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WAVES & WILLIAMS REALTY PHOTOGRAPHY
TERMS OF SERVICE
Effective Date: June 26, 2026
These Terms of Service, referred to as the “Terms,” govern all photography, videography, drone imaging, floor plan, virtual tour, virtual staging, digital editing, property website, social media, and related media services provided by Waves & Williams Realty Photography, referred to as “Waves & Williams,” “W&W,” “we,” “us,” or “our.”
By submitting an order, approving a quote, accepting an invoice, checking an acceptance box, scheduling an appointment, authorizing work in writing, or allowing W&W to begin providing Services, the Client agrees to these Terms.
Please review these Terms before placing an order.
1. Definitions
For purposes of these Terms:
“Accepted Order” means an order, quote, proposal, invoice, or statement of work that W&W has accepted through written confirmation, scheduling, invoicing, commencement of performance, or another clear affirmative action.
“Appointment” means the scheduled date and time reserved for W&W to begin providing Services at or for a Property.
“Business Day” means Monday through Friday, excluding federal holidays observed in Virginia.
“Client” means the person or entity requesting, authorizing, receiving, or paying for Services, including any agent, brokerage, team, property owner, property manager, builder, designer, contractor, investor, company, assistant, transaction coordinator, or authorized representative acting on that person’s or entity’s behalf.
“Deliverables” means the final photographs, videos, floor plans, tours, websites, graphics, files, or other media W&W elects to deliver as part of an Accepted Order.
“Photographer” means W&W and any photographer, drone operator, videographer, contractor, subcontractor, assistant, editor, or other service provider assigned by W&W.
“Property” means the real property, structure, unit, development, land, business, or location associated with an order.
“Services” means any photography, videography, drone, editing, floor plan, virtual tour, virtual staging, website, social media, consulting, or related service provided by W&W.
“Total Accepted Order” means the full amount accepted by the Client for the Services, including applicable travel charges, rush services, approved additions, and other accepted line items.
2. Scope of These Terms
These Terms apply to all Services unless W&W and the Client have signed a separate written agreement that expressly provides otherwise.
When a separate written agreement, addendum, quote, statement of work, or service-specific policy conflicts with these Terms, the following order of priority applies:
1. A separately signed written agreement or addendum.
2. An accepted written proposal, statement of work, or custom quote.
3. The Accepted Order and corresponding invoice.
4. Service-specific written terms.
5. These Terms of Service.
6. General marketing pages, frequently asked questions, or informal descriptions.
A separate signed agreement controls only to the extent of an actual conflict. These Terms supplement any subject not addressed by that separate agreement.
3. Authority and Client Accounts
The person submitting an order represents that the person:
1. Is at least 18 years old.
2. Has authority to order and authorize the Services.
3. Has authority to bind the named Client or entity.
4. Has permission to provide W&W access to the Property.
5. Has permission to authorize photography, video, drone operations, scanning, floor plan creation, and other requested Services at the Property.
6. Has provided accurate billing, contact, property, and access information.
Anyone using a Client’s Aryeo account, email address, phone number, booking profile, team account, assistant, or transaction coordinator will be treated as acting with the Client’s authority unless W&W receives written notice otherwise before the action occurs.
The Client is responsible for activity performed through the Client’s account or by anyone the Client authorizes to communicate with W&W.
A person who places an order without proper authority may remain responsible for resulting charges, losses, or claims to the extent permitted by law.
4. Booking and Order Acceptance
Submitting an order is a request for Services and does not require W&W to accept the order.
An order becomes an Accepted Order when W&W:
1. Sends a booking confirmation.
2. Schedules the Appointment.
3. Issues or accepts an invoice.
4. Confirms the order in writing.
5. Assigns personnel or begins preparation.
6. Begins performing any part of the Services.
W&W may decline a booking based on availability, location, safety, scope, payment history, operational capacity, legal restrictions, prior Client conduct, or other reasonable business considerations.
An existing account, prior booking, discount, relationship, or prior course of dealing does not guarantee acceptance of future orders.
W&W may assign or substitute Photographers, editors, contractors, or vendors without obtaining additional approval, provided the substitution does not materially reduce the agreed Services.
5. Pricing, Quotes, and Order Changes
Pricing may be displayed on the W&W website, in Aryeo, in a written quote, in a proposal, or on an invoice.
Prices may change at any time for future orders. A later pricing change does not alter the price of an existing Accepted Order unless:
1. The Client changes the scope.
2. The Client adds Services.
3. The Client provides inaccurate or incomplete information.
4. The Property differs materially from the information submitted.
5. The address or location changes.
6. Additional work becomes reasonably necessary and is approved.
7. The original price resulted from an obvious clerical, software, or calculation error that W&W identifies before substantial performance.
Custom written pricing, team pricing, brokerage pricing, and negotiated quotes override general website pricing for the specific work covered by the written agreement.
Quotes expire on the date stated in the quote. If no expiration date is stated, the quote expires 30 days after issuance.
The Client must disclose before the Appointment:
1. The correct address.
2. Approximate square footage.
3. Property type.
4. Number of units.
5. Detached structures.
6. Acreage.
7. Amenities requiring separate coverage.
8. Commercial or mixed-use status.
9. Access restrictions.
10. Any unusual production requirements.
Additional buildings, units, extensive acreage, amenities, or commercial spaces may require additional charges.
Client-requested additions approved by email, text message, Aryeo, phone confirmation followed by written confirmation, or on-site authorization may be added to the invoice.
6. Discounts, Credits, Waivers, and Courtesy Services
Discounts, complimentary Services, credits, fee waivers, early delivery, additional images, return visits, and other accommodations are discretionary unless included in a signed written agreement.
A discount or accommodation:
1. Applies only to the Client, order, service, property, program, or period for which it was granted.
2. Does not create a permanent pricing right.
3. Does not apply retroactively.
4. Is not transferable.
5. May be changed or discontinued for future orders.
6. Does not require W&W to provide the same accommodation to another Client.
7. Does not amend these Terms.
8. Does not establish a course of dealing.
9. Does not waive W&W’s right to enforce the applicable policy in another situation.
10. Does not constitute an admission that the original charge or policy was invalid.
W&W’s decision to waive or reduce a fee once does not require W&W to waive or reduce that fee again.
