Terms of service.

LAST UPDATED: 2024 SEPTEMBER 26, 6:00AM

AWP Terms and Conditions

Property Readiness:

The Client is expected to have the property "camera ready" prior to the beginning of the arrival window. This includes all cleaning and furniture staging.
We ask that you have your clients review our Getting Ready checklist.
If the AWP Media Specialist arrives at the appointment and the home is not ready, the property will be shot "As Is." However, the Client has the option to reschedule the appointment, subject to a trip fee assessed at $0.60 per mile.
We value your feedback and input for choosing the best angles to photograph the property. If you would like to give input, please meet the Vidtographer at the beginning of the appointment or add notes in the "comments" section of the order.
Absent your input, the AWP Vidtographer will use his/her best judgment and experience to decide which angles will best highlight the property.

Order Details & Accuracy:

The Client is expected to have accurately entered or communicated all pertinent information at the time the order is placed.
We reserve the right to update incorrect information and adjust the pricing of the order to accurately reflect the order (e.g., if the client enters that the property is 1,200 square feet but it is actually 2,400 square feet).
Our current pricing is based on square footage and is listed on our website and online order form. Any pricing adjustments due to incorrect information will be communicated to the Client promptly.
Our pricing reflects the cost for a single dwelling in a residential household. For commercial or multi-unit properties, please contact our office for a personalized quote.

Listing Media

(See below for STR Media Terms)

1. Scope and Modification

These terms of service apply to any photograph, video, digital assets, or digital images taken by Anthony Whittington Photography, LLC and delivered to the Client (collectively known as "Media") for the property.
These terms of service govern the relationship between Anthony Whittington Photography, LLC and Client.
Any modifications to these terms must be in writing and signed by both parties to be effective.

2. Rights and Licensing

All Media and rights relating to them, including copyright and ownership rights in the Media in which the Media are stored, remain the sole and exclusive property of Anthony Whittington Photography, LLC.
The Client is granted a limited, non-exclusive, non-transferable license to reproduce, publicly display, and distribute the Media solely for promotional or advertising purposes directly related to the sale of the property. This license is valid until the property is sold.
Media used for any purpose not directly related to the sale of the property must be with the express permission of an authorized member of Anthony Whittington Photography, LLC and the payment of additional fees, unless otherwise agreed to in writing.
Media may be uploaded to any listing service solely for promotion of the property during the pendency of these terms of service. However, regardless of any terms of service of the listing services, at no time does this agreement provide the Client with the right to transfer copyright or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106.
Media may contain copyright management information at the discretion of Anthony Whittington Photography, LLC in the form of either:
1. A copyright notice; and/or
2. Other copyright and ownership information embedded in the metadata or elsewhere.
Removing and/or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA). The Client agrees to indemnify and hold harmless Anthony Whittington Photography, LLC against any unauthorized use, alteration, or removal of such information and any resulting penalties or awards.

3. Relationship of the Parties

The parties agree that Anthony Whittington Photography, LLC is an independent contractor and shall not be deemed to be an employee of the Client.
No agency, partnership, joint venture, or employee-employer relationship is intended or created by these terms of service. The Client is not authorized to act as an agent or bind Anthony Whittington Photography, LLC.
Anthony Whittington Photography, LLC and the Media or any other deliverables prepared by Anthony Whittington Photography, LLC shall not be deemed a work for hire as defined under Copyright Law.

4. Creation

The manner and method of creating any Media by Anthony Whittington Photography, LLC is solely at the discretion of Anthony Whittington Photography, LLC, and the Client has no right to control Anthony Whittington Photography, LLC’s manner and method of performance under these terms of service.
Anthony Whittington Photography, LLC will use their best efforts to:
- (a) Ensure that the Media conform to the Client’s specifications; and
- (b) Submit all Media to the Client in publishable quality, on or before the applicable deadlines.

5. Fees

All fees and expenses payable under these terms of service are due upon the delivery of the Media and are payable irrespective of whether the Client makes actual use of the Media.
If full payment has not been received within ten (10) days, all rights granted under these terms are revoked at the discretion of Anthony Whittington Photography, LLC. In such an event, the license is contingent upon full payment.
A late fee of 10% of the outstanding balance will be applied daily to any unpaid amounts beyond the ten (10) day period.

6. Cancellation

If the Client cancels within six (6) hours of the scheduled shoot, the Client will pay any expenses incurred and a twenty-five percent (25%) cancellation fee.
For Client cancellations outside of six (6) hours before the property shoot, the Client is not responsible for any fees.

