Terms of service.

These Terms of Service ("Terms") govern your engagement with and use of services and products provided by Trevor Melton Photography, a Florida-based business (hereinafter referred to as "Trevor Melton," "We," "Us," or "Our"). By purchasing, scheduling, or using any of Our services or products, you ("Client," "You," or "Your") agree to be bound by these Terms.

1. Services Offered

Trevor Melton provides a range of photography services, specializing in luxury real estate and architectural photography. This includes, but is not limited to, high-end property shoots, aerial/drone photography (where applicable), content creation for marketing purposes, and per-image licensing for print and/or web use.

1. Agreement to Terms

By making a payment for any services or products offered by Trevor Melton, or by otherwise engaging Our services, the Client signifies their full understanding and acceptance of these Terms and Conditions.

1. Scheduling and Appointments

3.1. Appointment Scheduling

Appointment scheduling is available via online submission or direct contact. We will endeavor to select a time that considers potential weather conditions; however, ensuring favorable conditions at the scheduled time is ultimately the responsibility of the Client.

3.2. Right to Reschedule

Trevor Melton reserves the right to change, modify, or reschedule Your appointment based on logistical needs, weather conditions, or other factors necessary to best serve Our network of clients. In such instances, You will be notified via phone call, text, and email as soon as reasonably practicable.

3.3. Confirmation and On-Site Cancellation/Rebooking

We will confirm Your appointment one (1) hour prior to Our team’s departure to the shoot location. If the appointment is cancelled or rebooked by the Client on-site after this one-hour confirmation, a late cancellation/rebooking fee equivalent to 25% of the total session fee will apply.

1. Travel and Parking Charges

4.1. Mileage Charges

Mileage charges will be waived for most appointments. However, if a shoot location involves a round-trip distance of one hundred (100) miles or more from Our team’s current location (either their residence or the Company office), a travel fee of $1.00 per mile for the excess mileage will be added to the total appointment cost.

4.2. Parking Fees

If parking fees are incurred by Our team during the shoot, We will choose the most cost-effective option available. Any such parking charges will be itemized and billed directly to the Client.

1. Investment and Payment

5.1. Service Cancellation Credit

In the event that a shoot or service package (excluding retainers, which are subject to their own terms) needs to be cancelled entirely by the Client with proper notice as defined herein, and has been paid in full, the paid amount may be credited to Your account for future services, valid for one (1) year from the date of cancellation. No cash refunds will be issued.

5.2. Per-Image Licensing

In addition to full packages, Trevor Melton offers per-image licensing for print and/or web use. Licensing fees are determined based on the intended use (e.g., print, web, or both) and must be paid in full prior to delivery of the licensed images. Specific licensing terms will be outlined in a separate agreement or invoice.

1. Rescheduling and Cancellation Policy (Non-Retainer Services)

6.1. Flexibility

We strive to be flexible in rescheduling appointments due to inclement weather or other unforeseen circumstances.

6.2. Client-Initiated Cancellations (Less than 48 Hours' Notice)

Cancellations made by the Client with less than forty-eight (48) hours' notice prior to the scheduled appointment time will incur a $100.00 cancellation fee.

6.3. No-Shows

A "no-show" is defined as the Client not being available or the property not being accessible thirty (30) minutes past the scheduled booking time. No-shows are subject to a $100.00 cancellation fee.

6.4. On-Site Cancellation/Rebooking (Post-Confirmation)

As stated in Section 3.3, if an appointment is cancelled or rebooked by the Client on-site after Our one-hour pre-departure confirmation, a fee of 25% of the total session cost will apply.

1. Photography, Editing, and Creative Discretion

7.1. Creative Discretion

Trevor Melton retains full creative discretion over shot selection, composition, editing style, and the overall artistic direction of the final photographs and media assets, unless specific creative parameters have been agreed upon in writing in advance of the shoot.

7.2. Additional Images/Alternate Takes

Should You require additional images or alternate takes beyond the original scope of the agreed-upon services, such requests will be subject to additional fees, billed at Our prevailing rates.

1. Liability and Safety

8.1. Unsafe Conditions

Our team reserves the absolute right to postpone, cancel, or modify a shoot if conditions (including but not limited to weather, proximity to hazards, or other safety concerns) are deemed unsafe or unfeasible for Our personnel or equipment.

