Mammoth Real Estate Media Services LLC
TERMS AND CONDITIONS | LAST UPDATED JULY 2026
These Terms and Conditions (the "Agreement") constitute a legally binding contract between Mammoth Real Estate Media Services LLC ("Mammoth") and the hiring real estate professional, brokerage, individual, or entity utilizing the services of Mammoth (hereafter referred to as the "Client"). By booking an appointment, paying an invoice, or accessing media deliverables via any digital portal hosted by Mammoth, the Client agrees to be bound by all terms outlined below.
SECTION 1: SCOPE OF SERVICES & PROPERTY READINESS
A. MEDIA DELIVERABLES
Mammoth provides professional real estate marketing services, including but not limited to: commercial photography, videography, cinematic video tours, 360-degree panoramic tours, 2D/3D floorplan mapping, AI virtual staging, AI clutter removal, digital enhancements, and aerial drone media.
B. ON-SITE PREPARATION
Properties must be fully cleaned, staged, uncluttered, and photo-ready upon the arrival of Mammoth's media creator. The Client acknowledges receipt of Mammoth’s “Pre-Shoot Preparation” checklist (available publicly at ://mammothwaco.com) and assumes sole responsibility for ensuring the property is prepped prior to the confirmed, scheduled appointment time.
C. PROPERTY CONDITION LIMITATIONS
Mammoth media creators operate strictly as digital media production technicians. Creators will not clean, move furniture, open or adjust window treatments, turn on/off lights, or stage properties due to liability risks. Unprepared rooms or cluttered areas will either be skipped entirely or captured "as-is" at the creator's sole and absolute discretion.
D. POST-PRODUCTION AND MLS COMPLIANCE LIMITATIONS
Requests to digitally alter or remove permanent structural flaws, public power lines, commercial easements, or neighborhood nuisances that violate local Multiple Listing Service (MLS) compliance rules or truth-in-advertising guidelines will be denied. Mammoth will not execute edits that actively deceive potential buyers regarding the physical realities of the real property.
SECTION 2: INTELLECTUAL PROPERTY, LICENSING, & USAGE RIGHTS
A. COPYRIGHT OWNERSHIP
Mammoth retains full, exclusive, and undivided copyright ownership of all media assets produced under this Agreement, including but not limited to raw files, edited photographs, video footage, floorplans, metadata, and 3D spatial data. All visual assets remain the intellectual property of Mammoth and are protected under United States copyright laws.
B. LIMITED USAGE LICENSE
Upon receipt of full payment from the Client, Mammoth grants the Client a limited, non-transferable, non-exclusive, and revocable license to use the delivered media solely for marketing the specific residential or commercial property listing featured in the assets.
C. LICENSE TERMINATION
The usage license granted herein terminates automatically once the property listing sells, closes escrow, expires, is leased, or is permanently withdrawn from the real estate market.
D. THIRD-PARTY RESTRICTIONS
The Client shall not sell, distribute, gift, lease, or sub-license any media assets to any third party. Prohibited third parties include, but are not limited to, home builders, stagers, interior designers, landscape companies, remodeling contractors, home buyers, sellers, or subsequent real estate agents who may list the property at a later date. Any third-party use requires a separate commercial license purchase directly from Mammoth.
E. SOCIAL MEDIA AND PORTFOLIOS
The Client may utilize the media on their personal or business social media channels for self-promotion. Mammoth explicitly reserves the right to use any and all captured media for its own corporate marketing, promotional portfolios, advertisements, and social media channels without limitation or compensation to the Client.
SECTION 3: SPECIALIZED MEDIA DISCLAIMERS
A. FLOORPLAN MAPPING
Floorplans and interior area measurements are generated strictly for visual, illustrative marketing purposes. All layouts, dimensions, and square footage data are approximations and must not be relied upon as official legal descriptions, appraisals, or architectural blueprints. Mammoth is not liable for minor layout discrepancies, scaling variations, or square footage variances.
B. AI VIRTUAL STAGING AND CLUTTER REMOVAL
AI-staged furnishings and digital clutter removal are digital simulations intended solely to demonstrate a property's aesthetic potential. Local MLS guidelines frequently require explicit visual disclosure of virtual staging. The Client assumes all legal and financial responsibility for compliant MLS labeling, disclosure, and fines resulting from a failure to notify consumers of digital alterations.
