Terms & Conditions | Elev8 Real Estate 1

Terms and Conditions

Introduction

Last updated February 13, 2025
Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required legal language.

Your Acceptance of this Agreement

The following Terms and Conditions, together with any documents and/or additional terms they expressly incorporate by reference constitute a legal agreement (collectively, this "Agreement") and are entered into by and between Cre8iverse LLC doing business as Elev8 Real Estate Media ("Elev8 Real Estate Media", "Elev8", "Company", "We", "Us", & "Our") and you ("Client", "Agent", "User", "You", "Your").
This Agreement contains very important information regarding Your rights and obligations, as well as conditions, limitations, and exclusions that apply to Your access and use of elev8.realestate (the "Website ") and Our services, (the “Services”). Please read the Agreement carefully.
By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to You, You accept and agree to be bound and abide by these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must not access or use the Website or obtain our Services.

Grant of Rights

You hereby grant to Elev8 Real Estate Media, 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), and/or 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. Any and all rights not expressly granted here are reserved to Elev8 Real Estate Media, including copyright and ownership rights in the Work. Elev8 Real Estate Media 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 within or on the outside of Elev8’s premises. Elev8 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.

Usage Rights

In exchange for the Grant of Rights set forth herein, Elev8 grants to You the right to use the images created from the Work and provided to You by Elev8 for purposes of marketing and promoting the Property, promoting Your real estate business and/or the listing(s), Your brokerage(s), and/or Your business(es) (“Your License”). Your License is non-exclusive, non-transferable, covers all territories and media, and is for an unlimited time on websites owned by You. You 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.
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 Elev8 Real Estate Media.
Elev8 does not provide raw unedited files from the camera. All media delivered to the Client will be edited and processed to ensure the highest quality and consistency with Elev8's standards. Raw files remain the property of Elev8 and will not be shared or distributed.

Releases, Licenses, and Authorizations

By contracting with Elev8 Real Estate Media to produce the Work, You warrant and represent that You are authorized to enter into this Agreement with regard to the Property and You certify that You have obtained all appropriate and necessary releases, permissions, waivers, licenses and/or authorizations (hereinafter “Clearances”) for the Grant of Rights and Usage Rights set forth in these Terms and Conditions, including but not limited 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. You further warrant and represent 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. You agree to indemnify and hold harmless Elev8 Real Estate Media against any and all claims, costs, and expenses, including attorney’s fees, due to uses of the Work for which You did not obtain the appropriate Clearance including uses that exceeded the Clearances actually obtained by You.

Appointment Availability

While Elev8 typically strives to have availability for most appointments within 1-3 days, choosing certain services, picking a specific photographer, inclement weather, or increased volume during peak season may impact availability.

Service Area Coverage

Online ordering on our Website is available for an approximately 75-mile driving radius from the center of Our primary service area (Shrewsbury, MA). Some locations may incur additional travel fees.
Service locations beyond this radius will need to be booked by contacting Our office and additional travel fees may apply.

Order Details & Accuracy

The Client is expected to have accurately entered or communicated all pertinent information at the time the order is placed. Elev8 reserves the right to update incorrect information and adjust the pricing of the order to accurately reflect the order (ex. The client enters that the property is 1,800 square feet but it is actually 2,400 square feet).
Any pricing adjustments, due to inaccuracies when placing the order or due to Client request for additional Services, will be communicated to the Client before the Work is delivered.
Our pricing reflects the costs for residential dwellings up to 10,000 square feet. For larger residential properties or commercial properties, please contact Our office for a personalized quote.

Property Readiness

Clients are expected to review the “Getting Ready Guide” found on our Website and to have the property ready prior to the beginning of the arrival window according to this guide. This includes all cleaning and furniture staging.
If the Elev8 photographer arrives at the appointment and the home is not ready, the property will be shot “As Is”. Client has the option to reschedule the appointment and travel fees will be charged for each subsequent visit to the property.
Elev8 values Your feedback and input for choosing the best angles to photograph the property. If You would like to give input, please meet the photographer at the beginning of the appointment or add notes in the “Additional Comments” section of the order.
Absent Your input, the Elev8 photographer will Use his/her best judgment and experience to decide which angles will best highlight the property.

Reschedule/Cancellation Policy

Appointments that cannot be completed due to inclement weather (ex. Our photographer is unable to fly the drone due to rain/wind/snow, or too heavy of rain to capture exteriors), will be rescheduled after contacting the Client.

Elev8 reserves the right to cancel any appointment for any reason at its sole discretion. In the event of such a cancellation, Elev8 will notify the Client as soon as possible. We may offer to reschedule the appointment or provide a full refund of any pre-paid fees for the canceled appointment.
Clients are expected to ensure that the property is accessible at the scheduled appointment time. If the property is not accessible due to reasons such as locked doors, gates, or other barriers, or if the agent is more than 15 minutes late, or if the photographer is unable perform the Work due to unsafe conditions, Elev8 will contact the client to reschedule the appointment and travel fees will be charged for each subsequent visit to the property.

Delivery

Elev8 strives to deliver all Work, except videos associated with your order within 24 hours of the appointment. However, due to unforeseen circumstances, such as editor unavailability or other factors beyond our control, delivery times may vary. Elev8 Real Estate Media does not guarantee delivery within 24 hours and shall not be held liable for any delays in delivery. We will make every effort to communicate any anticipated delays to you promptly.
Clients may request one round of revisions to all Work within 24 hours of delivery at no additional cost. Any further revision requests will be charged at a rate of $50 per round of revisions.

Payment Terms

All orders will require payment before media can be downloaded (unless there is a separate agreement in place). You will receive a link to view watermarked media, and after payment has been submitted, the watermark will be removed and available for download.
If there is a balance on Your account that is over 45 days outstanding, Elev8 will freeze all assets and pause the ordering process until the balance has been paid.
After 90 days of non-payment, We will send the account to collections.

Hosting

Elev8 will guarantee media hosting for one-year from the appointment date for property website, photos and floor plans.
Video download links will be available for fourteen (14) days. It is your responsibility to download the video files within the 14 days for permanent storage.
3D Tour media will be stored until sold, or for a maximum of six (6) months.
Once the hosting time expires, the Client is responsible for permanent media storage.

VIP Program “VIPerks”

Elev8 Real Estate Media offers a VIP program known as "VIPerks" for select clients. Membership in the VIPerks program grants access to exclusive benefits and services designed to enhance your experience with us.
Benefits: The specific benefits of the VIPerks program, including any discounts, priority scheduling, or additional services, will be listed on our Website. These benefits are subject to change at any time without prior notice. It is Your responsibility to check the Website regularly for updates to the program benefits.
Program Changes: Elev8 Real Estate Media reserves the right to modify, suspend, or discontinue the VIPerks program, in whole or in part, at any time without notice. This includes, but is not limited to, changes to the benefits, eligibility criteria, or any other aspect of the program.
Eligibility: Enrollment in the VIPerks program is by invitation only and is at the sole discretion of Elev8 Real Estate Media. Participation in the program may be terminated by Elev8 at any time if the terms and conditions of the program or this Agreement are violated.

Indemnification/Hold Harmless

In addition to the terms and conditions provided above, You shall also indemnify and hold Elev8 Real Estate Media, 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 Your breach of any warranties, representations or certifications hereunder, or resulting from Your negligent or intentional acts or omissions and/or those of Your officers, agents, independent contractors, employees, family members, invitees, licensors, the Property owner, and/or guests.