per month (18% per annum), or the maximum rate permitted by applicable law, whichever is lesser, calculated on the outstanding balance from the date due until the date of full payment.
• Rush delivery — Rush delivery guarantees photos within 24 hours of shoot completion, regardless of shoot time. Rush delivery is a paid add-on selected at time of booking and is subject to a surcharge disclosed at checkout.

Prism reserves the right to withhold delivery of final images until full payment has been received and cleared. Chargebacks or payment disputes initiated without prior good-faith communication with Prism may result in suspension of access to deliverables and recovery of collection costs to the extent permitted by applicable law.

Prism Media operates an optional referral and loyalty program on the terms below, which Prism may change or end at any time, including revoking unredeemed credits or free shoots in cases of suspected fraud or abuse.

• New-client discount — A new client who books using another client’s referral code receives 10% off their first shoot. This discount applies only to clients who have not previously booked with Prism.
• Referrer reward — The referring client receives 20% off their next booking for each completed referral. A referral is complete, and the reward is earned, only once the referred client has paid in full and their shoot has been delivered. Self-referrals, and referrals of clients who have already booked with Prism, do not qualify.
• Stacking limit — Referral discounts may stack with each other up to a combined maximum of 40% off a single booking. This cap applies to referral discounts stacking with each other; it does not limit the combined effect of an unrelated promotional code applied to the same booking. Any earned discount that is not used because of this limit remains available and carries forward to a future booking; earned discounts do not expire.
• Vesting — A referrer’s 20% reward becomes usable 7 days after the referred client’s shoot is completed and paid for. Prism may void (claw back) an earned reward if the referred client’s payment is later refunded, canceled, or charged back.
• Reward cap — No more than 5 referral rewards may be earned per referrer in any rolling 30-day period. Referrals beyond that cap still count toward the referrer’s lifetime milestone count below, but the reward itself is held for manual review rather than issued automatically.
• Free-shoot milestones — A referring client earns a free shoot for every 5th completed referral (a Pro residential or Growth commercial package), upgraded to a free Premier residential or Premium commercial package for every 20th completed referral. These milestones are based on the referrer’s lifetime completed-referral count, which does not reset, and earned free shoots do not expire. A free shoot requires Prism’s approval before it can be redeemed.
• Free-shoot size limits — A free shoot covers residential properties up to 4,000 sq ft and commercial properties up to 5,000 sq ft. For a larger property, the client pays only the difference between the applicable package’s price at the property’s actual square footage and its price at the size limit, using Prism’s standard pricing formula.
• No stacking with a free shoot — A free shoot is applied before any referral discount, and referral discounts do not apply on top of a free-shoot booking. Any discount not used on that booking for this reason remains available and carries forward to the client’s next booking.

Referral credits and free shoots have no cash value, are not transferable or redeemable for cash, and may only be used by the client who earned them. Referral codes themselves are meant to be shared — a code is only useful once someone else uses it.

All cancellation or rescheduling requests must be submitted in writing (email is acceptable). Notice periods are calculated from Prism’s receipt of written notice to the scheduled appointment start time, in the Pacific time zone.

• Cancellation, 24 hours or more before the shoot — Full refund of the amount paid.
• Cancellation, less than 24 hours before the shoot — No refund. This includes no-shows, and cancellations of a booking whose shoot time was itself moved inside the 24-hour window by an earlier Client reschedule (see below).
• Rescheduling, any time before the day of the shoot — Free, subject to availability.
• Rescheduling, on the day of the shoot — A $100 fee applies, capped so it never exceeds the total amount paid for the booking.
• Rescheduling after the scheduled start time has passed — Treated as a no-show: no reschedule and no refund. Prism may, at its sole discretion, make an exception.

Rescheduling and the 24-hour window. Rescheduling a shoot from 24 hours or more out does not change the Client’s cancellation rights — a later cancellation is judged against the new shoot time, exactly as if that had been the original booking. Rescheduling a shoot from inside the 24-hour window keeps the booking reschedulable, but the booking becomes non-refundable going forward — it can still be moved, but it can no longer be cancelled for a refund. This limit does not apply to a reschedule initiated by Prism for weather, described below.

Weather. Weather-related rescheduling and refund decisions are made solely by Prism — the Client cannot invoke this section. The following conditions do not warrant a refund or reschedule, and the shoot proceeds as booked: rain, heavy rain, wind, light snow (4 inches or less of accumulation), and cloudy or overcast skies. Wind alone never qualifies for any remedy under this section, regardless of speed — there is no exception for it. Prism shoots the interior regardless of weather, and does not shoot outdoors or fly the drone during thunder or lightning, heavy snow (more than 4 inches of accumulation), flooding, or when the roads to the property are unsafe or closed, as determined by Prism.

