Legal
Terms of service
These terms govern your use of this website, the client portal, bookings placed with Higginbotham Media LLC (“Higginbotham Media”, “we”, “us”), and the loyalty and referral programs. By using the site, creating an account, or placing a booking, you agree to them.
You must be at least 18 years old and able to enter into a binding agreement. If you book on behalf of a brokerage, team, company, property owner, or other organization, you confirm that you are authorized to act on its behalf.
Website content
Except for third-party materials owned by their respective owners, all imagery, video, graphics, branding, and copy on this site are the property of Higginbotham Media and may not be reproduced, republished, distributed, or used commercially without prior written consent.
Privacy
Our Privacy Policy explains how we collect, use, and protect personal information associated with your account, bookings, galleries, and use of this website.
Accounts
- Keep the details on your account accurate and your sign-in credentials private. You are responsible for activity under your account, including anyone you share a gallery link or passcode with.
- Notify us if you believe your account, password, gallery link, or passcode has been compromised.
- One account per person unless we approve otherwise. Accounts may not be created or used to obtain program rewards, discounts, or credits you would not otherwise be entitled to.
- We may suspend or close an account, and withhold or reverse rewards or credits attached to it, where we reasonably believe these terms have been breached or an account has been misused.
Bookings & pricing
- A booking request is confirmed once we accept it.
- The price shown in the booking flow is a quote based on the services, add-ons, property address, property size, and other information you enter. Services marked as custom-quote are priced individually.
- The price confirmed with your booking is the price for that booking unless you change the booking or information provided during booking was materially inaccurate, such as the property size, address, property type, or services required.
- If a pricing adjustment is necessary, we will make reasonable efforts to notify you before performing the affected service.
- Bookings are also subject to any service agreement provided at the time of booking. Where that agreement and these terms differ, the service agreement applies to that booking.
Property access & preparation
You are responsible for ensuring the property is accessible and ready to be photographed at the scheduled time, including:
- providing correct gate codes, lockbox codes, keys, and access instructions;
- notifying homeowners, tenants, occupants, security personnel, or property managers;
- securing pets;
- completing cleaning, decluttering, staging, landscaping, and other preparation;
- positioning vehicles, blinds, curtains, lights, televisions, fans, and other property features as desired; and
- letting us know about areas that should or should not be photographed.
Our photographers are not responsible for cleaning, staging, moving substantial furniture, making beds, handling valuables, supervising occupants or pets, or otherwise preparing the property.
Minor adjustments may be made at the photographer’s discretion when practical, but are not guaranteed.
Failed access & delays
If we cannot begin or complete a scheduled shoot because access is unavailable, the property is not ready, an occupant refuses entry, an animal creates a safety concern, or another condition under the client’s control prevents the service from being completed, the appointment may be treated as a late cancellation.
A $75 late-cancellation or failed-access fee may apply.
If a delay caused by access or property-preparation issues substantially reduces the available appointment time, we may photograph the property as it is, shorten the scope of the shoot, or schedule a paid return visit.
Delivery
Standard delivery timeframes apply to business days unless otherwise stated.
Delivery times are estimates and may be affected by weather, access, editing complexity, unusually large projects, equipment issues, third-party platform outages, emergencies, or other circumstances outside our reasonable control.
We will make reasonable efforts to communicate significant delays.
Corrections & reshoots
If we materially fail to provide a service included in the confirmed booking or make an error in the delivered media, let us know within a reasonable period after delivery.
Where appropriate, we may correct the media, re-edit affected files, replace files, or return to the property to correct or complete the affected work.
Complimentary return visits do not apply where the issue results from:
- the property not being properly prepared;
- staging, landscaping, vehicles, décor, lighting, blinds, televisions, or similar property conditions;
- an area being inaccessible during the original shoot;
- instructions not provided before or during the shoot;
- changes made to the property after the original shoot;
- weather or seasonal conditions;
- occupants, pets, contractors, or homeowners;
- subjective preferences regarding angles or composition where the delivered work otherwise meets the purchased service; or
- additional coverage that was not included in the original booking.
