CALL NOW: 231-946-1360
CALL NOW: 231-946-1360
Effective Date: August 17, 2026
The website at www.bluelavamedia.com and the professional media services, features, and content offered by RTV, Inc., doing business as BlueLaVaMedia (collectively, the “Services”) are owned and operated by RTV, Inc., doing business as BlueLaVaMedia (“BlueLaVaMedia,” “we,” “us,” or “our”), a Michigan corporation with its principal place of business in Traverse City, Michigan. BlueLaVaMedia has adopted this Terms of Service Agreement (“Agreement”) to inform you (“Client” or “you”) of your rights and obligations when accessing or using the Services. If you do not agree with any part of this Agreement, you are prohibited from using the Services and must discontinue use immediately.
PLEASE READ THIS AGREEMENT CAREFULLY. BY SCHEDULING OR USING OUR SERVICES, ACCESSING THE WEBSITE, OR CLICKING TO ACCEPT WHERE PRESENTED, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.
BlueLaVaMedia may, from time to time and in its sole discretion, modify, update, or replace this Agreement. When it does, the Effective Date above will be updated, and material changes will be communicated where required by law. Your continued use of the Services after the Effective Date of any modification constitutes acceptance of the revised Agreement.
“Client” or “you” means any individual or business that schedules, orders, or uses the Services, or that visits or uses the website.
“Services” means the website and the professional real estate media services made available by BlueLaVaMedia, including photography, aerial drone imagery, virtual tours, video walkthroughs, and related media and delivery services.
“Media” means the photographs, videos, aerial imagery, virtual tours, floor plans, and other media produced or delivered by BlueLaVaMedia.
By scheduling services, creating an account, or using the website, you acknowledge that you have read and agree to this Agreement and consent to transact electronically. You represent that you are at least eighteen (18) years of age, that you have the legal capacity to enter into this Agreement, and that, if accepting on behalf of an entity, you have authority to bind that entity. You further represent that you will comply with all applicable laws and that you are not located in, or a national or resident of, any jurisdiction subject to comprehensive U.S. trade sanctions, and are not on any U.S. government list of prohibited or restricted parties.
Certain Services may require you to create an account or provide booking information. You represent that all information you provide is accurate, current, and complete, and you agree to keep it updated. You are responsible for maintaining the confidentiality of any account credentials and for all activity under your account, and you agree to notify BlueLaVaMedia immediately of any unauthorized access. BlueLaVaMedia reserves the right, in its sole discretion and without notice or liability, to suspend, restrict, or terminate your account or access for any reason, including violation of this Agreement.
The Services are intended for business and professional use and solely for individuals who are at least eighteen (18) years of age. BlueLaVaMedia does not knowingly provide the Services to, or collect personally identifiable information from, persons under eighteen (18).
BlueLaVaMedia will make commercially reasonable efforts to maintain the Services but may suspend, restrict, or discontinue the Services or any part of them at any time, without notice, including for maintenance or events beyond its control, and makes no guarantee of availability or uninterrupted access.
You acknowledge that BlueLaVaMedia owns or has valid rights in and to the website and its content, including all intellectual property rights, and the Media, subject to the license granted below. The website and Media are protected by U.S. and international intellectual property laws. BlueLaVaMedia grants you a limited, non-exclusive, non-sublicensable, revocable license to access and use the website for its intended purposes. All rights not expressly granted are reserved to BlueLaVaMedia. All BlueLaVaMedia marks, logos, and trade dress are the property of BlueLaVaMedia and may not be used without prior written consent.
You may use the website only as expressly permitted and solely for its intended purpose. You understand that the website is provided AS IS and AS AVAILABLE and may be modified, suspended, or discontinued at any time without notice. You have a duty to keep your information truthful, current, and accurate, and you are prohibited from providing information that impersonates another or violates the rights of a third party.
BlueLaVaMedia offers professional real estate media services, including photography, aerial drone imagery, virtual tours, and video walkthroughs. Each service includes basic editing such as exposure, color correction, contrast, and sharpening. Advanced edits, such as object removal, sky replacement, or virtual staging, are available upon request for an additional fee.