7. Travel Charges and Related Expenses
Travel charges may apply based on the Property’s distance from 249 Central Park Ave, Virginia Beach, Virginia.
Unless a different written rate is displayed and accepted for a particular order, the standard travel calculation is:
1. The first 15 miles are included.
2. Miles 16 through 24 are charged at $3.50 per mile.
3. Miles 25 and beyond are charged at $4.50 per mile.
Travel is calculated using the one-way driving distance from the starting point to the Property, based on W&W’s booking, routing, or mapping system.
The Client’s preferred route or mileage calculation does not override the route used by W&W’s system.
The travel amount displayed in the Accepted Order controls unless the address, route, destination, or scope changes.
Additional charges may apply for:
1. Tolls.
2. Ferries.
3. Paid parking.
4. Permits.
5. Gated access.
6. Overnight travel.
7. Extraordinary travel requirements.
8. Multiple distant locations.
9. Address changes.
10. Travel that has already begun before a cancellation or material change.
Travel charges are part of the Total Accepted Order.
8. Payment
Unless different written terms have been accepted, payment is due upon delivery.
W&W may require:
1. Full prepayment.
2. A deposit.
3. A payment method on file.
4. Payment before the Appointment.
5. Payment before download access is provided.
6. Payment before future orders are accepted.
W&W may lock downloads, websites, tours, or other Deliverables until payment is received.
The media license described in these Terms does not begin until W&W receives the required payment.
W&W may release previews, individual files, or part of an order before receiving full payment. Early or partial release does not waive the remaining balance or change the payment deadline.
When W&W expressly authorizes a partial delivery, partial payment authorizes use only of the Deliverables that W&W identifies as fully paid and released.
Additional Services requested after the original payment may be invoiced separately.
The Client may not withhold payment for completed and conforming Services because of a dispute involving a different line item or service.
W&W may apply payments to the oldest outstanding balance unless otherwise required by law.
9. Payment Authorization, Disputes, and Chargebacks
By providing a payment method, the Client authorizes W&W and its payment providers to charge that payment method for:
1. Accepted Services.
2. Approved additions.
3. Travel charges.
4. Rush charges.
5. Cancellation, postponement, or rescheduling charges permitted by these Terms.
6. Access-failure charges.
7. Other amounts expressly accepted or authorized.
W&W will maintain an order, invoice, or other record supporting charges.
The Client must contact W&W promptly regarding any billing concern and provide W&W a reasonable opportunity to investigate before initiating a payment dispute when practicable.
The Client may not knowingly misrepresent an authorized charge as fraudulent.
A chargeback, payment reversal, or failed payment does not eliminate a valid underlying balance.
When payment for media is reversed:
1. The corresponding media license is automatically suspended.
2. The Client must stop using the affected Deliverables.
3. W&W may disable downloads, tours, websites, or other hosted materials.
4. W&W may suspend future work.
5. The Client remains responsible for the valid balance.
6. The Client may be responsible for actual processor-imposed chargeback costs and reasonable collection expenses to the extent permitted by law.
Nothing in these Terms waives any payment-dispute right that cannot legally be waived.
10. Delinquent Accounts and Collections
An unpaid balance becomes delinquent immediately after its due date.
W&W may suspend Deliverables, licenses, hosting, pending work, and future bookings while any balance remains unpaid.
Balances unpaid for 30 days may be referred to a collection agency or pursued through lawful collection proceedings.
The Client is responsible for reasonable third-party collection costs, filing fees, court costs, and attorney fees incurred in collecting a valid unpaid balance to the extent permitted by law.
W&W does not ordinarily impose a separate late-payment fee unless one is expressly stated in a separate written agreement.
11. Appointment Time and Client Availability
The scheduled Appointment time is the time production is expected to begin.
The Property must be accessible, safe, and ready before the Appointment time. The Appointment time is not the time when cleaning, staging, contractor work, vehicle movement, pet removal, furniture placement, or access preparation should begin.
W&W may arrive shortly before the scheduled time to prepare.
A Photographer may experience reasonable delays caused by:
1. Traffic accidents.
2. Drawbridges.
3. Road closures.
4. Emergency vehicles.
5. Severe weather.
6. Vehicle or equipment problems.
7. A prior Appointment.
8. Incorrect directions.
9. Building security.
10. Events outside the Photographer’s reasonable control.
W&W will attempt to notify the Client of a material delay when practical.
A reasonable delay does not automatically constitute a breach or entitle the Client to a refund.
If W&W’s delay materially prevents performance and no reasonable accommodation is available, W&W may reschedule the affected Services without charging the Client a late-rescheduling fee or may refund the affected unperformed line item.
12. Property Readiness
The Client is responsible for ensuring that the Property is fully ready before the Appointment.
Unless otherwise agreed, readiness includes:
1. Cleaning is complete.
2. Staging is complete.
3. Furniture is placed.
4. Beds are made.
5. Counters and floors are clear.
6. Contractors and repair personnel have finished.
7. Construction debris is removed.
8. Interior and exterior lights are operational.
9. Electricity and other necessary utilities are on.
10. Blinds and curtains are positioned as desired.
11. Vehicles are moved from areas the Client wants photographed.
12. Trash cans, hoses, tools, and yard items are removed or arranged.
13. Pets are secured.
14. Occupants know about the Appointment.
15. Children and occupants are supervised.
16. Sensitive records, valuables, medications, weapons, and personal information are secured.
17. All requested rooms, structures, yards, amenities, and access points are available.
18. Pools, hot tubs, fireplaces, appliances, and other desired features are prepared.
19. The Property is safe to enter and photograph.
W&W is not a cleaning, staging, furniture-moving, repair, landscaping, security, or property-preparation service.
The Photographer may photograph the Property in its existing condition.
The Client remains responsible for objects, clutter, damage, seasonal conditions, construction, neighboring conditions, vehicles, people, pets, reflections, weather, landscaping, and other conditions present at the time of capture.
13. Minor Adjustments and Movement of Property
At the Photographer’s discretion, minor adjustments may be made to improve presentation.
These may include:
1. Straightening a chair.
2. Closing a toilet lid.
3. Adjusting small décor.
4. Moving a lightweight trash can.
5. Hiding a small visible cord.
6. Adjusting a blind using a normal control.
7. Repositioning a small movable item.
These actions are courtesies and do not create a duty to prepare the Property.
