By visiting our website and/or by purchasing anything from us, you engage in a (“Service”) provided by Garden Media and are considered a (“Client”). You agree to be bound by the following terms and conditions (“Terms of Service”). The following Terms of Service apply to all Clients and users of the website.

1. Services Provided

Garden Media offers the following services to its Clients:

a. Photography

b. Videography

c. Aerial Photography

d. Aerial Videography

e. 360º Virtual Tours

f. 2D Floor Plans

g. RMS Measurements

2. Payment Policy

Payments can be made via e-Transfer to: contact@gardenmedia.art. Other forms of payment can be used if agreed upon in writing.

2.1 Timely Payments

Payments are to be received no later than 7 calendar days after receiving an invoice or before the Service is delivered, whichever comes first unless previously discussed in writing. Failure to make timely payments may result in additional charges and eligibility restrictions for future services.

2.2 Late Payment and Interest Charges

Late payments will be subject to an interest charge. Late payments made after 5 business days from the due date will incur a late payment fee of 2% of the original amount per late day. This fee will be added to your invoice and must be paid before the watermark-free Service is released.

2.3 Eligibility Restrictions

If your account has incurred any late payment fees or overdue balances, they will need to be paid in full before engaging in another service.

2.4 Service Delivery

After the service is ready for review, you will receive an access link containing the materials with a preview watermark. Any files containing a watermark are strictly intended for review purposes and are forbidden to be used for commercial purposes or released to any third parties. Full payment is required before the watermark-free Service is released and considered complete.

2.5 Revisions and Modifications

Each service is entitled to three revisions or modifications. Any additional revisions beyond the initial three will be subject to an extra revision fee of 10% of the original amount per revision. This fee will be added to your invoice and will need to be paid before the watermark-free Service is released.

3. GST

All prices are subject to GST.

4. Re-Shooting Fee

A fee of $50 may be applied to return to the property to re-shoot a space for any reasons not specified before the first visit.

5. Photo and Video Specifications

The number of photos and the length of the videos are approximate. Please let us know if you need an exact number for your Service or have any special requests.

6. Turnaround Times

The guaranteed turnaround times for the services provided are as follows:

a. Photography, Aerial Photography, 360º Virtual Tours, 2D Floor Plans, and RMS Measurements: 48 hours from the time of the on-site visit.

b. Videography and Aerial Videography: 96 hours from the time of the on-site visit.

Garden Media will do its best to accommodate tighter turnaround times if requested by the Client, but this is not guaranteed. Turnaround times may be affected by factors beyond our control, such as unforeseen circumstances, weather conditions, or technical issues.

7. Multiple Services and Extended Turnaround Times

Purchasing multiple services at once may result in longer turnaround times due to the additional workload. Garden Media will communicate any expected delays to the Client and make every effort to deliver the requested services within a reasonable time frame.

8. Refund Policy

We do not offer refunds on payments for our Services. Upon reviewing your request, we may apply a credit to be used in a future Service.

9. Limitation of Liability

In no case shall Garden Media, or any of its employees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of our services, or for any other claim related in any way to your use of this service, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service. Our liability shall be limited to the maximum extent permitted by law.

10. Ownership and Copyright

Any text, information, image, audio, video, and other material created by Garden Media is considered a (“Content”) and is protected by copyright, trademark, and any other applicable intellectual property and proprietary rights laws.

Any Content created during a Service is owned, controlled, and/or licensed by Garden Media, and you agree to abide by all copyright notices, laws, and restrictions of ownership and rights of use of the Content.

The Client retains limited rights of use that are explicitly granted under these Terms of Service and does not acquire any ownership rights to the Content as a result of purchasing a Service. Garden Media retains the right to display its logo, distribute, and post the Content on any of its marketing channels.

The Services and the Content are for your personal and commercial use (e.g., on a Property Listing). You may not edit, alter, sell, or modify any Content without the prior written consent of the owner.

Of course, you may distribute, post, and encourage others to access the Content themselves on Garden Media’s website, YouTube Channel, Instagram, LinkedIn, or any other preferred distribution channels.

11. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of Alberta, Canada. Any disputes arising from these Terms of Service or the use of our Services shall be resolved exclusively in the courts located in Alberta, Canada.

12. Termination

Either party may terminate this agreement at any time, for any reason, by providing written notice to the other party. Upon termination, the Client will be responsible for any outstanding payments and will lose access to any undelivered Services or Content.

13. Changes to the Terms of Service

Garden Media reserves the right to modify or update these Terms of Service at any time. Clients will be notified of any changes via email or through a notice on our website. Continued use of our Services after any changes constitutes acceptance of the updated Terms of Service.

14. Force Majeure

Neither party shall be held liable for any failure to perform its obligations under these Terms of Service if such failure is due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, or other unforeseen events.

15. Indemnification

The Client agrees to indemnify and hold harmless Garden Media and its employees from any claims, damages, or expenses (including reasonable attorney's fees) resulting from the Client's breach of these Terms of Service or misuse of the Services provided.

16. Warranty Disclaimer

Our Services are provided "as is" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

17. Severability

If any provision of these Terms of Service is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Service unenforceable or invalid as a whole. The unenforceable or invalid provision will be severed, and the remaining provisions will continue to be valid and enforceable.

18. Contact Us

If you have any questions or concerns about this Terms of Service, please contact us at contact@gardenmedia.art.