We strive to deliver Media promptly. Typical delivery times are next business day for still photography; 48 hours for bundled services, aerial drone media, 360-degree panoramic photography, agent and social media videos, floor plans, interior video walkthroughs, twilight photography, and virtual staging; and 72 hours for interactive floor plans and enhanced property lines. We are closed on Sundays and national holidays. Delivery estimates are not guarantees and may be affected by weather, equipment failure, illness, internet outages, third-party providers, order volume, and national holidays. BlueLaVaMedia is not liable for delays beyond its reasonable control.
Payment is due in full before final Media is delivered, unless prior arrangements have been made in writing. Pricing is based on the selected service package and time spent on-site, is provided at the time of booking, and is subject to change. Additional services or extended on-site time may incur extra charges communicated in advance. Payments are processed by a secure third-party payment processor, and by submitting payment you represent that your payment information is accurate and that you are authorized to use the payment method.
Any invoice that remains unpaid beyond 30 calendar days from the invoice date is past due and subject to a late fee of 1.5% per month (18% annually) or $25.00, whichever is greater. Accounts unpaid beyond 60 days may be referred to a collection agency or legal counsel, and you agree to reimburse reasonable collection costs, including collection-agency fees, legal fees, court costs, and administrative processing fees. Any use, publication, or distribution of BlueLaVaMedia’s Media prior to full payment constitutes copyright infringement and may result in civil and statutory damages under U.S. copyright law (17 U.S.C. Section 504).
The following cancellation and refund schedule applies: before we arrive on-site, a full refund will be issued; after arrival but before shooting begins, a fee of $65 will be deducted for time and travel; after photography has begun, a fee of $125 will be deducted for time spent capturing and editing; and after delivery of final Media, no refund will be issued. Cancellation or rescheduling requests must be made at least 48 hours in advance to avoid these fees. Weather-related rescheduling will be accommodated without penalty.
Upon full payment, Clients are granted a non-exclusive, non-transferable license to use the delivered Media solely for marketing the specific property for which the services were rendered, including on MLS listings, print materials, websites, and social media. Media may not be sold, transferred, sublicensed, or distributed to third parties, including builders, stagers, or other agents, without BlueLaVaMedia’s prior written consent.
All Media produced by BlueLaVaMedia is protected under U.S. copyright law, and BlueLaVaMedia retains full ownership of all Media. Clients are granted only the license described above. BlueLaVaMedia may use and display the Media for its own portfolio, marketing, and promotional purposes unless otherwise agreed in writing.
Clients are responsible for ensuring property access, utility availability, property readiness, safety conditions, restraint of pets, and removal of personal items and valuables prior to the scheduled shoot. Our photographers do not clean, stage, move furniture, organize rooms, or secure valuables. If a property is not ready upon arrival, BlueLaVaMedia reserves the right to photograph the property as-is, reschedule the appointment, or charge additional fees. A property preparation checklist is available upon request.
Mileage fees apply to appointments outside a 35-mile radius of downtown Traverse City, Michigan. Properties beyond this range will be charged $1 per additional mile, based on round-trip distance.
Certain services depend on weather conditions, including drone photography and video, twilight photography, and exterior photography. BlueLaVaMedia reserves the right to postpone or reschedule services when weather conditions may negatively affect quality, safety, legality, or equipment operation. Weather-related rescheduling will be accommodated whenever practical and will not incur cancellation penalties.
All drone operations are subject to Federal Aviation Administration (FAA) regulations, airspace restrictions, weather conditions, and safety requirements. BlueLaVaMedia reserves the right to cancel or modify drone services where airspace restrictions exist, weather conditions are unsafe, FAA authorization cannot be obtained, or safety concerns exist. No refund is owed for drone limitations beyond BlueLaVaMedia’s control.
Floor plans and measurements are provided as marketing tools only. Measurements are approximate and should not be relied upon for construction, engineering, appraisal, legal documentation, or boundary determinations. Buyers and sellers should independently verify all measurements. BlueLaVaMedia assumes no liability for measurement inaccuracies.
