4.1 PROPERTY ACCESS: Clients are responsible for ensuring access to the property at the scheduled time. Any delays or difficulties in accessing the property should be communicated to us promptly. Clients are responsible for providing accurate access instructions, lockbox information, concierge instructions, parking information, alarm instructions, and any other details required for Salisbury Media Group Inc. to access and complete the scheduled services.
4.2 PROPERTY READINESS: The property should be adequately prepared for photography or video sessions. This includes cleanliness and organization to achieve optimal results. Salisbury Media Group Inc. is not responsible for cleaning, staging, moving furniture, moving personal belongings, hiding clutter, correcting property defects, or waiting for the property to be prepared unless expressly agreed in writing.
4.3 AUTHORITY TO BOOK: The client represents that they have the authority to permit Salisbury Media Group Inc. to access, photograph, record, and create media of the property.
The client is responsible for obtaining any required permissions from property owners, tenants, occupants, property managers, condominium corporations, security personnel, or other relevant parties before the scheduled appointment.
5.1 TIMELINE: Salisbury Media Group will provide an estimated timeline for the delivery of final
photographs or videos. Delays due to unforeseen circumstances may occur, but we will make
reasonable efforts to communicate any delays promptly.
5.2 CLIENT APPROVAL: Clients will have the opportunity to review and approve the final deliverables. Requests for revisions or adjustments should be communicated within a reasonable timeframe. Revision requests may be subject to additional fees where the request is outside the original scope of services, requires substantial re-editing, is based on client preference rather than an error, or requires a return visit to the property.
5.3 FILES: Upon completion of the photoshoot and/or video recording, Salisbury Media Group Inc. will provide the client with the final edited photos and videos of the real estate property, as applicable to the services booked. The client acknowledges that Salisbury Media Group Inc. will not provide all raw files, unedited photos, unedited footage, project files, editing files, or working files from the photoshoot or video recording unless expressly agreed in writing. Salisbury Media Group Inc. reserves the right to retain copies of the final edited photos and videos for promotional and portfolio purposes unless otherwise specified by the client in writing. If the client requires specific editing or deliverables, they should communicate this to Salisbury Media Group Inc. beforehand.
5.4 DELIVERY CONDITIONAL ON PAYMENT OF ALL AMOUNTS OWED: Delivery of final edited photos, videos, drone media, floor plans, virtual tours, unbranded MLS landing pages, download links, and other deliverables is conditional on payment of all amounts owed to Salisbury Media Group Inc., including the original booking fee, applicable taxes, approved add-ons, rescheduling fees, return visit fees, package correction fees, additional editing fees, licensing fees, and any other applicable charges. If any amount remains unpaid, Salisbury Media Group Inc. may withhold, delay, suspend, or restrict delivery of final files, download links, usage rights, hosting access, or other deliverables until the outstanding balance has been paid. The client does not receive any usage rights in unpaid deliverables until all applicable amounts have been paid in full.
5.5 DRONE / AERIAL SERVICES:
5.5.1 CONDITIONAL AVAILABILITY: Drone photography and/or drone videography may be included with certain service packages at no additional charge. However, drone operation is always conditional on safe and lawful flight conditions at the time of the scheduled appointment. This includes, without limitation, suitable weather, visibility, wind conditions, temperature, precipitation, equipment performance, property surroundings, nearby people or obstacles, trees, wires, birds, vehicles, emergency activity, airport or heliport proximity, airspace restrictions, NOTAMs, Transport Canada requirements, NAV CANADA or other required authorizations, and any other flight safety consideration.
5.5.2 PILOT DISCRETION AND SAFETY: Salisbury Media Group Inc., its photographer, drone pilot, or crew member has the sole and final discretion to determine whether drone operation is safe, lawful, practical, or appropriate at the property. The client acknowledges that the drone pilot may decline, delay, limit, modify, or stop drone operation at any time for safety, legal, regulatory, privacy, trespass, property access, equipment, weather, or operational reasons. The client may not require, pressure, instruct, or expect Salisbury Media Group Inc. or its drone pilot to operate a drone in a manner that Salisbury Media Group Inc. considers unsafe, unlawful, restricted, impractical, or contrary to applicable aviation rules or flight safety practices.
5.5.3 NO GUARANTEE OF AERIAL DELIVERABLES: Drone photography and/or drone videography is not guaranteed and may be unavailable for reasons outside Salisbury Media Group Inc.’s control, including but not limited to rain, snow, fog, low visibility, high winds, extreme cold, unsafe takeoff or landing conditions, nearby people or vehicles, trees, wires, restricted airspace, airport or heliport proximity, temporary flight restrictions, emergency activity, advertised events, equipment limitations, or any regulatory or safety restriction. If drone operation cannot be completed during the originally scheduled appointment, Salisbury Media Group Inc. will not be considered in breach of the agreement, and the client will not be entitled to a refund, credit, discount, price reduction, or free return visit solely because drone photography and/or drone videography could not be completed.