Return visits for these reasons may be treated as a new service and may include additional service and travel charges.
Aerial services
Aerial photography and video are subject to weather, airspace, safety, and legal restrictions.
Our remote pilot has final authority to determine whether an aerial operation can be performed safely and legally.
Aerial services may be delayed, modified, rescheduled, or canceled because of weather, wind, visibility, FAA restrictions, temporary flight restrictions, controlled airspace, emergency activity, equipment conditions, or other safety concerns.
Booking aerial services does not guarantee that a flight can be performed at a specific location or time.
If aerial services cannot be completed, we may reschedule them or adjust the affected service charge as appropriate.
Travel fees
Properties within our free travel radius carry no travel fee. The radius is measured by road from the studio’s home base near Jupiter, Florida.
Beyond it, a travel fee is calculated on the round-trip distance at the rate shown when you book and appears as its own line on your quote and invoice.
Properties beyond our automatic-quote range are priced on request.
Travel fees are never reduced by coupons, loyalty rewards, or referral credits unless a coupon expressly waives the travel fee.
Changes & cancellations
- You can reschedule or cancel a pending or confirmed booking from your account while self-service changes remain available for that appointment.
- Once the self-service cutoff has passed, changes must go through us directly.
- Late cancellation fee. A booking canceled less than 12 hours before its scheduled start time incurs a $75 late-cancellation fee.
- A booking that cannot be completed because of client-controlled access or property-readiness issues may also be treated as a late cancellation.
- A canceled booking can be rebooked from your account by choosing a new time; it returns to pending until we confirm it.
- Canceling a booking releases any loyalty reward pick used on it back to your balance, subject to its original expiration date, but forfeits any referral credit applied to it. Rescheduling keeps both.
- If a cancellation is caused by Higginbotham Media, any affected referral credit will be restored.
Invoices & payment
- Invoices are issued through QuickBooks Online to the email address associated with the booking.
- Unless an invoice says otherwise, a booking invoice is dated and due on the day of the shoot.
- Payment methods are those offered on the invoice.
- Coupons, loyalty rewards, and referral credits each appear as a separate line on the invoice, applied in that order.
- Every discount applies only to the eligible shoot price and is capped at whatever earlier discounts leave remaining. Discounts do not reduce travel fees.
- Orders placed through the client portal for prints or additional files are priced at the price shown at checkout.
- We may suspend future bookings, gallery access, or other services while an invoice remains materially overdue.
- The license to use delivered media becomes effective once the applicable invoice has been paid in full unless we agree otherwise.
- If a payment is disputed, reversed, or charged back, the related invoice may be treated as unpaid until the matter is resolved.
- Only paid, non-voided invoice amounts count toward loyalty status.
- Refunded amounts are deducted from qualifying spend. A fully refunded or voided invoice contributes nothing toward loyalty status.
Teams & team billing
- A team is a real-estate group we set up at its lead’s request.
- Team leads manage the roster from the portal and are responsible for deciding who has access to the team’s galleries.
- By adding someone to a team, the team lead authorizes that person to access team galleries and other team information made available through the portal.
- Every current member can see the team’s galleries and may receive emails associated with team bookings.
- A person belongs to at most one team unless we approve otherwise.
- Leaving or being removed from a team ends access to its galleries.
- When a team member books a shoot for the team rather than marking it as a personal shoot, the invoice is issued to the team and addressed to the team’s billing contact or, if none is set, to the first lead on the roster.
- The team is responsible for paying team bookings. Personal bookings are invoiced to the person who booked.
- Loyalty status and reward picks are personal. A team booking counts toward the status of the member who scheduled it, even when the team is invoiced.