The Photographer is not required to:
1. Move furniture.
2. Lift heavy objects.
3. Move fragile or valuable property.
4. Handle weapons, medications, chemicals, or hazardous materials.
5. Move or restrain animals.
6. Repair the Property.
7. Operate unfamiliar equipment.
8. Handle unstable blinds, fans, doors, fixtures, appliances, or furniture.
9. Enter unsafe areas.
10. Climb unsafe ladders or structures.
11. Stop moving machinery or fan blades by hand.
The Client must remove fragile or valuable items from work areas before the Appointment.
14. Access to the Property
The Client must provide complete and accurate access instructions before the Appointment.
Access failures include:
1. An incorrect lockbox code.
2. A missing key.
3. A malfunctioning lock or lockbox.
4. An unavailable gate code.
5. An activated alarm without instructions.
6. A locked room.
7. A missing escort.
8. An owner, tenant, occupant, or security representative refusing entry.
9. Failure to notify an owner or tenant.
10. An incorrect address.
11. Instructions requiring unauthorized entry.
12. Any other condition preventing timely access.
The Photographer may check reasonable, common lockbox locations but is not required to conduct an extensive search of the Property.
W&W may wait up to approximately 15 minutes as a courtesy while an access problem is actively being resolved. This is not a guaranteed grace period.
If production cannot begin within a reasonable time, W&W may leave and treat the event as a client-caused late postponement, reschedule, or access failure.
The Client is responsible for confirming that W&W has lawful permission to enter.
15. Client-Caused Delays and Incomplete Appointments
When the Client, owner, tenant, occupant, contractor, or Property condition delays production, W&W may:
1. Photograph the Property as it exists.
2. Use only the remaining reserved time.
3. Omit rooms, features, or Services that cannot reasonably be completed.
4. Charge for additional production time.
5. Deliver only the work completed.
6. Reschedule unfinished Services.
7. Leave the Property.
8. Treat the event as a late reschedule or cancellation when the delay materially prevents performance.
A Client-created delay does not require W&W to extend the Appointment, delay another Client, provide a free return visit, or maintain the original delivery deadline.
16. Electricity and Utilities
The Client must ensure electricity and any necessary utilities are operational before the Appointment.
If electricity is unavailable or materially affects capture or editing:
1. W&W may photograph the Property as it exists.
2. W&W may omit affected Services.
3. W&W may reschedule the affected Services.
4. A $25 no-power fee may apply.
5. Additional editing or return-visit charges may apply.
The no-power fee compensates W&W for additional capture, editing, scheduling, or operational requirements. It does not guarantee that every requested image or Service can be completed without electricity.
17. Cancellation, Postponement, and Rescheduling
The words “cancel,” “postpone,” “reschedule,” “move,” “change,” and similar terms are treated according to their practical effect, not merely the label used in a booking system.
A cancellation, postponement, reschedule, date change, time change, or material address change occurring less than 24 hours before the scheduled Appointment is subject to a charge equal to 50% of the Total Accepted Order.
The 24-hour period is calculated backward from the scheduled Appointment start time.
The 50% charge applies to the Total Accepted Order, including:
1. Ordered Services.
2. Travel charges.
3. Rush services.
4. Approved additions.
5. Other accepted line items.
This charge is intended as a reasonable estimate of losses that are difficult to calculate precisely, including reserved calendar time, declined work, travel scheduling, production planning, contractor commitments, editing coordination, preparation, and administrative costs. It is not intended as punishment.
A standard cancellation or reschedule made at least 24 hours before the Appointment does not ordinarily incur the 50% charge. However, the Client remains responsible for:
1. Work already completed.
2. Nonrefundable third-party expenses.
3. Special materials or permits.
4. Custom preparation requested by the Client.
5. Other costs expressly accepted in writing.
Moving an Appointment to another date remains a reschedule even when the Client intends to complete the work later.
A new Appointment is not confirmed until W&W accepts the replacement date and time.
W&W may waive, reduce, or credit a cancellation or rescheduling charge at its discretion. A waiver or reduction does not create a future right or precedent.
18. Cancellation and Rescheduling Notices
Cancellation and rescheduling notices should be sent through:
1. The Aryeo booking system.
2. Email to trey@wavesandwilliams.com.
3. Text message to W&W’s official business number.
4. Another written communication channel expressly approved by W&W.
A phone call should be followed by written confirmation.
Social media messages, comments, or messages sent to an individual Photographer are not reliable cancellation channels unless W&W acknowledges the notice.
The Client is responsible for sending the notice to the correct account, email address, or phone number.
Failure to receive an immediate response does not extend the cancellation deadline when the Client did not use an approved channel.
19. Weather and Seasonal Conditions
Clouds, overcast skies, dormant grass, leaf loss, wet pavement, seasonal landscaping, neighboring construction, ordinary wind, or the Client’s preference for different exterior conditions do not automatically make a Property unphotographable and do not automatically waive the cancellation policy.
When the Client elects to postpone because of weather or appearance preferences, the normal cancellation and rescheduling policy applies.
W&W may postpone or modify Services when conditions create a safety, legal, equipment, or quality concern, including:
1. Lightning.
2. Severe rain.
3. Flooding.
4. Dangerous winds.
5. Unsafe roads.
6. Hurricanes or tropical weather.
7. FAA restrictions.
8. Conditions unsafe for personnel or equipment.
When W&W initiates a weather postponement because performance is unsafe or legally restricted, the Client will not be charged a late cancellation fee for that postponement.
W&W may complete interior Services and reschedule only the affected exterior or drone portion when practical.
20. Safety, Unlawful Conditions, and Client Conduct
W&W may refuse, suspend, or stop Services when W&W reasonably believes the circumstances create a safety, legal, ethical, or material operational risk.
Examples include:
1. Structural hazards.
2. Exposed wiring.
3. Active construction hazards.
4. Severe mold.
5. Smoke or drug exposure.
6. Infestations.
7. Human or animal waste.
8. Aggressive or unsecured animals.
9. Weapons creating a safety concern.
10. Illegal activity.
11. Threatening or abusive conduct.
12. Harassment or discrimination.
13. Extreme temperatures.
14. Unsafe roofs, crawlspaces, attics, balconies, docks, or waterfront areas.
15. Equipment-damaging conditions.
16. Requests for unauthorized entry.
17. Requests to violate FAA, property, privacy, advertising, or other legal requirements.
Client-created unsafe or unlawful conditions may be treated as a same-day access failure or late cancellation.