C. ARTISTIC ENHANCEMENTS
Digital sky replacements, grass greening, and virtual twilight transformations are artistic enhancements. They represent stylized marketing interpretations and do not serve as a literal guarantee of exact seasonal, ecological, or time-of-day environmental conditions.
D. 360-DEGREE PANORAMIC TOURS
Virtual tours (including Matterport, Zillow 3D, or proprietary formats) are hosted via cloud infrastructure or third-party servers. Mammoth guarantees hosting until the specific property listing has sold, or up to a maximum of twelve (12) months from the delivery date, whichever occurs first. Hosting renewals beyond twelve (12) months are subject to additional vendor hosting fees if Mammoth’s third-party hosting providers alter their rate structures.
SECTION 4: PAYMENT, DELIVERY, & TURNAROUND TIMES
A. UPFRONT PAYMENT
Full payment is required prior to or at the time of online booking, unless alternative written invoicing terms are explicitly approved by Mammoth management.
B. DELIVERY METHOD
All completed media assets are delivered digitally through a secure client portal or approved real estate media delivery software.
C. WATERMARK REMOVAL
All temporary download locks and visual watermarks are automated by the delivery software and will be completely removed immediately upon the system processing the Client's full payment.
D. TURNAROUND TIMES
Standard interior and exterior real estate photography deliverables are guaranteed for delivery within twelve (12) hours ("same day") or less from the conclusion of the shoot. Advanced media assets—including cinematic video tours, customized revisions, advanced 360 virtual tours, and specialized AI enhancements—require additional post-production time and carry an estimated delivery window of twenty-four (24) to forty-eight (48) business hours. Delayed delivery of advanced media due to Client revision requests or on-site environmental challenges shall not constitute a breach of this Agreement.
SECTION 5: CANCELLATION, RESCHEDULING, & WEATHER
A. LATE CANCELLATION FEE
The Client must provide at least twenty-four (24) hours' advance notice before a scheduled, confirmed appointment can be cancelled or rescheduled without penalty. If cancellation or rescheduling occurs within the twenty-four (24) hour window prior to the shoot, the Client agrees to pay a fifty-dollar ($50.00) late cancellation fee to offset Mammoth's unrecoverable booking slot losses. However, the Client may credit that same fifty-dollar ($50.00) amount toward any new booking performed by Mammoth within twelve (12) months of the cancellation date.
B. INCLEMENT WEATHER (GROUND MEDIA)
Ground-based production services (interior photography, floorplans, interior 360 tours) will proceed as scheduled regardless of weather conditions, unless official severe weather alerts or dangerous localized travel hazards exist.
C. WEATHER RESCHEDULING (EXTERIOR AND DRONE)
If heavy rain, active precipitation, or high winds prevent exterior photography or safe aerial operations, the Client may reschedule the exterior and drone portions of the appointment to the next available opening at no additional fee.
D. LOCKOUT AND NO-SHOW FEE
If a Mammoth representative arrives at a scheduled appointment and is unable to gain entry to a locked property, encounters an entirely inaccessible listing, or is turned away by a homeowner, property manager, or tenant, the shoot will be deemed a "No-Show." The Client agrees to pay a Lockout Fee equal to 100% of the scheduled shoot cost, up to a maximum cap of one-hundred and fifty dollars ($150.00), to cover labor, fuel, and scheduling disruptions. The shoot must be rescheduled subject to a new booking fee.
SECTION 6: DRONE OPERATIONS & FAA COMPLIANCE
A. FAA LICENSE
All drone operations conducted by Mammoth are executed by remote pilots legally certified by the Federal Aviation Administration (FAA) under Part 107 regulations governing commercial small Unmanned Aircraft Systems (sUAS).
B. FAA REGULATIONS
All aerial drone flights are strictly subject to Federal Aviation Administration (FAA) laws, local municipal airspace restrictions, and temporary flight restrictions (TFRs) issued by federal agencies.
C. PILOT DISCRETION AND SAFETY
The remote Pilot-in-Command (PIC) has the final, absolute legal authority to cancel, alter, or abort an aerial flight due to safety hazards, high winds, precipitation, wildlife interference, structural obstructions, or proximity to airports.
D. AIRSPACE APPROVAL DELAYS
If a property is located within controlled airspace requiring Low Altitude Authorization and Notification Capability (LAANC) authorization or specialized FAA waivers, delivery timelines may be delayed while awaiting mandatory federal clearance. Mammoth is not liable for delays resulting from federal regulatory processing.