5.5.4 ORIGINAL APPOINTMENT ONLY: When drone photography and/or drone videography is included at no additional charge, it is included only as part of the originally scheduled appointment and only if conditions permit at that time. A separate return visit for drone photography and/or drone videography is not included unless expressly agreed to by Salisbury Media Group Inc. in writing.
5.5.5 RETURN VISITS FOR DRONE SERVICES: If the client requests that Salisbury Media Group Inc. return to the property on another date or time to attempt drone photography and/or drone videography, the return visit will be subject to availability, suitable flight conditions, and an additional fee. Drone return visits start at $200 plus applicable taxes within Salisbury Media Group Inc.’s standard service area. Additional travel, parking, tolls, waiting time, access limitations, extended onsite time, or special requirements may result in a higher quoted fee. The additional fee must be approved and paid by the client before the return visit is confirmed. Return visits remain subject to the same weather, safety, regulatory, airspace, property, equipment, and pilot-discretion conditions described in these Terms.
5.5.6 LIMITED OR SUBSTITUTE CAPTURE: Where drone operation is unavailable, restricted, or limited, Salisbury Media Group Inc. may, at its discretion, provide ground-level exterior photography, alternative exterior angles, or other substitute visual content. Any substitute content is provided as a practical accommodation and does not create an obligation to provide a refund, credit, discount, or free drone return visit.
5.5.7 CLIENT-PROVIDED INFORMATION: The client is responsible for informing Salisbury Media Group Inc. before the scheduled appointment of any property-specific conditions that may affect drone operation, including but not limited to nearby airports, heliports, hospitals, schools, prisons, military facilities, parks, conservation areas, special events, private security restrictions, condominium restrictions, construction activity, nearby power lines, livestock, tenants, occupants, or other hazards.
Salisbury Media Group Inc. is not responsible for incomplete drone capture resulting from inaccurate, incomplete, or late information provided by the client.
6.1 MARKETING AND ILLUSTRATIVE PURPOSES: Floor plans provided by Salisbury Media Group Inc. are for marketing and illustrative purposes only and are not intended for use in construction, renovation, or property valuation.
6.2 APPROXIMATE MEASUREMENTS: All measurements and dimensions are approximate and not guaranteed. These floor plans are not to be relied upon for exact size, square footage, dimensions, or layout.
6.3 CLIENT RESPONSIBILITY TO VERIFY: It is the client’s responsibility to ensure that any size-related representations made to third parties, including potential buyers, are accurate and compliant with all applicable real estate regulations and guidelines. Clients shall independently verify all measurements before use.
6.4 NO LIABILITY FOR FLOOR PLAN CLAIMS: Salisbury Media Group Inc. assumes no liability for errors, omissions, inaccuracies, or misrepresentations related to floor plan content, measurements, dimensions, or square footage. By using this service, the client agrees to hold Salisbury Media Group Inc. harmless from any claims, disputes, losses, damages, costs, or expenses resulting from the use or distribution of floor plan data.
7.1 MLS LANDING PAGE CREATION: Salisbury Media Group Inc. may create unbranded MLS landing pages for real estate properties as part of the services provided.
7.2 AVAILABILITY PERIOD: The client acknowledges and agrees that unbranded MLS landing pages created by Salisbury Media Group Inc. will remain accessible for a period of six (6) months from the date of creation, unless otherwise agreed in writing.
7.3 CLIENT RESPONSIBILITY TO SAVE CONTENT: It is the responsibility of the client to ensure that they have saved or downloaded any necessary information or content from the unbranded MLS landing pages within the designated period.
7.4 NO RESPONSIBILITY FOR EXPIRED LANDING PAGES: Salisbury Media Group Inc. will not be responsible for any loss of data or content resulting from the expiration, removal, modification, or unavailability of unbranded MLS landing pages.
7.5 EXTENSION REQUESTS: If the client wishes to extend the availability of the unbranded MLS landing page beyond the six-month period, they must notify Salisbury Media Group Inc. in writing at least seven (7) days prior to the expiration date. Additional fees may apply for extending the hosting period of the unbranded MLS landing page.
7.6 CHANGES TO LANDING PAGE DURATION POLICY: Salisbury Media Group Inc. reserves the right to modify or update the duration policy for unbranded MLS landing pages at any time without prior notice.
8.1 OWNERSHIP: Salisbury Media Group retains ownership of all photographs and videos
produced during our real estate photography and video services. The photographs and videos
are protected by copyright laws in Canada.
8.2 USAGE RIGHTS: Clients are granted a limited, non-exclusive, non-transferable license to use the final delivered images or videos for marketing purposes related to the sale, lease, or promotion of the specific property for which the services were booked. Any use beyond this scope, including but not limited to commercial use, distribution, reproduction, resale, transfer, sublicensing, reuse for a different listing, builder or developer use, brokerage-wide reuse, third-party use, or the creation of altered, edited, AI-generated, AI-assisted, virtually staged, twilight, season-change, renovation, or other derivative versions of the delivered media, requires the prior written consent of Salisbury Media Group Inc.
