Terms of service

The website at www.realestatephotos360.com and the professional media services offered by BFFotos Real Estate Photos 360, a Florida corporation based in Cape Coral, Florida, provides essential information about our terms of service related to our photography services. BFFotos Real Estate Photos 360 has established this Terms of Service Agreement ("Agreement") to inform you ("Client" or "you") of your rights and responsibilities when accessing or utilizing our real estate photography services. If you disagree with any part of this Agreement, you are prohibited from using the services and must stop using them immediately.

PLEASE READ THIS AGREEMENT CAREFULLY. BY SCHEDULING OR USING OUR SERVICES, ACCESSING THE WEBSITE, OR CLICKING TO ACCEPT WHERE PRESENTED, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR LEGAL RIGHTS.

BFFotos Real Estate Photos 360 may, at its discretion, modify, update, or replace this Agreement from time to time. When changes are made, the Effective Date above will be updated, and any material changes will be communicated where required by law. Your continued use of the services after the Effective Date of any modification indicates your acceptance of the revised Agreement.

Definitions

"Client" or "you" refers to any individual or business that schedules, orders, or utilizes our photography services, or visits our website.

"Services" represents the offerings of BFFotos Real Estate Photos 360, including our real estate photography, aerial drone imagery, virtual tours, and related media and delivery services.

"Media" signifies the photographs, videos, aerial imagery, virtual tours, floor plans, and other media produced or delivered by BFFotos Real Estate Photos 360.

Electronic Acceptance and Eligibility

By scheduling services, creating an account, or using the website, you confirm that you have read and agreed to this Agreement and consent to transact electronically. You affirm that you are at least eighteen (18) years of age, with the legal capacity to enter into this Agreement, and, if acting on behalf of an entity, you possess the authority to bind that entity. You further affirm that you will comply with all applicable laws and are not located in or a resident of any jurisdiction under comprehensive U.S. trade sanctions, nor are you on any U.S. government prohibited or restricted parties list.

Accounts

Certain photography services may require you to create an account or provide booking information. You confirm that all information you provide is accurate, current, and complete, and you agree to keep it updated. You are responsible for maintaining the confidentiality of any account credentials and for all activity under your account, and you agree to notify BFFotos Real Estate Photos 360 immediately of any unauthorized access. BFFotos Real Estate Photos 360 reserves the right, at its discretion and without notice or liability, to suspend, restrict, or terminate your account or access for any reason, including any violation of this Agreement.

Minimum Age

The services are intended solely for business and professional use and for individuals who are at least eighteen (18) years old. BFFotos Real Estate Photos 360 does not knowingly provide services to or collect personally identifiable information from anyone under the age of eighteen (18).

Availability

BFFotos Real Estate Photos 360 will make commercially reasonable efforts to maintain the services but may suspend, restrict, or discontinue the services or any part thereof at any time, without notice, due to maintenance or events beyond its control. We make no guarantee for service availability or uninterrupted access.

Ownership and License

You acknowledge that BFFotos Real Estate Photos 360 holds all rights to the website and its content, including all intellectual property rights pertaining to the media produced. The website and media are protected by U.S. and international intellectual property laws. BFFotos Real Estate Photos 360 grants you a limited, non-exclusive, non-sublicensable, revocable license to access and use the website for its intended purposes. All rights not expressly granted are reserved to BFFotos Real Estate Photos 360. All marks, logos, and trade dress associated with BFFotos Real Estate Photos 360 are also owned by the company and may not be used without prior written consent.

Website Use and Your Responsibilities

You may use the website only as expressly permitted and solely for its intended purpose. You understand that the website is provided AS IS and AS AVAILABLE and may be modified, suspended, or discontinued at any time without notice. It is your responsibility to keep your information truthful, current, and accurate; providing false information or impersonating another is strictly prohibited.

Services Provided

BFFotos Real Estate Photos 360 offers professional real estate photography services, including photography, aerial drone imagery, and virtual tours. Each service encompasses basic editing like exposure, color correction, contrast, and sharpening. Advanced edits, such as virtual twilight staging, can be requested for an additional fee.

Scheduling, Delivery, and Timelines

We aim to deliver media promptly. Typical delivery times include same day to next business day for still photography; 24-48 hours for aerial drone media, twilight photography, and virtual staging, Zillow floor plans, or 3D walkthroughs. Our office is closed on Saturdays, Sundays, and national holidays. Delivery estimates are not guaranteed and may be impacted by weather, equipment failure, illness, internet outages, volume of orders, and national holidays. BFFotos Real Estate Photos 360 is not liable for delays outside its reasonable control.