Coupons & promotional codes
- Coupons are valid only while active, within any start and expiration dates, and subject to any overall, per-customer, service, or other usage restrictions we set.
- Some coupons apply only to particular services.
- One coupon can be applied per booking unless expressly stated otherwise.
- Coupons can be combined with a loyalty reward pick and a referral credit on the same booking.
- Coupons have no cash value and cannot be exchanged for cash or account credit.
- Coupons may be withdrawn or changed at any time before they are applied to a booking.
Loyalty program
The loyalty program rewards qualifying paid work over a rolling year.
Current tier thresholds, reward-pick allowances, perks, and the reward menu are published on the loyalty program page. Those thresholds, allowances, perks, and reward options are set by Higginbotham Media and may change for future membership years.
Qualifying spend
Unless otherwise stated on the loyalty program page, qualifying spend includes paid photography and media-service charges and eligible add-ons after discounts and refunds.
Travel fees, taxes, refunded amounts, voided amounts, chargebacks, and charges identified as non-qualifying do not count toward loyalty status.
Earning status
Your status is based on qualifying spend during the trailing 12 months.
You reach a tier when your qualifying spend meets its published threshold, and a higher tier takes effect immediately.
Membership year
Status is held for 12 months from the day it is earned, regardless of your volume during that period.
At the end of that year, your status is reassessed based on your trailing 12 months of qualifying spend. You keep whatever tier that spending supports, which may be the same, lower, or none.
Moving up to a higher tier starts a new 12-month membership year.
Reward picks
Each tier grants a published number of reward picks per membership year.
A pick redeems one eligible item from the current reward menu, such as a free aerial add-on or free Zillow 3D tour, with the purchase of an eligible shoot.
One pick can be used per booking.
A reward that provides a free add-on requires that add-on to be included on the booking. Its value is capped at the price of the applicable add-on and does not become a general discount against other services.
Picks cannot be used on custom-quote bookings unless expressly allowed and never reduce a travel fee.
Available rewards are based on the reward menu in effect when the pick is redeemed unless otherwise stated.
Expiration
Reward picks expire 12 months from the date they are earned if unused.
Unused picks do not roll over.
Because moving up a tier starts a new membership year, any unused picks from the previous tier are replaced by the new tier’s full allowance rather than added to it.
Cancellations
If a booking carrying a pick is canceled, the pick returns to your balance and remains subject to its original expiration date.
Perks
Higher tiers may book further ahead than the standard booking window and may receive other benefits published on the loyalty program page.
At the highest tier, clients may be offered the option to receive emails about near-term appointment openings.
Perks apply for as long as you hold the applicable tier and may change for future membership years.
Program administration
Reward picks have no cash value, are not transferable, and cannot be exchanged for credit.
They may be combined with a coupon and referral credit on the same eligible booking.
We may correct a status, qualifying-spend total, or reward balance that was granted or calculated in error.
We may suspend, modify, or end the loyalty program. Status already earned will generally be honored for the remainder of its membership year.
Referral program
Every eligible account carries a referral code shown on the Rewards page.
Share it with colleagues who have not previously purchased or received services from Higginbotham Media.
The referral discount percentage is published on that page. The percentage in effect when a qualifying referral is recorded is the one that applies to both credits it creates, even if we change the percentage later.
Who can be referred
Referral codes are for genuine first-time clients.
A first-time client is generally a person or business that has not previously purchased or received services from Higginbotham Media, whether under the same or another account.
A referral code may be entered when a new client signs up or when booking their first qualifying shoot as a guest.
It cannot be used by an existing client, someone with a previous qualifying booking, or through self-referral, duplicate accounts, fictitious accounts, or other attempts to obtain referral benefits improperly.
We may determine eligibility where household, brokerage, team, ownership, or business relationships make referral eligibility unclear.
Welcome credit
The new client receives the referral percentage off their first qualifying shoot.
It is applied automatically unless they choose not to use it.
