[Last Updated: May 24, 2025]
1. Introduction
Welcome to Ellis Films LLC DBA Visual Impact Solutions (“Company”, “we”, “our”, “us”). These Terms and Conditions (“Terms”) govern your use of our website and the photography services we offer, including our real estate photography services (“Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
2. Definitions
Client: The individual or entity that engages our Services.
Services: The photography services provided by Ellis Films LLC DBA Visual Impact Solutions, including but not limited to real estate photography, video production, and related editing services.
Media: All digital images, photos, videos, 3D tours, Zillow 3D tours, and related media produced as part of our Services.
3. Services
Our Services are provided as described on our website. We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without notice.
Custom projects will be governed by additional agreements, as needed.
4. Booking, Payment, and Pricing
Booking: To book our Services, the Client must complete our online booking form and provide all required information.
Payment: Payment is due via our payment portal prior to the download of any content. We reserve the right to change the timing of payment (e.g., requiring payment prior to a shoot) at our sole discretion. Accepted payment methods are listed on our order page.
Pricing: Prices for our Services are subject to change and are displayed clearly on our online ordering page at the time of booking. We do not provide custom quotes; what you see on the order form is what you pay.
Pricing Methodology:
Our pricing is based on the listing price—or the realistic expected selling price—of the property. This approach accounts for more than just square footage and photo count; it reflects the true value of the property and the work required to represent it accurately. This system also scales with the market and provides a more balanced and fair pricing structure. All pricing is set in our booking software and is consistent for all users—we do not price gouge based on the home’s value, nor does this represent us receiving any commission.
Agents are welcome to use their professional judgment to enter a realistic selling price, than an inflated listing based on seller expectations. If we find consistent discrepancies (e.g., agents repeatedly listing properties $50K–$100K under recent market value), we reserve the right to discontinue services. This system is built on trust and is reserved for professionals who operate with integrity.
Drone Photos: There are no discounts for not capturing drone photos due to Client preferences, weather restrictions, location restrictions, or Federal Aviation Administration (FAA) restrictions. However, we will do our best to provide reasonable substitute services where appropriate.
5. Cancellation, Rescheduling, and Refunds
Cancellation by Client:
Cancellations made within 24 hours prior to the scheduled appointment will incur a $40 cancellation fee.
Rescheduling within 24 hours of your appointment will incur a $15 fee, except in weather-related cases.
Weather-Related Rescheduling:
In the event we reschedule due to weather-related issues, rescheduling fees will be waived.
Refund Policy:
Refunds, if applicable, will be issued at our discretion.
6. Delivery of Images
Timeline:
Photos and Zillow 3D Tours are typically delivered within 24 hours. Videos may take up to 48 hours, depending on project scope and property size.
Image Rights:
Upon full payment, the Client receives a non-exclusive license to use the delivered media for marketing and listing purposes. Ellis Films LLC DBA Visual Impact Solutions retains full ownership and copyright unless otherwise agreed in writing.
In the event a 3rd party (e.g. buyer of a property) would like to use listing photos for their own purposes such as listing said property for rent, the Client may, at their discretion, request partial or full reimbursement of fees assessed by Company for Services. Should Client collect reimbursement from 3rd party in excess of the original fees assessed by Company for Services rendered, Client agrees to pay 50% of the excess amount to Company.
In the event of transferring media Client is responsible for transferring images to 3rd Party, and buyer retains a non-exclusive license to use the delivered media for marketing and listing purposes. Client is responsible for transferring media to 3rd party.
7. Client Responsibilities
Provide a safe working environment and secure any necessary permissions for our team.
Ensure animals are secured or removed from the premises prior to the shoot. If animals are loose on the property, we will either capture what we can safely or cancel the appointment. A cancellation fee will apply in such cases.
Ensure subjects and property owners have provided necessary consent for photography.
Ensure property owners are aware of photographer arrival time and any/all activities that could present a danger to photographer are ceased, including but not limited to hunting, trapping, target shooting, construction, parties, etc.
8. Intellectual Property
All creative content remains the intellectual property of Ellis Films LLC DBA Visual Impact Solutions. Unauthorized use, reproduction, or distribution is prohibited.
Clients may also use the media as outlined in Section 6.
9. Referral Program
We offer a referral program as a way to reward our Clients for referring new business. Referral rewards are issued as credit and applied to future orders placed through our system.
Both the referring Client and the new Client may receive credit. The amount of credit awarded is subject to change at any time and without prior notice. Up to date information regarding referral credit amounts can be found under the Referral Program section within each Client’s account dashboard.
Referral credits have no cash value and are non-transferable. Misuse of the referral program or attempts to manipulate the system may result in forfeiture of referral credits and/or suspension from the program at our sole discretion.
9. Limitation of Liability
Services:
Client agrees to the fullest extent allowed by law, Ellis Films LLC DBA Visual Impact Solutions shall not be liable for any indirect, incidental, or consequential damages resulting from the use of our Services.
Client agrees our liability for any claim shall be limited strictly to the total fees paid for the specific order in question.
Third-Party Software and Data Security
The Client acknowledges that their account information, order history, and related data are hosted and stored by a third-party software platform used by the Company to facilitate service delivery.
While we take reasonable measures to partner with reputable service providers, the Company is not responsible for any data breaches, leaks, or unauthorized access that may occur as a result of vulnerabilities in the third-party systems. By using our Services, the Client agrees that Company shall not be held liable for any damages arising from such events.
10. Client and Property Owner Conduct and Service Termination
We strive to serve all clients and property owners in a professional and safe manner. We expect the same in return. Belligerent, aggressive, or disrespectful behavior; including humor at the expense of our photographers or team members, especially when followed with "just kidding", will not be tolerated. We reserve the right to immediately terminate service. In the event, Service is terminated due to property owner behavior, Client will be notified by Company. Should services be incomplete, Company will provide existing media and refund difference for the incomplete portion. Travel fees will not be refunded.
We also reserve the right to discontinue services for any agent or brokerage we determine is abusing our pricing system.
11. Indemnification
The Client agrees to indemnify and hold harmless Ellis Films LLC DBA Visual Impact Solutions, including its employees and subcontractors, from any claims, liabilities, or expenses arising from use of the Services or breach of these Terms.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of Bannock County, Idaho.
Disputes will be handled through good-faith negotiations. If unresolved, disputes will fall under the exclusive jurisdiction of Bannock County courts.
13. Changes to These Terms
We reserve the right to modify these Terms at any time. Updates will be posted on this page with a revised “Last Updated” date. Continued use of our Services after changes implies acceptance of the updated Terms.
14. Contact Information
For questions about these Terms:
Email: [email protected]
15. Acknowledgement
Acknowledgment:
By submitting an order(s) through our website or booking system, the Client acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions.