Clear terms.
A lasting partnership.

Effective October 7, 2026 · Version 2026-10-07.

Wanderlust Photography LLC, doing business as Wanderlust Photography. Business notice address: 4099 9th St N, Suite 204, Naples, FL 34103.

1. Who we are and when these terms apply

“Wanderlust,” “we,” and “us” mean the legal entity identified above. “Client” or “you” means the person or entity identified in an accepted order, quote, or statement of work (“Order”). A person accepting for an entity represents that they have authority to bind that entity. The named Client is responsible for payment even if a seller, brokerage, sponsor, or other party is expected to reimburse it, unless we expressly agree otherwise in writing.

These Terms govern a service engagement only when the Order incorporates the identified version of these Terms and you affirmatively accept it. An inquiry, Facebook or Instagram lead form, request for a custom media plan, website visit, or conversation about availability does not create a service engagement, recurring commitment, or authorization to charge you. A preferred appointment date or time is a request until we separately confirm the appointment in writing. Payment by itself does not confirm that requested time.

A mutually signed amendment prevails over the document it expressly changes. Otherwise, a separately signed master service agreement prevails over an Order, and an Order prevails over these Terms on the same subject. An Order can override a master agreement only if it expressly identifies the provision being changed. Existing engagements remain governed by their accepted agreements; a website update does not amend them retroactively. Additional or conflicting client purchase-order terms require our express written agreement.

Our Privacy Notice explains personal-information processing and privacy choices. Service acceptance does not constitute optional advertising-tracking consent or enrollment in unrelated marketing. Third-party platforms, including booking, payment, delivery, MLS, and social platforms, may have their own agreements. Their agreements do not by themselves define the services we owe you.

2. Scope, changes, and client contacts

We provide only the services and final deliverables stated in your Order. Examples may include property photography, video, aerial media, floor plans, virtual tours, editing, or a separately specified ongoing media plan. Raw captures, editable project files, unused concepts, extra formats, additional locations, account management, posting, advertising spend, and third-party charges are excluded unless expressly included.

You will identify one authorized contact who consolidates instructions and approvals. We may rely on that contact's written decisions within the agreed scope. Changes to quantity, property size, access conditions, creative direction, platforms, deadlines, or usage rights may change fees and timing. We will obtain written approval of material changes and added charges before doing the additional work. If approval is pending, we may pause the affected work and revise its schedule. We may use qualified employees and subcontractors and remain responsible for our contractual obligations.

3. Price, payment, and suspension

Your Order controls fees, applicable taxes, any deposit or prepayment, due dates, credits, approved expenses, and any installment schedule. Prices depend on the information supplied, including property size and requested services. If that information is materially inaccurate, we will explain the proposed adjustment before proceeding with affected additional work. Unless your Order provides credit terms, the agreed price is due before final unwatermarked deliverables are released. A sponsor benefit or credit applies only to the eligible items and amount identified in the Order; you are responsible for approved amounts above it.

We do not impose recurring charges, interest, late fees, cancellation penalties, or automatic renewals unless separately disclosed and accepted where legally permitted. Storing a payment method does not itself authorize additional charges. Any recurring payment authorization must identify its amount or calculation, timing, and cancellation method.

If an undisputed payment is overdue, we may suspend affected work or withhold unpaid deliverables after written notice and a reasonable opportunity of at least five business days to resolve the issue. Timelines extend for resulting delay and reasonable remobilization. Please promptly identify a billing error so we can investigate. Nothing here restricts nonwaivable payment-dispute or chargeback rights, or requires payment of an amount not lawfully owed. Failure to pay does not transfer ownership of our work to you.

4. Appointments, access, and property readiness

An appointment is confirmed only by our written confirmation. Confirmations identify any arrival window and special arrangements. You must arrange lawful access and permission from the property owner, occupants, building management, and any other necessary person; provide accurate entry instructions; ensure a responsible contact is available; and disclose known hazards, restrictions, pets, construction, and sensitive areas in advance. Do not send alarm codes, door codes, financial documents, or other sensitive information through public comments or lead forms; use the agreed coordination channel.

The property must be safe, accessible, and ready at the confirmed time. Unless included in the Order, we do not clean, stage, move heavy or fragile items, supervise children or pets, or correct a property's condition. Remove or secure valuables, personal photographs, confidential papers, identifying information, and items you do not want captured. Tell us which areas must not be photographed. We will use reasonable care on site; your responsibilities do not excuse our negligence.