Payment Terms

Payment in full is required before the final media is delivered, unless prior arrangements have been made in writing. Pricing is based on the chosen service package and time spent on-site, which will be provided at the time of booking, and is subject to change. Additional services or extended site time may incur extra charges communicated in advance. Payments are securely processed by a third-party payment processor, and by submitting payment, you confirm that your payment information is accurate and that you are authorized to use the payment method.

Late Fees, Administrative, and Collection Costs

Any invoice remaining unpaid for over 30 calendar days is deemed past due and subject to a late fee of 1.5% per month (18% annually) or $25.00, whichever is greater. Accounts unpaid for over 60 days may be referred to a collection agency or legal counsel, and you agree to cover reasonable collection costs, including fees, legal costs, court costs, and administrative processing fees. Any unauthorized use, publication, or distribution of BFFotos Real Estate Photos 360’s media prior to complete payment constitutes copyright infringement and may lead to civil and statutory damages under U.S. copyright law (17 U.S.C. Section 504).

Cancellations & Weather

Cancellations must occur at least 24 hours prior to the scheduled photoshoot start time. Real estate photoshoots canceled with less than 24 hours’ notice will incur a cancellation fee of $50. If a photographer arrives at the property, and it is not ready or access is denied, a cancellation fee of $75 will apply.

Weather-related cancellations are subject to different terms. Weather conditions can impact the quality of exterior and interior home photos or hinder safe drone flight. A cancellation fee will NOT apply for weather-related cancelations if the purchaser cancels before the scheduled service time. If unfavorable weather persists, and the purchaser wishes to proceed with interior photography only (at full price), arrangements can be made for exterior shots for an additional fee of $100.

Photo Licensing Agreement

BFFOTOS Real Estate Photos 360, LLC/Tammi Russell (PHOTOGRAPHER) retains the copyright for all digital images produced during business operations and all images on this website. The commissioning real estate broker/agent (CLIENT) is licensed to use property images, for which they have paid, for property promotion in any media while managing the listing. This license expires once the property is Sold, Expired, or Withdrawn. Images must not be edited or altered by anyone other than the PHOTOGRAPHER, except for minor cropping or resizing.

CLIENT may NOT distribute, license, or sell images to others, including property owners, other brokers/agents/Realtors, builders, architects, stagers, or any other vendors. Violation of these terms constitutes copyright infringement/violation (Digital Millennium Copyright Act of 1998, 17 U.S.C. §512(c)) and may lead to legal action. The PHOTOGRAPHER acknowledges that the CLIENT cannot control how images are shared by MLS and other property listing platforms (Zillow, Trulia, etc.), and the CLIENT is not responsible for such use following license expiration.

The PHOTOGRAPHER may re-license real estate images for commercial use by builders, developers, designers, vendors, or other parties under a separate agreement.

Property Condition

Photoshoot preparation guidelines are available here. The CLIENT shall ensure that the listing is clean and ready for photography at the time of service. Photographers work within time constraints and cannot wait for items to be moved. Garages and closets are typically not photographed, so boxes and unwanted items should be placed in the garage before arrival. The PHOTOGRAPHER is not responsible for cleaning, dusting, changing light bulbs, or moving furniture during the photoshoot. The CLIENT must ensure no hazards exist that could compromise the photographer’s safety, and pets must be confined out of view. The PHOTOGRAPHER will not retouch images to conceal known defects or physical structures such as blemishes on walls or floors, driveway cracks, or power lines.

Additional Terms

Final images are backed up by BFFOTOS Real Estate Photos 360 and can be resent until 90 days from the delivery date. After that period, photos may no longer be accessible. Clients are encouraged to keep a local backup of images for the duration of the listing. Once the Client’s contract with the homeowner has concluded (property sold or picked up by another agent), the license expires, and the Client should delete their backup at that time.

Drone Services

All drone operations are subject to Federal Aviation Administration (FAA) regulations, airspace restrictions, weather conditions, and safety requirements. BFFotos Real Estate Photos 360 reserves the right to cancel or modify drone services due to airspace restrictions, unsafe weather, inability to obtain FAA authorization, or safety concerns. No refund will be due for drone service limitations beyond BFFotos Real Estate Photos 360's control.

Floor Plans and Property Measurements

Floor plans and measurements are provided solely as marketing tools. Measurements are approximate and should not be used for construction purposes, engineering, appraisal, legal documentation, or boundary determinations. Buyers and sellers should independently verify measurements. BFFotos Real Estate Photos 360 assumes no liability for measurement inaccuracies.

Virtual Staging and Image Enhancement

Virtual staging, object removal, sky replacement, virtual renovations, and related services are digitally enhanced representations and may not accurately depict the current state of the property. The Client is responsible for meeting all MLS, brokerage, REALTOR, and advertising disclosure requirements regarding digitally altered images.

