Service Agreement


Water’s Edge Real Estate and Digital Photography Service Agreement 

 


This Service Agreement (the “Agreement”) is an agreement between you (the “Customer”) and Water’s Edge Real Estate and Drone Photography (“WERED”, “us”, “our”, or “we”). We provide customers with photographic and video services, materials, and resources in digital, electronic, and print forms (“Deliverables”), as defined below, for the sole purpose of and to showcase their real estate and commercial properties by providing individualized and personalized content and images directly to the Customer through digital platforms, electronic media, including the WERED Website (https://tobydawsonphotography.pixieset.com/) and secure cloud-based shared folders, such as Microsoft OneDrive (“OneDrive”) and Google Drive (“Drive”).  


This Agreement details WERED’s obligations and commitments to you, and your obligations and commitments to us. This Agreement is the entire Agreement between WERED and the Customer. Use of the WERED Website or OneDrive or Drive secure cloud-based folders in any way is your agreement to adhere to and comply with the terms of this Agreement.  


1. Deliverables We Own 

All Deliverables available on or through WERED’s Website, OneDrive, or Drive, or otherwise provided by or through WERED or its owner’s including, but not limited to, photographs and videos, layout design (look and feel), graphics, audio, files, documents, or other related materials, as well as all derived works thereof, are owned by us or third parties that have licensed their services or products to us, and are protected by copyright, trademark, trade secret, and other intellectual property laws.  


All WERED trademarks, logos, slogans, photographs and videos are the property of WERED. All other trademarks, logos, and slogans are the property of their respective owners. Unless otherwise specifically provided herein, no interaction between WERED and the Customer is to be construed as granting any license or right to use any trademarks, logos, or slogans displayed on the WERED Website without our express written permission, or the express written permission of the third party that may own the trademark, logo, or slogan. 


In summary, WERED exclusively owns and retains all worldwide rights, including copyright, in and to all Deliverables provided in any form and via any method to the Customer. 


2. Deliverables Licensing 

Customer is granted a one-time, limited, non-transferable license to use WERED provided Deliverables for any advertising, marketing, or promotional purposes associated with Customer’s efforts to sell/lease or offer to sell or lease the property depicted in the Deliverables, including, but not limited to, use in a print and online real estate listings and Customer’s advertisement of listings. This Agreement terminates when the Customer completes the sale or lease of the subject property. The Customer is hereby granted the right to use WERED Deliverables after this Agreement terminates for the limited purpose of referencing that the subject property depicted in the Deliverables is a property previously listed, sold, or leased by the Customer.  


WERED does not grant or in any way provide the Customer with any right to share, transfer, sell or, otherwise provide WERED Deliverables to any third party that is not related to the sell or lease of the subject property. If a third-party desires to use WERED Deliverables, then the third party must first contact WERED to inquire about purchasing a license. 


3. Right To Use Our Deliverables 

The Deliverables provided to the Customer on the WERED Website or OneDrive or Drive are for the Customer’s use only as outlined elsewhere in this Agreement. The Customer is not permitted to store, copy, reproduce, republish, sell, assign, modify, upload, translate, sell, distribute, transfer, transmit, or display the Deliverables or otherwise distribute in any way the Deliverables other than as specifically permitted in this Agreement.  


Any use of the Deliverables for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent from us, as applicable, is expressly prohibited. WERED reserves all rights not expressly granted in this Agreement. 


4. Copyright Policy 

The Customer must notify or alert WERED at watersedge.red@gmail.com to any perceived copyright infringement within ten (10) business days after discovery of the perceived copyright infringement.  


5. Guidelines 

Customer agrees to: 


  • Ensure the provided email address(es) and mobile phone number(s) provided to schedule an appointment are always valid.  
  • Ensure use of WERED Deliverables as contained in this Agreement.  
  • Ensure no attempt or engage in any activity that directly or indirectly interferes with the proper operation of the WERED Website, OneDrive, or Drive. 

6. Deliverables Fees 

Current pricing for WERED Deliverables is listed here: https://tobydawsonphotography.mypixieset.com/real-estate-details/ 


7. Arbitration 

The Customer acknowledges a violation or attempted violation of any portion of this Agreement may cause material damage to WERED. WERED and the Customer agree to third-party arbitration, using an arbitrator as selected by WERED, in the event the Customer violates any portion of this Agreement and to use printed and digital versions of all related documents in the arbitration proceedings. 


The Customer agrees to pay all direct and indirect costs associated with the arbitration, including, but not limited to, fines and judgements, and to reimburse WERED for any incurred costs resulting from the arbitration. 


8. Miscellaneous 

  • If any portion of this Agreement is found to be unenforceable by law, the remaining portion of this Agreement will remain in full force and effect. 
  • If WERED fails to enforce any of this Agreement, it is not considered a waiver. 
  • Any amendment to or waiver of this Agreement must be agreed to in advance by WERED and a printed version signed by legal representation of WERED and the Customer. 
  • All WERED rights and obligations under this Agreement may be assigned by us due to a merger, acquisition, or sale of assets, or by required by law or otherwise. 
  • This Agreement does not include or confer any third-party beneficiary rights.