Ellis Creek Photography
Book

Legal

Terms of Service

Last updated: June 4, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of elliscreekphotography.com, our online booking system, and any photography or video services we provide (collectively, the "Service"), operated by Ellis Creek Photography LLC ("Company," "we," "us," or "our"), a limited liability company organized under the laws of the State of South Carolina.

By booking a session, requesting a quote, or otherwise using the Service, you ("Client" or "you") agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Description of Service

Ellis Creek Photography is a professional photography firm specializing in:

  • Architectural and interior photography for architects, designers, and builders;
  • Healthcare, multifamily, and commercial photography;
  • Construction documentation and progress photography;
  • Listing photography for real estate professionals;
  • Vacation rental and short-term rental property photography;
  • CineFlow cinematic video for residential and commercial spaces;
  • Aerial drone photography and video;
  • Matterport and Zillow 3D virtual tours; and
  • Related photographic and post-production services.

Listing and rental property photography are bookable directly through our online booking system. Architectural, commercial, healthcare, construction documentation, and CineFlow projects are quoted individually based on the scope of work and the intended use of the resulting images.

3. Booking, Confirmation, and Account Security

When you book a session through our online system, you agree to provide accurate, current, and complete information about yourself, the property, and any licensee. Bookings are confirmed once an automated confirmation email has been issued. If you create an account to manage your bookings or invoices, you are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use.

4. Photography Services and Intellectual Property

4.1 Copyright Ownership

All photographs, videos, virtual tours, and other works created by us in the course of providing the Service (collectively, "Works") are protected by copyright under the laws of the United States. We retain full ownership of the copyright in all Works unless a separate written agreement signed by us expressly transfers copyright. Payment of our fees grants you a license to use the Works as described in Section 4.2, but does not transfer copyright.

4.2 License Grants

Each booking or project produces a license tailored to the type of work. Unless modified by a written project agreement or invoice, the default license grants are:

  • Real estate listing photography: a non-exclusive license to the listing brokerage and listing agent to market the specific property until the listing closes or expires, including use on the Multiple Listing Service (MLS), brokerage websites, third-party listing aggregators, social media, and printed listing collateral. License is limited to the marketing of that specific listing.
  • Vacation and short-term rental photography: a non-exclusive, perpetual license to the property owner and authorized property manager to market the specific rental property across all rental and booking platforms (including but not limited to Airbnb, VRBO, HomeAway, and the property manager's own platform), social media, and printed collateral. License is limited to marketing of that specific rental property and is non-transferable if the property changes ownership or management.
  • Architectural, commercial, healthcare, multifamily, and construction documentation photography: a non-exclusive license for the commissioning party's portfolio, marketing, website, social media, and award-submission use. Press, advertising, and third-party uses (including use by other firms involved in the project) require an additional license, which is typically scoped on the project invoice or in a separate license agreement.
  • CineFlow video: licensed under the same terms as the still photography produced for the same booking or project.

Any use outside the scope of the granted license is a violation of these Terms and an infringement of our copyright. Common examples of out-of-scope use include, without limitation: licensing or distributing images to third parties not named on the original invoice; using images to market a separate property or development; resale of images; modification of images that materially alters their content beyond cropping for layout purposes; and removal of any embedded watermarks, metadata, or copyright notices.

4.3 Model and Property Releases

You represent and warrant that you have the right to authorize photography of the property at the agreed-upon address, and that you have obtained any necessary permissions from co-owners, lessors, lessees, or other parties with an interest in the property. We are not responsible for obtaining model releases from individuals incidentally captured in or around the property.

4.4 Portfolio and Promotional Use

We reserve the right to display the Works in our portfolio, on our website, on social media, and in submissions for industry awards or publication. If you wish to restrict such use, please notify us before the session in writing.

5. Scheduling, Rescheduling, and Cancellation

Sessions are scheduled into available time slots on our calendar. To reschedule or cancel:

  • Cancellations or reschedules requested more than 48 hours before the scheduled start time may be made without penalty.
  • Cancellations or reschedules requested within 48 hours of the scheduled start time may incur a cancellation fee, at our discretion, of up to the full session fee.
  • If we are unable to perform the session due to weather conditions that would compromise the quality of the imagery (in our reasonable judgment), we will offer to reschedule the session without penalty.
  • If we are unable to perform the session due to circumstances within our control, we will reschedule promptly or refund any fees paid for that session.

6. Payments and Invoicing

Invoices for sessions, projects, and supplemental services are processed through QuickBooks Payments, a third-party payment processor operated by Intuit Inc. By making a payment, you also agree to Intuit's terms of service and privacy practices.

  • Invoices are due upon receipt unless otherwise specified.
  • Image licenses for commercial and architectural projects are activated upon payment in full of the corresponding invoice. Use of the images prior to payment in full is not authorized under the license.
  • We do not store credit card numbers or bank account details on our servers. All payment information is transmitted directly to and processed by QuickBooks Payments.
  • In the event of a billing dispute, please contact us directly using the contact information in Section 14 before initiating a chargeback.

7. Image Delivery

Edited deliveries are typically provided through our sister photo delivery platform, Capture (mycapturephotos.com), also operated by Ellis Creek Photography LLC. We use commercially reasonable efforts to maintain the availability of your client gallery for a reasonable period following delivery, but we do not guarantee indefinite storage. We recommend downloading all desired Works promptly upon receiving gallery access.

8. Acceptable Use

You agree not to:

  • Share booking or invoice access credentials with unauthorized parties.
  • Use, license, distribute, modify, or sublicense the Works outside the scope of the license granted in Section 4.2.
  • Remove, alter, or obscure any watermarks, metadata, copyright notices, or attribution embedded in the Works.
  • Use the Service for any unlawful purpose, or to harass, defame, or infringe the rights of any third party.
  • Interfere with the operation or security of the Service, or use automated tools to scrape or access content other than as expressly permitted.

9. Third-Party Services

The Service integrates with third-party providers to deliver its functionality, including but not limited to:

  • Amazon Web Services (AWS) for hosting and image storage;
  • QuickBooks Online and QuickBooks Payments (Intuit Inc.) for invoicing and payment processing;
  • Brevo for transactional email delivery;
  • Google Maps Platform for address autocomplete and Google Calendar for scheduling synchronization; and
  • Capture (mycapturephotos.com), our sister photo delivery platform.

Your use of these third-party services is subject to their respective terms and privacy policies.

10. Limitation of Liability

To the maximum extent permitted by applicable law, the Company and its members, officers, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, business opportunities, or data, whether arising in contract, tort, strict liability, or otherwise, arising from your use of the Service. Our total aggregate liability for any and all claims arising from or relating to the Service shall not exceed the amount paid by you to the Company in the twelve (12) months preceding the claim.

11. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its members, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any rights of a third party (including any license or property rights), or (d) any inaccuracy in the information you provide to us.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict-of-laws principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Charleston County, South Carolina, and you consent to the personal jurisdiction and venue of those courts.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via the email address associated with your account or via a notice on the Service. The "Last updated" date at the top of this page indicates when the Terms were most recently revised. Continued use of the Service after the effective date of any modification constitutes acceptance of the modified Terms.

15. Severability and Entire Agreement

If any provision of these Terms is held unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect. These Terms, together with any project-specific written agreement or license, constitute the entire agreement between you and the Company regarding the Service.

16. Contact Information

Ellis Creek Photography LLC
2 Live Oak Ave
Charleston, SC 29407
Email: josh@elliscreekphotography.com
Phone: (843) 732-6111