PUBLIC OFFER AGREEMENT
(Terms of Service for Real Estate Media Services)
Dream House Photography Studio (dreamhousephoto.ca)
Effective Date: August 3, 2026
Last Updated: August 3, 2026
1. General Provisions
This Public Offer Agreement (the "Agreement", "Offer") is published at https://www.dreamhousephoto.ca and constitutes an official public offer by 11671723 Canada Inc., registered at 195 Altamira Road, Richmond Hill, ON, Canada, operating under the trade name "Dream House Photography Studio" ("the Company", "we", "us", "our"), to any individual or legal entity ("the Client", "you") to enter into a contract for the provision of real estate media services under the terms set out below.
This Agreement is governed by the applicable laws of the Province of Ontario and the laws of Canada applicable therein.
This document is a public offer within the meaning of an invitation to treat/offer to contract. Submitting a booking request through our order form, website, email, or phone, and/or making payment for Services, constitutes full and unconditional acceptance ("Acceptance") of this Agreement by the Client.
2. Subject of the Agreement
The Company agrees to provide, and the Client agrees to accept and pay for, real estate media production services, which may include, but are not limited to, the following, as selected by the Client at the time of booking:
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Real estate photography (interior and exterior, multi-flash/HDR photography)
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Airbnb / short-term rental photography
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4K real estate video tours
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3D Matterport virtual tours
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Drone (aerial) photography and videography
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Twilight photography
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Floor plans
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Virtual staging
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Headshots
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Other services as listed on the Website's Services and Price pages, or as otherwise agreed in writing (as confirmed in writing or via invoice)
The specific scope, package, and price of Services are determined by the Client's selection at the time of booking, in accordance with the pricing published on the Website (dreamhousephoto.ca/price) or as otherwise confirmed in writing, including any applicable travel fee (dreamhousephoto.ca/travelfee).
3. Order Placement and Acceptance
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The Client places an order via the online booking/order form, by email, or by phone.
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A booking is confirmed once the Company has acknowledged the requested date, time, property address, and selected Services.
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By placing an order, the Client confirms they have the legal right and/or authorization (e.g., as property owner, listing agent, or broker) to arrange for media production at the specified property.
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Full acceptance of this Agreement occurs upon booking confirmation and/or payment, whichever occurs first, unless otherwise agreed in writing.
4. Price and Payment
Prices for Services are as published on the Website at dreamhousephoto.ca/price, or as otherwise quoted to the Client in writing. All prices are in Canadian Dollars (CAD) unless stated otherwise, and are exclusive of applicable taxes (HST) as indicated at checkout or on the invoice (taxes will be added at checkout).
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Payment methods accepted: e-transfer, direct deposit, cheque or cash.
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Payment terms: payment is due prior to the delivery of final materials.
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A travel fee may apply for properties located outside the standard service area, as published at dreamhousephoto.ca/travelfee.
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Late payment may result in delayed access to downloadable files.
5. Delivery of Services and Materials
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The Company will use commercially reasonable efforts to deliver finished photos, videos, 3D tours, and/or floor plans within 24 hours (next business day) of the completed shoot, as advertised on the Website, unless a different timeline is agreed for a specific order.
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Delivery is made electronically via a download link, online gallery, or other digital delivery method.
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Delivery timelines may be affected by weather conditions, property access issues, power or internet outages, third-party service disruptions (including hosting, delivery platforms, or processing software outages and maintenance), or other factors beyond the Company's reasonable control.
6. Client Obligations
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Ensure the property is prepared, clean, and staged appropriately prior to the scheduled shoot (see our Pre-Shoot Checklist at dreamhousephoto.ca/pre-shoot-checklist). The Company’s media specialists are not responsible for cleaning, moving furniture, or staging the property. The property will be shot 'as is' upon the specialist’s arrival. The Company accepts no liability for defects, clutter, or poor presentation resulting from the property not being prepared.
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Provide accurate property address, access instructions, and any relevant safety information.
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Ensure the Company's photographer/videographer/drone operator has safe and lawful access to the property at the scheduled time.
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Obtain any necessary third-party consents (e.g., from tenants, occupants, homeowners' associations, or aviation authorities for drone flights) prior to the shoot, where applicable.