The Client remains responsible for completed work, travel, reserved time, and other amounts earned before Services are stopped.
21. Special Requests and Required Features
The Client must identify before the Appointment any required:
1. Rooms.
2. Views.
3. Angles.
4. Appliances.
5. Signage.
6. Amenities.
7. Property features.
8. Orientation requirements.
9. Branding requirements.
10. Video statements.
11. Editing instructions.
12. Disclosure requirements.
W&W does not guarantee capture of every room, object, angle, view, appliance, feature, or amenity unless the requirement was clearly communicated and accepted before production.
A feature not identified before or during production may require additional editing, a paid return visit, or a new Appointment.
22. Creative and Professional Discretion
The Client acknowledges that W&W is hired based on its portfolio, experience, production methods, and general creative style.
W&W retains professional discretion over:
1. Composition.
2. Camera position.
3. Lens selection.
4. Lighting.
5. Exposure blending.
6. Color treatment.
7. Perspective correction.
8. Sky treatment.
9. Image selection.
10. Number of usable angles.
11. Video pacing.
12. Music selection.
13. Editing style.
14. Floor plan styling.
15. Scan placement.
16. Capture order.
17. Equipment.
18. Production method.
A difference in personal taste does not automatically constitute a defect.
W&W is not required to deliver every image, video clip, scan, or file captured during production.
23. Standard Editing
Standard editing may include, as W&W considers appropriate:
1. Exposure blending.
2. Color correction.
3. White-balance adjustment.
4. Perspective correction.
5. Cropping.
6. Window balancing.
7. Basic sky replacement.
8. Minor television-screen treatment.
9. Basic image cleanup.
10. Exporting and resizing.
Standard editing does not include extensive alteration of the Property.
Advanced editing may require additional charges, including:
1. Room clearing.
2. Furniture removal.
3. Object removal.
4. Carpet replacement.
5. Wall repair.
6. Paint changes.
7. Lawn replacement.
8. Virtual staging.
9. Virtual twilight.
10. Structural alteration.
11. Extensive reflection removal.
12. Extensive landscaping changes.
13. Reconstruction of missing visual information.
W&W may decline an editing request that would be misleading, unlawful, technically unreasonable, outside W&W’s capabilities, or inconsistent with W&W’s standards.
24. Delivery and Partial Deliveries
Unless expressly guaranteed in writing, delivery dates and times are estimates.
Standard delivery may occur:
1. The same evening.
2. The next morning.
3. The next Business Day.
4. Within 48 to 72 hours for larger or more complex orders.
5. On another reasonable schedule stated for a specific service.
Different portions of an order may be delivered separately.
Photographs, videos, floor plans, virtual tours, social media files, websites, drone media, and advanced edits may have different completion times.
Delivery is complete when W&W makes the Deliverables available through Aryeo, email, a download link, a hosted platform, or another approved method.
Delivery time begins after production is completed. Client-caused delays, scope changes, payment issues, or missing information may change the expected delivery time.
W&W is not responsible for delays caused by:
1. Aryeo or third-party platform outages.
2. Internet or utility outages.
3. Payment issues.
4. Incorrect contact information.
5. Email filtering.
6. Vendor interruption.
7. Client-requested changes.
8. Force majeure.
9. Events outside W&W’s reasonable control.
25. Same-Day and Rush Delivery
Same-day, expedited, ASAP, or rush delivery applies only when:
1. It is specifically included in the Accepted Order.
2. W&W confirms availability.
3. The Property is ready and accessible on time.
4. The Client does not materially change the scope.
5. Upload, editing, and delivery systems remain available.
6. Payment requirements are satisfied.
W&W may decline a rush request based on appointment time, order size, travel, editing capacity, weather, or system limitations.
When W&W fails to meet an expressly guaranteed rush deadline solely because of W&W, the Client’s exclusive remedy is a refund or credit of the rush-delivery surcharge.
Failure of a rush deadline does not entitle the Client to a refund of properly completed underlying Services.
Early delivery on one or more prior orders does not create a guaranteed delivery time for future standard orders.
26. Revisions
W&W will correct a verified material technical or processing error attributable to W&W at no additional charge when reasonably possible.
Other revision requests will be evaluated individually.
A revision may require an additional charge when it:
1. Changes the original scope.
2. Reflects a new creative preference.
3. Requires advanced editing.
4. Addresses a Property condition that existed during capture.
5. Requests removal or alteration of an item not previously identified.
6. Requires rebuilding a video, floor plan, tour, or website.
7. Is submitted after the Client or a third party materially altered the file.
8. Is submitted after approval or publication.
Revisions are not guaranteed to be completed the same day.
W&W determines the reasonable method of correction, which may include re-editing, replacing a file, issuing a credit, or arranging a reshoot.
Publication or use of the Deliverables indicates acceptance of visible creative choices, but does not eliminate a legitimate claim involving a concealed technical defect that could not reasonably have been identified earlier.
27. Reshoots and Return Visits
A complimentary reshoot is available only when W&W confirms that a material technical failure attributable to W&W cannot reasonably be corrected through editing.
W&W may choose among:
1. Re-editing.
2. Replacing the affected Deliverable.
3. Reshooting the affected area.
4. Issuing a credit.
5. Refunding the affected line item.
A client-paid reshoot or return visit applies when caused by:
1. Property condition.
2. Weather preference.
3. Cleaning or staging changes.
4. New furniture.
5. New paint.
6. Landscaping changes.
7. A locked or unavailable area.
8. Incorrect instructions.
9. An omitted feature that was not disclosed.
10. Seller or Client preference.
11. An owner, tenant, or occupant interfering with production.
12. A request for different angles or style.
13. Changes made after the original Appointment.
Unless a different amount is quoted, the base reshoot fee is $75, plus applicable travel, additional Services, and editing charges.
W&W may require the Client or an authorized representative to attend a reshoot involving subjective preferences.
