By using Surface and Sky Photography, you agree to the following policies, terms and conditions.
Surfaceandsky.com and any associates provide their services to you subject to the following conditions. If you visit this website, you accept these conditions. Please read them carefully.

Geographic Coverage Areas

Surface and Sky services the following counties in the State of Florida: Broward, Palm Beach and Miami-Dade. For all other areas please call to request a quote.

Payment

To book your session, we require a $100 deposit. This deposit will officially hold your session date and time. The remaining balance is due on or before the day of your session. In the event legal action is necessary to collect any balances due, you agree to reimburse Surface and Sky for all expenses incurred to recover sums due, including attorney’s fees and other legal expenses.

Reschedules and Cancellations

If rescheduling or a cancellation is necessary, please try do so with a minimum of 24 hours notice. Every effort will be made to accommodate any rescheduling requests. A $50 last minute rescheduling fee will be charged for any non/weather related reschedules within 24 hours of the scheduled session. For cancellations, deposits will be fully reimbursed unless the cancellation is made 24 hours before the scheduled session. In the case of a cancellation within 24 hours of the scheduled session, a $100 last minute cancellation fee will be charged.

Photography and Videography Services

In the unlikely event photographs or videos do not meet our quality standards, we will re-shoot the property at no charge to you. If however, additional photos or videos are requested, additional fees will apply.

Clients of Surface and Sky are responsible for the following:

Making sure the property is made available with access for the photographer to all areas of the property that will be shot.

Making sure the property is photo ready and clean prior to the shoot. All locations will be shot “AS IS”.

If the property is not ready at the scheduled time for the photographer, the client may choose to cancel the session. 24 hour notice of reschedule or cancellation is required or fees may apply.

Once completed, and upon reciept of any outstanding balances, the client will be provided an electronic link via email to download their finished photos and/or videos. For photography, the client will be provided with 2 sets of images (one set of high resolution images, and one set of images optimized for the internet). For videography, the client will be provided with the finished fully composited video(s).

Files will be available to download free of charge for up to 3 months after the photo shoot. The files will be archived for 6 months from the photogrpahy date. A fee of $50 will be charged if you require an archive retrieval of the files. *Note: Not all files may be retrieved/unarchived. After the six months, a brand new package will need to be ordered.

Order Fulfillment

Once an order has been fulfilled, it cannot be refunded. If you are unhappy with the results, we will work to try and meet your expectations by making resonable product revisions or reshooting the location. For all other additions or revision above and beyond the scope of the originally agreed upon work, a new order must be placed and paid in full.

Electronic Communications

When you visit Surfaceandsky.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Surfaceandsky.com or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Surfaceandsky.com, with copyright authorship for this collection by Surfaceandsky.com, and protected by international copyright laws.

You may not upload copyrighted material to Surface and Sky servers. You assume all responsibility for verifying that you have the copyright or permission to use any digital upload whether text, audio, video, or image on our servers. If you do not hold the copyright to a particular file that you wish to upload, you must provide written proof to Surface and Sky that you have permission from the copyright holder to upload and use the digital file. Surface and Sky uses purchased royalty-free audio files to be used for background audio on our videos. If a copyright dispute arrises, Surface and Sky will provide the client with proof of purchase and right to use information. Surface and Sky holds the copyright to any video or imagery shot by Surface and Sky photographers. You hereby absolve Surface and Sky and accept responsibility for any copyright infringement enforcement if such enforcement occurs.

Trade Marks

Surfaceandsky.com's logos or trademarks and trade dress may not be used in connection with any product or service that is not Surfaceandsky.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Surfaceandsky.com. All other trademarks not owned by Surfaceandsky.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Surfaceandsky.com or its subsidiaries.

Limitations of Liability

With respect to how any location is represented or depicted in any photograph or video that Surface and Sky takes, we do not determine or verify the accuracy of floor plans, furnishing colors, furniture placement or the accuracy of any other item with regard to the dimension, scale, actual layout, color correctness of the images used to represent the property. Surface and Sky accepts no liability for the accuracy of any of these items. If for any reason litigation arises that causes purchaser of any Surface and Sky product or service to bring litigation against Surface and Sky or any of its subsidiaries, affiliates, subcontractors or employees, it is hereby agreed that the maximum damages that could be awarded to those utilizing Surface and Sky’s visualization services and/or platform would be a total amount not greater than the amount paid to Surface and Sky or its subsidiaries, affiliates, subcontractors or employees any of whom may be acting on Surface and Sky’s behalf. Accuracy is to be verified by the client.

License and Site Access

Surfaceandsky.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Surfaceandsky.com. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Surfaceandsky.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Surfaceandsky.com and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Surfaceandsky.com's name or trademarks without the express written consent of Surfaceandsky.com. Any unauthorized use terminates the permission or license granted by Surfaceandsky.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Surfaceandsky.com so long as the link does not portray Surfaceandsky.com, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Surfaceandsky.com logo or other proprietary graphic or trademark as part of the link without express written permission.

Reviews, Comments, Emails and other Content

Visitors may post reviews, comments, and other content (where applicable): and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Surfaceandsky.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Surfaceandsky.com and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Surfaceandsky.com and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Surfaceandsky.com or its associates for all claims resulting from content you supply. Surfaceandsky.com has the right but not the obligation to monitor and edit or remove any activity or content. Surfaceandsky.com takes no responsibility and assumes no liability for any content posted by you or any third party.

Applicable Law

By visiting Surfaceandsky.com, you agree that the laws of the state of Florida, United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Surfaceandsky.com or its associates.

Disputes

Any dispute relating in any way to your visit to Surfaceandsky.com or to products/services you purchase through Surfaceandsky.com shall be submitted to confidential arbitration in Florida, United States of America, except that, to the extent you have in any manner violated or threatened to violate Surfaceandsky.com's intellectual property rights, Surfaceandsky.com may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Modifications

We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.