Terms of service

These Terms of Service constitute an Agreement between the Client who places an order and TW Morgan LLC who produces and delivers the Work ordered by the Client.

Property Readiness:

To ensure the best results of the appointment, please be sure the property is ready prior to the scheduled appointment. This includes working with the builder or owner to ensure the property is photo and/or video ready. For liability purposes, TW Morgan LLC does not prepare the property, including but not limited to, cleaning or moving furniture. At the appointment, the property will be shot as is.

Photography:

The TW Morgan photographer will use their best judgment and experience to decide which angles and shots will best showcase the property. We value your input for choosing the best angles to photograph the property. If you would like to give input, please let us know in advance or discuss with the photographer at the beginning of the appointment.

Pricing and Payments:

Our pricing reflects the cost for a single residential dwelling. For commercial or multi-unit properties, please contact us for a quote.

Residential prices are as displayed on our order pages and subject to sales tax where applicable.

We do not require deposits, sitting fees, or booking fees and no payment is required at time of order. Only when final media is delivered to the customer electronically, we will require payment at that time for unrestricted access to the content. You will be able to see a preview of the work before you pay.

Reschedule/Cancellation:

We kindly ask that you inform us of cancellations and reschedules as soon as possible and at least 24 hours in advance. TW Morgan does not generally charge fees for cancellations or rescheduling. We know things come up and aim to accommodate. If cancellations or reschedules become excessive, we reserve the right to charge a related fee (not to exceed $50).

If an appointment needs to be rescheduled due to weather (i.e. we can’t fly the drone in storms, or heavy snow prevents travel), we will reschedule as quickly as possible.

If we are unable to capture aerial photography due to classified airspace restrictions or TFRs (Temporary Flight Restrictions), we will attempt to reschedule the exterior drone work for a day and time when flight is permissible. If rescheduling does not allow us to capture drone images due to flight restrictions at the property, we will adjust the order cost as appropriate.

Weather:

Clouds or light rain will not impact our ability to shoot and deliver photos that showcase the property to a high standard, so we will not delay or reschedule a shoot in these conditions. Only in heavy rain, heavy snow, excessive winds, or storms might we need to work with you on a reschedule.

Pets:

Dogs, cats, and other large animals must be crated or removed from the property before the photographer arrives. Safety is paramount, as animals can act unpredictably when stressed or around strangers, potentially leading to dangerous situations. If pets are not crated or removed, we may not be able to enter the property or complete the appointment.

Service Area:

We operate in four counties in West Virginia including Brooke, Hancock, Ohio, and Marshall as well as two counties in Ohio including Belmont and Jefferson. Our booking system will prevent orders outside these six counties. If you have a special request for service outside of our region, we will consider but not guarantee such service and would need to provide a personalized quote for such service.

Hosting:

We provide media hosting including property website hosting for one year from the appointment date. Once the hosting time expires, the user is responsible for media storage.

Floor Plans and Lot Lines:

Floor plan measurements, scale, furniture placement, and dimensions are created using software deemed reliable but are NOT guaranteed to be accurate. Floor plans provided by TW Morgan LLC are marketing materials only; they are not meant to replace professional measurements of properties and are not to be used for blueprints, construction projects, nor appraisals. By agreeing to these Terms of Service you agree that floor plans delivered to the Client by TW Morgan LLC will be used for illustrative purposes only and will not be used to determine square footage by room or total property for use in any advertising, marketing, or other representations. Colors, textures, and furniture renderings in 3D floor plans will realistically represent the property but may not be exact. Lot lines are estimated representations of property boundaries and are not exact nor are they guaranteed.

Delivery Times:

In most cases, all of the following will be delivered the next business day following appointment: HDR interior and exterior photos, aerial photos, virtual twilight edits, virtual staging, 2D floor plans.

In most cases, 3D color floor plans will be delivered on the second business day following the appointment.

Privacy:

We only collect information from you to provide or maintain our services, enhance the experience of our website, or ensure legal compliance. We will never share or sell your information to third parties. You are always welcome to opt-out of marketing communications from us.

Grant of Rights:

By placing an order, the Client grants to TW Morgan LLC, and its affiliates, contractors, commercial partners, licensees, successors, and assigns a non-exclusive, perpetual, fully transferable, sublicensable worldwide right and license, to create, reproduce, display, transmit, and distribute the Work through any and all media now known or hereinafter developed. The "Work" is defined as photo(s), video(s), 3D content, floor plans, graphics, audio, animation, constituent files, and other visual content of the property produced under these terms including any derivative works created therefrom. TW Morgan LLC retains exclusive copyright and ownership of the Work developed in whole or in part by TW Morgan LLC. TW Morgan LLC reserves the right to use the Work for the company's portfolio, samples, self-promotions, entry in contests or exhibitions, editorial use, or for display at TW Morgan’s premises. TW Morgan LLC further reserves the right to assign, transfer, license, distribute, or syndicate the Work and any and all rights in the Work to its commercial partners. Except as explicitly set forth below, the Client has no ownership rights in the work and no right to sell or license the Work to any third party or copy, modify, reproduce, or create derivatives of the Work without the prior written consent of TW Morgan LLC.

Usage Rights:

In exchange for the Grant of Rights set forth herein, TW Morgan LLC grants to the Client the right to use the images created from the Work and provided to the Client by TW Morgan LLC for purposes of marketing and promoting the Property, promoting their real estate business and/or the listing(s), their brokerage(s), and/or their business(es) ("License"). The Client’s License is non-exclusive, non-transferable, covers all territories and media, and is for an unlimited time on websites owned by the Client. The Client may authorize third-party websites such as, but not limited to, Multiple Listing Service (MLS) or real estate listing portal websites to display said content solely for the purpose of advertising the subject listing, for as long as said listing is actively listed for sale by that listing agent. Authorization to third-party websites will automatically expire once said listing is no longer available for sale or any relevant listing agreement between the Property owner and the listing agent has ended, whichever comes first.

Releases, Licenses, and Authorizations:

By placing an order with TW Morgan LLC to produce the Work, the Client warrants that they are authorized to enter into this Agreement with regard to the Property and they certify that they have obtained all appropriate and necessary releases, permissions, waivers, licenses and/or authorizations ("Clearances") for the Grant of Rights and Usage Rights set forth in these Terms and Conditions, including but not limited to Clearances from the owner of the Property and any other owners of intellectual property rights contained in, on, or around the Property and captured as part of the Work, including the underlying architectural work. The Client further warrants that the Property owner and any occupants of the Property have waived any expectation of privacy rights in relation to the images captured and distributed in accordance with the grant of rights hereunder. The Client agrees to indemnify and hold harmless TW Morgan LLC against any and all claims, costs, and expenses, including attorney's fees, due to uses of the Work for which they did not obtain the appropriate Clearance including uses that exceeded the Clearances actually obtained by the Client.

Indemnification/Hold Harmless:

In addition to the terms and conditions covered above, the Client shall also indemnify and hold TW Morgan LLC, its officers, members, employees, contractors, licensees, sublicensees, agents, successors, and assigns harmless from and against any and all liability, claims, injuries, damages, loss, expense, (including court costs and reasonable attorneys' fees) resulting from the performance of this Agreement, or any distribution or use of the Work created hereunder resulting from the Client’s breach of any warranties, representations or certifications hereunder, or resulting from the Client’s negligent or intentional acts or omissions and/or those of their officers, agents, independent contractors, employees, family members, invitees, licensors, the Property owner, and/or guests.

Severability:

If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.