MEDIA SERVICE AGREEMENT

Last Updated: March 7, 2025

This Media Service Agreement ("Agreement") serves as a general reference outlining the professional media services offered by Blue Sky 305, LLC, a Florida Limited Liability Company (the "COMPANY").


This version is for public reference. Each CLIENT will receive a personalized agreement detailing the specific services selected, along with customized terms based on their project requirements.

By engaging the COMPANY’s services, the CLIENT agrees to the following terms:


1. SERVICES & DELIVERABLES


Scope of Services

The COMPANY offers a range of media production services, including but not limited to:


  • Photography – Professional photo sessions for various events, real estate (residential & commercial), businesses, and creative projects.
  • Videography – Tailored video production services.
  • Drone & FPV Services – Aerial photography and videography, including cinematic FPV (First-Person View)drone footage for immersive and dynamic perspectives.
  • Editing & Post-Production – Professional image and video editing, color correction, and retouching.
  • Custom Media Solutions – Tailored services based on project scope and requirements.


Delivery & Access

  • Final deliverables will be provided within a the agreed-upon timeframe.
  • The CLIENT will receive access to a private online gallery or designated platform to view and download the final media.
  • The gallery will remain accessible for a specified period, Extended access may require an additional fee.


Editing & Additional Services

  • All images and videos will be delivered in high-quality digital format and professionally edited.
  • Standard photo editing includes color correction, exposure adjustments, and minor retouching. Extensive editing (e.g., background alterations, object removal) may incur additional fees.
  • Additional services such as advanced video editing, extended coverage, or custom graphics must be arranged separately and will be billed accordingly.


Exclusions & Custom Requests

  • Services not explicitly stated in the project agreement are not included.
  • Customizations or add-ons must be discussed in advance and may require a separate agreement or additional fees.


2. PAYMENT TERMS & FEES


Payment & Booking Policy

  • A non-refundable retainer is required upon signing this Agreement to secure the booking.
  • The remaining balance must be paid no later than one (1) week before the scheduled event.
  • If the Agreement is signed less than five (5) days before the scheduled event, full payment is required upfront and is non-refundable.


Accepted Payment Methods

  • Zelle
  • Credit Card – Payments can be made securely through the COMPANY’s website.


Payment Verification & Authorization

By using the COMPANY’s payment platform, the CLIENT confirms that the credit card used for the transaction belongs to the account holder listed on the agreement. The COMPANY may request additional documentation, including:

  • Bank details.
  • A copy of the credit card used for the transaction.
  • Identification documents as required.


Failure to provide the required documentation may result in delays or cancellation of services.


3. CANCELLATIONS, RESCHEDULING & NO-SHOW POLICY


Rescheduling & Weather-Related Adjustments

  • If the CLIENT needs to reschedule, the COMPANY will accommodate the next available date, subject to availability.
  • If weather conditions prevent the session from proceeding safely, the COMPANY reserves the right to reschedule.
  • The CLIENT has 48 hours before the event to decide whether to proceed indoors (if applicable) or reschedule.


Cancellations & Non-Refundable Payments

  • All retainers are non-refundable, with no exceptions.
  • If the CLIENT cancels less than 72 hours before the event, a 50% additional fee will be charged.
  • If the CLIENT cancels due to illness or emergencies, rescheduling may be offered, and all payments will remain as a credit for future services.


Event Timing & No-Show Policy

  • Services will begin and end at the scheduled time.
  • Late arrivals do not guarantee an extension of time.
  • Failure to attend the scheduled event will result in a 100% charge with no refund.


4. MODEL RELEASE, COPYRIGHTS, LICENSING & USAGE


Copyright Ownership & Usage Rights

  • All media created under this agreement is owned exclusively by the COMPANY, in accordance with U.S. copyright law.
  • The CLIENT does not receive copyright ownership, licensing, or exclusive rights unless a separate agreement is executed.


CLIENT Usage Rights & Restrictions

  • Personal Use (Proposals, Events, Family Sessions) → The CLIENT may use the MEDIA freely without restrictions.
  • Commercial Use (Business, Real Estate, Promotional Work) → The CLIENT may not alter, crop, or add branding/watermarks to the MEDIA.


Third-Party Licensing & Prohibited Use

  • The CLIENT may not share, sell, transfer, or sublicense the MEDIA to any third party or affiliated companywithout the COMPANY’s prior written consent.
  • The MEDIA is licensed exclusively for the CLIENT’s use and may not be distributed for any personal, commercial, or promotional purposes beyond what is expressly permitted in this agreement.
  • If a third party or any affiliated company wishes to use the MEDIA, they must contact the COMPANY directlyto obtain the appropriate licensing and pay any associated fees.
  • Unauthorized distribution, modification, or commercial use of the MEDIA without explicit written permissionmay result in legal action and additional fees.


5. LIMIT OF LIABILITY & RESPONSIBILITY


Technical Failures & Media Loss

  • If a technical failure, equipment malfunction, or an Act of God results in irrecoverable content, the COMPANY will issue a pro-rated refund based on completed services.


Failure to Perform Services

  • The COMPANY is not liable for service failure due to:
  • Acts of God (e.g., natural disasters).
  • Acts of government (e.g., national emergencies).
  • Accidents, illness, or unforeseen circumstances.


  • If the COMPANY cannot fulfill the agreement, it will:
  • Notify the CLIENT immediately.
  • Provide a refund or credit based on services rendered.
  • Attempt to secure a replacement professional (if applicable).


6. GENERAL TERMS


  • The COMPANY is an independent contractor and holds no liability beyond the services outlined in this agreement.
  • The CLIENT is responsible for their appearance, props, and any necessary permits for outdoor shoots.
  • All modifications to this agreement must be in writing and signed by both parties.


7. COMMUNICATION & NOTICES


  • All official notices and communications must be in writing and delivered via email.
  • The COMPANY’s official contact details will be provided in the personalized agreement.
  • CLIENT-specific contact details will also be included in their customized agreement.


8. CHANGES TO TERMS & CLIENT RESPONSIBILITY


  • The CLIENT is responsible for regularly reviewing the COMPANY’s website for any updates to this agreement.
  • Continued use of services after modifications constitutes acceptance of the updated terms.
  • If the CLIENT does not agree to any modifications, they must discontinue use and provide written notice of cancellation.


9. BUSINESS HOURS (EASTERN TIME - EST/EDT)


Monday – Friday:

  • March 11 – November 3 (EDT) → 10 AM – 7 PM
  • November 4 – March 10 (EST) → 9 AM – 6 PM


10. QUESTIONS & CONTACT


If you have any questions regarding this agreement, please contact us at:

📧 info@bluesky305.com