Terms of Service

1. Agreement

By booking services with Make Waves Media ("we," "us," "our") or using our website at makewavesfl.com, you ("Client") agree to these Terms of Service. Please read them before booking.

Make Waves Media is located at 8285 N Palafox St Suite D, Pensacola, FL 32534. Phone: (850) 397-9710.

2. Services

Make Waves Media provides professional real estate photography, vacation rental photography, and related media services throughout the Pensacola, FL area and Gulf Coast region. Specific services, deliverables, and pricing are confirmed at the time of booking.

3. Booking & Payment

Booking: Services are confirmed upon receipt of your booking request and our written confirmation. We recommend booking at least 48 hours in advance.

Payment: Payment is due upon delivery of photos unless otherwise agreed in writing. Invoices unpaid after 14 days may incur a late fee of 1.5% per month.

Pricing: Quoted prices are valid for 30 days. Travel outside our standard service area may incur additional fees, which will be disclosed before booking is confirmed.

4. Cancellation & Rescheduling

• Cancellations made 24+ hours before the shoot: No charge.
• Cancellations made less than 24 hours before the shoot: A cancellation fee of up to 50% of the quoted service price may apply.
• Same-day no-shows: Full service fee may be charged.

To cancel or reschedule, contact us as soon as possible at (850) 397-9710.

5. Weather Policy

If severe weather (heavy rain, lightning, high winds) is expected to significantly impact photo quality on the day of your shoot, we will contact you to reschedule at no additional charge. Light overcast conditions are generally acceptable and we reserve the right to proceed at our professional discretion.

6. Client Responsibilities

You agree to:

• Ensure the property is clean, decluttered, and ready prior to the scheduled shoot time
• Ensure access to the property is available at the scheduled time
• Obtain any necessary permissions for us to photograph the property

If the property is not ready or accessible at the scheduled time, we reserve the right to charge a delay fee or reschedule at our discretion.

7. Photo Delivery

Standard photo delivery is within 24 hours of the completed shoot. Photos are delivered via a downloadable link sent to the email address provided at booking. Download links are active for 30 days. We recommend downloading and saving your photos promptly.

8. Copyright & Image License

Make Waves Media retains full copyright ownership of all photographs taken.

Upon payment in full, Client is granted a non-exclusive, non-transferable license to use the delivered photographs for the following purposes:

• MLS listings and real estate marketing
• Airbnb, VRBO, and vacation rental platform listings
• Social media promotion of the listed property
• Client's personal or business website

The following uses are NOT permitted without written consent:

• Resale or transfer of photos to third parties
• Use of photos after the listed property is sold or the rental listing is removed (except for portfolio use by the Client)
• Modification or alteration of photos in a way that misrepresents the property

Make Waves Media reserves the right to use any delivered photographs in its own portfolio, website, social media, and marketing materials.

9. Property Access, Authority & Release

By granting Make Waves Media access to a property for photography, Client represents and warrants that Client has the legal authority and permission to do so, including authority from the property owner, landlord, tenant, homeowners' association, or any other party whose consent is required.

Client releases Make Waves Media, its photographers, and agents from any claims, damages, or liability arising from entry onto and photography of the property, except to the extent caused by our gross negligence or willful misconduct.

Client is solely responsible for ensuring that all necessary permissions and releases have been obtained prior to the shoot, including from property owners, tenants, occupants, and any persons who may appear in the photographs. Make Waves Media is not liable for any claim arising from Client's failure to obtain such permissions.

10. Limitation of Liability

To the maximum extent permitted by Florida law, Make Waves Media's total liability for any claim arising from our services is limited to the amount paid for the specific shoot giving rise to the claim.

We are not liable for:

• Loss of income or profit resulting from delayed or non-delivery of photos
• Property damage unless caused by our gross negligence
• Technical issues with third-party download or delivery platforms
• Any indirect, incidental, or consequential damages

11. Indemnification

Client agrees to indemnify and hold harmless Make Waves Media, its owners, and employees from any claims, damages, or expenses (including legal fees) arising from Client's use of the delivered photos outside the license granted in Section 8, or from Client's misrepresentation of a property.

12. Dispute Resolution

We prefer to resolve any disputes informally. If you have a concern, please contact us directly at (850) 397-9710.

If a dispute cannot be resolved informally, it shall be submitted to binding arbitration in Escambia County, Florida under the rules of the American Arbitration Association. Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction.

13. Governing Law

These Terms are governed by the laws of the State of Florida. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Escambia County, Florida.

14. Artificial Intelligence Disclosure

Our website uses artificial intelligence (AI) technology to power certain features:

• Listing Description Generator: Our free MLS listing description tool uses AI to generate property descriptions based on details you provide. These descriptions are generated automatically and should be reviewed and edited by the user before use.
• Blog Content: Some blog posts on our website are drafted or assisted by AI tools and reviewed by our team before publication.
• FAQ Chat Widget: Our on-site chat uses AI to provide answers to common questions. Responses may not always be fully accurate and are not a substitute for direct communication with our team.

Make Waves Media does not guarantee the accuracy, completeness, or suitability of any AI-generated content. All AI-generated listing descriptions, blog posts, and chat responses are provided "as is" for informational purposes only. Users are responsible for reviewing and verifying AI-generated content before relying on it for any business, legal, or marketing purpose.

Our photography services, including all photos, scheduling, and client communications, are performed by real people, not AI.

15. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent version. Continued use of our services after changes constitutes acceptance of the updated Terms.

16. Contact