Terms and Conditions

1. Agreement to Terms

By booking, purchasing, or receiving services from Freshwind Creative (“we,” “us,” or “our”), operated by Freshwind Global LLC, you (“Client”) agree to be bound by these Terms and Conditions. These terms govern all real estate media services, including photography, aerial drone, video production, virtual tours, social media content, agent branding, and all related services.

If you are booking on behalf of a brokerage, team, or organization, you represent that you have authority to bind that entity to these terms.

2. Services

Freshwind Creative provides professional real estate media services to licensed real estate agents, brokers, builders, and commercial real estate clients in Springboro, Ohio and the surrounding Dayton–Cincinnati metro area, including Warren County, Centerville, Miamisburg, Lebanon, Mason, Beavercreek, Kettering, and Dayton.

A complete description of available services and current pricing is available at freshwindcreative.net. Services are provided on a per-project basis unless otherwise agreed in writing.

3. Booking and Payment

• All bookings must be made through our online booking system or confirmed in writing
• Payment is due Upon Delivery
• We accept Card, ACH, Venmo, PayPal, Check, Cash
• Rush service is available for a premium of $200–$400 and is subject to crew availability at time of request
• Prices are subject to change. The price quoted at time of booking will be honored for that booking

4. Cancellation and Rescheduling

• Cancellations made 48 hours or more before the scheduled shoot: Cancellation prior to service fulfillment
• Cancellations made less than 48 hours before the scheduled shoot: After service fulfillment
• Weather-related reschedules: If weather prevents safe or quality exterior photography, we will reschedule at no charge. Interior shoots will proceed as planned unless the property is inaccessible
• Drone service cancellations due to airspace restrictions, TFRs, HOA rules, or unsafe conditions: the drone portion will be credited or refunded; the remainder of the shoot proceeds as scheduled unless otherwise agreed
• Freshwind Creative reserves the right to reschedule if a property is not ready within 30 minutes of the scheduled start time, and a cancellation fee may apply

5. Drone and Airspace Policy

Freshwind Creative holds FAA Part 107 Remote Pilot Certification. All drone operations are conducted in compliance with FAA regulations, including LAANC authorization in controlled airspace where required.

The Client is responsible for:

• Confirming that the property is not subject to HOA, municipal, or community drone restrictions prior to the shoot date
• Notifying Freshwind Creative of any known airspace limitations or special restrictions affecting the property

Properties near Wright-Patterson Air Force Base (Fairborn/Beavercreek area) may be subject to restricted or controlled airspace. Freshwind Creative will assess airspace conditions prior to each shoot and will notify the Client as soon as possible if drone services cannot be performed.

6. Deliverables and Turnaround

• Standard delivery: Next business day following the shoot date
• Rush delivery: Available at an additional premium; confirm availability at time of booking
• File delivery: Files are delivered via Secure Client Portal
• Client is responsible for downloading and saving files within 30 days of delivery. Freshwind Creative is not responsible for files not retrieved within that period
• File formats: High resolution images and video files (JPG, PNG, MP4)

7. Intellectual Property and Usage Rights

8. SMS / Text Messaging Terms

Opt-In Consent

You opt in to receive SMS messages from Freshwind Creative by:

• Submitting your mobile phone number through our website contact or booking form and indicating SMS consent
• Texting START to +1 937-353-9636
• Providing verbal or written consent during a call or email exchange (documented by our team)

Message Types

Once opted in, you may receive the following types of text messages:

• Booking confirmation and appointment reminder messages
• Shoot status updates and file delivery notifications
• Follow-up messages related to your inquiry or booking
• Promotional messages and seasonal service offers (where separately consented)

Opt-Out

Reply STOP to any message to opt out of future marketing messages. You will receive a single confirmation, and no further promotional messages will be sent. Transactional messages related to active bookings may continue until the service is completed.

Help

Reply HELP to any message, or contact us at [email protected], for assistance with SMS preferences.

Message Frequency

Message frequency varies by booking activity. You may receive up to 4–6 messages per month during active service periods.

Message and Data Rates

Message and data rates may apply. Contact your wireless carrier for details.

Mobile Information

Mobile opt-in data and phone numbers will not be shared with third parties or affiliates for marketing or promotional purposes.

9. Client Responsibilities

Client agrees to:

• Ensure the property is clean, staged, and photo-ready at the scheduled shoot time
• Ensure the property is accessible to our crew at the agreed start time
• Ensure all current occupants have vacated or are available as agreed in advance
• Notify Freshwind Creative of any access restrictions, security codes, HOA limitations, or drone restrictions prior to booking
• Provide a safe and accessible working environment for our crew and equipment

If a property is not ready or accessible within 30 minutes of the scheduled start time, Freshwind Creative reserves the right to leave and reschedule. A cancellation or rescheduling fee may apply.

10. Limitation of Liability

Freshwind Creative’s total liability for any claim arising from the performance of services under these Terms is limited to the total amount paid by the Client for the specific project in question.

Freshwind Creative is not liable for:

• Lost revenue, listing delays, reduced sale price, or market losses arising from any service issue
• Technical failures of third-party platforms, including MLS systems, Zillow, social media platforms, or file hosting services
• Property damage beyond what is directly caused by Freshwind Creative’s gross negligence or willful misconduct
• Drone service cancellations or delays caused by airspace restrictions, TFRs, weather, or HOA rules
• Failure to deliver if the Client has not provided complete and accurate property access information

11. Indemnification

Client agrees to indemnify, defend, and hold harmless Freshwind Creative and Freshwind Global LLC, its owners, employees, and contractors from any claims, damages, losses, or expenses (including reasonable attorney’s fees) arising from:

• Client’s use of the delivered media in violation of these Terms
• Client’s misrepresentation of media rights to third parties
• Client’s failure to disclose known property access restrictions or drone limitations
• Any breach by Client of these Terms and Conditions

12. Governing Law and Dispute Resolution

These Terms and Conditions are governed by the laws of the State of Ohio, without regard to its conflict of law provisions. Any dispute arising from these Terms or the services provided by Freshwind Creative shall first be addressed through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration or litigation in the courts of Warren County, Ohio.

13. Entire Agreement

These Terms and Conditions, together with the Privacy Policy available at freshwindcreative.net, constitute the entire agreement between Freshwind Creative and the Client with respect to the services described herein. They supersede all prior discussions, understandings, or agreements, whether written or verbal.

14. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. When we do, we will revise the Effective Date at the top of this document. Continued use of our services following any update constitutes your acceptance of the revised terms. The current version will always be available at freshwindcreative.net.

15. Contact