Definitions used in this Agreement
These terms are used throughout the Agreement to keep the service, delivery, and licensing rules consistent.
- Client
- The individual or entity identified in the Order who requests or authorizes SkyHaus services. If a person books on behalf of a brokerage, company, owner, or other entity, that person represents that they have authority to do so.
- Property
- The property, site, parcel, structure, or project location identified in the Order.
- Order
- The applicable booking confirmation, accepted quote, Scope of Work, or other project-specific written record that identifies the services, Property, price, and project details. An invoice may reflect the accepted Order and approved additional charges, but an invoice by itself does not create a material new service obligation or price change that the Client did not authorize.
- Final Media
- The finished photographs, aerial images, videos, floor plans, graphics, virtual staging, virtual twilight images, boundary overlays, or other completed deliverables SkyHaus releases to the Client.
- Working Files
- RAW files, unedited footage, rejected images, intermediate exports, source files, editing catalogs, layered files, project files, and other production materials not included in Final Media.
- SOW
- A written Scope of Work used for custom, recurring, commercial, construction, branding, or other project-specific engagements.
- Brokerage
- The real estate brokerage or business entity with which the Client is affiliated for the applicable Property, when relevant to the Order.
- Delivery Date
- The date SkyHaus first notifies the Client that the completed media is ready for review/payment or first makes the completed gallery available to the Client, whichever occurs first. The Client’s failure to pay, download, or open the gallery does not postpone the Delivery Date.
Agreement, Electronic Acceptance & Authority
This Agreement applies to each Order accepted by SkyHaus. The booking and acceptance process may be completed electronically. Before submitting an online Order, the Client will be given access to this Agreement and an opportunity to affirmatively accept it. By checking the required agreement box and submitting the Order, or by otherwise affirmatively accepting this Agreement through an approved SkyHaus process, the Client agrees to the version presented at that time.
An Order is accepted by SkyHaus when SkyHaus confirms the booking or quote, expressly approves the project, or begins performing the requested services, whichever occurs first. Submission of a booking request does not require SkyHaus to accept an appointment that is unavailable, unsafe, outside scope, or otherwise not approved.
A person booking for a brokerage, company, property owner, contractor, developer, or other entity represents that they are at least 18 years old and have authority to request the services and accept this Agreement for the applicable Order.
Website browsing alone is governed by separate Website Terms of Use. This Agreement governs the actual paid service relationship.
Orders, Scope, Pricing & Additional Work
The Order controls the specific services, Property, price, estimated deliverables, and project-specific details. Package image counts and similar quantities described as “approximately,” “about,” or comparable wording are target deliverables rather than rigid maximum or minimum guarantees.
The Client is responsible for reviewing the Order and promptly identifying errors or must-have rooms, features, structures, views, or special requirements. SkyHaus will use professional judgment in composition, sequencing, capture method, and final image selection while aiming to provide coherent coverage of the Property within the booked scope. Major accessible living areas or other areas reasonably expected within that scope will ordinarily be covered; unusual, secondary, or specially requested features should be identified before or during the appointment.
Client-requested additions or material scope changes may result in additional charges. When practical, SkyHaus will communicate material added charges before performing the additional work. Small incidental variations in final image count do not automatically create additional charges or credits.
Applicable sales or other taxes are added as required. Travel charges, when applicable, are determined under the SkyHaus Travel Policy in effect for the Order at the time of booking.
Special Quotes, SOWs & Order of Precedence
Custom, recurring, commercial, construction, branding, or larger projects may use an accepted written quote or SOW. If an SOW or other project-specific written term expressly conflicts with this Agreement, the project-specific written term controls only for that conflict and only for that project.
Unless an Order or SOW expressly states otherwise, the remainder of this Agreement continues to apply.
Payment, Release of Final Media & Unpaid Balances
Payment in full is required before Final Media is released for download or licensed use. SkyHaus may allow preview access before payment; preview access does not grant a license to download, publish, distribute, or otherwise use the Final Media.
Payment is based on the services performed, not on whether the Client later chooses to use the media. Once the booked services have been performed, the amount due is not canceled because the Client does not download the media or because a listing is withdrawn, delayed, goes under contract, sells, expires, or is otherwise no longer marketed.
If a payment fails, the balance remains due and SkyHaus may resend or reissue the invoice or payment link. If a chargeback or payment dispute occurs, SkyHaus may provide relevant booking, delivery, communication, acceptance, and payment records to the payment processor or financial institution and may suspend future services or deliveries while a legitimate unpaid balance remains.