Thank-you credit
Once the referred client’s first qualifying shoot has been completed and paid, the referrer receives the same percentage off one eligible future shoot.
The credit is applied automatically to the referrer’s next eligible booking unless they choose not to use it.
If the referred client’s first booking is canceled, the credit waits until an eligible first shoot has been completed and paid.
Limits
One welcome credit is available per new client and one thank-you credit per qualifying client referred.
One referral credit can be applied per booking.
If you hold more than one, the oldest eligible credit is used first unless the portal allows you to choose otherwise.
The discount applies to the eligible shoot price after any coupon and loyalty reward and never reduces a travel fee.
Cancellation
Canceling a booking that carries a referral credit forfeits that credit.
Rescheduling the same booking keeps it.
Where a cancellation was caused by Higginbotham Media, we will restore the credit.
Names
By using or participating in the referral program, you agree that the other party’s name may be shown alongside the related credit and on an associated invoice line, and that yours may be shown to them.
Expiration
Referral credits expire 12 months from the date they become available if unused.
For a welcome credit, the period begins when the qualifying referral is recorded.
For a thank-you credit, the period begins when the referred client’s qualifying first shoot is completed and paid.
Unused credits do not roll over or renew.
The expiration date is shown with each credit on your Rewards page where supported by the portal.
Refunds & misuse
A referral credit generated from a transaction that is later refunded, voided, charged back, reversed, or determined to be fraudulent may be revoked.
Credits have no cash value and are not transferable.
We may pause, modify, or end the referral program at any time. Credits already validly granted will generally continue to be honored until they are used or expire.
We may revoke credits obtained through self-referral, duplicate or fictitious accounts, fraud, or other misuse.
Client galleries & sharing
- Galleries are secured behind your account, a passcode, team access, or a share link.
- Anyone you give a link, passcode, or other access credential to may be able to view or download what it unlocks. Please share responsibly.
- Galleries expire after the period stated at delivery, typically 30 days, and may be archived or removed after that.
- Higginbotham Media is not a permanent storage or backup service. Please download and maintain your own copies of delivered files.
- We do not guarantee that expired or archived galleries remain available or can be restored.
- Where restoration is possible, a retrieval fee may apply.
- Gallery expiration does not terminate an otherwise valid media license.
Property websites
- Each shoot includes a website for the listing on a hig.media address. It stays a private draft until you publish it, and you can take it down at any time from your account.
- By publishing, you confirm that you are authorized to market the property, that the seller or owner has agreed to its address, photographs and details being public, and that what you publish is accurate and complies with fair housing law, your brokerage’s policies and your MLS’s rules.
- The site is included for one year from delivery. You may renew it for a further year at no charge while the listing is active. A site that is not renewed stops being public on its end date.
- You may connect a domain you own. You are responsible for buying and renewing it; if it lapses or stops pointing at the site, the site returns to its hig.media address.
- Where it is offered, you may instead have us register a domain for the site. It is registered by Higginbotham Media for one year at the price shown before you confirm, and billed to you. A registration or renewal cannot be cancelled or refunded once made. The domain does not renew on its own: it is renewed, and billed again, only when you renew it. A domain that is not renewed is released and may be registered by someone else.
- Inquiries sent through the site’s form are delivered to you. You are responsible for how you use and store the details of the people who write to you.
- We may take down or suspend a site at any time, including at the request of a property’s owner or occupant, where content appears inaccurate or unlawful, or where an account is overdue. Owners and occupants can ask for a site’s removal by contacting us.
- We do not guarantee that a site will be indexed by search engines, will produce inquiries, or will be available without interruption.
Client imagery
Higginbotham Media retains copyright ownership of the photographs, video, aerial imagery, and other original media we create unless otherwise agreed in writing.
Once the applicable invoice has been paid, the client receives a limited, non-exclusive license to use delivered media to market the specific property for which it was created.