8.2. Refusal of Service

We reserve the right to refuse photography or other media services for any reason, at Our sole discretion.

1. Property Readiness

9.1. Client Responsibility

The Client is solely responsible for ensuring that the property is "shoot-ready" prior to Our team’s scheduled arrival time. A pre-shoot checklist will be provided with Your appointment confirmation, detailing recommended preparations such as turning on all lights, decluttering spaces, removing personal items, and ensuring vehicles are removed from driveways or other areas to be photographed.

1. Return Charges/Reshoot Fees

If a reshoot or return visit is required due to the property not being ready as per Section 9, or due to changes in decor requested by the Client after the initial shoot, or for requests for additional images beyond the original scope that necessitate a new site visit, a fee of $150.00 (or a higher amount commensurate with the scope of the reshoot) may be applied at Our discretion.

1. Asset Delivery

11.1. Delivery Timeline

The final edited photographs will typically be delivered within two to five (2-5) business days of the shoot date. Any complex projects may require up to seven (7) business days for delivery. These timelines are estimates and may vary based on project complexity and current workload.

11.2. Delivery Method

All deliverables will be provided via a secure online link (e.g., Dropbox, client gallery, or a similar platform).

1. Refund Policy

12.1. All Sales Final

All sales for services and licensed images are final. Trevor Melton does not offer any money-back guarantees.

12.2. Credit for Cancellations

As stated in Section 5.1, any cancelled appointments (non-retainer) that have been paid for and are eligible according to these Terms may receive a credit on Your account for use within one (1) year.

1. Photo Revisions

13.1. Complimentary First Round

The first round of reasonable photo revisions is complimentary, provided that such revisions are within the original scope of the project and do not arise from a lack of property readiness or changes to the property post-shoot.

13.2. Subsequent Revisions

Any subsequent rounds of revisions, or revisions outside the original scope, will be billed at a rate of $100.00 per hour, with a one-hour minimum.

1. Asset Rights and License (Service Deliverables)

14.1. Ownership

All photographs and other media assets created by Trevor Melton, including all copyrights, ownership rights, and intellectual property rights therein, remain the sole and exclusive property of Trevor Melton Photography.

14.2. Client License

Upon full and final payment for the services or per-image licensing, Trevor Melton grants the Client a non-exclusive, non-transferable, worldwide, royalty-free license to publicly display and distribute the final delivered photographs solely for promotional purposes directly related to the marketing and sale of the specific property for which the assets were created. For per-image licensing, the license is limited to the specified use (print, web, or both) as outlined in the invoice or agreement.

14.3. Restrictions

This license does not permit the Client to duplicate, edit, re-edit, transform, create derivative works from, or sell the photographs to any third party without the prior express written consent of Trevor Melton. Raw files are not included in the standard deliverables unless explicitly agreed upon in writing and may be subject to additional fees.

1. Media Asset Usage by Trevor Melton

Trevor Melton reserves the right to use any media assets captured during the shoot (including photographs and other forms of media content) for its own marketing, promotional, and portfolio purposes. This may include usage on Our website, social media channels, online portfolios, advertising materials, and for entry into industry competitions.

1. Client Consent

By engaging the services of Trevor Melton Photography, You acknowledge that You have read, understood, and agreed to these Terms and Conditions. You consent to the capture of photographs of the property and individuals present (with their prior consent obtained by You where necessary) and to the use of such photographs by Trevor Melton as outlined herein, with no further approvals required from You for Trevor Melton's promotional use. This consent for Trevor Melton's promotional use is perpetual and irrevocable for the purposes stated.

1. Federal Law Compliance Clause

The Client acknowledges that certain requested shots or photography activities, including but not limited to those involving aerial or drone footage, may be subject to federal, state, or local laws, statutes, ordinances, and regulations (including FAA rules). Trevor Melton cannot and does not guarantee its ability to provide or capture any specific shot if obtaining it would, in Trevor Melton's sole judgment, require or risk a violation of applicable law or regulation, or compromise safety. The Client agrees to adjust creative requests accordingly and accepts that any shot deemed non-compliant with legal or safety requirements will be omitted or modified by Trevor Melton to ensure full compliance.