SkyHaus may require prepayment for future Orders when a Client has an unpaid balance, repeated payment problems, repeated late cancellations/no-shows, or when a custom SOW requires it.
Changes to an Accepted Order
Project-specific changes may be confirmed by an authorized SkyHaus representative through a written email, text message, updated Order, accepted quote, or SOW. Automated or AI-assisted communications may provide general information, but they do not independently authorize discounts, refunds, special deadlines, scope changes, or other exceptions unless an authorized SkyHaus representative confirms the change.
Scheduling, Cancellation, Rescheduling & No-Show
The Client may cancel or reschedule without a SkyHaus cancellation/rescheduling fee when at least 24 hours’ notice is provided.
A cancellation or rescheduling request received by SkyHaus less than 24 hours before the scheduled appointment is subject to a $50 fee for the affected appointment. A no-show, unavailable Property, or failure to provide usable access after SkyHaus has traveled to or arrived at the Property is also subject to a $50 fee, plus applicable travel charges when warranted under the Travel Policy.
The Client is not charged the standard cancellation fee when SkyHaus initiates the change or when the change is reasonably required by unsafe weather, unsafe drone conditions, airspace/FAA restrictions, or another condition that makes the booked operation unsafe or unlawful. If conditions are safe and lawful but the Client elects to postpone solely for aesthetic preferences such as cloud cover or seasonal appearance, the ordinary cancellation/rescheduling rules apply unless SkyHaus agrees otherwise.
SkyHaus may waive a fee in an individual case at its discretion. A discretionary waiver does not create a continuing entitlement or modify this Agreement for future Orders.
Property Authority, Access, Readiness, Occupants & Pets
The Client represents that they have the permission or other authority necessary for SkyHaus to enter and capture media at the Property and to perform the requested services. SkyHaus may reasonably rely on that representation and is not required to independently verify ownership or listing authority before each appointment.
The Client is responsible for reasonable property readiness and access, including accurate gate/alarm instructions, lockbox or access details, site contacts, occupant coordination, and securing pets. The Client should remove or conceal sensitive documents, access codes, valuables, personal identifying information, or other items the Client does not want captured. SkyHaus is not responsible for cleaning, staging, moving heavy or fragile property, concealing personal belongings, or making the Property presentation-ready.
Locked rooms, tenant or occupant refusal, unsafe areas, uncontrolled pets, unfinished areas, missing access instructions, or other restrictions may reduce coverage and do not automatically entitle the Client to a free return visit.
A standard Order is based on one scheduled Property visit unless the Order/SOW states otherwise or a corrective return visit is required because of a SkyHaus-caused error.
Weather, Drone Operations, Airspace & Safety
SkyHaus retains final operational discretion over whether a drone flight or other field activity can be performed safely and lawfully. Drone services remain subject to weather, FAA requirements, airspace authorization, temporary flight restrictions, site rules, visibility, access, and other operational conditions.
Ground photography may proceed even when aerial work cannot, when appropriate. If a specific aerial or other deliverable cannot be completed, SkyHaus may reschedule the affected portion or adjust the affected service rather than canceling or refunding unrelated portions of the Order.
Same-day appointments may occasionally be accepted at SkyHaus’s discretion based on actual availability. Expedited delivery is not a standard service and is available only when SkyHaus expressly agrees to a special deadline and any additional fee in writing.
Delivery Timing
The delivery timing stated in the applicable Order or service description at the time of booking controls. For residential services booked with SkyHaus’s standard “next day by 6:00 PM” turnaround, SkyHaus will use reasonable efforts to deliver by that time. Client-requested changes, unusually complex editing, third-party outages, weather or airspace delays, emergencies, or other circumstances outside SkyHaus’s reasonable control may require additional time. If a material delay occurs, SkyHaus will use reasonable efforts to notify the Client and complete delivery as soon as practical.
Construction progress services normally use a 48-72 hour delivery target unless a project SOW states another timeline.
Client Review, Corrections, Reshoots, Credits & Refunds
The Client should report concerns with the original Final Media within 30 calendar days after the Delivery Date. SkyHaus will reasonably review whether the issue resulted from SkyHaus’s work, the condition/access of the Property, the booked scope, or a later client/property change.
If SkyHaus clearly caused the problem - such as a material editing error, technical failure, unusable deliverable, or an important area reasonably within the booked scope that was missed - SkyHaus will first correct or re-edit the media when practical. If a targeted return visit is reasonably necessary, SkyHaus will perform that corrective reshoot without an additional service or travel charge.
A free reshoot is not automatically owed for subjective preference, newly requested angles or coverage, changed staging, repairs or property changes after the appointment, inaccessible areas, occupant/pet interference, or another circumstance not caused by SkyHaus.