This generally includes use on:
- MLS listings;
- brokerage and property websites;
- real-estate portals;
- social media;
- email marketing;
- brochures and print advertising; and
- other ordinary marketing directly related to the property.
Media may not be sold, sublicensed, transferred, or provided to another person or business for unrelated commercial use without our written consent.
A change in property ownership, brokerage, listing agent, or listing agreement does not automatically transfer the media license.
Builders, architects, interior designers, contractors, property managers, vacation-rental operators, publications, and other third parties may require a separate license to use the media for their own commercial purposes.
Portfolio use
Unless otherwise agreed in writing, Higginbotham Media may use media we create for our portfolio, website, social media, advertising, educational materials, awards, or other self-promotional purposes.
If a property is confidential, off-market, or should not be publicly displayed, let us know in writing before the shoot or before public use occurs.
Third-party platforms
Our services may interact with third-party platforms such as MLS systems, Zillow, Matterport, QuickBooks, cloud-storage providers, email services, payment processors, and other technology providers.
We are not responsible for outages, delays, compatibility changes, platform restrictions, or other failures caused by third-party systems outside our reasonable control.
We provide media in formats reasonably appropriate for the purchased service but do not guarantee compatibility with every MLS, brokerage system, website, app, social platform, or other third-party service.
Liability
We take reasonable care in performing and delivering our services, but photography, video, aerial operations, digital storage, internet services, and third-party platforms can occasionally be affected by circumstances outside our control.
If photographs, video, or other media are lost, corrupted, damaged, or otherwise unusable because of a technical failure, our responsibility is limited to a reshoot where reasonably possible or a refund of the affected service.
To the fullest extent permitted by law, Higginbotham Media is not liable for indirect or consequential losses, including lost commissions, lost listings, lost profits, lost business opportunities, or delays in marketing a property.
Our total liability relating to a booking will not exceed the amount paid for the affected service.
Nothing in these terms limits liability that cannot legally be limited.
Client responsibility & indemnification
You are responsible for having authority to request our services, authorize access to the property, and provide any materials, information, or instructions supplied to us.
You are also responsible for using delivered media within the license provided.
You agree to indemnify Higginbotham Media against reasonable third-party claims resulting from your lack of authority, materials you provide, or unauthorized use or distribution of delivered media, except to the extent the claim was caused by our own negligence or unlawful conduct.
Communications
We send transactional emails and other communications about your bookings, schedule changes, invoices, galleries, account security, teams, and program credits.
These communications may continue while necessary to provide or administer an active service.
We may also send promotional, loyalty, referral, or general marketing emails. Where applicable, you may opt out of promotional communications without affecting necessary booking, invoice, security, or service communications.
Circumstances outside our control
We are not responsible for delays, rescheduling, or inability to perform caused by circumstances outside our reasonable control, including severe weather, hurricanes, road closures, government or FAA restrictions, emergencies, utility or internet failures, third-party service outages, equipment failure despite reasonable precautions, illness, injury, or similar events.
Where practical, we will reschedule, complete, replace, or refund the affected portion of the service as appropriate.
Governing law
These terms are governed by the laws of the State of Florida.
Any legal action arising from these terms or services provided by Higginbotham Media must be brought in a court of competent jurisdiction in Palm Beach County, Florida, unless applicable law requires otherwise.
General
These terms, together with the applicable booking details, quote, service agreement, and any separately agreed written terms, govern the applicable service.
If there is a conflict, a specifically negotiated written agreement or booking-specific service agreement takes priority over these general terms.
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in effect.
Our decision not to enforce a provision on one occasion does not prevent us from enforcing it later.
You may not transfer your account, booking rights, media license, rewards, or referral credits to another person without our written consent.
We may update these terms from time to time. The current version is always available on this page.
Material changes to the loyalty or referral programs will generally apply prospectively to membership years beginning or referral credits earned after the change.
Questions? Email tracey@higginbothammedia.com.
Last updated: October 5, 2026.