Terms of Service

Last updated: 11/26/2025


These Terms govern your use of Art Home Photo’s website, booking system, delivery portals, and communication channels (including SMS). By using our services, you agree to these Terms.


Services

Art Home Photo provides real estate media services including:

  • Photography

  • Videography

  • Drone services

  • Floor plans

  • 3D tours

  • Virtual staging

  • Media delivery

Service details and pricing are provided at booking.


Use of Our Website

You agree to use our website and forms only for lawful purposes and to provide accurate information.


SMS Consent

By providing your phone number, you consent to receive SMS messages as described in our Privacy Policy. You may opt out at any time by replying STOP.


Intellectual Property

All photos, videos, and media created by Art Home Photo remain our intellectual property until paid in full. Paid media includes a license for use in real estate marketing. Under current copyright laws, ownership of all photos belongs entirely to Art Home Photo (McKibben Photography LLC). Art Home Photo (McKibben Photography LLC) retains full rights to all media created, including, but not limited to videos and photos. By using our services, you agree that Art Home Photo (McKibben Photography LLC) has the right to use any media for marketing, promotional purposes, advertisements, or related services without additional consent. This includes, but is not limited to online and print materials, social media, advertisements, and other promotional channels or avenues.


Art Home Photo retains all rights to photos taken of properties unless otherwise agreed upon in writing, and only licenses the use of the images to the Listing Agent (“customer”) of the property for marketing purposes while the listing is active (up to one year from date of service). All images produced for the client may be used by the client for any and all marketing materials and campaigns associated with the property and for the client’s self promotion until the license expires. The photos may also be used by the client’s parent company for the sole purpose of marketing the specific property photographed. Any usage of the images by a third party, including but not limited to, other agents, architects, builders, stagers, designers, sellers or buyers, is strictly prohibited unless approved in writing by Dustin McKibben, owner of Art Home Photo.


The original agent who paid for this service has permission to use these images on any electronic or printed form of advertisement for the promotion of that property and indefinitely in their business marketing channels after the property is no longer for sale.


The licensing agreement between Art Home Photo (the copyright holder) and the listing agent is valid only for the duration the home/property is listed for sale and terminates when the home is no longer for sale. Images cannot be sold to another agent who takes over an expired or withdrawn listing by the original listing agent. Art Home Photo maintains the right to relicense images and media if they choose to do so. We will encourage the new listing agent to retake the images, but in some rare occasions that may not be possible. We will reach out to the original listing agent to alert them of a relicense request. If the original listing agent does not agree to us relicensing those images then we will not do so.


Relationship of the Parties:

Our photographers are employees of Art Home Photo and shall not be deemed to be an employee of the client. No agency, partnership, joint venture, or employee/employer relationship is intended or created by this agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this agreement. The photographer and the photos or any other deliverables prepared by the photographer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to clients are contractual in nature and are expressly defined by this agreement.


Non-Solicitation of Employees:

The Client agrees that during the term of this agreement and for a period of one year following its termination or expiration, they will not directly or indirectly solicit, recruit, or hire any employees, contractors, or representatives of Art Home Photo without prior written consent. This includes any efforts to engage such individuals for employment or contract work that may conflict with their obligations to Art Home Photo. Violation of this clause may result in legal action and applicable damages to the fullest extent permitted by law.


Payments/Fees:

All appointments are booked via Art Home Photo’s online ordering platform or verbal or digital communication and confirmation. Payment is not required to book a session, but full payment is required prior to downloading the images and/or other deliverables. The only exception to this is if it is agreed upon in writing that the order is to be invoiced to the client’s brokerage or another financially responsible party. Art Home Photo reserves the right to cancel, postpone, or refuse to schedule subsequent sessions until account is made current.

Failure to pay for the images will result in a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement. Failure to stop using them will result in legal action.


Travel Fees:

By scheduling an appointment with Art Home Photo, you acknowledge and agree to potential travel fees associated with your appointment/order. Travel fees may be applied based on the distance from our primary location to the property. These charges cover travel-related expenses, including fuel and time. Any such fees will be applied to your order during the appointment confirmation process and will be viewable to the client through our online platform and login. If you are booking outside of Allen County in the state of Indiana, there is typically a travel fee associated. Please see our fee map for more insight on what to expect for travel fees to a requested location.


Refunds:

All of our work meets our customers' satisfaction. There are no refunds for services. However, if for a valid reason you are not happy with the images or other deliverables, we will return to the location/listing at no cost to achieve satisfactory results. Please read our preparation tips in order to avoid misunderstandings. Please also provide as much detail as possible on our online ordering form so we can maximize communication and understanding prior to the appointment.


Cancellations / Rescheduling

Art Home Photo requires a minimum of 24 hours notice of the scheduled appointment if a client needs to cancel or postpone an appointment.


Art Home Photo reserves the right to charge a fee amounting up to 50% of the order’s services for cancellations not made within 24 hours. Art Home Photo reserves the right to charge a fee amounting up to 100% of the order’s services for cancellations made on the same day of the appointment. Please note that if we arrive at the property to find the home/property/subject is cancelled and/or not ready for services, including denied access to the property, the listing agent ("customer") or financially responsible party will be charged for 100% of services.


Clients and/or their staff are responsible to check the weather before scheduling a shoot, therefore, there will be a fee of $35 assessed for rescheduling day of due to bad weather. No exceptions. If it is raining at the time of the appointment, we will continue with the interior photos and return for the exterior photos at another time for a fee. This fee starts at $35 if within Allen County and is subject to increase if outside Allen County.


Limitation of Liability

Art Home Photo is not liable for:

  • Delays caused by weather, emergencies, or system outages

  • Third-party platform outages (Dropbox, OpenPhone, Aryeo/Spiro, etc.)

  • Client misuse or unauthorized modification of delivered media


Contact

Art Home Photo
7722 Lima Rd
Fort Wayne, IN 46818
hello@arthomephoto.com
260-254-7070