AWP MEDIA – TERMS OF SERVICE

Last Updated: June 3, 2025

These Terms of Service (“Terms”) govern the relationship between Anthony Whittington Photography, LLC d/b/a AWP Media (“AWP Media,” “we,” “us,” or “our”) and the client (“Client,” “you,” or “your”) for the creation and delivery of real estate photography, videography, digital images, or related media (“Media”).

By booking a service, placing an order, or receiving Media from AWP Media, you agree to these Terms.

1. Property Readiness

  • The property must be fully “camera ready” at the start of the appointment window. This includes cleaning, decluttering, staging, and ensuring all lights are operational.

  • Clients should review and provide homeowners with our Pre-Shoot Checklist prior to the appointment.

  • If a property is not ready when the AWP Media Specialist arrives, the home will be photographed “as is.”

  • Alternatively, the Client may reschedule subject to a trip fee of $0.60 per mile traveled.

  • If you wish to provide input on angles or features, you must:

    • meet the photographer at the beginning of the appointment, or

    • include notes in the order form.

  • In the absence of guidance, AWP Media will use professional judgment to determine the best angles and compositions.

2. Order Details & Accuracy

  • The Client is responsible for entering accurate property information at the time of booking.

  • If incorrect details are provided (e.g. square footage, service selection, property type), AWP Media reserves the right to adjust pricing accordingly.

  • Listing Media pricing applies to single-dwelling residential properties only.

  • Commercial, multi-unit, or specialty properties require a custom quote.

3. Scope & Modifications

  • These Terms apply to all Media created and delivered by AWP Media.

  • No modifications to these Terms are valid unless in writing and signed by both parties.

  • Additional services not included in the original order may incur additional fees.

4. Rights, Licensing & Intellectual Property

AWP Media retains all copyrights and ownership to all Media created unless otherwise agreed in writing.

4.1 Listing Media License

For real estate listing purposes, the Client is granted a:

  • Limited

  • Non-exclusive

  • Non-transferable

  • Temporary

license to use the Media solely for marketing the property for sale.
Once the property is sold, the license automatically expires and further use requires purchasing a new license.

4.2 Prohibited Uses

Client may not:

  • Transfer or assign rights to another party

  • Use Media for additional properties or future listings

  • Use Media for brokerage marketing, builder marketing, or non-listing branding

  • Alter, sell, or resell Media

  • Remove copyright metadata or watermarks

4.3 DMCA Protection

Media may include copyright notices or embedded metadata.
Removing or altering copyright information violates the Digital Millennium Copyright Act (DMCA) and may result in penalties.
Client agrees to indemnify and hold AWP Media harmless for any unauthorized use of Media.

5. Relationship of the Parties

  • AWP Media is an independent contractor, not an employee or agent of the Client.

  • No partnership, joint venture, or employment relationship is created by these Terms.

  • Media created by AWP Media is not a “work for hire.”

6. Creation & Production Standards

  • AWP Media retains full creative control over the manner, method, and style of production.

  • We will make reasonable efforts to:

    • meet deadlines, and

    • deliver Media in publishable quality.

Client understands that photography and videography are subjective arts, and aesthetic interpretations may vary.

7. Fees & Payment Terms

  • All fees are due upon delivery of the Media.

  • Use of the Media is not permitted until payment is received in full.

  • Payments not received within 10 days may result in:

    • automatic revocation of all usage rights, and

    • a 10% late fee applied daily until paid.

  • Once paid, usage rights re-activate per Section 4.

8. Cancellation Policy

  • Cancellations within 24 hours of the scheduled shoot incur:

    • 25% cancellation fee, plus

    • reimbursement of any expenses incurred.

  • Cancellations made more than 24 hours in advance incur no fee.

  • Weather-related postponements are handled on a case-by-case basis.

9. Transfer & Assignment

  • Client may not transfer or assign license rights without written permission from AWP Media.

  • AWP Media may assign its interest in these Terms at its discretion.

10. No Exclusivity

Nothing in these Terms restricts AWP Media from working with other clients, including competitors of the Client.

11. Governing Law & Dispute Resolution

  • These Terms are governed by the laws of the State of Florida.

  • Any dispute must be resolved through binding arbitration in Florida under the rules of the American Arbitration Association.

  • Any court action needed to enforce an arbitration award shall occur exclusively in Florida state or federal courts.

12. Limitation of Liability

To the fullest extent permitted by law:

  • AWP Media is not liable for indirect, incidental, special, or consequential damages, including lost revenue or profits.

  • AWP Media’s total liability shall not exceed the total amount paid by the Client for the specific service giving rise to the claim.

13. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.

14. Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior discussions or representations.

15. Additional STR Media Terms (Short-Term Rental Media)

The following terms apply when Media is commissioned for short-term rental (STR) advertising.

15.1 STR License

Client receives a:

  • Limited

  • Non-exclusive

  • Non-transferable

license to use the Media for advertising the Client’s rental property while the Client actively manages or owns it as a short-term rental.

15.2 Additional Rules for STR Media

  • Media may not be transferred to another owner or management company without AWP’s written permission.

  • Amenity or community images may be reused by AWP Media for other clients.

  • All copyright and DMCA protections in Section 4 apply fully.

All other sections (3–14) apply equally to STR Media.

16. Indemnification

Client agrees to indemnify and hold harmless AWP Media, its owners, employees, and contractors against all claims or damages arising from:

  • Unauthorized use of Media

  • Breach of these Terms

  • Violations of law or third-party rights

  • Misrepresentations about ownership or usage rights

17. Consent to Receive Communications

By booking a service, submitting a form, or providing your contact information, you consent to receive:

  • Text messages (SMS/MMS)

  • Emails

  • Phone calls (including automated calls)

These may include service updates, appointment reminders, and marketing content.

  • Texts: Reply STOP to unsubscribe

  • Emails: Use the unsubscribe link

  • Calls: Notify us during the call or via email

We do not sell your contact information.

Contact Information

AWP Media
Anthony Whittington Photography, LLC
Email: [email protected]
Website: https://www.awp.media