Terms of Use

1. Welcome

These Terms of Use ("Terms") apply when you book a session, place an order, or use any of the services, websites, or platforms operated by Marcott Enterprises, LLC, doing business as Marcott Studios ("we," "us," or "our"), including marcottstudios.com and emarcott.com.

If you are booking on behalf of a business or brokerage, you confirm that you have the authority to accept these Terms on its behalf.

2. What We Do

Marcott Studios provides professional photography, videography, aerial drone photography and video, twilight photography, 3D Matterport virtual tours, floorplans, virtual staging, and related media production services. The scope, deliverables, and pricing for each engagement are confirmed at the time of booking through our ordering platform or by written agreement.

3. Copyright and Ownership

All photographs, videos, virtual tours, floorplans, and other media we produce remain the intellectual property of Marcott Studios. Copyright vests in us upon creation in accordance with the United States Copyright Act (17 U.S.C. § 101 et seq.).

Purchasing our services does not transfer ownership or assign copyright. Instead, you receive a license to use the work as described below. All rights not expressly granted are reserved.

4. How You Can Use Our Work

Once payment is received in full, we grant you a non-exclusive, non-transferable license to use the delivered media for:

• MLS postings for the specific property photographed
• Print and digital marketing materials (flyers, brochures, mailers) for that property
• Website and social media use in connection with marketing that property
• Your personal portfolio as the ordering agent or broker

This license is tied to you and the specific property. It does not cover:

• Resale, sublicensing, or redistribution to third parties
• Use by anyone other than the original client without our written consent
• Stock photography, editorial, or advertising use unrelated to the property listing
• Modification or creation of derivative works without prior written approval
• Removal of embedded metadata, watermarks, or copyright notices

Need broader or commercial usage rights? Just reach out — we're happy to put together a custom licensing arrangement.

5. Credit

We appreciate a photo credit when it's practical — "Marcott Studios" or "Photo by Marcott Studios" is perfect. For editorial, press, or publication use, attribution is required.

6. Payment

Payment is due at the time of booking unless we've agreed otherwise in writing. Deliverables are released once payment is received in full. The price quoted at the time of booking is the price that applies to that order.

7. Scheduling and Cancellations

Sessions are scheduled on a first-come, first-served basis. If you need to cancel or reschedule, please let us know at least 24 hours in advance. Late cancellations (under 24 hours) may incur a fee of up to 50% of the booking total.

Sometimes weather, FAA airspace restrictions, or equipment issues are beyond our control. If we need to reschedule for any of these reasons, we'll work with you to find the next available time at no extra cost.

8. Delivery and File Storage

We typically deliver final media within 24–48 hours of the session, depending on scope. Rush delivery may be available for an additional fee.

Files are delivered through our platform (emarcott.com) or another secure method and remain available for download for a minimum of 12 months. After that, files may be removed. Please download and back up your files — re-delivery of archived files may be subject to a retrieval fee.

9. Property Preparation

Please make sure the property is accessible and ready for the session — lights working, spaces clean and staged as you'd like them, and any access codes or keys provided in advance.

We photograph properties as we find them. If a property isn't reasonably prepared and the session needs to be rescheduled, a rescheduling fee may apply.

10. Drone and Aerial Operations

All drone flights are conducted by FAA-certified remote pilots under 14 CFR Part 107 and all applicable regulations. Aerial work is subject to weather, airspace restrictions, and FAA rules.

If conditions prevent safe drone operations at the scheduled time, we'll reschedule the aerial portion at no additional cost.

11. Virtual Staging Disclosure

If your order includes virtual staging, please be aware that virtually staged images must be disclosed as such in MLS listings and marketing materials per NAR and MLS guidelines. You are responsible for ensuring proper disclosure when using virtually staged content.

12. Property Releases and Portfolio Use

By booking with us, you confirm that you have the authority to grant access to the property and to authorize photography and publication of the resulting media. You agree to hold Marcott Studios harmless against any claims related to the use of the delivered media in connection with the property listing.

We may use delivered media in our portfolio, website, social media, and marketing materials. If you'd prefer that we don't, just let us know in writing at the time of booking or within 14 days of delivery and we'll honor your request.

13. Liability

Our total liability for any order is limited to the amount you paid for that order. We are not liable for indirect, incidental, or consequential damages, including lost profits or lost sales.

We are also not responsible for delays caused by circumstances beyond our reasonable control, such as weather, equipment failure, illness, government action, or FAA restrictions.

14. Copyright Enforcement

Unauthorized use, reproduction, or distribution of our media constitutes copyright infringement. We actively monitor the use of our work and reserve the right to pursue legal remedies, including injunctive relief and statutory damages under 17 U.S.C. § 504.

If you spot unauthorized use of Marcott Studios media, we'd appreciate a heads-up.

15. Website Content

All content on marcottstudios.com and emarcott.com — including text, images, graphics, logos, and software — is our property or that of our licensors, protected by U.S. and international intellectual property laws. Please don't copy, reproduce, or create derivative works from our site content without written permission.

16. Governing Law

These Terms are governed by the laws of the State of Connecticut. Any disputes will be resolved in the state or federal courts located in Connecticut.

17. Changes to These Terms

We may update these Terms from time to time. Changes take effect when posted to this page, and the date at the top will reflect the latest revision. Continued use of our services after an update means you accept the revised Terms.

If any part of these Terms is found to be unenforceable, the rest remains in full effect.

18. Get in Touch

Questions about these Terms, licensing, or copyright? We're here to help:

Marcott Studios
Phone: 1-800-514-4413
Email: sales@marcottstudios.com