Virtual staging, object removal, sky replacement, virtual renovations, and similar services are digitally enhanced representations that may not accurately reflect the current condition of the property. Client is responsible for complying with all MLS, brokerage, REALTOR, and advertising disclosure requirements regarding digitally altered images.
Where BlueLaVaMedia provides property websites, landing pages, marketing flyers, or social media assets, Client remains solely responsible for listing accuracy, pricing information, property descriptions, compliance with MLS rules, and compliance with the Fair Housing Act and all applicable fair housing laws.
You agree not to use the website or Services to violate any law or the rights of third parties; to infringe intellectual property rights; to use bots, scrapers, or automated means to access the website; to circumvent or interfere with security features; to impose a disproportionate load on the website; to reverse engineer any part of the website; to upload malware or harmful code; to use the website to train any artificial intelligence or machine-learning model without consent; or to suggest an affiliation with or endorsement by BlueLaVaMedia that does not exist.
Visiting the website or contacting us constitutes electronic communications. You consent to receive electronic communications from BlueLaVaMedia, and you agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that they be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, and you waive any right requiring a non-electronic signature or record.
BlueLaVaMedia offers SMS messaging as an optional communication service for customers who opt in. By providing your mobile phone number and giving your express consent, you agree to receive SMS messages regarding your relationship with BlueLaVaMedia, which may include appointment confirmations, scheduling updates, photography job notifications, project status updates, billing notices, customer service communications, service announcements, and account notifications. BlueLaVaMedia does not send unsolicited marketing text messages; SMS communications are sent only to individuals who have requested information or expressly opted in.
Opt-In and Consent. SMS messages are sent only to individuals who have expressly opted in by providing their mobile phone number and granting consent through one of our website contact forms, appointment scheduling, project requests, or during customer onboarding.
PROVIDING CONSENT TO RECEIVE SMS MESSAGES IS VOLUNTARY AND IS NOT A CONDITION OF PURCHASING ANY GOODS OR SERVICES FROM BLUELAVAMEDIA.
Opt-Out. You may opt out at any time by replying STOP to any text message; opt-out requests are processed promptly. For assistance, reply HELP or contact us at [email protected].
Message Frequency and Fees. Message frequency varies depending on your interactions with BlueLaVaMedia and the services you request. Message and data rates may apply according to your mobile carrier’s plan.
Carrier Liability. Wireless carriers are not liable for delayed or undelivered messages, and SMS delivery depends on effective transmission by your wireless carrier and factors outside BlueLaVaMedia’s control.
Disclaimer of Warranties
BLUELAVAMEDIA PROVIDES THE WEBSITE AND SERVICES ON AN AS-IS AND AS-AVAILABLE BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THIS EXCLUSION MAY NOT APPLY TO YOU.
BlueLaVaMedia is not liable for any damage, loss, or injury that occurs at the property during a shoot, except in cases of gross negligence or willful misconduct by our staff.
BLUELAVAMEDIA WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOSS OF BUSINESS, INCOME, OR OPPORTUNITIES. THE MAXIMUM AMOUNT BLUELAVAMEDIA CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT YOU PAID, IF ANY, FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND IN NO CASE WILL THAT AMOUNT EXCEED $100.00 USD. IF NO AMOUNT IS PAID, YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, IN WHICH CASE THIS LIMITATION MAY NOT APPLY.
You agree to hold harmless, indemnify, and defend RTV, Inc., doing business as BlueLaVaMedia, its officers, employees, agents, successors, and assigns, from and against any claims, demands, losses, damages, and actions of any kind that directly or indirectly arise out of or relate to your use of the website or Services, your provision of property access, your marketing or communications activities (including any claim under the Telephone Consumer Protection Act or CAN-SPAM Act), your violation of this Agreement or applicable law, or your violation of the rights of a third party. BlueLaVaMedia may control its own defense and choose its counsel, and this obligation survives termination.
This Agreement remains in effect so long as the Services are offered. BlueLaVaMedia may terminate this Agreement or refuse service at any time, without liability, for any reason, including your violation of this Agreement.