1. Media Usage Policy (Specific to Service Deliverables)

18.1. Final Media Assets

The final edited photographs delivered to You constitute the complete and final product of Our creative services under the agreed scope. Once approved and delivered, no further re-editing or alterations will be performed by Trevor Melton unless agreed upon in a separate contract and subject to additional fees.

18.2. No Re-Editing by Client

The Client agrees that the final photographs are provided “as is” and shall not be re-edited, altered, or modified in any way by the Client or any third party on behalf of the Client. Any requests for changes must be submitted to Trevor Melton as per the revision process outlined in Section 13. Post-delivery modifications by the Client are not permitted without explicit, written consent from Trevor Melton and may incur additional charges or be considered a breach of license.

18.3. License Grant (Reiteration)

Upon full payment, Trevor Melton grants the Client a non-exclusive, non-transferable license as detailed in Section 14.2. This license is limited strictly to the delivered final photographs and does not extend to any raw files, project files, or preliminary creative materials.

18.4. Asset Ownership and Usage Rights (Reiteration)

All photographic content—including the final product, raw files, project files, and any underlying creative materials—remains the sole and exclusive property of Trevor Melton. The Client’s rights are strictly limited to the use provided under the granted license. The Client may not duplicate (beyond reasonable backup), resell, modify, or create derivative works from the final photographs without Our prior written consent.

18.5. Promotional Use by Trevor Melton (Reiteration)

Trevor Melton reserves the right to use portions or the entirety of the final photographs, as well as any related behind-the-scenes content, for its own marketing and promotional purposes as detailed in Section 15. The Client acknowledges that no additional compensation will be provided for such usage.

18.6. Compliance and Indemnity

The Client agrees to use the final photographs in compliance with all applicable laws, regulations, and platform-specific terms of service. The Client shall indemnify and hold harmless Trevor Melton Photography, its officers, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to the Client's unauthorized modifications, distribution, or use of the final photographs, or any use that infringes upon third-party rights or violates applicable laws.

18.7. Non-Payment and Unauthorized Use

18.7.1. Full Payment Requirement: The license granted herein for the use of final photographs is strictly contingent upon receipt of full payment by Trevor Melton for all services rendered. Until full payment is received, the Client shall have no rights to use, display, distribute, or otherwise exploit the final photographs in any manner.

18.7.2. Unauthorized Use Prohibition: Should the Client use or attempt to use the final photographs without having made full payment, or in any manner that violates these Terms or the granted license, Trevor Melton reserves the right to immediately revoke any and all granted licenses and pursue all available legal remedies. Such remedies may include, but are not limited to, issuing DMCA takedown notices, seeking injunctive relief, and claiming monetary damages for breach of contract, copyright infringement, and any other applicable causes of action.

18.7.3. Prevention of Misuse: This clause is specifically intended to prevent situations where a Client might attempt to withhold payment while concurrently using Trevor Melton's work product. The Client expressly agrees that any such misuse will subject them to full legal liability, including, but not limited to, claims for the outstanding service fees, additional damages for unauthorized use, legal costs, and any other relief deemed appropriate by a court of competent jurisdiction.

1. Limitation of Liability

To the fullest extent permitted by applicable law, Trevor Melton Photography shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) Your access to or use of or inability to access or use the services or products; (b) any conduct or content of any third party on the services; or (c) unauthorized access, use, or alteration of Your transmissions or content. In no event shall Trevor Melton's aggregate liability for all claims relating to the services exceed the total amount paid by You to Trevor Melton for the specific services from which the claim arose in the preceding six (6) months.

1. Indemnification

You agree to defend, indemnify, and hold harmless Trevor Melton Photography, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) Your use and access of the Service, by You or any person using Your account and password; b) a breach of these Terms, or c) Content posted on the Service.

1. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

1. Entire Agreement

These Terms constitute the entire agreement between You and Trevor Melton Photography regarding Our Service, and supersede and replace any prior agreements We might have had between Us regarding the Service.

1. Modifications to Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after any revisions become effective, You agree to be bound by the revised terms.