Maine Line Media – Terms and Conditions of Service
Effective Date: November 22, 2025
These Terms and Conditions (“Terms”) govern the provision of all marketing, media, design, print, and consultation services (“Services”) provided by Maine Line Media (“MLM,” “We,” “Us,” or “Our”) to the client (“Client,” “You,” or “Your”). By engaging MLM for Services, you agree to be bound by these Terms.
1. Scope of Services and Agreements
1.1 Service Agreement: The specific details of the Services (including pricing, scope, deliverables, and timelines) will be defined in a separate written Estimate, Proposal, or Service Agreement (the “Agreement”). In the event of any conflict between these Terms and the Agreement, the terms of the Agreement shall prevail.
1.2 Client Responsibilities: The Client agrees to provide timely access, accurate information, and prompt feedback necessary for MLM to complete the Services. Delays caused by the Client may result in timeline extensions or additional fees.
2. Media Ownership and Usage Rights
This section is crucial for defining how the photographs, videos, and design files may be used.
2.1 Copyright Ownership (Photographs and Video): MLM retains the exclusive copyright ownership of all visual media created (including photographs, video footage, drone assets, and 3D scans) unless otherwise expressly agreed upon in the Agreement.
2.2 Real Estate Licensing (Standard): For standard real estate listing services (MLS photos, listing videos):
MLM grants the Client (the individual agent) a non-exclusive, non-transferable, non-sublicensable license to use the final visual media for the sole purpose of marketing the specific property until the property is sold, leased, or the listing expires.
This license is granted only to the original Client and is not transferable to a new agent or brokerage.
Once the property is sold or the listing expires, the license terminates, except that the Client may continue to use the media for their personal self-promotion (e.g., in a “Sold Portfolio” section).
2.3 Commercial Licensing (Business/Brand): For commercial projects (headshots, business photography, brand videos):
MLM grants the Client a non-exclusive, perpetual, worldwide license to use the final visual media for the Client’s own promotional, marketing, and operational purposes (website, social media, print advertising).
The Client may not resell the media to a third party (e.g., a stock photography company).
2.4 Design and Branding Files: Ownership of final design files (logos, print collateral designs) is transferred to the Client upon full payment of the final invoice.
3. Financial Terms and Payment
3.1 Pricing: All fees are listed in the Proposal and are exclusive of applicable taxes.
3.2 Deposits and Retainers: A non-refundable deposit or retainer fee, typically 50% of the estimated total, is required to secure the booking and commence work, unless otherwise specified in the Agreement.
3.3 Payment Terms: Unless otherwise specified, the final balance is due within 7 calendar days of the delivery of the final deliverables (media files, design proofs, or website launch).
3.4 Late Payment: Invoices unpaid after the due date may be subject to a late fee of 1.5% per month (or the maximum permitted by law). Work will cease on all active projects until the overdue balance is settled.
4. Cancellation, Rescheduling, and Refunds
4.1 Cancellation by Client: If the Client cancels Services after the Agreement has been signed, the initial deposit is non-refundable.
4.2 Rescheduling (Real Estate Media): Real estate shoots require at least 24 hours’ written notice to reschedule without penalty. Rescheduling with less than 24 hours’ notice may result in a rescheduling fee equal to 50% of the Services fee.
4.3 Refunds: Due to the custom nature of our creative services, refunds are not provided once work has commenced or deliverables have been rendered. If the Client is dissatisfied with the quality of the deliverables, MLM will make reasonable efforts to rectify the work (e.g., additional editing, re-shoot at a discounted rate) as outlined in the Agreement.
5. Limitation of Liability
5.1 Indemnification: The Client agrees to indemnify, defend, and hold harmless MLM from any and all claims, damages, liabilities, and expenses arising from the Client’s use of the Services or deliverables, or any breach of these Terms.
5.2 Financial Liability: MLM’s liability for any claim arising from these Services, including negligence or breach of contract, shall not exceed the total amount paid by the Client to MLM for the specific Services in question. MLM is not liable for indirect, incidental, special, or consequential damages (including lost profits or business interruption).
6. General Provisions
6.1 Governing Law: These Terms and any related Agreement shall be governed by and construed in accordance with the laws of the State of Maine, without regard to its conflict of law principles.
6.2 Entire Agreement: These Terms, together with any executed Proposal or Service Agreement, constitute the entire agreement between the parties concerning the subject matter herein.
6.3 Dispute Resolution: Any disputes arising under these Terms shall first be attempted to be resolved through good faith negotiation. If unsuccessful, the parties agree to pursue binding arbitration in [County in Maine, e.g., Cumberland County] before pursuing litigation.