Terms of service.

Terms and Conditions for Captures That Close Real Estate Photography and Videography Services

These Terms and Conditions (the "Agreement") govern the services provided by Captures That Close, a Florida-based real estate photography and videography company (hereinafter referred to as "the Company," "we," "us," or "our"). By booking a session with us, you (the "Client") agree to be bound by these Terms and Conditions.

1. Services Provided

Captures That Close offer a range of real estate photography, videography, and associated services, including, but not limited to, high-quality listing photos, video walkthroughs, drone photography, and other related media services (collectively referred to as "Services").

2. Booking and Scheduling

  • Reservation: A session is confirmed when the Company sends a confirmation to the request from the client for a shoot. The confirmation will include date, time, and services being performed.

  • Scheduling: The Company will coordinate with the Client to determine a mutually agreed-upon date and time for the session. It is the Client’s responsibility to ensure the property is prepared and ready for the shoot at the scheduled time.

  • Cancellations/Rescheduling: Cancellations or rescheduling requests must be made at least 24 hours in advance. A 50% cancellation fee will apply if the session is canceled within 24 hours of the scheduled time. Clients are allowed to reschedule at no extra charge if done with sufficient notice (24 hours in advance).

  • No-Show Policy: If the Client is not present or the property is unprepared at the scheduled shoot time, the session may be canceled, and a 100% fee will be charged.

3. Payment Terms

  • Payment Methods: The Client agrees to pay the total cost of Services rendered via credit card, bank transfer, or other agreed-upon methods.

  • Photo Delivery and Payment: The Client’s photos will not be release until full payment for shoot has been delivered. It is recomended that payment in full is made the day the shoot occurs.

4. Deliverables and Timeline

  • Editing and Delivery: The Company will provide edited high-resolution images, videos, and/or other media as applicable within 48 hours after the session. Complex projects such as videos or virtual tours may take longer.

  • Format and Use: Final deliverables will be provided in digital format via an online gallery or file-sharing service. The Company ensures the highest quality of work but cannot guarantee the quality of the media if the Client fails to provide the necessary access or resources.

  • Rights of Use: The Client receives a license to use the delivered images and videos for the specific project (e.g., marketing, MLS listings, social media, etc.). The Client may not resell, alter, or use the media for any other purposes without prior written consent from the Company.

5. Client Responsibilities

  • Property Preparation: The Client is responsible for ensuring the property is clean, well-staged, and ready for the shoot. If the Company deems the property unprepared for the shoot, a rescheduling fee or additional charge may apply.

  • Access to Property: The Client must ensure that the Company has full access to all areas of the property (both interior and exterior) as needed for the session.

  • Safety and Security: The Client must inform the Company of any known hazards or safety concerns related to the property before the session. The Company will not be held liable for any accidents or injuries during the shoot.

6. Copyrights and Ownership

  • Copyright Ownership: The Company retains all copyright and ownership rights to the images, videos, and any other media created during the shoot. The Client is granted a non-exclusive, non-transferable license to use the media for the purposes outlined in this Agreement.

  • Usage Rights: The Client is permitted to use the media for promotional, advertising, and sales purposes, including websites, social media, print materials, and MLS listings. Any other use, including resale or sublicensing, requires written consent from the Company.

7. Model Releases

If the session involves the use of people or identifiable property (e.g., individuals, pets, signage, or artwork), the Client is responsible for obtaining the necessary model or property releases. The Client agrees to indemnify and hold the Company harmless for any legal claims or damages arising from the failure to secure such releases.

8. Limitation of Liability

  • Damages: The Company is not responsible for any damages to property, loss of data, or loss of potential sales arising from the use of the media provided. Our liability is limited to the total amount paid for the services rendered.

  • Force Majeure: The Company will not be held liable for delays, cancellations, or failure to perform caused by circumstances beyond its reasonable control, including but not limited to natural disasters, power outages, or unforeseen events.

9. Confidentiality

Both parties agree to keep the terms of this Agreement and any sensitive information about the other party confidential. The Company will not share the Client's personal information with third parties without explicit consent, except as necessary to fulfill the Services.

10. Indemnification

The Client agrees to indemnify and hold the Company harmless from any and all claims, damages, liabilities, or expenses arising from the Client's use of the media, the property, or any other related actions.

11. Dispute Resolution

In the event of a dispute, both parties agree to first attempt to resolve the matter amicably through informal communication. If a resolution is not reached, the dispute shall be resolved through mediation or, if necessary, arbitration in the State of Florida.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any legal action arising from this Agreement must be filed in a court of competent jurisdiction located in [County], Florida.

13. Amendments

These Terms and Conditions may be amended by the Company at any time. Any changes will be communicated to the Client via email or through the Company’s website, and continued use of our Services constitutes acceptance of the updated terms.

14. Miscellaneous

  • Entire Agreement: This Agreement constitutes the entire understanding between the Client and the Company, superseding any previous agreements or understandings.

  • Severability: If any part of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.