GENERAL TERMS AND CONDITIONS
Welcome to Cassanas! We’re delighted that you’ve selected us as your trusted marketing partner. The following terms and conditions are set to guide our collaboration. For a clearer understanding of our processes and standards, we strongly recommend reviewing all our terms and company policies.
By booking our services through any platform — whether via phone, email, or our website — you acknowledge and fully agree to these terms and conditions.
SERVICE & PRODUCTION REQUESTS:
To ensure the best results of the service & production requested, please be sure the property is READY prior to the scheduled call time.
TURNAROUND TIME:
Creating quality content takes time. Once on site, Cassanas will need between 1-4 hours depending on the services requested. Delays that may arise could affect or jeopardize the production schedule and turnaround time for delivery.
*Cassanas may not always be able to provide these services.
PHOTOGRAPHY REVISIONS:
Full photo editing is included in our pricing. However, any specialized Photoshop work such as cleaning driveways, patching grass, trimming trees, coloring walls or floor, fixing holes, or tidying pool and patio areas will incur an additional charge of $10 per photo for what we like to call 'digital handyman' tasks:
VIDEO EDITING & POST-PROCESSING:
Cassanas property videos typically follow a format of drone footage followed by property walk-through, with royalty-free music. If another format is needed, the Client must provide specific requirements or details to Cassanas prior to the start of the shoot.
DELIVERY:
All deliverables will be sent via dropbox link. We encourage all clients to download all files to a hard drive, dropbox or storage of their choice, right after delivery. Delivery links will auto delete. Cassanas is not responsible for lost or stolen data.
BOOKKEEPING:
Cassanas keeps track of all your orders in our payment portal. Cassanas is not responsible for keeping track of client accounts or invoicing. We encourage all clients to create a document where they can keep track of all their own expenses.
SOLICITATION:
The Client shall not, directly or indirectly, solicit or attempt to solicit any employee or contractor of Cassanas to terminate their employment or contractor relationship with Cassanas, or hire or attempt to hire any employee or contractor of Cassanas , for any reason without the express written consent of Cassanas .
TRAVEL COST:
In the event that travel is needed outside our standard service area, there will be an additional $100 per hour travel fee. This fee covers our Creative Specialists' time and operating costs. Outside of state travel will require an airfare and logging fee depending on location.
SATURDAY & SUNDAY FEE:
Weekend shoots are subject to availability. In the event that a weekend shoot is requested, there will be an additional $100 weekend fee. This fee covers overtime for our Creative Specialists for working on a day off.
CANCELLATION & POSTPONEMENT POLICY:
We understand that sometimes schedule adjustments are necessary. Therefore, we offer some flexibility for the Client to cancel or postpone projects. The Client must notify Cassanas of any necessary changes to the schedule 24 hours in advance.
WEATHER POLICY:
There may be events when services cannot be fulfilled due to weather. In those circumstances, the decision about the shooting is up to the Client. Cassanas will give advice, but If the Client proceeds with production, Cassanas will provide to the best of our ability to complete the shoot. If additional outdoor production is required on another day with better weather, standard rescheduling rates will apply. If there is predictable bad weather, please reschedule with us at least 24 hours before the shoot. Cancellations must be made 24 hours in advance.
WORK PRODUCT OWNERSHIP:
Any copyrightable works, intellectual property, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by Cassanas shall be the exclusive property of Cassanas . Cassanas reserves the right to use video, and photos for advertising, display, publication, or other purposes. All photos, samples, videos, and proofs remain the exclusive property of Cassanas unless waived by amendment to this agreement. The unauthorized use of photographs/video is a copyright violation and will result in the termination of this written contract.
LIMITED LICENSING RELEASE:
In order to provide the Client with the best service and support at reasonable pricing, Cassanas does not sell exclusive rights to the Work Product, content, or intellectual property produced. Cassanas licenses their use. The fee quoted is dependent on (1) payment of the invoice in full prior to the scheduled production call time, and (2) using the video/photographs only as indicated.