If SkyHaus confirms a service failure that cannot reasonably be corrected through re-editing or a targeted corrective reshoot, SkyHaus will provide an appropriate remedy. Before payment, that remedy may be an invoice adjustment; after payment, it may be a credit or refund. Unless the entire Order was effectively not provided, any adjustment, credit, or refund is ordinarily limited to the affected service rather than the entire Order.
Concerns first reported after 30 days may be reviewed case-by-case at SkyHaus’s discretion, but complimentary correction or reshoot rights are not open-ended.
Gallery Availability, Client Backup & Working-File Retention
SkyHaus will provide access to the delivered Final Media for at least 6 months after the Delivery Date, normally through the client gallery or, if reasonably necessary, another delivery method. The Client is responsible for downloading and maintaining its own backup copies during that period.
After 6 months, SkyHaus may expire, archive, or delete a gallery or associated files, and recovery is not guaranteed. SkyHaus may retain Final Media or Working Files longer for operational, portfolio, backup, accounting, dispute, or other legitimate business reasons, but no longer retention period is promised unless an Order/SOW states otherwise.
The 6-month gallery period is a delivery-access commitment, not a promise that RAW files, editing project files, or every intermediate production file will remain available for reconstruction.
Copyright & Ownership
Except where SkyHaus expressly agrees otherwise in a signed writing, SkyHaus retains the copyright and other rights it owns or controls in the original photographs, video, graphics, and other copyrightable media it creates. The services are not intended to be a “work made for hire” for the Client unless SkyHaus expressly agrees to that status in a signed writing. Third-party music, software-generated elements, stock assets, AI-assisted elements, or other third-party components may remain subject to separate rights or license terms.
Ownership of the Property, possession of a copy of the media, payment of the invoice, or appearance in an image does not by itself transfer SkyHaus’s copyright.
Client Property-Marketing License
After full payment, SkyHaus grants the Client, and the Client’s Brokerage when applicable, a non-exclusive license to use the Final Media for authorized marketing of the Property and for their ordinary portfolio of completed real-estate work. Except for the limited platform/vendor permissions described below, this license may not be transferred or sublicensed to unrelated third parties without SkyHaus’s permission.
Permitted uses include MLS submission, brokerage and listing websites, real-estate portals, social media, digital advertising, email, print marketing, and comparable Property-promotion channels. The Client may authorize an MLS, portal, social platform, print vendor, or similar service provider to reproduce, display, syndicate, and retain the Final Media only to the extent reasonably necessary for the permitted Property marketing and the platform’s ordinary listing-history or archival functions.
The active Property-marketing portion of the license continues while the Client or Brokerage has authority to market the Property. Historical display of the completed listing by the Client, Brokerage, MLS, or real-estate portal and ordinary Client/Brokerage portfolio use may continue afterward. This does not authorize a different agent, brokerage, owner, builder, or other third party to reuse the media for a new listing or independent commercial purpose without separate permission.
The Client may provide copies to the Property owner/seller for personal, keepsake, or ordinary Property-related sharing. That sharing does not give the owner/seller an independent commercial license for unrelated business use.
Third-Party Use & Transfer
The Client may not sell, sublicense, transfer, or give independent commercial usage rights in the Final Media to unrelated third parties without SkyHaus’s written permission.
Builders, architects, designers, stagers, vendors, publications, vacation-rental operators, unrelated businesses, and another agent or brokerage that later takes over the Property generally require a separate license or written permission for their own independent commercial use.
SkyHaus does not represent that every downstream unauthorized use can be detected or prevented. The restriction applies even when unauthorized reuse is difficult to track.
Client Alterations & Platform Processing
Ordinary technical resizing, compression, platform cropping, or formatting required for permitted publication is allowed. The Client may not materially alter SkyHaus media in a way that misrepresents the Property, removes a material disclosure, or creates a false or misleading depiction, and may not direct a third party to do so.
If the Client independently modifies Final Media after delivery, SkyHaus is not responsible for the accuracy, quality, legality, or platform compliance of the Client-modified version.
SkyHaus Portfolio, Website & Organic Marketing Use
For Orders accepted under this Agreement, unless the Client opts out in writing, SkyHaus may use Property-only Final Media in its portfolio, website, samples, case studies, and organic social-media marketing to demonstrate SkyHaus services.
This standard portfolio permission does not automatically authorize SkyHaus to use a prominently identifiable person in SkyHaus’s own marketing, to portray a client/person as a paid endorsement, or to use privacy-sensitive or confidential project content in a manner inconsistent with an agreed NDA or written confidentiality restriction.
