Terms & Conditions
FreeStyle production, LLC
The following User Agreement Terms and Conditions (the “Terms”) form a binding agreement between you and FreeStyle Production, LLC (“FreeStyle Production”) and govern your use (the “User”) of the FreeStyle Production video, photo, Matterport, products/assets and services presently offered or accessed through the Site or which may be offered in the future (the “Services”). These terms are activated immediately for all Users using FreeStyle Production Services.
Terms Applicable To All Users
By accessing, using the Site or the Services, or ordering Services for projects, you acknowledge that you have read, understood, and agree to be bound by the Terms herein and any changes to the Terms that FreeStyle Production may publish from time to time. If You Do Not Agree To All Of The Terms, You May Not Use This Site Or The Services Offered Therein. FreeStyle Production may make changes to the Site, the Services, or the Terms at any time and without notice to you. You can review the most current version of the Terms on the Site. Please note that the Site may contain references or cross references to FreeStyle Production Services that are not available in every state or country. If you breach any of the Terms herein, your authorization to use the Site and the Services is rescinded, you must immediately cease all use of the same and this Agreement may be terminated.
Services present on the Site are for your personal use only. You may not download, copy, reproduce, modify, transfer, distribute, transmit, display, perform, publish, license, create derivative works from, sell, or offer for sale any Services obtained from the Site, or use these Services for any commercial purpose. In addition, you may not use any data mining, robots, or similar data gathering methods in connection with the Site.
FreeStyle Production Privacy Statement is available on the Site. All terms and notices present therein are incorporated in this Agreement by reference, and by accessing the Site and/or using the Service, you acknowledge that you have read the Privacy Statement and agree to and are on notice of the terms and statements therein.
Video, Photo, and Matterport Services
The Services offered by FreeStyle Production includes preparation and posting of property images, video footage, and/or content for limited access and use by you. To request the specified Services, you must complete and submit the Order Form on the Site or reach out to schedulers via email. FreeStyle Production will only be required to process and complete Services when a completed Order Form is actually received or a scheduler has placed the event on the calendar and is to be confirmed by the agent accepting the invite. If desired, Users can designate specific features of the subject property to emphasize in the images, video footage, and/or content, however, FreeStyle Production and/or its contractors will have the final say on what elements of the property are captured and how the images, video footage, and/or content of the same are processed and edited.
Upon completing an order for specified Services, you, as a User, recognize that FreeStyle Production will immediately begin spending time and effort processing your order and thereby incurring non-recoverable costs. Therefore, you agree to remit payment for the full amount of the ordered Services whether or not you actually use the Services.
Limited License to Use Images
Upon receipt of payment by a User for the HD Imaging Services, the User is granted a limited, revocable, license to use the images, video footage, and/or content posted to that the User’s sole purpose of marketing the subject property for sale or lease. The term of the User’s license is limited to the duration of the subject property’s current listing. If the property listing is terminated for any reason (including without limitation, sale of the property, removal of the listing, or leasing of the property), the license granted herein is automatically terminated. Extensions or modification to the limited license or re-licensing of the images, video footage, and/or content in connection with a re-listing of the property for sale or lease shall be subject to a separate agreement and payment of additional consideration.
Fees and Payment
Users may use the Services upon receipt of payment for the Services by FreeStyle Production within 30 days of completion. Pricing is subject to change without notice, and this Site may not reflect the current pricing. A 10% late fee will be applied to the invoice exactly 30 days from invoice delivery. 10% late fee will be added every 15 days passed 30 days until the payment is paid in full.
Photo Fees and Payment
Users are able to use up to the number of photos ordered in the package. For package clarification, Essential Photos = 20 photos, Standard Package = 30 photos, and Estate Package = 40 photos. Should you receive more photos then the ordered package, it is an additional $10 charge per photo used on MLS or Social Media beyond your package order. The user most disclose how many additional photos will be used prior to posting on the MLS or Social Media. Should the User not disclose the use of extra photos and has already paid the invoice, a second invoice will be sent with the added costs of $10/additional photo used.
Video Fees and Payment
Users will receive exactly what is ordered/completed. Should a User choose to add on additional video services from our add on list, the User agrees to pay the additional add on charges.
User Representations and Warranties.
As a User, you represent and warrant that when you order Services from FreeStyle Production that you have obtained the proper and necessary permission from the owner of the property to be filmed and/or photographed by which to provide FreeStyle Production with complete access to the property at the dates and times agreed on by the User and FreeStyle Production. Should you not have appropriate authorization for FreeStyle Production to perform the requested Services, you may be still be required to make payment for the Services in addition to any other remedy set forth in these Terms including without limitation the right to indemnification and defense.
FreeStyle Production is not a staging company. Upon ordering HD Imaging Services you represent and warrant that the subject property will be in the exact condition you wish it to appear in the images, video footage, and/or content ordered. If FreeStyle Production or its contractors are unable to immediately begin taking property images upon arrival at the property, you may be assessed additional charges for any delay.
As a User, you represent and warrant that you will accept all images, video footage, and/or content delivered by FreeStyle Production “as is”. If you require additional editing or modification of the property images, video footage, and/or content, FreeStyle Production reserves the right to include additional editing fees at its current hourly rates.
Intellectual Property Rights
FreeStyle Production owns all images, video footage, and/or content taken or created by its employees, agents, or contractors. FreeStyle Production’s images, video footage, and/or content are protected by United States copyright law and may not be reproduced in any form not authorized herein without the express written consent of FreeStyle Production.