If another visit becomes necessary because the Client did not attend, did not provide complete direction, or changes direction again, that visit may be invoiced separately.
A problem with one Deliverable or add-on does not automatically entitle the Client to a refund of the entire order.
28. Refunds
Completed and properly performed Services are generally nonrefundable.
A request to refund a Service because the Client later decides it was unnecessary, no longer wants it, orders a replacement elsewhere, or changes the listing strategy does not require W&W to issue a refund.
When W&W does not perform an ordered Service, W&W may, as appropriate:
1. Reschedule the Service.
2. Substitute a comparable Service with Client approval.
3. Issue a credit.
4. Refund the affected unperformed line item.
5. Apply another reasonable remedy.
Refunds do not include completed Services, earned travel charges, custom preparation, nonrefundable vendor costs, or other properly earned amounts.
Refunds are returned through the original payment method when reasonably possible and remain subject to processor timing.
Nothing in this section limits a right or remedy that cannot legally be waived.
29. Floor Plans
Floor plans are approximate visual marketing tools.
They are not:
1. Architectural drawings.
2. Engineering plans.
3. Surveys.
4. Appraisals.
5. Inspections.
6. Construction documents.
7. Code-compliance documents.
8. Legal square-footage certifications.
9. Guaranteed measurements.
Dimensions, room shapes, wall thicknesses, openings, fixtures, appliances, cabinetry, and total square footage may vary from actual conditions.
The Client must independently verify measurements, square footage, room labels, and legal use before relying on a floor plan.
A complimentary or included basic floor plan may contain only a simplified layout and may omit measurements, appliances, cabinetry, exterior features, furnishings, colors, branding, or detailed amenities.
Paid or upgraded floor plans may include additional features identified in the Accepted Order, such as:
1. Measurements.
2. Appliances.
3. Cabinetry.
4. Amenities.
5. Color.
6. Furnishings.
7. Branding.
8. Two-dimensional or three-dimensional rendering.
W&W does not guarantee that every feature will be represented exactly or to architectural scale.
30. Virtual Staging, Virtual Twilight, and Digital Alteration
Virtual staging, virtual twilight, object removal, lawn replacement, paint changes, room clearing, and similar Services digitally alter the original scene.
Digitally altered media may not represent:
1. The Property’s current physical condition.
2. Furniture included with the Property.
3. Exact dimensions or scale.
4. Exact paint or material colors.
5. Actual lighting.
6. Existing landscaping.
7. Actual views or weather.
8. Features included in a sale or lease.
The Client is responsible for determining and making all required MLS, brokerage, advertising, and consumer disclosures.
The Client may not instruct W&W to create deceptive alterations, conceal a material property defect, falsely represent a permanent feature, or otherwise create media W&W reasonably believes would be misleading or unlawful.
31. Client-Created Editing and Artificial Intelligence
The Client may perform ordinary cropping, resizing, platform compression, and factual text-overlay placement that does not materially alter the Property.
Without W&W’s written permission, the Client may not:
1. Materially alter W&W media and represent the result as W&W’s work.
2. Add or remove permanent Property features in a misleading manner.
3. Conceal material defects.
4. Use W&W media to train an artificial-intelligence model.
5. Upload W&W media to an artificial-intelligence service for unrelated derivative creation.
6. add third-party AI watermarks to files represented as W&W work.
7. Remove copyright notices, watermarks, metadata, or rights information.
8. Distribute materially altered versions under W&W’s name.
9. Create unlawful, defamatory, deceptive, or infringing derivatives.
W&W is not responsible for the accuracy, quality, legality, disclosure, or platform acceptance of any Client-created or third-party alteration.
The Client assumes responsibility for altered files after the Client or a third party modifies them.
32. Drone Services
Drone Services are subject to:
1. Federal Aviation Administration regulations.
2. Remote pilot requirements.
3. Airspace authorization.
4. Temporary flight restrictions.
5. Weather.
6. Wind.
7. Visibility.
8. People and moving vehicles.
9. Property restrictions.
10. Safe launch and recovery areas.
11. Signal conditions.
12. Equipment safety.
13. The remote pilot in command’s final judgment.
The remote pilot in command has complete authority to determine whether a flight may be conducted legally and safely.
A Client may not direct or require a pilot to violate a law, authorization, operating limitation, or safety determination.
When drone Services cannot be completed, W&W may:
1. Attempt the flight later.
2. Reschedule the drone portion.
3. Offer ground-based alternatives.
4. Substitute another lawful option with Client approval.
5. Issue a credit.
6. Refund the affected unperformed drone line item, less nonrecoverable costs where applicable.
Travel, mobilization, and other completed Services remain payable when the pilot travels to the Property but cannot legally or safely fly because of conditions discovered or arising on site.
The inability to complete drone Services does not invalidate or require a refund of completed ground photography, video, floor plan, or other Services.
33. Virtual Tours, Scans, and Third-Party Platforms
Virtual tours and scans may use platforms including Zillow 3D Home, Matterport, MetaReal, Giraffe360, or other current or future providers.
Third-party providers control their own:
1. Features.
2. Hosting.
3. Processing.
4. Integrations.
5. Branding.
6. Account requirements.
7. Compatibility.
8. Service availability.
9. Pricing.
10. Terms.
11. Platform changes.
W&W does not guarantee that a third-party platform will remain available, preserve a particular feature, integrate with every MLS, or host content indefinitely.
When a specifically ordered platform cannot be completed, W&W may offer:
1. A reshoot.
2. A comparable replacement with Client approval.
3. A credit.
4. A refund of the affected unperformed line item.
W&W will not knowingly substitute a materially different named platform without Client approval.
The Client is responsible for verifying MLS, brokerage, portal, and platform compatibility before ordering.
34. Property Websites and Hosting
Property websites, branded links, unbranded links, domains, tours, and hosted assets are not guaranteed to remain active permanently unless a written hosting period is included in the Accepted Order.
W&W may archive or remove outdated, unpaid, expired, or inactive Property websites.
Continued hosting, renewal, domain registration, or reactivation may require additional payment.
W&W does not guarantee:
1. Search-engine indexing.
2. Search-engine ranking.
3. Continuous uptime.
4. A permanent URL.
5. Compatibility with every browser or platform.
6. Continued availability of third-party integrations.
7. Website traffic or lead generation.
The Client must verify all displayed addresses, prices, descriptions, room counts, square footage, disclosures, contact information, and listing claims.