7. Transfer and Assignment

The Client may not assign or transfer these terms of service or the rights provided herein without written consent from an authorized member of Anthony Whittington Photography, LLC and Anthony Whittington himself.
Anthony Whittington Photography, LLC reserves the right to assign its interests under this agreement.

8. No Exclusivity

These terms of service do not create an exclusive relationship between Anthony Whittington Photography, LLC and the Client.
Anthony Whittington Photography, LLC shall be entitled to offer and provide similar services to other clients, solicit other clients, and otherwise advertise services.

9. Governing Law and Dispute Resolution

These terms of service set forth the entire understanding of Anthony Whittington Photography, LLC and the Client.
These terms of service shall be governed by, interpreted, and enforced in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
Any disputes arising under or in connection with these terms of service shall be resolved through binding arbitration in the State of Florida, in accordance with the rules of the American Arbitration Association.

10. Limitation of Liability

Under no circumstances shall Anthony Whittington Photography, LLC be liable for any indirect, incidental, special, or consequential damages, including loss of profits or revenue, arising out of or related to these terms of service, even if advised of the possibility of such damages.
Anthony Whittington Photography, LLC's total liability for any claims arising under these terms of service shall not exceed the total amount paid by the Client to Anthony Whittington Photography, LLC under this agreement.

11. Severability

If any term or other provision of these terms of service is determined to be invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of these terms of service shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to Anthony Whittington Photography, LLC.

12. Entire Agreement

These terms of service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the parties.

STR Media

1. Scope and Modification

These terms of service apply to any photograph, video, digital assets, or digital images taken by Anthony Whittington Photography, LLC and delivered to the Client (collectively known as "Media") for the purpose of advertising short-term rental properties managed or owned by the Client.
These terms of service govern the relationship between Anthony Whittington Photography, LLC and the Client.
Any modifications to these terms must be in writing and signed by both parties to be effective.

2. Rights and Licensing

All Media and rights relating to them, including copyright and ownership rights in the Media in which the Media are stored, remain the sole and exclusive property of Anthony Whittington Photography, LLC.
The Client is granted a limited, non-exclusive, non-transferable license to use the Media solely for advertising their short-term rental property on online platforms and social media. The license is valid while the property is advertised as a rental by the Client.
Media used for any purpose not directly related to the rental of the property must be with the express permission of Anthony Whittington Photography, LLC and the payment of additional fees, unless otherwise agreed to in writing.
Anthony Whittington Photography, LLC retains all copyrights and ownership rights in the Media. Amenity and drone Media may be reused by Anthony Whittington Photography, LLC for other clients.
Media may contain copyright management information at the discretion of Anthony Whittington Photography, LLC in the form of either:
1. A copyright notice; and/or
2. Other copyright and ownership information embedded in the metadata or elsewhere.
Removing and/or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA). The Client agrees to indemnify and hold harmless Anthony Whittington Photography, LLC against any unauthorized use, alteration, or removal of such information and any resulting penalties or awards.

3. Relationship of the Parties

[Same as above in Listing Media]

4. Creation

[Same as above in Listing Media]

5. Fees

[Same as above in Listing Media]

6. Cancellation

[Same as above in Listing Media]

7. Transfer and Assignment

[Same as above in Listing Media]

8. No Exclusivity

[Same as above in Listing Media]

9. Governing Law and Dispute Resolution

[Same as above in Listing Media]

10. Limitation of Liability

[Same as above in Listing Media]

11. Severability

[Same as above in Listing Media]

12. Entire Agreement

[Same as above in Listing Media]

Additional Considerations

Indemnification:

The Client agrees to indemnify, defend, and hold harmless Anthony Whittington Photography, LLC, its members, employees, and agents from any and all claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or related to:
- (a) The Client's use of the Media outside the scope of this agreement.
- (b) Any breach of these terms by the Client.
- (c) Any violation of law or the rights of a third party by the Client.

Dispute Resolution:

Any disputes arising under or in connection with these terms of service shall be resolved through binding arbitration in the State of Florida, in accordance with the rules of the American Arbitration Association.
The parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Florida for purposes of enforcing any arbitration award.

Entire Agreement Clause:

These terms of service, along with any exhibits or schedules attached hereto, constitute the entire agreement between the parties concerning the subject matter hereof.
This agreement supersedes all prior agreements, representations, and understandings of the parties, written or oral.