Services performed pursuant to this Agreement, content contained in this Site, and material produced pursuant to the Services, as well as their/its arrangement, trade dress, and associated trademarks, are the property of FreeStyle Production and protected or may be protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights ( "Intellectual Property Rights" ). Therefore, any unauthorized use of any Services, images, content, trade dress, and trademarks may violate these and other laws.
FreeStyle Production Provides This Site And The Services Contained Therein "As Is" Without Warranties Of Any Kind Including Warranties Of Merchantability, Fitness For A Particular Purpose, Or Non-Infringement Of Intellectual Property.
Accuracy and Availability of Information or Data.
The Services or content provided to you by FreeStyle Production through this Site is dependent on several sources and factors beyond the control of FreeStyle Production. Websites are subject to occasional downtime for any number of reasons. Therefore, FreeStyle Production does not warrant that the Site will be available 100 percent of the time. FreeStyle Production disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (a) any errors in or omissions from this Site or the Services; (b) any third-party websites or content therein directly or indirectly accessed through hot links in this Site; (c) any inaccurate or incomplete fee schedules; (d) any other inaccurate or incomplete data or information provided to you by FreeStyle Production regardless of form; (e) the unavailability of the Site, Services, or any portion thereof for any reason; (f) or your use of any equipment or software in connection with the Site.
Limitation Of Liability For Use Of The Site
In No Event Will FreeStyle Production Or Its Principles, Partners, Officers, Managers, Members, Employees, Affiliates, Agents, Or Contractors Be Liable To Any Party For Any Direct, Indirect, Incidental, Special, Exemplary Or, Consequential Damages Of Any Type Whatsoever (Including, Without Limitation, Any Lost Profits, Business Interruption, Equipment Damage, Property Damage, Or Lost Data) Related To Or Arising From This Site Or Any Use Of This Site, Inability To Use This Site, Or Any Site Or Resource Linked To Or Referenced In This Site, Whether Such Claim Is Based On Warranty, Contract, Tort, Or Any Other Legal Theory. This Limitation Applies Whether Or Not FreeStyle Production Has Been Advised Of The Possibility Of Such Damages Or Could Reasonably Have Foreseen Such Damages.
Limitation Of Liability For Use Of The Services
The Services provided by FreeStyle Production include access to, filming, and image capture of homes and real property owned or controlled by third-parties. FreeStyle Production is not responsible for property damage of any kind incurred by a User, homeowner, property management company, or any other party providing access to a home or real property for the purposes of rendering the Services. A User, by ordering the Services, agrees that:
In No Event Will FreeStyle Production Or Its Principles, Partners, Officers, Managers, Members, Employees, Affiliates, Agents, Or Contractors Be Liable To Any Party For Any Direct, Indirect, Incidental, Special, Exemplary Or, Consequential Damages Of Any Type Whatsoever (Including, Without Limitation, Any Lost Profits, Business Interruption, Equipment Damage, Property Damage, Or Lost Data) Related To Or Arising From The Services, Whether Such Claim Is Based On Warranty, Contract, Tort, Or Any Other Legal Theory. This Limitation Applies Whether Or Not FreeStyle Production Has Been Advised Of The Possibility Of Such Damages Or Could Reasonably Have Foreseen Such Damages.
Indemnity And Liability
You agree to indemnify and hold FreeStyle Production and its principles, partners, officers, directors, shareholders, managers, members, employees, affiliates, agents, and contractors harmless from any claim or demand made by any third-party arising out of your use or misuse of the Site, any Services you order from FreeStyle Production, or any Services provided through the Site, whether or not such use violates these Terms.
You may provide hot links to this Site provided: (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site; (b) you give FreeStyle Production notice of such link by sending an e-mail to firstname.lastname@example.org and (c) you discontinue providing links to this Site within 24-hours if so notified by FreeStyle Production.
Governing Law, Jurisdiction, and Dispute Resolution.
By accessing this Site, you agree that all matters relating to your access to, or use of this Site and/or the Services shall be governed by the laws of the State of Washington, and that you consent to the jurisdiction and venue of the federal and state courts sitting in Seattle, Washington. In the unlikely event of a dispute between FreeStyle Production and you relating to this Agreement or the Services rendered pursuant thereto, you agree that, at the written request of any Party, the dispute will be submitted for arbitration by one arbitrator in Seattle, Washington under the then existing Commercial Rules of the American Arbitration Association. The party substantially prevailing at any subsequent proceeding (including without limitation, trial, appellate, and arbitration proceedings) will be entitled to recover all related costs and expenses, including attorney’s fees. Despite this arbitration provision, requests for injunctive relief may be made in any court of competent jurisdiction.
FreeStyle Production may suspend or terminate a project at any time with or without notice should the environment be unsafe for staff provided by FreeStyle Production. In addition, FreeStyle Production may change the nature of the Site and/or Services at any time with or without notice.
Refunds and Exchange
FreeStyle Production photography is sold "as is" and no warranties are expressed or implied. FreeStyle Production will not issue full or partial refunds or exchanges for any of its imaging services rendered. Entire Agreement, Severability.
These Terms and Conditions incorporate by reference any notices contained on the Site and constitute the entire agreement with respect to your access to and use of this Site and Services. If any provision of these Terms and Conditions is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
If You Do Not Agree or If These Terms And Conditions Are Not Acceptable In Full, You Must Immediately Terminate Your Use Our Product/Services