The Small Print - Terms and Conditions

Preparing the Property

Tidy homes sell fast. Please ensure the home is ready for our arrival.

Work outside of Project Scope

Additional production or editing services outside of the project scope may incur additional charges at our standard production rate of $130 per hour. We'll inform you beforehand if anything is beyond the project scope.

Rescheduling, Weather & Cancellations

Please provide at least 24 hours' notice if you need to reschedule or cancel the appointment. You can reschedule the appointment twice due to weather without incurring any fees if postponed before we arrive on location. If a third reschedule is necessary, a small fee will be added to the final invoice. Cancellations within 24 hours are billed at $150. If our team arrives onsite, and the shoot needs to be rescheduled or canceled, a fee of $200 will be billed.

Licensing / Copyright

Once complete, the marketing materials created are licensed to you under a non-transferable and non-exclusive license agreement. Any additional party wishing to use the materials must arrange a license agreement with Evolve Media Collective. To find out how you can own the full rights to the marketing material, please send us an email request for further details.

Payment Terms

We require a valid credit card on file for booking. Full payment is due upon project completion. If you do not want your credit card details kept on file for future appointments after the project has been billed, please let us know at the time of booking. Late processing fees and interest will be applied to accounts more than 30 days overdue.

Payment can also be made via e-transfer to evolvemediatoday@gmail.com.

General Conditions

Acceptance of Terms

By engaging the services of Evolve Media, you acknowledge and agree to be bound by the terms and conditions outlined herein. If you do not agree with any part of these terms, kindly refrain from engaging in our services.

Client Responsibility

You are responsible for providing accurate and up-to-date information required for the provision of our services. Any delays or issues arising from inaccurate information are not the responsibility of Evolve Media.

Changes to Services and Terms

Evolve Media reserves the right to modify, suspend, or discontinue any aspect of our services at any time. We also reserve the right to update these terms without notice. It is your responsibility to stay informed about our current terms.

Communication

All communications between Evolve Media and the client will be conducted through the provided contact details. It is your responsibility to ensure that your contact information is accurate and up-to-date. We are not liable for any consequences resulting from outdated or incorrect contact information.

Non-solicitation of workers

Both parties acknowledge that any attempt to induce or encourage away any employee or contractor of Evolve Media, its business associates, subcontractors, parent companies, or any affiliated individuals would be detrimental to Evolve Media. Therefore, during your time working with Evolve Media and for three years after the end of your engagement, you agree not to directly or indirectly encourage any Evolve Media employee or contractor to leave their position, disrupt Evolve Media's relationships, discuss job opportunities elsewhere with Evolve Media employees or contractors, or recruit Evolve Media's employees or contractors for competitive positions

Intellectual Property

All intellectual property rights, including copyrights and trademarks, related to our services and content remain the exclusive property of Evolve Media. Unauthorized use, reproduction, or distribution of our intellectual property is strictly prohibited.

Content Ownership, Storage, & Resale

We aim to simplify the licensing process and ensure that everyone benefits from the media we create. Our approach is flexible and affordable, offering various licensing options to allow multiple parties to utilize and share the material for their marketing efforts.

As an expression of gratitude for facilitating connections, a portion of the licensing fee incurred by additional parties is credited to your account. This structure fosters a collaborative environment, enabling all parties to utilize the media freely while ensuring fairness and mutual benefit.

Copyright Notice

It's important to note that the copyright for the content – whether it's an image or a video – remains with the photographer/videographer who captured it. This copyright isn't transferred to any other party unless a specific written agreement is established.

Photo and Video Rights and Usage for Real Estate Professionals

Once payment is made, the original agent or agency that engaged our services obtains a license to employ these images in any electronic or printed form of advertisement intended to promote the property for sale. However, it's imperative to understand that the content cannot be resold to another agent who takes over an expired or withdrawn listing.

