These Terms and Conditions (“Agreement”) govern the relationship between Realta Media (“Company”), located at Whitby, Ontario, and the Client (“Client”) engaging the Company’s services for video and photo production.
1. Acceptance of Terms
By engaging our services, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions in their entirety.
2. Services Provided
2a. Scope
The Company agrees to deliver video and photo production services (“Services”).
2b. Custom Projects
For projects that do not align with standard real estate productions or are outside the usual services offered, additional terms and conditions may be agreed upon through a separate written contract between the Client and the Company.
2c. Logistics and Client Responsibilities
Unless specified otherwise in writing, the Company exclusively handles video and photo production services. The Company is not liable for other facets of video production, including, but not limited to, direction, scriptwriting, organizing cast and additional crew, legal and contract work, licensing, and marketing. The Client is responsible for ensuring timely property access, that the location is prepared for the shoot as agreed, and for providing all necessary information, briefs, and approvals in a timely manner to facilitate the production schedule.
3. Booking, Rescheduling, and Cancellations
3a. Booking
The Client agrees to schedule services in advance and comply with the agreed booking date.
3b. Rescheduling or Postponement
If the Client requests to reschedule or postpone services within 24 hours of the booking—regardless of the cause, including weather conditions—a rescheduling fee of $100 will apply. This fee may be waived for commercial-grade video shoots if weather conditions are unfavorable.
3c. Cancellations
Cancellations made by the Client less than 24 hours prior to the scheduled shoot will incur a cancellation fee of no less than $100, with the maximum fee determined by the Company based on incurred costs and commitments.
3d. No Refunds
As a service-based company, all payments made to Realta Media are non-refundable. Clients acknowledge that payment signifies commitment to the services outlined herein. In the event of cancellation, postponement, or dissatisfaction with the final product, refunds will not be issued. However, the Company will make reasonable efforts to accommodate revision requests as specified in Section 5.
4. Late Payments
Payments not received within 48 hours after service completion may incur a late fee of 3% of the outstanding balance per month.
5. Revisions
5a. Revision Requests
Clients may request reasonable revisions to delivered materials within 48 hours of receipt. These requests will be considered at the Company’s discretion, with a maximum of 2 allowed. Reasonable revisions include minor adjustments such as color correction, simple cuts, or text overlay modifications. Significant changes to the concept, requests for reshoots of scenes not due to Company error, or additions of new elements not included in the original project brief may be considered additional work and subject to further charges.
5b. Additional Revisions
Requests for revisions beyond the specified limit may incur additional charges at the Company’s discretion.
5c. Music Preferences
The Company holds sole authority in selecting music for the production. Any music preferences must be communicated and finalized before the shoot date. Changes to music selections are not permitted once editing has begun.
6. Content Download and Storage
Download links for content will typically remain active for up to 1 year from the date of receipt. However, this is not guaranteed, and due to unforeseen technical issues, links may become invalid before the one-year period expires. Clients are strongly encouraged to download their content/assets promptly upon receipt of the email containing the download links. Once content is made available, it is the Client’s responsibility to download and securely store their content. The Company will not be held responsible for maintaining backups or ensuring continued access to content. While the Company will endeavor to provide valid and functional download links, the Company is not responsible for any data loss, corruption, or download errors that may occur on the Client’s end during the download process.
7. Ownership and Usage Rights
7a. Ownership
Upon full payment, the Company grants the Client non-exclusive rights to use the video and/or photos solely for MLS marketing, the Client’s social media, and print media directly related to promoting the specified property. Further usage requires prior written consent from the Company and may incur additional fees.
7b. Usage
The Client may not resell or transfer the granted rights to any third party without prior written consent from the Company.
8. Usage on Social Media
8a. The Client may cross-post content on other accounts, excluding those affiliated with other media production companies or competitors of Realta Media.
8b. Content must be shared in the original format and final edit provided by the Company.
8c. If the final edit includes a Company logo, the Client agrees not to remove, alter, or obscure the logo from the video. If the logo must be removed for length constraints, the Client must inform the Company and refrain from posting until approved or re-edited in consultation with the Company.
8d. Modifications by the Client or third parties to add or remove portions of the content must be mutually agreed upon in writing with the Company and may incur extra charges.
8e. It is strictly prohibited for third parties to re-edit content for posting purposes.
9. Confidentiality
9a. Confidential Information
Both parties agree to keep confidential any proprietary or confidential information disclosed during the term of this Agreement.
10. Termination
10a. Termination by Client
The Client may terminate this Agreement by providing written notice to the Company. In such cases, the Client shall pay for all Services rendered up to the termination date.
10b. Termination by Company
The Company reserves the right to terminate this Agreement at any time for any breach of terms by the Client or for other reasonable causes, with or without written notice.
11. Liability
11a. Limitation of Liability
The Company’s liability for any damages arising out of or in connection with this Agreement shall not exceed the total fees paid by the Client to the Company. In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
12. Miscellaneous
12a. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Ontario, Canada.
12b. Entire Agreement
This Agreement represents the entire understanding between the Client and the Company with respect to its subject matter and supersedes all prior agreements, discussions, negotiations, and understandings, whether oral or written.
12c. Waiver
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce compliance with every provision of this Agreement.
12d. Severability
If any provision of this Agreement is held invalid or unenforceable by a competent court, the remaining provisions will nevertheless remain in full effect.
12e. Notices
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this section). All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission), or email to the designated contact person, or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt by the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.