BLUELAVAMEDIA TERMS OF SERVICE

Effective Date: January 1, 2026

These Terms of Service (“Agreement”) govern the use of services provided by BlueLaVaMedia, LLC (“BlueLaVaMedia,” “we,” “our,” or “us”).

By scheduling, ordering, purchasing, or using any BlueLaVaMedia service, the client agrees to be bound by these Terms of Service.

1. SERVICES PROVIDED

BlueLaVaMedia provides professional real estate marketing services including but not limited to:

  • Real Estate Photography
  • Aerial Drone Photography
  • Aerial Drone Video
  • Interior Video Walkthroughs
  • Agent Intro Videos
  • Social Media Videos
  • Zillow Showcase Services
  • Floor Plans
  • Interactive Floor Plans
  • Virtual Tours
  • Virtual Staging
  • Twilight Photography
  • Property Websites
  • Marketing Materials
  • Other Media Services

All services include standard editing unless otherwise specified.

Advanced editing services including object removal, sky replacement, image manipulation, virtual staging, virtual renovations, and other specialty services may incur additional fees.

BlueLaVaMedia reserves the right to modify service offerings at any time.

2. DELIVERY TIMELINES

Estimated delivery timelines are as follows:

Next Business Day:

  • Still Photography

Within 48 Hours:

  • Zillow Showcase Bundles
  • Aerial Photography
  • Aerial Video
  • 360 Photography
  • Agent Videos
  • Social Media Videos
  • Floor Plans
  • Interior Video Walkthroughs
  • Twilight Photography
  • Virtual Staging

Within 72 Hours:

  • Interactive Floor Plans
  • Enhanced Property Lines

Delivery estimates are not guarantees.

Delivery times may be impacted by:

  • Weather
  • Equipment Failure
  • Illness
  • Internet Outages
  • Third-Party Service Providers
  • Volume of Orders
  • National Holidays

BlueLaVaMedia shall not be liable for delays beyond its reasonable control.

3. PAYMENT TERMS

Payment is due upon receipt of invoice unless otherwise agreed in writing.

BlueLaVaMedia reserves the right to withhold delivery of media until payment has been received in full.

Additional services requested after scheduling may result in additional charges.

All prices are subject to change without notice.

4. LATE FEES, COLLECTION COSTS & COPYRIGHT ENFORCEMENT

Invoices unpaid after thirty (30) calendar days may incur a late fee equal to 1.5% per month (18% annually) or $25.00, whichever is greater.

Invoices unpaid after sixty (60) days may be referred for collection.

Client agrees to reimburse BlueLaVaMedia for reasonable collection costs, including:

  • Collection Agency Fees
  • Attorney Fees
  • Court Costs
  • Administrative Costs

Any use of BlueLaVaMedia media prior to full payment constitutes unauthorized use and may be considered copyright infringement under applicable law.

5. LICENSING & USAGE RIGHTS

BlueLaVaMedia retains full ownership and copyright of all media created.

Upon full payment, Client receives a limited, non-exclusive, non-transferable license to use the media solely for marketing the specific property for which the services were provided.

Permitted uses include:

  • MLS Listings
  • Real Estate Portals
  • Property Websites
  • Social Media
  • Print Marketing Materials

Media may not be:

  • Sold
  • Re-licensed
  • Shared with third parties
  • Used for additional listings
  • Used for commercial advertising

without written permission from BlueLaVaMedia.

Builders, designers, stagers, vacation rental companies, contractors, architects, and other third parties must obtain separate licensing rights.

6. PROPERTY ACCESS & PROPERTY PREPARATION

Client is responsible for ensuring:

  • Property Access
  • Utility Availability
  • Property Readiness
  • Safety Conditions
  • Pet Restraint
  • Removal of Personal Items

BlueLaVaMedia photographers are not responsible for:

  • Cleaning
  • Staging
  • Moving Furniture
  • Organizing Rooms
  • Securing Valuables

If a property is not ready upon arrival, BlueLaVaMedia reserves the right to:

  • Photograph the property as-is;
  • Reschedule the appointment;
  • Charge additional fees.

7. CANCELLATION & RESCHEDULING POLICY

Cancellation Schedule:

Before Arrival:

  • Full Refund

After Arrival But Before Shooting:

  • $65 Service Fee

After Photography Has Begun:

  • $125 Cancellation Fee

After Final Delivery:

  • No Refunds

Rescheduling requests should be made at least forty-eight (48) hours in advance whenever possible.

Weather-related rescheduling will be accommodated whenever practical and will not incur cancellation penalties.

