Terms of Service
Last Updated: July 6, 2026
Acceptance of Terms
By placing an order, submitting a form, or using any service provided by Anthony Whittington Photography, LLC, doing business as AWP Media, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our services.
Consent to Receive Communications
By providing your contact information and opting in through any form on our website, you consent to receive communications from Anthony Whittington Photography, LLC, including but not limited to text messages (SMS or MMS), emails, and phone calls, including automated or prerecorded messages. These communications may be for marketing, promotional, or informational purposes related to our services. Message and data rates may apply depending on your carrier and plan.
You may opt out of receiving text messages at any time by replying STOP to any message. To opt out of emails, click the unsubscribe link at the bottom of any message. To stop phone calls, notify us directly or inform us during a call.
Wireless carriers are not responsible for delayed, undelivered, or misdirected messages. SMS consent is not shared with third parties. We do not sell or share your contact information with third parties for their marketing purposes without your explicit consent.
Age Requirement
By using our website, submitting forms, or consenting to communications, you confirm that you are at least eighteen (18) years of age. Our services are not intended for individuals under the age of 18, and we do not knowingly collect information from minors.
Property Readiness
The Client is expected to have the property camera ready prior to the beginning of the arrival window. This includes all cleaning and furniture staging. We ask that you have your clients review our Getting Ready checklist. If the AWP Media Specialist arrives at the appointment and the home is not ready, the property will be shot as is. The Client may choose to reschedule the appointment, subject to a trip fee assessed at $0.60 per mile.
We value your feedback and input when choosing angles to photograph the property. If you wish to provide input, please meet the photographer at the beginning of the appointment or add notes in the comments section of the order. Absent your input, the AWP Media photographer will use professional judgment and experience to best highlight the property.
Property Hazard Disclosure
For the health and safety of AWP Media personnel, the Client is required to disclose, prior to the scheduled appointment, any known or reasonably discoverable structural, environmental, biological, or security hazards on or within the property. This includes, but is not limited to, mold, pest infestations, animal waste, chemical exposure, unstable structural elements, or any condition that may pose a risk to personnel.
If AWP Media personnel arrive on-site and encounter undisclosed hazardous conditions that, in the sole judgment of AWP Media, make it unsafe or unreasonable to proceed, AWP Media reserves the right to cancel the appointment upon arrival. In such cases, the Client shall be responsible for a trip fee assessed at $0.60 per mile, and the cancellation shall be treated as a Client-initiated cancellation within twenty-four (24) hours of the scheduled shoot, subject to the cancellation fee set forth in Section 8 of these terms.
Disclosure of a known hazard prior to the appointment will not automatically result in cancellation. AWP Media may, at its discretion, proceed with modified scope, rescheduling, or require that hazardous conditions be remediated prior to the appointment.
Order Details and Accuracy
The Client is responsible for accurately providing all pertinent information at the time the order is placed. We reserve the right to correct inaccurate information and adjust pricing accordingly. Pricing is based on square footage and is listed on our website and order form. Any adjustments due to incorrect information will be communicated promptly. Pricing applies to single dwelling residential properties. Commercial or multi-unit properties require a custom quote.
Listing Media Terms
1. Scope and Modification
These terms apply to all photographs, videos, digital assets, and images produced and delivered by Anthony Whittington Photography, LLC for the purpose of marketing a residential property for sale. Any modifications must be in writing and signed by both parties.
2. Rights and Licensing
All media and related rights, including copyright and ownership, remain the sole and exclusive property of Anthony Whittington Photography, LLC. The Client is granted a limited, non-exclusive, non-transferable license to use the media solely for promoting the sale of the listed property. This license expires automatically upon the sale, withdrawal, or expiration of the listing. Any other use requires prior written permission and may require additional fees. Media may be uploaded to listing services for property promotion only. Copyright ownership is not transferred under any circumstances. Media may include copyright management information. Removal or alteration of such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (17 U.S.C. 1202). The Client agrees to indemnify Anthony Whittington Photography, LLC for any unauthorized use or alteration.
3. Relationship of the Parties
Anthony Whittington Photography, LLC operates as an independent contractor. Nothing in these terms creates an agency, partnership, joint venture, or employment relationship. Media produced is not considered a work made for hire under 17 U.S.C. 101.
4. Creation
The method and manner of media creation is solely at the discretion of Anthony Whittington Photography, LLC. Best efforts will be used to meet specifications and deliver publishable quality media by agreed deadlines.
5. Delivery
Media will be delivered digitally via a download link or online gallery following the completion of editing. Delivery links are active for a period of thirty (30) days from the date of delivery. Anthony Whittington Photography, LLC is not responsible for claims of non-delivery if a valid delivery notification was sent to the email address on file.
6. Warranty Disclaimer
Media is provided in a professional and workmanlike manner consistent with industry standards. Except as expressly set forth herein, Anthony Whittington Photography, LLC makes no warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.
7. Fees
All fees are due upon delivery of media, regardless of use. If payment is not received within ten (10) days of delivery, all rights granted under this agreement may be suspended until payment is received. A late fee of one and one-half percent (1.5%) per month will be applied to any unpaid balance after the ten (10) day period.
8. Cancellation
Cancellations made more than twenty-four (24) hours before the scheduled shoot are not subject to fees. Cancellations made within twenty-four (24) hours of the scheduled shoot will incur a cancellation fee of twenty-five percent (25%) of the total order value, plus any expenses already incurred.
9. Force Majeure
Anthony Whittington Photography, LLC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to severe weather, natural disasters, equipment failure, illness, power outages, or government orders. In such events, the appointment will be rescheduled at the earliest mutually convenient time at no additional charge.
10. Model and Property Releases
The Client represents and warrants that they have obtained, or will obtain, all necessary permissions and releases for any recognizable persons or private property that may appear in the media. Anthony Whittington Photography, LLC is not responsible for claims arising from the Client's failure to obtain such releases.
11. Transfer and Assignment
The Client may not transfer rights without prior written consent. Anthony Whittington Photography, LLC may assign its interests under this agreement without restriction.
12. No Exclusivity
This agreement does not create exclusivity. Anthony Whittington Photography, LLC may provide similar services to other clients.
13. Governing Law and Dispute Resolution
These terms are governed by the laws of the State of Florida. Any disputes shall be resolved through binding arbitration in Florida under the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorneys fees and costs. The parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Florida for purposes of enforcing any arbitration award.
14. Limitation of Liability
Anthony Whittington Photography, LLC is not liable for indirect, incidental, special, or consequential damages. Total liability shall not exceed the total amount paid by the Client under this agreement.
15. Severability
If any provision is found unenforceable, the remaining provisions remain in full force and effect.
16. Entire Agreement
These terms, together with any written order confirmation, constitute the entire agreement between the parties and supersede all prior communications.
Indemnification
The Client agrees to indemnify, defend, and hold harmless Anthony Whittington Photography, LLC, its members, employees, contractors, and agents from any and all claims, liabilities, damages, and expenses, including reasonable attorneys fees, arising out of or related to: the Client's use of media outside the scope of this agreement; any breach of these terms by the Client; or any violation of law or the rights of a third party by the Client.