Terms of Service

These Terms of Service (“Terms”) govern your use of the JPS Photo website and the real estate photography services offered by Joshua Smith doing business as JPS Photo. By booking a shoot or using this site, you agree to these Terms.

Services

I provide MLS-ready real estate photography and related add-ons for listing agents and property stakeholders in Greater DFW Metroplex. Package details, inclusions, and pricing are listed on the website and in Square Appointments. Standard MLS packages start at $150 and include professionally edited photos delivered within 24 hours unless otherwise agreed.

Booking

Appointments are scheduled through Square Appointments or by contacting me directly. Please include the property address, access notes, and homeowner contact information when you will not be on site. A booking is confirmed once the requested deposit is received and I confirm the appointment time.

Fees and deposits

A 50% deposit confirms your booking. The remaining balance is due when edited photos are delivered.

Prices are quoted at the time of booking and are exclusive of any applicable taxes. Payments are processed through Square, and the remaining balance is due upon delivery of the edited photos. I reserve the right to withhold delivery, or to suspend future bookings, until outstanding balances are paid in full. Invoices not paid within the terms stated on the invoice may be subject to a reasonable late fee to the extent permitted by law.

Deposits are non-refundable if you cancel within 24 hours of the scheduled shoot, do not provide property access at the agreed time, or cancel after confirmation. If you cancel more than 24 hours before the shoot, your deposit may be applied to a rescheduled date within 30 days or refunded. If I must cancel or reschedule due to weather, safety, or circumstances on my end, your deposit will be refunded or applied to a new date of your choice.

Client responsibilities

You agree to:

• Provide accurate property and access information
• Ensure authorized access at the scheduled time
• Prepare the property for photography as needed (lighting, staging, pets, etc.)
• Pay remaining balances when edited photos are delivered

Delivery and revisions

Edited photos are typically delivered within 24 hours of the shoot. Delivery timing may vary for larger properties, weather delays, or add-on services. Minor revisions for missed rooms or clear editing issues will be handled promptly when reported soon after delivery. New creative direction, additional rooms, or reshoots may require an additional fee.

Add-on limitations

• Aerial photography is subject to weather, airspace authorization, and safe/legal flight conditions.
• Floor plans are for marketing use. Measurements are approximate and should be independently verified.
• Twilight photography depends on timing and on-site conditions during blue hour or after dark.

Photo usage and license

Upon full payment, you receive a non-exclusive license to use the delivered photos for marketing the photographed property, including MLS listings, brokerage websites, social media, and related promotional materials. I retain copyright ownership of the images and may use them in my portfolio, website, and marketing unless we agree otherwise in writing. You may not sell, license, or transfer the images as standalone stock photography.

New client specials

Introductory pricing, when offered, is limited to one introductory shoot per licensed agent unless otherwise stated at booking.

Website use

This website is provided for informational and booking purposes. Do not misuse the site, attempt unauthorized access, or use content scraped from the gallery without permission.

Disclaimer

Photography results depend on property condition, lighting, weather, and access. I do not guarantee listing outcomes, sale price, or time on market. Floor-plan measurements and marketing materials are approximate.

Limitation of liability

To the fullest extent permitted by law, JPS Photo’s total liability arising out of any booking or these Terms is limited to the fees you paid for the specific service giving rise to the claim. I am not liable for indirect, incidental, or consequential damages, including lost listings, lost profits, or marketing delays, except where liability cannot be limited under applicable law.

Indemnification

You agree to indemnify and hold harmless JPS Photo and Joshua Smith from claims, damages, or expenses arising out of your breach of these Terms, your failure to secure authorized access or permissions for the property, or your use of the delivered photos in violation of any law or third-party right.

Force majeure

I am not responsible for delays or failure to perform caused by circumstances beyond my reasonable control, including weather, unsafe conditions, equipment failure, illness, airspace restrictions, or acts of third parties. In such cases I will work with you to reschedule or, where a service cannot be provided, refund amounts paid for that service.

Governing law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Venue for disputes will be in courts located in Denton County, Texas, unless applicable law requires otherwise.

Changes

I may update these Terms from time to time. The “Last updated” date will change when I do. Updated Terms apply to bookings made after the revision date.

General

These Terms, together with the booking details you accept in Square Appointments and any written agreement between us, are the entire agreement regarding the services and supersede prior discussions. If any provision is found unenforceable, the remaining provisions stay in effect. My failure to enforce a provision is not a waiver of it. You may not assign these Terms without my consent; I may assign them in connection with a transfer of my business.

Contact

Questions about these Terms: jpsmith@tuta.com · (915) 633-4271.