8. WEATHER POLICY

Certain services depend upon weather conditions including:

  • Drone Photography
  • Drone Video
  • Twilight Photography
  • Exterior Photography

BlueLaVaMedia reserves the right to postpone or reschedule services when weather conditions may negatively affect quality, safety, legality, or equipment operation.

9. DRONE SERVICES

All drone operations are subject to:

  • FAA Regulations
  • Airspace Restrictions
  • Weather Conditions
  • Safety Requirements

BlueLaVaMedia reserves the right to cancel or modify drone services if:

  • Airspace Restrictions Exist
  • Weather Conditions Are Unsafe
  • FAA Authorization Cannot Be Obtained
  • Safety Concerns Exist

No refunds shall be owed for drone limitations beyond BlueLaVaMedia’s control.

10. FLOOR PLANS & PROPERTY MEASUREMENTS

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
  • Boundary Determinations

Buyers and sellers should independently verify all measurements.

BlueLaVaMedia assumes no liability for measurement inaccuracies.

11. VIRTUAL STAGING & IMAGE ENHANCEMENT

Virtual staging, object removal, sky replacement, virtual renovations, and similar services are digitally enhanced representations.

Such images 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.

12. PROPERTY WEBSITES & MARKETING MATERIALS

BlueLaVaMedia may provide:

  • Property Websites
  • Landing Pages
  • Marketing Flyers
  • Social Media Assets

Client remains solely responsible for:

  • Listing Accuracy
  • Pricing Information
  • Property Descriptions
  • Compliance With MLS Rules
  • Fair Housing Compliance

13. LIMITATION OF LIABILITY

BlueLaVaMedia’s total liability for any claim arising out of services provided shall not exceed the amount actually paid by the client for the specific service giving rise to the claim.

Under no circumstances shall BlueLaVaMedia be liable for:

  • Lost Sales
  • Lost Commissions
  • Lost Listings
  • Lost Business Opportunities
  • Consequential Damages
  • Incidental Damages
  • Indirect Damages

14. FORCE MAJEURE

BlueLaVaMedia shall not be liable for delays or failures caused by events beyond its reasonable control including:

  • Weather
  • Natural Disasters
  • Power Failures
  • Internet Outages
  • Government Actions
  • Illness
  • Equipment Failure
  • Labor Disputes

15. DISPUTE RESOLUTION

This Agreement shall be governed by the laws of the State of Michigan.

The parties agree to attempt good-faith resolution of disputes before initiating litigation.

Venue for any legal action shall be Grand Traverse County, Michigan.

Attorney Review Note: Counsel should determine whether arbitration language should replace or supplement this provision.

16. TRAVEL & MILEAGE

Appointments located outside a thirty-five (35) mile radius of downtown Traverse City, Michigan may incur travel charges.

Travel charges shall be calculated at $1.00 per mile based upon round-trip mileage beyond the included service radius.

BlueLaVaMedia reserves the right to adjust travel pricing for remote locations, islands, seasonal-access properties, or locations requiring unusual travel arrangements.

17. CHANGES TO THESE TERMS

BlueLaVaMedia reserves the right to update these Terms of Service at any time.

Updated Terms become effective upon posting to the BlueLaVaMedia website.

18. SMS/TEXT MESSAGING TERMS

BlueLaVaMedia offers SMS messaging as an optional communication service for customers who choose to opt in. By providing your mobile phone number and giving your express consent, you agree to receive SMS messages regarding your relationship with BlueLaVaMedia. Messages may include appointment confirmations, scheduling updates, photography job notifications, project status updates, billing notices, customer service communications, service announcements, account notifications, and other communications related to the photography and media services you request from BlueLaVaMedia.

BlueLaVaMedia does not send unsolicited marketing text messages. SMS communications are sent only to customers and individuals who have requested information or expressly opted in to receive text communications.

Opt-In & 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 completely voluntary and is not a condition of purchasing any goods or services from BlueLaVaMedia.

Opt-Out Instructions

You may opt out of receiving SMS messages at any time by replying STOP to any text message. Opt-out requests are processed promptly. After opting out, you will no longer receive SMS communications from BlueLaVaMedia unless you choose to opt in again.

For assistance, reply HELP or contact us at [email protected].

Message Frequency & 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. SMS delivery depends on effective transmission by your wireless carrier and may be affected by factors outside BlueLaVaMedia’s control.

19. CONTACT INFORMATION

BlueLaVaMedia, LLC

Traverse City, Michigan

Phone: (231) 946-1360

Email: [email protected]

Website: www.BlueLaVaMedia.com