Property Websites and Marketing Materials

When BFFotos Real Estate Photos 360 provides property websites, landing pages, marketing flyers, or social media assets, the Client is solely responsible for listing accuracy, pricing information, property descriptions, adherence to MLS rules, and compliance with the Fair Housing Act and all applicable fair housing laws.

Prohibited Uses

You agree not to use the website or services in violation of any laws or the rights of third parties; not to infringe intellectual property rights; not to use automated methods to access the website; not to circumvent or interfere with security features; not to impose a disproportionate load on the website; not to reverse engineer any part of the website; not to upload malicious code; not to use the website to train AI or machine-learning models without consent; or to imply an affiliation or endorsement by BFFotos Real Estate Photos 360 that is not present.

Electronic Communications

Visiting the website or contacting us constitutes electronic communications. You consent to receive electronic communications from BFFotos Real Estate Photos 360, agreeing that all agreements, notices, and disclosures provided electronically fulfill any legal requirement for written communication. YOU CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, waiving any right to non-electronic signatures or records.

SMS / Text Messaging Terms

BFFotos Real Estate Photos 360 offers SMS messaging as a communication option for customers who opt in. By providing your mobile number and consenting, you agree to receive SMS messages related to your relationship with BFFotos Real Estate Photos 360, including appointment confirmations, scheduling updates, photography job notifications, project status updates, billing notices, customer service communications, service announcements, and account notifications. BFFotos Real Estate Photos 360 does not send unsolicited marketing messages; SMS communications are only sent to individuals who have requested information or expressly opted in.

Opt-In and Consent. SMS messages are only sent to individuals who have opted in by providing their mobile phone number through our website contact forms, appointment scheduling, project requests, or during customer onboarding.

PROVIDING CONSENT TO RECEIVE SMS MESSAGES IS VOLUNTARY AND IS NOT A CONDITION OF PURCHASING ANY GOODS OR SERVICES FROM BFFotos Real Estate Photos 360.

Opt-Out. You may opt out at any time by replying STOP to any text message; opt-out requests are processed promptly. For assistance, reply HELP or contact us at info@BFFotosRealEstatePhotos360.com.

Message Frequency and Fees. Frequency of messages varies based on interactions with BFFotos Real Estate Photos 360 and requested services. Message and data rates may apply as per your mobile carrier's plan.

Carrier Liability. Wireless carriers are not liable for delayed or undelivered messages; SMS delivery relies on effective transmission by your carrier and factors beyond BFFotos Real Estate Photos 360's control.

Disclaimer of Warranties

BFFotos Real Estate Photos 360 PROVIDES THE WEBSITE AND SERVICES ON AN AS-IS AND AS-AVAILABLE BASIS WITHOUT ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THIS EXCLUSION MAY NOT APPLY TO YOU.

Liability; Limitation of Liability

BFFotos Real Estate Photos 360 is not liable for any damages, loss, or injury occurring at the property during a shoot unless arising from gross negligence or willful misconduct by our staff. BFFotos Real Estate Photos 360 WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOSS OF BUSINESS, INCOME, OR OPPORTUNITIES. THE MAXIMUM LIABILITY OF BFFotos Real Estate Photos 360 TO YOU UNDER ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, NOT TO EXCEED $100.00 USD. IF NO AMOUNT IS PAID, YOU WILL BE LIMITED TO INJUNCTIVE RELIEF UNLESS OTHERWISE PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, IN WHICH CASE THIS LIMITATION MAY NOT APPLY.

Miscellaneous

Severability. If any provision is found unenforceable, it will be modified minimally or severed, allowing remaining provisions to stay in effect.

No Waiver. No term will be considered waived unless in writing and signed by the party to be charged.

Force Majeure. BFFotos Real Estate Photos 360 is not liable for any failure or delay due to events outside its reasonable control, including weather, acts of God, and third-party service outages. Nothing in this Agreement establishes a partnership, joint venture, or agency relationship.

Entire Agreement. BFFotos Real Estate Photos 360 incorporates its Privacy Policy into this Agreement, which constitutes the entire agreement between the parties regarding the services.

Reservation of Rights. BFFotos Real Estate Photos 360 reserves all rights not expressly granted herein.

Child Online Privacy Protection Act

The services are not aimed at individuals under eighteen (18), and BFFotos Real Estate Photos 360 will not knowingly collect personally identifiable information from anyone under this age. If such information is inadvertently collected, it will be deleted per applicable law and the Privacy Policy.

Notice

Any notice required by this Agreement must be in writing and sent to:

BFFotos Real Estate Photos 360

1914 SW 30th St, Cape Coral, FL 33914

Mail@BFFotosRealEstatePhotos360.com