WITHOUT LIMITING ANY OTHER PROVISION, BLUELAVAMEDIA RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO THE WEBSITE AND SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON.
The following provisions survive termination: Licensing and Usage Rights, Copyright and Ownership of Media, Disclaimer of Warranties, Liability and Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.
You may not assign your rights or obligations under this Agreement. BlueLaVaMedia may assign its rights and obligations at any time, including in a sale of the business.
This Agreement is governed by and construed in accordance with the laws of the United States of America and the State of Michigan, without giving effect to any conflict-of-law principles. The parties submit to personal jurisdiction in Michigan, with venue proper in Grand Traverse County, Michigan. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is excluded.
PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.
(a) Informal Resolution. Before initiating arbitration, the complaining party must send a written Notice of Dispute describing the claim and the relief sought to BlueLaVaMedia at [email protected]. The parties will attempt to resolve the dispute informally for thirty (30) days after the Notice is received.
(b) Binding Arbitration. Except as provided in Section (h), any dispute, controversy, or claim arising out of or relating to this Agreement or the Services, including its breach, termination, enforcement, interpretation, and validity, shall be resolved by binding arbitration on an individual basis. This arbitration agreement is governed by the Federal Arbitration Act. Arbitration will be administered by the American Arbitration Association under its Consumer or Commercial Arbitration Rules, as applicable, before a single arbitrator in Grand Traverse County, Michigan, applying Michigan law and applicable federal law. For claims under $10,000, you may elect to proceed by telephone, videoconference, or written submission. The award is final and binding and may be entered as a judgment in any court of competent jurisdiction.
(c) Delegation. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that it is void or voidable.
(d) Fees. BlueLaVaMedia will pay all AAA filing, administration, and arbitrator fees for any arbitration it initiates, and for arbitrations you initiate, BlueLaVaMedia will pay all fees exceeding what you would pay to file a comparable claim in a court of general jurisdiction in your state of residence, provided the claim is not frivolous.
(e) Class Action and Jury Waiver. THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.
(f) Mass Arbitration; Confidentiality. If twenty-five (25) or more similar demands are filed by or with the assistance of the same law firm or coordinated group, the AAA Mass Arbitration Supplementary Rules will apply. All aspects of the arbitration, including the award, shall be strictly confidential except as necessary to enforce the agreement or award or to seek equitable relief.
(g) Injunctive Relief; IP Carve-Out; Small Claims. Either party may bring an individual action in small-claims court, and either party may seek injunctive or equitable relief in the state or federal courts located in Grand Traverse County, Michigan to protect intellectual property or confidential information.
(h) Opt-Out. You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first agreeing to this Agreement, including your name, the email associated with your account, and a clear statement that you are opting out. If you opt out, all other provisions of this Agreement remain in effect.
(i) Survival; Severability. This arbitration agreement survives termination. If the class action waiver is found unenforceable in a particular proceeding, the entire arbitration agreement is null and void as to that proceeding only, which may proceed in court.
Severability. If any provision is found unenforceable, it shall be modified to the minimum extent necessary or severed, and the remaining provisions shall remain in effect.
No Waiver. No term will be deemed waived unless in writing and signed by the party to be charged.
Force Majeure. BlueLaVaMedia is not liable for any failure or delay caused by events beyond its reasonable control, including weather, acts of God, and third-party service outages. Nothing in this Agreement creates a partnership, joint venture, or agency relationship.
Entire Agreement. BlueLaVaMedia incorporates its Privacy Policy into this Agreement. This Agreement and the incorporated Privacy Policy constitute the entire agreement between the parties regarding the Services.
Reservation of Rights. BlueLaVaMedia reserves all rights not expressly granted herein.
The Services are not directed to persons under the age of eighteen (18), and BlueLaVaMedia will not knowingly collect personally identifiable information from anyone under eighteen (18). If BlueLaVaMedia inadvertently collects such information, it will delete it in accordance with applicable law and the Privacy Policy.
Any notice required by this Agreement must be in writing and sent to:
RTV, Inc., doing business as BlueLaVaMedia
1844 Oak Hollow Drive, Suite A, Traverse City, MI 49686