Failure to fulfill payment obligations for the images will be considered a copyright infringement/violation. In such cases, you'll be required to promptly remove the image from all electronic and printed forms of advertisement. Continued usage will regrettably lead to legal action.

Photo/Video Rights and Usage for Builders, Stagers, Designers, Homeowners, and Others

For parties such as builders, stagers, designers, homeowners, and others seeking to use images created by Evolve Media Collective, we kindly ask that you reach out to us for precise licensing details. Please be aware that Evolve Media Collective retains rights to the material produced for internal marketing purposes.

At Evolve Media Collective, we're committed to maintaining transparency and ensuring that our licensing terms are straightforward for everyone involved. Feel free to contact us for any further information or clarification.

Ownership and Moral Right to Content

Evolve Media retains full ownership of all content created, collected, assembled, or otherwise gathered in the course of standard services. Clients purchase the right to use the content within a specified context but do not gain ownership of the content itself.

Content Resale

Evolve Media reserves the right to resell any and all content created or gathered during normal contracted services. This includes photos, videos, and any other media captured or produced by our team.

Stolen Content

In the event that content created under our copyright is used for commercial purposes beyond the original purchase without authorization, Evolve Media reserves the right to seek remedies and recover damages.

Archived Materials

While Evolve Media does not guarantee content retention, our practice is to keep all content for a minimum of 2 years, barring unforeseen digital content loss. Clients are encouraged to keep backups of their purchases after the initial download links are sent.

Content Capture Conditions

Photography and videography services are subject to weather conditions. We reserve the right to reschedule shoots in case of precipitation or excessive wind, which may compromise the quality of the content.

Twilight photography and videography must be captured in the approximately 30-minute window around sunset. Clear skies are not necessary, but precipitation or excessive wind will lead to the rescheduling of twilight shoots.

Floor Plans

The accuracy of floor plans is within industry standards, with measurements accurate within 2% of as-built dimensions. Square footage includes the thickness of walls, and shared walls estimate half the wall thickness.

Furniture is not included in floor plans, and the client is responsible for proofing and identifying any errors, including typographical, labeling, and space type errors.

Aerial Photography/Videography

A licensed commercial UAV pilot operates our drones in compliance with Transport Canada standards and regulations. Any aerial work not approved by our pilot, spotter, or governing authorities will be non-negotiable.

The UAV is not flown in any form of precipitation for safety reasons. Shoots affected by weather conditions will be rescheduled at the soonest possible opportunity.

Limitation of Liability and Waiver of Claims

By using our services, you acknowledge and agree that Evolve Media shall not be liable for any dissatisfaction or disappointment arising from the use of our products or services. To the maximum extent permitted by applicable law, you waive any claims, demands, or causes of action against Evolve Media, its affiliates, directors, employees, agents, and partners, and agree not to initiate any legal proceedings or litigation against them in relation to any dissatisfaction with the product or services provided.

Indemnification

You agree to indemnify and hold Evolve Media, its employees, and agents harmless from any claims, damages, or losses arising from your use of our services, including but not limited to, any violation of these terms, infringement of intellectual property, or any third-party claims.

Limitation of Liability

In no event shall Evolve Media, its employees, or agents be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use our services. This includes but is not limited to, damages for loss of profits, data, or other intangible losses, even if Evolve Media has been advised of the possibility of such damages.

Force Majeure

Evolve Media shall not be liable for any failure or delay in the performance of its obligations if such failure or delay is due to circumstances beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, labor disputes, pandemics, or governmental restrictions.

Termination of Services

Evolve Media reserves the right to terminate services to any client for reasons including but not limited to non-compliance with these terms, overdue accounts, or abusive conduct towards our staff. Termination of services does not release the client from any outstanding financial obligations.

Governing Law

Any dispute arising out of or in connection with these terms shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada.

Entire Agreement

This agreement constitutes the entire agreement between you and Evolve Media regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and representations, whether written or oral.

By using our Services, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions set forth in this Agreement.