8.3 COPYRIGHT LAWS IN CANADA: Salisbury Media Group adheres to the copyright laws in Canada,
including the Copyright Act (R.S.C., 1985, c. C-42). According to these laws, the creator of a work,
such as a photograph or video, is the initial owner of the copyright unless an agreement specifies
otherwise. As the creator, Salisbury Media Group retains the copyright for the photographs and
videos produced during our services.
8.4 LIMITATIONS ON CLIENT USAGE: Clients may not sell, transfer, assign, sublicense, distribute, or provide usage rights to third parties without the written consent of Salisbury Media Group Inc. Clients may not alter, manipulate, edit, filter, retouch, transform, use with artificial intelligence tools, use as an AI input or reference image, or otherwise modify the photographs, videos, drone media, floor plans, or other deliverables in a way that misrepresents the property, creates a misleading impression, violates applicable real estate rules, competes with Salisbury Media Group Inc.’s add-on services, or damages the reputation of Salisbury Media Group Inc. Standard resizing, cropping, compression, or formatting required for MLS, website, email, or social media upload is permitted, provided that the media is not substantively altered and the property is not misrepresented.
8.5 DIGITAL ALTERATIONS, AI EDITING, AND DERIVATIVE MEDIA:
8.5.1 NO UNAUTHORIZED DIGITAL OR AI ALTERATIONS: The client may not use, upload, submit, process, or provide Salisbury Media Group Inc.’s delivered photographs, videos, drone media, floor plans, or other deliverables to any artificial intelligence tool, automated editing platform, virtual staging provider, photo editor, designer, marketing provider, contractor, brokerage, or other third party for the purpose of creating altered, enhanced, AI-generated, AI-assisted, virtually staged, twilight, day-to-night, season-change, renovation, sky replacement, grass replacement, object removal, object addition, room furnishing, room redesign, or other derivative versions of the media without the prior written consent of Salisbury Media Group Inc.
8.5.2 ADD-ON SERVICES: Virtual staging, twilight photography or editing, day-to-night edits, season-change edits, virtual renovation, object removal, object addition, and other advanced editing or transformation services are separate add-on services offered by Salisbury Media Group Inc. unless expressly included in the package selected at the time of booking. If the client requires any of these services, the client must order the applicable add-on service from Salisbury Media Group Inc. or obtain Salisbury Media Group Inc.’s prior written permission before creating or commissioning the altered version.
8.5.3 NO EXPANDED RIGHTS IN ALTERED MEDIA: Any altered, edited, AI-generated, AI-assisted, virtually staged, twilight, season-change, renovation, or other derivative version created from Salisbury Media Group Inc.’s media remains subject to Salisbury Media Group Inc.’s copyright and these Terms. The creation of an altered or derivative version does not transfer ownership, expand the client’s license, or give the client or any third party new rights in the original media or derivative media.
8.5.4 DISCLOSURE AND REAL ESTATE COMPLIANCE: The client is solely responsible for ensuring that any approved digital alteration, virtual staging, AI-assisted edit, twilight edit, season-change edit, renovation concept, object removal, object addition, or other modified media is accurate, properly disclosed where required, and compliant with all applicable real estate laws, advertising rules, MLS rules, brokerage policies, board rules, and platform requirements. Salisbury Media Group Inc. is not responsible for any claim, complaint, fine, penalty, loss, dispute, or liability arising from the client’s unauthorized editing, AI use, virtual staging, digital alteration, publication, or distribution of modified media.
8.5.5 REMOVAL, CORRECTION, AND ADDITIONAL FEES: If the client creates, publishes, distributes, or authorizes an unauthorized altered, edited, AI-generated, AI-assisted, virtually staged, twilight, season-change, renovation, or other derivative version of Salisbury Media Group Inc.’s media, Salisbury Media Group Inc. may require the client to remove, correct, replace, or stop using the unauthorized media. Salisbury Media Group Inc. may also require payment of an additional licensing fee, editing fee, or service fee for unauthorized use, without limiting any other rights or remedies available to Salisbury Media Group Inc.
Salisbury Media Group Inc. is not liable for any indirect, incidental, special, consequential, punitive, or economic damages arising out of or in connection with our services, including but not limited to lost profits, lost sales, lost listings, lost commissions, delays, loss of marketing opportunity, platform downtime, third-party service issues, or the inability to complete conditional service components such as drone photography and/or drone videography.
To the maximum extent permitted by law, Salisbury Media Group Inc.’s total liability for any claim arising out of or related to the services will be limited to the amount paid by the client for the specific service giving rise to the claim.
These Terms are governed by the laws of the province of Ontario, Canada, and any disputes will
be resolved in accordance with the laws of Ontario.
We reserve the right to update these Terms at any time. The date of the latest revision will be indicated at the top of the Terms. Changes to these Terms will be effective as of the date they are posted on our website or otherwise communicated to clients.
If you have any questions or concerns about these Terms of Service, please contact us at
info@salisburymedia.ca.