W&W is not responsible for incorrect information supplied or approved by the Client.
35. Video, Music, and Social Media
Final video duration, clip selection, pacing, transitions, framing, and music remain subject to W&W’s professional discretion unless expressly stated otherwise.
W&W may license music from third-party providers for use within a completed video.
The Client may not:
1. Extract licensed music from the video.
2. Reuse music separately.
3. Claim ownership of third-party music.
4. Use the music outside the scope of the applicable license.
Social media and listing platforms may crop, compress, mute, flag, restrict, or remove media. W&W does not control those platform actions.
W&W does not guarantee:
1. Views.
2. Engagement.
3. Leads.
4. Followers.
5. Offers.
6. Sales.
7. Algorithmic distribution.
8. Platform acceptance.
For agent walkthroughs, interviews, or spoken videos, the Client is responsible for:
1. Script accuracy.
2. Property claims.
3. Advertising claims.
4. Fair-housing compliance.
5. Brokerage approval.
6. Legal disclosures.
7. Performance and preparation.
Additional filming caused by Client performance, script changes, wardrobe changes, lateness, or inaccurate statements may be billed separately.
36. People, Occupants, and Releases
The Client is responsible for obtaining any permission or release required from persons intentionally appearing in the Deliverables.
This includes:
1. Property owners.
2. Tenants.
3. Employees.
4. Contractors.
5. Models.
6. Children.
7. Guests.
8. Members of the public intentionally included in production.
The Client must remove or identify anyone who does not wish to appear.
W&W may avoid, crop, blur, or omit people at its discretion, but does not guarantee that every incidental person, reflection, photograph, license plate, personal object, or identifying feature will be removed unless specifically requested and accepted.
37. Copyright Ownership
Except where a separately signed written agreement expressly assigns copyright or designates the work as work made for hire, W&W retains all copyrights and ownership interests in the Deliverables and source materials.
Payment purchases a limited license, not copyright ownership.
No copyright is transferred unless W&W signs a written copyright assignment that specifically identifies the transferred work and rights.
The following remain W&W property unless expressly included in writing:
1. RAW photographs.
2. DNG files.
3. Unedited JPG files.
4. Original video footage.
5. Audio files.
6. Project files.
7. Editing timelines.
8. Photoshop files.
9. Lightroom catalogs.
10. Floor plan working files.
11. Virtual-tour source captures.
12. Drone source files.
13. Rejected files.
14. Intermediate files.
15. Production methods and templates.
Editing, downloading, paying for, or possessing a file does not transfer copyright.
38. Client Media License After required payment is received, W&W grants the Client a limited, nonexclusive, nontransferable license to use the final Deliverables for the purpose stated in the Accepted Order.
For an ordinary real estate listing order, the license permits use for:
1. One active sale or lease marketing cycle for the specific Property.
2. MLS submission.
3. Brokerage and agent websites.
4. Real estate portals.
5. Property flyers and brochures.
6. The Client’s social media.
7. Reasonable archival reference to the completed listing.
The Client may allow an MLS, brokerage, real estate portal, print vendor, or social platform to reproduce the Deliverables solely as necessary for the licensed marketing purpose.
The license does not permit the Client to:
1. Sell the Deliverables.
2. Sublicense them.
3. Transfer them to another listing agent.
4. Transfer them to a future brokerage.
5. Give them to a buyer for a later rental listing.
6. Give them to a builder, contractor, designer, owner, or other company for unrelated commercial use.
7. Upload them to a stock-media service.
8. Use them for artificial-intelligence training.
9. Use residential-listing media for permanent commercial advertising unless that use was included in the order.
10. Claim copyright ownership.
Builders, designers, property managers, apartment communities, commercial clients, vacation-rental operators, and similar users may require a separate commercial or portfolio license.
Unauthorized third-party use requires W&W’s written permission and may require an additional licensing fee.
39. License Suspension and Termination
The media license is conditioned on full payment and compliance with these Terms.
W&W may suspend or terminate the license when:
1. Payment is reversed.
2. An invoice remains unpaid.
3. The media is materially misused.
4. The media is transferred without authorization.
5. The Client materially violates the license.
6. The Client falsely claims ownership.
After suspension or termination, the Client must stop new use and distribution of the affected Deliverables and take reasonable steps to remove them from Client-controlled channels.
License suspension does not erase the Client’s payment obligations.
40. Promotional and Portfolio Rights
Except where a separate signed agreement provides otherwise, W&W may use Deliverables for:
1. Its website.
2. Portfolio.
3. Social media.
4. Advertising.
5. Awards.
6. Demonstrations.
7. Educational materials.
8. Internal training.
9. Business development.
10. Sample galleries.
W&W may delay promotional use until the Property is publicly marketed when reasonably practical.
A Client requesting confidentiality, an embargo, or exclusion from W&W’s portfolio must notify W&W in writing before production.
W&W may agree to confidentiality restrictions in writing.
The Client represents that the Client has authority to permit the promotional uses described in this section.
41. Storage, File Retention, and Re-Delivery
The Client is responsible for downloading, organizing, and backing up all Deliverables after delivery.
W&W does not guarantee any retention period unless a written storage agreement states otherwise.
W&W may delete files after delivery at any time because of storage limits, system changes, vendor changes, account closure, corruption, security concerns, or normal business operations.
W&W is not liable for a Client’s loss of files after successful delivery.
File retrieval, re-uploading, re-exporting, restoration, re-editing, or rehosting may require an additional fee.
W&W does not guarantee that deleted files can be recovered.
42. Property Damage, Existing Defects, and Fragile Items
The Client is responsible for removing or securing fragile, unstable, valuable, dangerous, or irreplaceable items before the Appointment.
W&W is not responsible for:
1. Pre-existing damage.
2. Loose blinds.
3. Defective fixtures.
4. Weak shelves.
5. Unstable furniture.
6. Malfunctioning doors or locks.
7. Existing leaks.
8. Defective appliances.
9. Poorly mounted decorations.
10. Damage caused by occupants, owners, tenants, contractors, animals, or other third parties.
11. Damage occurring after W&W leaves.
12. Hidden defects W&W could not reasonably identify.
W&W’s responsibility for direct physical Property damage is limited to damage proven to have been caused by W&W’s negligence, subject to the limitations in these Terms and applicable law.