A Client who wants the Property excluded from SkyHaus portfolio or organic marketing should notify SkyHaus in writing. The Client should also communicate any known confidentiality, embargo, privacy, security, or no-publication restriction before the appointment whenever possible. If a later written opt-out is received, SkyHaus will stop new discretionary use and will use reasonable efforts to remove the media from SkyHaus-controlled digital marketing channels where practical; prior print use, third-party reposts, caches, or materials outside SkyHaus’s control may not be retractable. Separately signed confidentiality or NDA terms control where applicable.
Digitally Altered Media, Virtual Staging & MLS/Platform Rules
Standard real-estate finishing - such as exposure and color correction, HDR/flambient blending, lens correction, perspective/vertical correction, sharpening, and comparable normal processing - does not require delivery of an unedited RAW original.
When an optional edit materially changes what the Property appears to contain or look like, SkyHaus will ordinarily preserve and, when appropriate for the ordered service and intended use, deliver a truthful finished baseline version together with a clearly identified altered marketing version. Examples may include virtual staging, material decluttering/object removal, lawn enhancement, virtual twilight, or similar alterations.
When SkyHaus represents media as MLS-ready, SkyHaus will use reasonable efforts to prepare that media consistently with the known rules applicable to SkyHaus’s normal service area at the time of delivery. Because MLS, brokerage, portal, publication, and platform rules can change or vary, the Client remains responsible for confirming the requirements of the specific destination where the media will be submitted. SkyHaus may organize or label materially altered media to help distinguish restricted or disclosure-sensitive versions, but does not guarantee acceptance by every platform.
SkyHaus may decline a requested edit that it reasonably believes would be deceptive, unsafe, unlawful, materially misrepresent a permanent feature or condition, obscure a required disclosure, or conflict with applicable service/platform rules.
Floor Plans & Measurement Disclaimers
Floor plans are visual marketing aids and contain approximate dimensions, room labels, and/or area information. They are not surveys, appraisals, architectural or engineering drawings, code-compliance documents, or guaranteed square-footage certifications.
Clients and downstream users should independently verify measurements or square footage before relying on them for legal descriptions, valuation, construction, furniture fit, financing, leasing, or another material decision.
Boundary Overlays, Client-Supplied Data & Graphics
Boundary overlays are approximate visual marketing aids based on information available to SkyHaus or supplied by the Client. They are not legal surveys and do not establish or guarantee exact property boundaries.
If the Client supplies a survey, parcel information, logo, floor plan, music, photograph, graphic, or other material, the Client represents that it has the right to provide and authorize SkyHaus to use that material for the project and that factual information supplied for the project is accurate to the Client’s knowledge.
Video, Branding, People, Music & Construction Progress Services
If the Client asks an agent, owner, employee, contractor, or other person to appear in commissioned media, the Client is responsible for obtaining that person’s cooperation and permission for participation in the commissioned project. If a minor is intentionally featured, the Client is responsible for obtaining permission from the minor’s parent or legal guardian. SkyHaus will obtain separate permission before prominently using an identifiable person from a client project in SkyHaus’s own marketing.
Where MLS or platform rules require an unbranded version, branded or agent-on-camera media should be treated separately from MLS-safe/unbranded media. The Client remains responsible for choosing the appropriate version for the intended platform.
Any licensed music included in a completed video is licensed as part of the completed deliverable. The Client does not receive a standalone right to extract, redistribute, sell, or separately relicense the music.
Construction progress services document visible conditions captured at the time of the visit. They are not a licensed inspection, engineering evaluation, legal survey, code-compliance review, safety audit, certification of work, verification of contractor performance, approval of a payment/draw, or substitute for professional project controls. Unless expressly included in an SOW, ordinary construction photography/drone documentation also does not provide survey-grade mapping, volumetric calculations, staking, measurements, or photogrammetric engineering products.
For construction sites, the Client or project representative is responsible for site authorization, access, site contacts, communicated PPE requirements, site rules, known site-specific hazards, restricted/confidential areas, and any required orientation. SkyHaus remains responsible for its own personnel and operational decisions and may decline access to unsafe areas or any drone/field operation that cannot be performed safely or lawfully.
When recurring progress views are requested, SkyHaus will use reasonable efforts to reproduce useful comparison viewpoints, but active construction, access, safety, equipment, or site changes may prevent exact repetition of a prior camera or drone position.
Recurring or custom construction engagements will normally use an SOW identifying the site, cadence, price, expected coverage, priority areas, intended use, delivery timeline, access/safety requirements, and any project-specific archive, payment, or confidentiality terms.
