Terms of Service

1. Acceptance of Terms

By engaging Baywater Media for any photography or videography services, you (the "Client") agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between the Client and Baywater Media.

2. Services

Baywater Media agrees to provide digital media services, including real estate photography and videography, as outlined in the agreed-upon project scope or invoice. All media will be delivered in digital format only. Physical prints or copies are not included unless explicitly agreed upon in writing.

3. Digital Media Delivery

All final digital media will be delivered to the Client via a secure online gallery or file-sharing service. The Client will be provided with a link to download the media. Baywater Media is not responsible for any technical issues on the Client's end that prevent the download of the files.

4. Licensing and Usage Rights

Upon full payment, Baywater Media grants the Client a non-exclusive, non-transferable license to use the delivered digital media for marketing and promotional purposes related to the specific real estate property for which the media was created. This license is limited to the duration the property is listed for sale or rent. The license is granted to the individual or company who paid for the services and is not transferable to a new owner or listing agent.

5. Copyright

Baywater Media retains all copyrights to the digital media created. Unauthorized use, reproduction, or distribution of the media, including but not limited to selling or transferring the media to a third party without a separate written agreement, is strictly prohibited.

6. Payment

Payment for services is due as specified in the invoice. Baywater Media reserves the right to withhold delivery of all digital media until full payment is received. Late payments may be subject to a late fee.

7. Cancellation and Rescheduling

Cancellations or rescheduling requests must be made in writing at least 24 hours prior to the scheduled shoot. Failure to provide sufficient notice may result in a cancellation fee.

8. Liability

Baywater Media will not be held liable for any damages, direct or indirect, arising from the use or inability to use the digital media, including but not limited to loss of data, property damage, or lost profits. The Client agrees to indemnify and hold harmless Baywater Media from any claims or liabilities.

9. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes arising from these terms will be resolved in the courts of Florida.

10. Amendments

Baywater Media reserves the right to amend these Terms of Service at any time. The most current version will be available on the Baywater Media website. Continued use of services after any such changes shall constitute your consent to such changes.

By engaging our services, you acknowledge that you have read, understood, and agree to these Terms of Service.