The Client must report alleged damage promptly, and ordinarily within five Business Days after the Appointment, with photographs and available supporting information. This reporting requirement does not apply when the issue could not reasonably have been discovered during that period.
43. Keys, Locks, Alarms, and Property Security
W&W may rely on access instructions provided by the Client.
W&W will make reasonable efforts to:
1. Follow supplied access instructions.
2. Return keys as directed.
3. Relock doors used during the Appointment.
4. Reset alarms when complete and accurate instructions are provided.
The Client remains responsible for confirming Property security after the Appointment.
W&W is not a property-security, key-management, alarm-monitoring, or access-control company.
W&W is not responsible for malfunctioning locks, inaccurate instructions, missing keys, unauthorized third parties, owner-tenant disputes, or security failures outside W&W’s reasonable control.
44. Subcontractors, Vendors, and Service Providers
W&W may use:
1. Contract photographers.
2. Drone pilots.
3. Videographers.
4. Editors.
5. Floor plan vendors.
6. Virtual-staging providers.
7. Tour providers.
8. Cloud-storage providers.
9. Booking platforms.
10. Payment processors.
11. Delivery platforms.
12. Other service providers.
The Client authorizes W&W to share media, Property information, access information, contact information, and order details with those providers to the extent reasonably necessary to perform the Services.
W&W may change vendors or production methods to maintain quality, speed, availability, or operational efficiency.
Use of subcontractors does not create an employment, partnership, brokerage, fiduciary, or agency relationship between W&W and the Client.
45. Privacy and Sensitive Information
W&W’s collection and use of personal information are also governed by its Privacy Policy.
The Client should not provide unnecessary sensitive personal information.
The Client is responsible for removing from the Property any documents, photographs, computer screens, access codes, financial records, medical information, identification documents, or other sensitive information that the Client does not want visible in media.
W&W does not guarantee that every incidental item of personal information will be detected or removed during editing.
Property access information may be shared with assigned personnel and providers when reasonably necessary to perform the Services.
Payment information may be processed or stored by third-party payment providers rather than directly by W&W.
46. No Guaranteed Business Outcome
W&W provides media and related production Services.
W&W does not guarantee:
1. MLS acceptance.
2. Brokerage approval.
3. A sale.
4. A lease.
5. An offer.
6. A particular sale price.
7. Seller satisfaction.
8. Buyer satisfaction.
9. Website traffic.
10. Social media performance.
11. Leads.
12. Awards.
13. A specific marketing result.
14. A specific appraisal or measurement result.
15. Regulatory approval.
W&W is not acting as a real estate broker, attorney, appraiser, inspector, architect, engineer, surveyor, security provider, or advertising-compliance adviser.
The Client remains responsible for the accuracy and legality of listing information, advertising claims, disclosures, fair-housing compliance, MLS compliance, and use of the Deliverables.
47. Disclaimer of Warranties
W&W will perform Services using reasonable professional care consistent with the Accepted Order.
Except for express promises stated in the Accepted Order, the Services and Deliverables are provided without any additional warranty, including implied warranties of merchantability, fitness for a particular purpose, noninfringement, platform compatibility, or guaranteed commercial result, to the maximum extent permitted by law.
No oral statement, marketing description, prior delivery time, courtesy, or informal communication creates a warranty unless included in a written Accepted Order.
48. Limitation of Liability
To the maximum extent permitted by law, W&W’s total aggregate liability arising from an order, Property, Appointment, Service, or Deliverable will not exceed the amount actually paid to W&W for the specific affected Service giving rise to the claim.
W&W is not liable for indirect, incidental, special, punitive, exemplary, or consequential damages, including:
1. Lost commission.
2. Lost sale.
3. Lost rent.
4. Lost profit.
5. Delayed listing.
6. Lost opportunity.
7. Seller or Client disputes.
8. MLS penalties.
9. Reputational harm.
10. Platform losses.
11. Loss of data after delivery.
12. Third-party claims not directly caused by W&W.
These limitations do not apply to fraud, willful misconduct, gross negligence, or liability that cannot legally be limited.
49. Exclusive Remedy for Service Issues
For a verified issue attributable to W&W, W&W may choose the commercially reasonable remedy, including:
1. Re-editing.
2. Replacement.
3. Reshooting.
4. Service credit.
5. Refund of the affected line item.
The remedy applies to the affected portion of the order.
A problem with one file, add-on, or service does not automatically entitle the Client to a refund of unrelated completed Services.
50. Client Indemnification To the extent permitted by law, the Client agrees to defend, indemnify, and hold W&W, its Photographers, contractors, vendors, and representatives harmless from third-party claims, losses, liabilities, and reasonable expenses arising from:
1. Unauthorized Property access.
2. Lack of owner, tenant, or occupant permission.
3. Inaccurate information supplied by the Client.
4. Client advertising or Property claims.
5. Fair-housing or MLS violations.
6. Client-created edits or artificial-intelligence alterations.
7. Failure to disclose virtual staging or material alteration.
8. Unauthorized licensing, transfer, or reuse.
9. Copyright, trademark, music, logo, or other material supplied by the Client.
10. People appearing without required permission.
11. Unsafe Property conditions.
12. Instructions given by the Client.
13. Client misuse of Deliverables.
14. A material breach of these Terms.
This obligation does not apply to the extent a claim was caused solely by W&W’s gross negligence, willful misconduct, or unlawful act.
51. Illness, Equipment Failure, and Force Majeure
W&W is not in breach for delay, interruption, or nonperformance caused by events outside W&W’s reasonable control, including:
1. Illness or injury.
2. Vehicle failure.
3. Equipment failure.
4. Severe weather.
5. Hurricanes.
6. Floods.
7. Fire.
8. Road closures.
9. Government action.
10. Utility outages.
11. Internet outages.
12. Cyber incidents.
13. Platform failures.
14. Vendor disruption.
15. Labor interruption.
16. FAA restrictions.
17. Civil emergency.
18. Natural disaster.
19. Other force majeure events.
W&W may respond by:
1. Assigning another Photographer.
2. Delaying performance.
3. Rescheduling.
4. Substituting an approved method.
5. Issuing a credit.
6. Refunding an affected unperformed line item.
W&W is not responsible for consequential losses resulting from such events.