Service Communications, Calls, Recording & Privacy
SkyHaus may communicate about an Order using the contact information the Client provides, including service-related email, phone, and text communications where permitted by law. Marketing/promotional consent is separate from acceptance of this Agreement and is handled through the applicable opt-in process.
Calls with SkyHaus may be recorded and transcribed after appropriate notice and may be processed with automated or AI-assisted systems for inquiry handling, service, documentation, quality assurance, and operational improvement.
Personal information is handled under the SkyHaus Privacy Policy. The Privacy Policy addresses data collection, service providers, analytics, communications, retention, security, and applicable privacy choices.
Contractors, Editors & Service Providers
SkyHaus may use qualified employees, independent contractors, photographers, pilots, editors, processors, hosting/delivery providers, AI-enabled tools, and other vendors to perform or support services. Use of such providers does not expand the Client’s rights in Working Files or third-party proprietary tools.
Third-Party Platforms & External Services
Booking, payment, communication, mapping, airspace, editing, floor-plan, gallery, storage, analytics, or other parts of the workflow may depend on third-party systems. SkyHaus will use reasonable efforts to work through service disruptions, but does not guarantee uninterrupted availability of third-party platforms.
No Guarantee of Marketing, Transaction or Platform Results
SkyHaus provides media and documentation services. SkyHaus does not guarantee that media will cause a Property to sell, lease, receive offers, generate leads, obtain a particular appraisal or valuation, achieve social-media performance, satisfy a buyer/lender/insurer, or be accepted by every MLS, publication, portal, or other platform.
Loss of Media, Force Majeure & Opportunity to Cure
If Final Media is lost, corrupted, destroyed, or cannot be delivered because of an equipment, storage, processing, or similar failure, the Client agrees to give SkyHaus a reasonable opportunity to correct the problem through recovery, re-editing, replacement capture, or another reasonable remedy when practical.
SkyHaus is not responsible for delay or nonperformance caused by events beyond its reasonable control, including severe weather, unsafe conditions, airspace restrictions, government actions, emergencies, major technology or utility outages, illness, site shutdowns, or comparable events. SkyHaus will use reasonable efforts to communicate and reschedule or adjust the affected service. If an affected paid service ultimately cannot be performed within a reasonable period, SkyHaus may issue an appropriate adjustment, credit, or refund for the undelivered affected portion.
Limitation of Liability
To the maximum extent permitted by applicable law, SkyHaus’s aggregate liability arising from a particular Order will not exceed the total amount the Client paid or is obligated to pay SkyHaus for that Order.
To the maximum extent permitted by law, SkyHaus is not liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost commissions, lost profits, listing delays, lost opportunities, or similar downstream business losses arising from the services.
These limitations do not apply to liability that cannot lawfully be limited or excluded. Nothing in this Agreement is intended to waive rights or remedies that cannot be waived under applicable law, including any non-waivable rights that may apply under the Texas Deceptive Trade Practices-Consumer Protection Act.
Governing Law, Informal Resolution & Legal Rights
This Agreement is governed by the laws of the State of Texas, without regard to conflict-of-law principles. When practical, the parties will first make a good-faith effort to resolve a dispute directly before filing a legal claim.
To the extent a venue provision may lawfully be agreed by the parties, the parties consent to an appropriate court in Bexar County, Texas. This sentence does not waive any venue, consumer, or other right that cannot legally be waived.
Nothing in this Agreement restricts a Client from providing an honest review or exercising another right protected by applicable law.
Entire Agreement, Severability, Waiver, Updates & Contact
For a particular Order, this Agreement together with the Order, any applicable SOW, and any written project-specific change accepted by SkyHaus constitutes the agreement regarding the services. The SkyHaus Travel Policy in effect for the Order is incorporated only to determine applicable travel rules and charges.
If a provision of this Agreement is held unenforceable, the remaining provisions remain in effect to the extent permitted by law. A party’s failure to enforce a provision on one occasion does not waive the right to enforce it later.
SkyHaus may update this Agreement for future Orders. The version presented and accepted for a particular Order applies to that Order unless the parties later agree in writing to a change. A later website update does not retroactively rewrite an already accepted Order. SkyHaus will maintain a record of the applicable agreement version and will make the accepted/current version reasonably available electronically.
Questions, notices, portfolio opt-outs, or service concerns may be sent through the contact methods published by SkyHaus, including its website contact methods, or using the following business information:
- SkyHaus Aerials LLC
- 13423 Blanco Rd Unit #3291, San Antonio, Texas 78216
- Phone: (210) 972-5244
- Website: skyhausaerials.com