SECTION 7: RESPONSIBILITY FOR RELEASES AND PERMISSIONS
A. PROPERTY ACCESS AND OWNER AUTHORIZATION
The Client warrants and represents that they have obtained all necessary permissions, authorizations, and legal clearances from the property owner, landlord, or tenant to allow Mammoth personnel onto the premises to capture media. The Client assumes sole operational responsibility for ensuring that the capturing of images, video,aerial drone footage, and 3D tours does not violate any privacy rights, trespass laws, community rules, homeowners association (HOA) regulations, or local bylaws.
B. MODEL AND TALENT RELEASES
The Client is solely responsible for identifying, managing, and obtaining signed legal releases (model releases) for any individuals—including homeowners, tenants, family members, real estate agents, actors, or bystanders—who appear in any captured media assets. Mammoth is under no obligation to verify permissions or secure releases from individuals present during production.
C. INDEMNIFICATION FOR THIRD-PARTY CLAIMS
The Client agrees to indemnify, defend, and hold harmless Mammoth, its members,managers, employees, contractors, and subcontractors from and against any and all claims, liabilities, losses, damages, or legal expenses (including attorney's fees and court costs) arising out of Mammoth’s capture, use, posting, or delivery of media that lacks appropriate property releases, model releases, neighborhood permissions, or owner consent.
SECTION 8: LIMITATION OF LIABILITY & EXCLUSION OF DAMAGES
A. MAXIMUM LIABILITY CAP
The maximum aggregate liability of Mammoth, its members, managers, employees, contractors, and agents to the Client for any and all claims, losses, costs, damages, or expenses arising out of or related to this agreement, the services provided, or the media delivered—whether sounding in contract, tort (including negligence),strict liability, indemnity, breach of warranty, or otherwise—shall be strictly limited to the total amount of fees actually paid by the Client to Mammoth for the specific appointment, shoot, or project giving rise to the liability.
B. MEDIA LOSS AND EQUIPMENT FAILURE
Mammoth utilizes professional-grade media gear and industry-standard digital backup protocols. However, in the event of unforeseen equipment failure, camera or drone malfunction, storage media corruption, digital file loss, theft, accidental deletion, or compromised/incomplete re-production coverage of a property, Mammoth’s sole obligation and the Client’s exclusive legal remedy is limited to either:(i) Re-scheduling and re-shooting the property listing at no additional cost, or(ii) Issuing a full refund of the specific fee paid for that property shoot.
C. EXCLUSION OF EXEMPLARY AND CONSEQUENTIAL DAMAGES
In no event shall Mammoth be liable to the Client or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages. This exclusion includes, but is not limited to, loss of revenue, loss of real estate commissions, expired listings, time delays, MLS fines, brand damage, or loss of business reputation, even if Mammoth has been advised of the possibility of such damages occurring.
SECTION 9: SAFETY, PETS, & DIGITAL CONSENT
A. SAFETY PROTOCOLS
Mammoth media creators reserve the right to immediately cease work and leave the premises if on-site environmental conditions are deemed unsafe, hazardous, hostile, or verbally threatening. The full shoot cost will remain due under these conditions.
B. PET POLICY
All domestic pets must be safely restrained, crated, or entirely removed from the property during the scheduled shoot time. Mammoth is not responsible for pets escaping properties through doors opened during equipment transport, nor are creators liable for animals appearing as unintended obstructions in final media files.
C. CLICK-THROUGH ACCEPTANCE
Checking the "I Agree to the Terms of Service" checkbox during online checkout or digital booking forms a legally binding, digital agreement equivalent to an original handwritten signature under state and federal Electronic Signatures in Global and National Commerce (ESIGN) Acts.
D. MODIFICATIONS
Mammoth reserves the right to modify these Terms and Conditions at any time without prior written notice. The terms in effect at the exact time of booking an individual appointment shall govern that specific project.
SECTION 10: GOVERNING LAW, JURISDICTION, & SEVERABILITY
A. GOVERNING LAW
This Agreement shall be construed, interpreted, and governed exclusively by the laws of the State of Texas, without regard to its conflict of laws principles.
B. JURISDICTION AND VENUE
Any legal action, suit, mediation, or proceeding arising out of or relating to thisAgreement or services rendered by Mammoth must be filed exclusively in a court of competent jurisdiction located in McLennan County, Texas. Both parties explicitly consent to the personal jurisdiction of such courts.
C. SEVERABILITY
If any provision, phrase, or section of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified by the court to the minimum extent necessary to make it valid and enforceable.