52. Right to Refuse or Discontinue Service
Subject to any controlling separate written agreement, W&W may refuse future orders, suspend an account, discontinue a relationship, or stop Services when the Client engages in:
1. Threats.
2. Harassment.
3. Abusive communication.
4. Discrimination.
5. Fraud.
6. Dishonesty.
7. Repeated false accusations.
8. Improper chargebacks.
9. Repeated payment failures.
10. Repeated access failures.
11. Repeated material unreadiness.
12. Requests for unlawful or unsafe work.
13. Copyright or license misuse.
14. Conduct materially interfering with W&W’s operations.
15. A material breach of these Terms.
Termination of the relationship does not eliminate valid charges, earned fees, completed Services, cancellation charges, travel charges, collection rights, or license restrictions.
Any prepaid amount for work W&W elects not to perform will be refunded or credited after deduction of amounts properly owed.
53. Dispute Resolution
The Client must provide written notice describing any material dispute and allow W&W a reasonable opportunity to review and respond.
Before filing a lawsuit, the parties will attempt in good faith to resolve the dispute through direct written communication for at least 15 days after receipt of the dispute notice.
This informal-resolution requirement does not prevent:
1. Emergency injunctive relief.
2. Protection of intellectual property.
3. Collection of an undisputed or delinquent balance.
4. Filing required to preserve a legal deadline.
5. Use of a court with proper small-claims jurisdiction.
The Client must preserve relevant files, communications, invoices, order records, and evidence while a dispute is pending.
54. Governing Law and Venue
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law rules.
To the extent legally permitted, any court proceeding arising from these Terms or the Services must be brought in a state or federal court having jurisdiction in or serving Virginia Beach, Virginia.
The prevailing party in a proceeding arising from these Terms may recover reasonable attorney fees and costs when permitted by law and awarded by the court.
55. Electronic Communications and Acceptance
The Client agrees to conduct transactions electronically.
Electronic acceptance may include:
1. Checking an acceptance box.
2. Submitting an Aryeo order.
3. Approving a quote electronically.
4. Sending an approval by email or text.
5. Providing an electronic signature.
6. Paying an invoice.
7. Authorizing W&W to begin work.
Electronic records and signatures have the same intended effect as paper records and handwritten signatures to the extent permitted by law.
W&W may retain electronic records showing:
1. The accepted version of these Terms.
2. The Client’s identity and contact information.
3. The acceptance date and time.
4. The order total.
5. Services selected.
6. Travel charges.
7. Order changes.
8. Cancellation or postponement activity.
9. Communications.
10. Payment records.
The Client is responsible for maintaining accurate email, telephone, billing, and account information.
56. Updates to These Terms
W&W may update these Terms for future orders.
The version in effect when an order becomes an Accepted Order governs that order unless the parties agree otherwise in writing.
A later website update does not retroactively change an existing Accepted Order.
Continued use of W&W’s Services after updated Terms take effect constitutes acceptance of those Terms for future orders.
57. Assignment
W&W may assign or transfer these Terms, an Accepted Order, or its rights and obligations to:
1. A successor business.
2. An affiliated entity.
3. A newly formed W&W entity.
4. A purchaser of substantially all W&W assets.
5. Another entity resulting from a merger, conversion, or reorganization.
The Client may not assign an Accepted Order or license without W&W’s written consent.
A Property sale, change of listing agent, brokerage change, team change, or ownership change does not automatically transfer the media license.
58. No Waiver and No Course of Dealing
Failure or delay by W&W in enforcing a provision does not waive that provision.
A fee waiver, courtesy, early delivery, free floor plan, complimentary image, additional edit, return visit, or other accommodation does not amend these Terms or create an obligation to provide the same accommodation again.
A waiver is effective only for the specific instance in which W&W grants it.
59. Entire Agreement and Modifications
These Terms, together with the applicable Accepted Order, invoice, proposal, statement of work, service-specific terms, and any separate signed agreement, constitute the agreement governing the Services.
General legal terms may not be modified by an informal oral statement.
Order scope may be changed through a documented email, text message, Aryeo update, invoice revision, or other written confirmation.
A modification to a separately signed agreement must comply with that agreement’s amendment requirements.
60. Severability
If any provision of these Terms is held invalid, unlawful, or unenforceable, that provision will be limited or modified to the minimum extent necessary, and the remaining provisions will continue in effect.
61. Survival
Provisions concerning payment, collections, copyright, licenses, confidentiality, storage, limitation of liability, indemnification, dispute resolution, governing law, and any obligation that by its nature should continue will survive completion, cancellation, or termination.
62. No Third-Party Beneficiaries
These Terms are for the benefit of W&W and the Client.
No property owner, tenant, buyer, seller, brokerage, future listing agent, platform, or other third party receives an independent right or remedy under these Terms unless expressly stated in a signed written agreement.
63. Headings and Interpretation
Section titles are provided for convenience and do not limit the meaning of the provisions.
Words such as “including” and “includes” mean “including without limitation.”
A singular term includes the plural when the context requires, and a plural term includes the singular.
These Terms will not be interpreted against either party merely because that party prepared or proposed the language.
64. Contact Information
Questions, notices, cancellations, rescheduling requests, and legal notices may be sent to:
Waves & Williams Realty Photography
Email: trey@wavesandwilliams.com
Website: wavesandwilliams.com
Business Location: Virginia Beach, Virginia
CLIENT ACKNOWLEDGMENT
By submitting or authorizing an order, the Client confirms that the Client:
1. Has reviewed and agrees to these Terms.
2. Is authorized to place the order.
3. Understands that the Appointment time is the time production is expected to begin.
4. Understands the Property-readiness and access requirements.
5. Understands that qualifying cancellations, postponements, reschedules, access failures, or material readiness failures occurring within 24 hours may result in a charge equal to 50% of the Total Accepted Order.
6. Understands that travel charges and approved additions are part of the Total Accepted Order.
7. Understands that copyright generally remains with W&W unless a separate signed agreement states otherwise.
8. Understands that media usage rights do not begin until required payment is received.