• If thunder or lightning affects a booking that includes interior work, Prism shoots the interior as scheduled and returns on a later day, at no cost, for the exterior and drone portions; no refund is issued for the interior work already delivered. The Client has 30 days from the original shoot date to take that return visit. This window is a floor, not a clock Prism can run out: it extends automatically, day for day, whenever Prism could not complete the visit within it because of weather or Prism’s own scheduling, and it is never extended on account of the Client’s own unavailability. If the Client does not take any date Prism offers within the window (as extended, if at all), the exterior and drone portion is forfeited, with no refund for it.
• If the shoot cannot happen at all — due to heavy snow (more than 4 inches), flooding, the roads to the property being unsafe or closed, or because the booking is exterior/drone-only and thunder or lightning prevents it — the Client chooses either a full refund or a free reschedule of the entire shoot to a date of the Client’s choosing (choosing to reschedule means no refund for that visit).
• A weather-related reschedule or return visit never carries a fee, including when it falls on the day of the original shoot, and is exempt from the 24-hour rescheduling rule described above.

No-Access Fee. If Prism is on the property at the scheduled shoot time and cannot reach anyone or get into the property within 15 minutes — because (i) the Client or their designee does not show up to grant access, (ii) the access code provided does not work and no one can be reached, or (iii) a promised access code is never sent — a $300 no-access fee is charged to the card on file, on top of (in addition to, not instead of) the original booking payment. The original booking payment is not refunded, and the shoot is not rescheduled for free. If the Client still wants the shoot done, a new shoot must be booked at full price.

Card on File. By completing payment for a booking, the Client authorizes Prism Media to securely save their payment card on file with Stripe, and to charge that card automatically, without further notice, for any fee described in this Section 06 that becomes due — including the $300 no-access fee above, the day-of-shoot rescheduling fee, and a no-show. Card data is handled exclusively by Stripe; Prism Media never stores raw card numbers.

Standard delivery: photos are delivered within 24-48 hours of shoot completion. Rush delivery (available as a paid add-on, selected at time of booking): photos are delivered within 24 hours of shoot completion, regardless of shoot time.

Images are delivered in high-resolution JPEG format at a minimum of 300 DPI unless otherwise specified. Web-optimized exports and MLS-compliant sizes may be included depending on the selected package.

Minor revision requests — including minor color adjustments, brightness corrections, or cropping — must be submitted in writing within 5 business days of delivery. Requests submitted after this window, or requests for alterations beyond the scope of minor touch-ups, will be quoted separately. Prism’s determination of what constitutes a minor revision is final.

Prism is not liable for delays in delivery resulting from the Client’s failure to provide timely property access, unprepared property conditions, or other circumstances outside Prism’s reasonable control.

All photographs and edited images created by Prism Media are original creative works and remain the sole intellectual property of Prism Media under applicable U.S. copyright law. Prism retains full copyright in all deliverables at all times.

Upon receipt and clearance of full payment for the applicable session, Prism grants the Client a limited, non-exclusive, non-transferable, royalty-free license to use the delivered images solely for the following permitted purposes:

• MLS (Multiple Listing Service) listings for the specific photographed property
• Digital and print marketing directly related to the listing, sale, or lease of the specific property — including social media, websites, brochures, postcards, and yard signs
• Internal presentations to prospective buyers, tenants, investors, or other principals in connection with the specific property transaction

The following uses are expressly prohibited without prior, separate written authorization from Prism:

• Resale, sublicense, transfer, or assignment of images to any third party, including other agents, brokerages, or media companies
• Use of images in advertising campaigns or contexts unrelated to the specific photographed property
• Alteration of images in a manner that materially misrepresents the condition or appearance of the property
• Repurposing images for listings or marketing of properties other than the one photographed

Portfolio rights. Prism retains the perpetual, irrevocable right to display delivered images in our professional portfolio, website, social media, and marketing materials. If the Client wishes to opt out of portfolio use, written notice must be received by Prism prior to the scheduled shoot date.

The quality of Prism’s deliverables depends in part on proper preparation and cooperation from the Client. The Client agrees to the following responsibilities prior to and during each session:

• Property preparation. The property must be clean, decluttered, staged, and photo-ready before Prism’s arrival. This includes removal of personal items, trash, vehicles from the driveway (unless intentionally included), and other non-presentational objects. Prism is not responsible for the visual appearance of unprepared spaces, and no fee adjustments or reshoot credits will be issued on account of insufficient preparation.
• Timely access. The Client or their authorized designee must ensure prompt access to the property at the scheduled time. Delays caused by the Client that shorten the shoot window are not grounds for refund or extension. Wait times beyond 15 minutes may be billed at an additional hourly rate at Prism’s discretion.
• Permissions & approvals. The Client represents and warrants that they have obtained all necessary consents and permissions from property owners, landlords, tenants, homeowners associations (HOAs), and any other relevant parties to allow Prism to enter, photograph, and commercially publish images of the property. The Client agrees to indemnify, defend, and hold harmless Prism from any claims or damages arising from the Client’s failure to obtain required permissions.
• Accuracy of information. The Client is solely responsible for the accuracy of all property details provided at booking, including property type, square footage, and special requirements. Material inaccuracies that affect service delivery may result in supplemental charges.
• Prohibition on misleading use. The Client agrees not to use, publish, or distribute delivered images in any manner that is intentionally misleading, deceptive, or in violation of applicable real estate advertising laws, MLS guidelines, or fair housing regulations.