Cassanas grants the Client / Broker / Developer a Limited Usage License for all marketing material associated with the related images or the client's self-promotion. All image Copyright legally resides with Cassanas , photos may be used in Cassanas or photographer's portfolio and for in marketing campaigns. Any use of the images by a third party (outside magazine, blog, digital publication, design firm, etc. for purposes of their own self-promotion) is strictly prohibited unless approved by Cassanas or photographer and may be subject to an additional fee. Payment for the photo shoot and associated licensing fees must be made before the license is granted and photos are delivered.
USAGE:
The Work Product provided by Cassanas may be uploaded to any social media, personal website, or MLS listing services by the Client, for the promotion of the listing during the pendency of this Agreement, or as a part of the listing portfolio to be used for lead generation or soliciting new business. However, regardless of any terms and conditions of the MLS, at no time does this Agreement provide the right to transfer copyright, licenses, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106.
PROPERTY OWNER APPROVAL:
The Client may need to obtain written signed approval from the property owner prior to servicing or producing the Work Product. Cassanas can provide (at request) a written approval form. Cassanas makes every effort to maintain the privacy of the property owner's neighbors. All footage is focused on the property being filmed and Cassanas will do their best to respect the privacy of anyone not directly involved. If necessary, the Client may be required to ask for permission from neighbors before Cassanas begins filming.
EQUIPMENT DAMAGES:
The Client may need to obtain written signed approval from the property owner prior to servicing or producing the Work Product. Cassanas can provide (at request) a written approval form. Cassanas makes every effort to maintain the privacy of the property owner's neighbors. All footage is focused on the property being filmed and Cassanas will do their best to respect the privacy of anyone not directly involved. If necessary, the Client may be required to ask for permission from neighbors before Cassanas begins filming.
SEVERABILITY:
If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
The undersigned further expressly agrees that the forgoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
PAYMENT & LATE FEES:
Payment is due after the project date unless stipulated otherwise for special circumstances. Overdue payments are subject to a $50/month late fee at our discretion. Payments overdue past a month are subject to an additional $50/month or 10%/month late fee at our discretion. Booking a service with us means you agree to and understand the payment schedule on your quote/order and the applicable late fees for non-payment.
ACKNOWLEDGEMENT OF UNDERSTANDING:
I have read the entirety of this Agreement, waiver of liability, assumption of risk, and indemnity agreement, and fully understand its terms. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature or decision to proceed with Cassanas servicing or producing the Work Product to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Waiver of Liability and Assumption of Risk Agreement
Use of Premises
By ordering services from Cassanas , the Client agrees to the entirety of the following Agreement for any and all productions or work associated with this project. We hope these policies are helpful and instructional as we work together to create beautiful content for your marketing needs.
WAIVER
In consideration of the service(s) to be conducted and project(s) to be produced at the premises, its satellite, or other extensions of said premises related to this project, I, myself, my business, or any other entity I represent including my broker, clients, heirs, representatives or assignees, do hereby release, waive, discharge, and covenant not to sue Cassanas , Corp, hereafter referred to as "Cassanas ," its trustees, directors, officers, employees, contractors, and/or agents from liability from any and all claims including negligence resulting in personal injury, accidents, or illnesses (including death) and property loss arising from the use of or presence at said premises.
INDEMNIFICATION AND HOLD HARMLESS:
I also agree to indemnify and hold harmless Cassanas LLC, its trustees, directors, officers, employees, contractors, and agents, from any and all claims, actions, suits, costs, expenses, damages, and liabilities including attorney fees as a result of this project and the use of premises.
ASSUMPTION OF RISK:
Production during the current Florida Executive Order N-33-20 stipulates certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries, accidents, or illnesses. I have read the previous paragraphs and I know, understand, and appreciate these and other risks are inherent in the activity. I am participating in. I hereby assert that my participation and position is voluntary and that I knowingly assume all such risks
Last Revised May 2024