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Notify the Company of any rescheduling or cancellation at least 24 hours in advance of the scheduled appointment.
7. Cancellation and Rescheduling
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Cancellations or rescheduling requests made with less than 24 hours’ notice may be subject to a cancellation/rescheduling fee of $50 plus applicable taxes (HST).
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The Company reserves the right to reschedule shoots due to unsafe weather conditions (particularly for drone photography/video), access issues, or circumstances beyond its reasonable control, without penalty to either party.
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No-shows or inaccessible properties at the time of the scheduled appointment may be subject to a fee of $50 plus applicable taxes (HST), as well as any applicable travel fee.
8. Intellectual Property and License to Use Materials
Unless otherwise agreed in writing, all photographs, videos, 3D tours, floor plans, and other media created by the Company ("the Materials") remain the intellectual property of the Company.
Upon full payment, the Client is granted a non-exclusive, non-transferable, revocable license to use the Materials solely for the purpose of marketing and advertising the specific property for which the Materials were created (e.g., MLS listings, brokerage websites, social media, print marketing), for the duration of its active listing, or up to 1 (one) year from delivery, whichever occurs first. This license is strictly contingent upon full payment. Any chargeback, reversed payment, or non-payment shall result in the immediate and automatic revocation of this license without prior notice, and any continued use of the Materials thereafter shall constitute a direct copyright infringement.
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The Client may not resell, sublicense, or use the Materials for any property other than the one photographed without the Company's prior written consent.
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The Company reserves the right to use the Materials for its own portfolio, marketing, and promotional purposes (including social media and website), unless the Client opts out in writing at the time of booking.
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Any request for extended, exclusive, or full copyright transfer of the Materials must be agreed separately in writing and will incur an additional fee.
9. Limitation of Liability
The Company will perform Services with reasonable skill and care consistent with industry standards. However, to the maximum extent permitted by applicable law:
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The Company's total liability arising out of or in connection with any order shall not exceed the amount paid by the Client for that specific order.
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The Company is not liable for indirect, incidental, special, or consequential damages, including loss of sale opportunities, arising from delays, technical issues, or weather-related rescheduling.
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The Company is not responsible for the condition, staging, or contents of the property, or for any pre-existing damage or defects captured in the Materials.
10. Force Majeure
Neither party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including but not limited to severe weather, natural disasters, government restrictions, power or internet outages, or other events of force majeure.
11. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party in connection with an order, except as required to perform the Services or as required by law.
12. Refund Policy
Given the custom and time-sensitive nature of real estate media production, fees paid for Services already rendered are generally non-refundable. Refunds, if any, will be assessed on a case-by-case basis in accordance with the Company’s sole discretion.
13. Dispute Resolution and Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising out of or in connection with this Agreement shall first be attempted to be resolved through good-faith negotiation, and, failing that, shall be subject to the exclusive jurisdiction of the courts located in the Regional Municipality of York, Ontario.
In the event of any legal action, arbitration, or proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable legal fees, court costs, and collection expenses incurred in enforcing its rights under this Agreement.
14. Amendments to the Offer
The Company reserves the right to amend this Agreement at any time by posting an updated version on the Website. Amendments will not apply retroactively to orders confirmed prior to the update. Continued use of the Company's Services after the posting of amendments constitutes acceptance of the amended Agreement.
15. Term and Termination
This Agreement remains in effect for the duration of the business relationship between the Client and the Company and applies to each order placed by the Client. Either party may terminate an individual order in accordance with the cancellation terms set out in Section 7.
16. Company Details and Contact Information
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Legal business name: 11671723 Canada Inc.
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Trading as: Dream House Photography Studio
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Registered/business address: 195 Altamira Road, Richmond Hill, ON L4C4C6
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Service area: Toronto and the Greater Toronto Area (GTA), Ontario, Canada. Travel outside the GTA available upon request.
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Email: dreamhousephoto.ca@gmail.com
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Phone: 647 540 5505
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Office hours: Monday–Friday 10:00 am – 5:00 pm.
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Website: https://www.dreamhousephoto.ca