Terms and Conditions

Terms and Conditions

Effective Date: [Insert Date]

Welcome to Capture & Close Real Estate Imagery, LLC ("Capture & Close," "Company," "we," "our," or "us"). These Terms and Conditions govern your use of our website, services, products, and communications.

By accessing our website, scheduling services, purchasing services, or otherwise engaging with Capture & Close, you agree to be bound by these Terms and Conditions.

1. Services

Capture & Close Real Estate Imagery provides professional real estate media services, including but not limited to:

• Real estate photography
• Drone photography and videography
• Video production
• Matterport and 3D tours
• Floor plans
• Twilight photography
• Virtual staging
• Agent branding content
• Social media content creation
• Event photography and videography
• Headshots and branding photography
• Related media and marketing services

Services will be performed as described in the applicable order, proposal, quote, invoice, booking confirmation, or written agreement.

2. Booking and Scheduling

Appointments are considered confirmed once:

• The appointment is scheduled through our booking system; or
• Written confirmation is provided by Capture & Close.

Clients are responsible for ensuring that properties are ready for photography or videography at the scheduled time.

Capture & Close reserves the right to reschedule appointments due to:

• Severe weather
• Equipment failure
• Safety concerns
• Circumstances beyond our reasonable control

3. Property Preparation

The Client is responsible for ensuring the property is fully prepared before the scheduled appointment.

Capture & Close is not responsible for:

• Cleaning
• Decluttering
• Staging
• Landscaping
• Moving furniture
• Removing personal property

Any additional editing requests resulting from inadequate property preparation may incur additional fees.

4. Fees and Payment

Payment is due according to the terms stated on the invoice, proposal, or booking confirmation.

Capture & Close reserves the right to:

• Require payment before delivery
• Suspend services for unpaid balances
• Charge reasonable late fees where permitted by law

All fees are non-refundable once services have been rendered except as expressly stated in writing.

5. Cancellations and Rescheduling

Cancellation by Client

Appointments canceled:

• More than 24 hours before the scheduled appointment may be canceled without penalty.
• Within 24 hours of the scheduled appointment may be subject to a cancellation fee of up to 50% of the scheduled service amount.
• After Capture & Close arrives on site may be charged up to 100% of the scheduled service amount.

Rescheduling

Clients may reschedule appointments subject to availability.

Weather-related drone rescheduling may occur at no additional charge when conditions are unsafe or unsuitable for aerial operations.

6. Delivery of Media

Estimated delivery times are not guarantees.

Typical delivery times may include:

• Photography: Next business day
• Video projects: 3–10 business days
• Matterport tours: 1–3 business days
• Special projects: As agreed upon

Delivery delays caused by circumstances beyond our control shall not constitute a breach of these Terms.

7. Intellectual Property

All photographs, videos, floor plans, drone imagery, and related media remain the intellectual property of Capture & Close Real Estate Imagery, LLC unless otherwise agreed in writing.

Capture & Close grants the Client a limited, non-exclusive, non-transferable license to use delivered media solely for marketing and promotion of the property or business identified in the order.

The license does not transfer ownership of the media.

8. Restrictions on Use

Unless expressly authorized in writing, Clients may not:

• Sell the media to third parties
• Transfer usage rights to another agent, broker, builder, or homeowner
• Alter watermarks or copyright notices
• Resell media as stock photography
• Use media for unrelated commercial purposes

If a property is re-listed by another agent, a new license may be required.

9. Drone Operations

All drone operations are conducted in compliance with applicable laws and regulations, including applicable rules of the Federal Aviation Administration.

Drone services are subject to:

• Weather conditions
• Airspace restrictions
• Temporary flight restrictions
• Safety considerations
• Pilot discretion

Capture & Close reserves the right to cancel or modify drone services when necessary.

10. Property Access and Permissions

The Client represents that they have the legal authority to grant access to the property and authorize photography, videography, and related media production.

The Client agrees to obtain any necessary permissions from:

• Property owners
• Occupants
• Homeowners associations
• Property managers
• Tenants

Capture & Close shall not be liable for unauthorized access or use resulting from inaccurate information provided by the Client.

11. Client Content

If the Client provides logos, branding materials, music, text, graphics, or other content, the Client represents that they possess all necessary rights to use such materials.

The Client agrees to indemnify and hold harmless Capture & Close from claims arising from Client-supplied materials.

12. Marketing Use by Capture & Close

Unless otherwise agreed in writing, Capture & Close may use photographs, videos, and other media created during a project for:

• Portfolio display
• Marketing materials
• Social media
• Website content
• Advertising
• Industry awards and publications

Clients requesting confidentiality must notify Capture & Close in writing before the appointment.

13. Limitation of Liability

To the fullest extent permitted by law, Capture & Close shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, loss of business opportunities, or loss of goodwill.

Capture & Close's total aggregate liability arising out of or relating to any service shall not exceed the total amount actually paid by the Client for the specific service giving rise to the claim.

14. Indemnification

The Client agrees to defend, indemnify, and hold harmless Capture & Close Real Estate Imagery, LLC and its owners, employees, contractors, and representatives from any claims, liabilities, damages, losses, costs, or expenses arising from:

• Property access issues
• Unauthorized use of media
• Client-provided materials
• Violation of these Terms
• Negligence or misconduct by the Client

15. Disclaimer of Warranties

Services are provided on an "as-is" and "as-available" basis.

Capture & Close makes no warranties, express or implied, regarding:

• Specific marketing results
• Sale of property
• Increased property value
• Lead generation outcomes
• Website availability

16. Force Majeure

Capture & Close shall not be liable for delays or failure to perform resulting from circumstances beyond reasonable control, including:

• Severe weather
• Natural disasters
• Government actions
• Power outages
• Internet outages
• Equipment failures
• Labor disruptions

17. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles.

18. Dispute Resolution

The Parties shall first attempt in good faith to resolve any dispute informally within 30 days after written notice of the dispute.

If the dispute cannot be resolved informally, the Parties agree to submit the dispute to mediation in Virginia before initiating litigation, except where a Party seeks emergency injunctive or equitable relief.

19. Severability

If any provision of these Terms is determined to be unenforceable, the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms and Conditions constitute the entire agreement between the Parties regarding website use and general service terms and supersede prior discussions relating to the same subject matter.

21. Contact Information

Capture & Close Real Estate Imagery, LLC
Website: Capture & Close Real Estate Imagery
Email: chad@captureandclose.com
Phone: 757-810-9356

By using our website, booking services, or purchasing services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.