By creating an account, submitting a booking request, approving a quote, paying an invoice, or using delivered media, you agree to these terms and the policies linked from this Legal Center.
1. Eligibility and authority
You must be at least 18 and able to enter a binding agreement. You represent that the information you provide is accurate and that you have authority to request services at the property, provide access, approve the work, and permit the intended capture and marketing use.
2. Accounts and security
You are responsible for activity under your account and for keeping account access, delivery links, gate codes, and other access information secure. Notify us promptly of unauthorized use. We may suspend access when reasonably necessary to protect the app, our clients, or our business.
3. Booking requests and confirmation
A submitted request is not a confirmed appointment. A booking becomes confirmed only after HeathWade Creative approves it or sends a confirmation. We may propose a different date, time, duration, service, travel fee, or price before confirmation. Availability shown in the app may change until confirmation.
4. Prices, invoices, and payment
Prices shown before checkout are based on the information provided, selected services, property size, travel, and any rush or add-on fees. Material changes to the property or requested scope may require an updated quote. Taxes or government charges may be added when applicable. Invoices are due on the date shown. Stripe processes card and digital wallet payments under its own terms.
Unless we agree otherwise in writing, we may withhold downloads, high-resolution media, licensing rights, or future scheduling while an invoice is unpaid or disputed in good faith.
5. Property readiness, access, and safety
The client is responsible for ensuring the property is safe, accessible, and ready at the confirmed time; obtaining owner, occupant, association, and location permissions; securing pets; identifying hazards; and providing accurate access instructions. Our team may decline or stop work when conditions are unsafe, unlawful, inaccessible, or materially different from the order.
6. Drone, weather, and scheduling conditions
Drone services are subject to pilot judgment, weather, visibility, airspace authorization, temporary flight restrictions, site safety, and applicable aviation rules. Weather forecasts, sunset estimates, maps, routes, and AI recommendations are planning aids, not guarantees. We may reschedule or modify exterior, twilight, or drone work when conditions do not support safe or commercially reasonable capture.
7. Editing, virtual services, and accuracy
Virtual staging, item removal, sky replacement, grass, pool, fireplace, television, and similar enhancements alter the original scene. You are responsible for using altered media consistently with MLS, brokerage, advertising, disclosure, and consumer-protection rules. AI-generated descriptions and captions are drafts that you must review for factual, fair-housing, MLS, and advertising compliance before use.
8. Delivery and review
Turnaround and preferred delivery dates are estimates unless a signed agreement expressly guarantees a deadline. Review delivered media promptly and report a technical error or material scope issue within seven calendar days. Reasonable corrections within the agreed scope may be made at our discretion. New creative direction or work outside the original scope may require an additional fee.
9. Copyright and client license
HeathWade Creative retains copyright in the media unless a written agreement expressly transfers it. After required payment, the ordering client receives a nonexclusive, nontransferable license to use the delivered media to market the photographed property and the client’s related real estate services. The client may supply the media to the property owner, brokerage, MLS, and advertising platforms solely for that authorized marketing.
The license does not permit resale, relicensing, stock use, unrelated property promotion, removal of embedded rights-management information, or use by an unrelated agent or vendor without written permission. Unless the client requests confidentiality in writing before the shoot and we agree, we may display completed media in our portfolio, website, social channels, awards, and business promotion after the listing is public or the client authorizes release.
10. Client-provided materials
You retain ownership of logos, headshots, floor plans, music, copy, and other materials you provide. You grant us permission to use them to complete the order and represent that you have the rights needed for that use.
11. Reviews, messages, and acceptable use
Do not misuse the app, attempt unauthorized access, interfere with security, upload malicious or unlawful content, impersonate another person, or use the services to violate privacy, intellectual-property, fair-housing, aviation, advertising, or other laws. Reviews and messages must be truthful and respectful. We may remove content or limit access to protect users and operations.
12. Third-party services
The app relies on third-party services for identity, hosting, payments, email, texting, maps, weather, and AI features. Their terms and privacy practices also apply to their services. We are not responsible for a third party’s independent acts, outages, or content.
13. Disclaimers and limitation of liability
To the extent permitted by law, the app, planning information, and services are provided “as available.” We do not guarantee uninterrupted access, a particular sales result, property value, MLS acceptance, or marketing performance. Our total liability arising from a specific order will not exceed the amount paid to HeathWade Creative for that order, except where a limitation is prohibited by law. We are not liable for indirect, incidental, special, or consequential damages to the extent permitted by law.
14. Governing law and disputes
These terms are governed by Georgia law, without regard to conflict-of- law principles. Before filing a claim, the parties agree to make a good-faith effort to resolve the issue directly. Any court proceeding will be brought in a court with jurisdiction where HeathWade Creative has its principal place of business, unless applicable law requires otherwise.
15. Changes and contact
We may update these terms prospectively by posting a revised version. Continued use after the effective date constitutes acceptance of the updated terms. Questions may be sent to heathwadecreative@gmail.com.