To the fullest extent permitted by applicable law, Prism Media’s total cumulative liability to the Client — arising from or related to any services rendered, deliverables provided, or obligations undertaken under these Terms — shall not exceed the total fees actually paid by the Client for the specific session giving rise to the claim.

In no event shall Prism, its principals, employees, contractors, or agents be liable for any:

• Indirect, incidental, special, exemplary, or consequential damages
• Loss of profits, revenue, business opportunities, or anticipated savings
• Loss of goodwill or damage to professional reputation
• Loss or corruption of digital files or data
• Damages arising from missed market timing, failed transactions, or listing underperformance

These limitations apply regardless of the theory of liability — whether in contract, tort, strict liability, or otherwise — and even if Prism has been advised of the possibility of such damages.

Prism is not responsible for losses resulting from equipment failure, fire, theft, natural disasters, acts of God, or other events materially outside our reasonable control. In such circumstances, Prism will make commercially reasonable efforts to reschedule the affected session or issue an appropriate refund at Prism’s sole discretion.

Personal information collected in connection with bookings and service delivery — including name, email address, phone number, property address, and payment details — is used solely for the following purposes:

• Processing and confirming booking reservations
• Coordinating shoot logistics and communicating appointment details
• Delivering images and communicating when they are ready
• Issuing invoices and processing payments through Stripe
• Responding to Client inquiries, revision requests, or support needs

Prism does not sell, rent, or disclose Client personal information to third-party marketing companies or data brokers. Limited information may be shared with essential service providers (e.g., payment processors, cloud storage) who are contractually bound by confidentiality obligations.

Clients may opt out of non-essential communications at any time by contacting Prism at theprismphotography@gmail.com. For complete information on data handling, please review our Privacy Policy.

Informal resolution first. Before initiating any formal proceeding, both parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or Prism’s services through good-faith direct negotiation. The party raising the dispute must provide written notice describing the nature and basis of the claim. The parties will then have 30 days from receipt of that notice to attempt informal resolution.

Binding arbitration. If the dispute is not resolved within the 30-day informal resolution period, it shall be submitted to final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in Washington State, or remotely by mutual agreement. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Exceptions. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or confidential information. Small claims court actions within applicable jurisdictional limits are also exempt from mandatory arbitration.

No class actions. All disputes must be brought in the parties’ individual capacities only, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Costs. Each party shall bear its own attorneys’ fees and costs in arbitration, unless the arbitrator determines that a claim or defense was frivolous or brought in bad faith, in which case fees may be awarded to the prevailing party.

Prism Media shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond Prism’s reasonable control, including but not limited to:

• Weather events — rain, fog, snow, high winds, wildfire smoke, or other adverse atmospheric conditions that materially impair the quality or safety of outdoor photography. Weather-related circumstances are governed exclusively by Section 06 (Cancellations & Rescheduling), not by this Section 14 — Section 06 sets out the specific conditions and remedies that apply, and this weather-events trigger does not add any separate or different remedy on top of it.
• Natural disasters — earthquakes, floods, fires, or other acts of God.
• Personal or family emergencies — illness, injury, or urgent personal matters affecting Prism’s principal photographer that make it impossible to fulfill the scheduled session.
• Equipment failure — catastrophic or unforeseeable failure of primary camera, drone, or other essential equipment that cannot be remedied before the appointment time.
• Government actions or public safety emergencies — including mandatory evacuations, road closures, airspace restrictions, or public health orders.
• Transportation disruptions — major traffic incidents, road closures, or vehicle failures that prevent timely arrival despite reasonable precautions.

In the event of a Force Majeure occurrence other than a weather-related one — which Section 06 governs on its own terms, as noted above — Prism will notify the Client as early as reasonably practicable. Prism will make commercially reasonable efforts to reschedule the affected session at the earliest mutually available date at no additional charge. If rescheduling is not feasible within 30 days, the Client may elect a full refund of any deposits paid. Force Majeure does not excuse the Client’s obligation to pay for sessions that have already been completed.

These Terms of Service, and any dispute arising out of or relating to these Terms or to the services provided by Prism Media, shall be governed by and construed in accordance with the laws of Washington State, without regard to its conflict of laws principles.

Subject to the binding arbitration provisions in Section 11, any legal action not subject to arbitration shall be instituted exclusively in the courts of competent jurisdiction located within Washington State. Each party irrevocably consents to the exclusive personal jurisdiction and venue of such courts.

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited to the minimum extent necessary and the remaining provisions will continue in full force and effect.

For questions, concerns, or written notices related to these Terms of Service, please reach Prism Media through the following:

• Email: theprismphotography@gmail.com
• Phone: (360) 706-1420
• Website: prismmediaphoto.com

All written notices required or permitted under these Terms must be delivered to the email address above and will be deemed received upon Prism’s written confirmation of receipt. Prism will make commercially reasonable efforts to respond to all inquiries within 2–3 business days.

These Terms constitute the entire agreement between Prism Media and the Client with respect to the subject matter herein, and supersede all prior understandings, representations, or agreements — written or oral — relating to the same.