Terms of Service
TERMS OF SERVICE
At FlytFotoCreativ, we believe in clarity and transparency and want to ensure proper expectations and understanding are set from the beginning with our Clients. By ordering services from FlytFotoCreativ, the Client agrees to the following Service Agreement for all photography and videography needs. The Client also acknowledges that they have read our pricing and descriptions for each service prior to booking with us. These guidelines have been established to ensure an efficient and smooth service is completed by us as FlytFotoCreativ and received by you as the Client.
APPOINTMENTS FOR FILMING:
In order for the requested appointments to have the absolute best results, we ask that the property be fully ready prior to the scheduled appointment.
By confirming your appointment, you agree to the readiness expectations and policy: you agree that the home will be ready to photograph and film on the scheduled date and time you have selected. This includes working with the builder and seller to ensure the home is photo and/or video-ready.
Any home that is not photo and/or video ready on the scheduled date and time will result in a $25 rescheduling fee.
For liability purposes, FlytFotoCreativ does not handle any of the prep for the readiness of the property, including but not limited to, cleaning or moving of furniture.
CANCELLATIONS, WEATHER, AND TIME:
By confirming your appointment, you agree to FlytFotoCreativ’s cancellation/reschedule policy: cancellation/reschedule of appointment is allowed up to 24 hours before the appointment.
Any cancellation and/or rescheduling of the appointment within 24 hours of the scheduled appointment will result in a $25 rescheduling fee.
Clients have the discretion whether or not they would like to reschedule the appointment due to the weather, and although we do not charge rescheduling fees due to inclement weather, we are unable to provide drone photography and videography services while it is raining, snowing or if there is moisture present in the air. We also cannot fly during hazardous wind conditions.
We ask that clients wishing to reschedule due to expected weather-related conditions or events do so within 24 hours before the appointment.
Homes or Properties with a significant amount of square footage could require additional time to film or photograph.
Turnaround time for video is typically 2-3 business days or less. Larger properties may require additional time.
Turnaround time for photos is next-day delivery.
REFUNDS:
At FlytFotoCreativ, our services are nonrefundable. We take pride in providing high-quality photography and videography content. If you are unhappy with your deliverable(s), please contact us directly at 918.809.9853.
TRAVEL AND ADDITIONAL SQUARE FOOTAGE COSTS:
FlytFotoCreativ covers a 30-mile radius from our business location in Verdigris, Oklahoma. In the case FlytFotoCreativ is needed to travel beyond 30 miles from our business location, there will be an additional travel fee for any miles traveled (this includes travel to and from the location). This fee covers FlytFotoCreativ’s time and operational costs. See below the travel fee breakdown:
Within a 30 mile radius of our business location = no travel fee
31 - 60 miles outside of our central office location = an additional $50 travel fee
61 - 90 miles outside of our central office location = an additional $100 travel fee
Please contact us for a quote regarding any additional travel mileage outside of 90 miles
Our costs for additional square footage can be found on the PACKAGES & PRICING tab underneath the INFO tab on our website. Please see the breakdown for each package and the square footage ranges. This fee covers FlytFotoCreativ’s time and operational costs on homes or properties with additional square footage.
VIDEO POST-EDITING + ROYALTY-FREE MUSIC:
FlytFotoCreativ’s Real Estate video walk-throughs typically follow a format of wide-angle drone footage followed by a property ground camera walk-through, or a combination of the two. Our Construction and Commercial Videos may also follow similar videography styles depending on the project.
Regardless of the service category, our videos will NOT have music (or other audio) unless the client opts to include a Royalty-Free Music Add-On for the video. Including music in the video provides a much more engaging experience for the viewer as it generally means the video has specifically been edited to the music track. We typically use corporate-type music tracks for our Real Estate and Construction videos. Commercial projects may have more diverse music options depending on the needs of the Client. The tracks are tasteful and compliment the videos very nicely.
NOTE: Due to our royalty-free music subscriptions, and other internet liability concerns, we retain exclusive rights to choose the music tracks for every video we produce. We are not currently able to accept requests from the client. The royalty-free music that we use is “white-listed” and cleared for any copyright claims so that when you upload your video to social media, YouTube, etc you will not get a copyright strike. Using music that isn’t copyright-free can (and will) lead to unwanted legal liability.
We take our work very seriously and will never use music that does not match the subject of the types of videos we create for you. An example: We will not use a music track from the Rock-and-Roll genre for a Real Estate video.
Any additional edit requests to a video or photo order that falls outside the scope of what was previously agreed upon will be subject to a re-editing fee of $35.
LIMITED LICENSE RELEASE:
FlytFotoCreativ produces content unique to the needs of our Clients. FlytFotoCreativ licenses the use of produced photography and/or videography exclusively for the Client's sale, promotion, and marketing of a listing (home, property, or real estate development), for a Client’s construction or development project, or for a Client’s business brand, services, or products.
The performance of our services and quoted Commercial prices are dependent on (1) payment of the invoice in full prior to the start of the project or before delivery of completed work, and (2) the use of the delivered photos/video only as indicated.
Only the Client has permission to use the delivered photos and video on any electronic or printed forms of advertisement for the promotion of a property listing, construction project, business service, product, or brand. The Client does not have permission to transfer delivered content, in part or whole, to any outside business, organization, or third party.
Developers, Builders, or other Third Parties who wish to use photographs or videos created and owned by FlytFotoCreativ must contact FlytFotoCreativ directly for licensing and fees. For image integrity and quality control, FlytFotoCreativ asks that photographs and video not be heavily altered once delivered, however; re-sizing is okay.
Photographs and videos used by another real estate agent due to a loss or withdrawal of an expired listing cannot be assumed by a new agent and must contact FlytFotoCreativ.
PAYMENT AND LATE FEES:
Full payment is due prior to the start of a project or before the completed deliverables are sent.
Overdue payments are subject to a $25/week late fee at our discretion.
Payments overdue past a month are subject to an additional $50/month or 10%/month late fee at our discretion.
Booking a service with us means you agree to and understand our Terms of Service, payment policy, and the applicable late fees for non-payment.
PHOTO AND VIDEO USAGE:
Delivered media produced by FlytFotoCreativ may be uploaded to any social media account, website, or MLS listing services by the Client, solely for the promotion of the property listing, construction or development project, business brand, service, or product during the pendency of this agreement.
However, regardless of any terms and conditions of the MLS, at no time does this agreement provide the right to transfer copyright or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106.
WORK PRODUCT OWNERSHIP:
Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by FlytFotoCreativ shall be the exclusive property of FlytFotoCreativ.
FlytFotoCreativ reserves the right to use video and photos that we have created for our advertising, display, publication, or other purposes.
All photos, samples, videos, and proofs remain the exclusive property of FlytFotoCreativ unless waived by amendment to this agreement. The unauthorized use of photographs/videos is a copyright violation and will result in the termination of this contract.
PROPERTY OWNER APPROVAL:
Depending on the project location, construction site regulations, or other logistical situations, we may require permission to perform our services—particularly drone-related services. The Client may need to obtain written signed approval from the property owner or manager prior to us filming or taking pictures. FlytFotoCreativ can provide (at request) a written approval form.
FlytFotoCreativ makes every effort to maintain the privacy of the property owner's neighbors. All footage is focused on the property being filmed and FlytFotoCreativ will do its best to respect the privacy of anyone not directly involved. If necessary, the client may be required to ask for permission from neighbors before FlytFotoCreativ begins filming.
Reach out to us should you have any questions about our Terms of Service.