If access, readiness, permissions, client instructions, or safety conditions prevent completion, we may photograph accessible areas, pause, or reschedule as reasonably appropriate. Extra attendance, waiting, travel, or reshoot charges apply only under a disclosed, accepted Order or subsequently approved change. A lack of access does not automatically forfeit every amount prepaid.

5. Cancellations, rescheduling, weather, and disruption

Send cancellation or rescheduling requests to support@thewanderlustphotography.com, identifying the Order and appointment. An accepted Order may specify a cancellation deadline and reasonable fee or credit rule. If it does not, you owe only fees fairly attributable to services already performed and documented, nonrecoverable third-party commitments authorized for your engagement; we refund other prepaid amounts. We will take reasonable steps to reduce avoidable costs and will not recover the same loss twice. Any agreed cancellation fee replaces, rather than duplicates, recovery for the same cancelled work or reserved capacity. A refund will not be converted to a service credit without your agreement unless your accepted Order expressly provides for that credit and applicable law permits it.

Weather, light, airspace restrictions, equipment safety, emergency conditions, and property conditions can affect the result and timing. The operator has final authority over safe and lawful drone operation. A drone service is subject to applicable qualifications, permissions, operating limits, and airspace authorization; no particular altitude, flight path, image, or flight is guaranteed. We will coordinate a reasonable alternative or reschedule affected work. If an undeliverable component is removed from the engagement, we will refund its allocated prepaid price, subject only to separately agreed, lawful costs that actually apply. When a bundled price does not allocate that component, we will make a reasonable allocation and explain it.

Neither party is responsible for delay caused by events beyond its reasonable control, such as a hurricane, government restriction, major utility failure, or unavoidable service outage, if it promptly notifies the other party and takes reasonable steps to limit the effect. Ordinary lack of funds is not such an event. This provision does not excuse payment for completed services. If affected work cannot reasonably resume within 30 days, either party may end that work; we will account for work performed and approved nonrecoverable commitments and refund the unused balance. If we cancel for our convenience or cannot provide the agreed service for reasons within our control, you may receive a refund for the unperformed portion rather than accept a substitute or credit.

6. Creative judgment, delivery, and corrections

The Order controls quantities, formats, resolution, delivery method, target dates, and any expressly guaranteed deadline. We exercise professional creative judgment consistent with the agreed brief. Samples illustrate style and do not promise identical results in different properties, lighting, weather, or platform environments. Delivery targets depend on timely access, payment, materials, and approvals. We will communicate material delays. A rush service or fixed deadline must be expressly accepted in writing.

Review delivered work promptly and provide one consolidated list of requested corrections, ordinarily within seven calendar days of delivery. We will correct a material failure to meet the accepted scope at no added charge. Included creative revision rounds, if any, are those stated in the Order. A change of preference, approved direction, property condition, or scope is additional work requiring approval. The review period is a scheduling expectation; it does not waive latent-defect claims or nonwaivable rights. Silence is not approval to publish or a release of claims.

Download and back up final files promptly. Hosting, galleries, tour availability, and archival storage last only for the period stated in the Order or delivery notice accepted as part of the Order. We do not promise indefinite hosting or recovery of deleted raw files. If no period was agreed, we will give at least 30 days' written notice before intentionally ending access to delivered files. A hosting interruption does not change your license to downloaded paid deliverables. Retrieval or rehosting after the agreed period is subject to availability and a separately approved fee. Operational file availability is separate from personal-information retention described in our Privacy Notice.

7. Copyright and your permitted use

As between Wanderlust and Client, Wanderlust retains ownership and copyright in all photographs, video, and other original media created by us, including raw captures, final deliverables, and working files. Our preexisting techniques, templates, and materials also remain ours. Third-party materials remain owned by their respective owners. We are responsible for securing the necessary ownership or licensing rights from personnel and contributors; the client license cannot exceed the rights we lawfully control. You retain ownership of materials you supply.

Commissioning, receiving, downloading, or paying for media does not transfer ownership or copyright and does not itself grant publication or sharing rights. Any copyright transfer or work-made-for-hire arrangement requires a separate written instrument expressly identifying the affected work and rights, signed by both Wanderlust and that Client. Acceptance of an Order or these Terms is not such a transfer.

Upon full payment for the specified final deliverables and the Licensed Agent's written acceptance of the identified license conditions, Wanderlust grants only the commissioning real estate agent named in the accepted Order or licensing schedule (the “Licensed Agent”) a limited, temporary, nonexclusive and nontransferable license, solely to market the specific property under the listing agreement identified in that document. If a brokerage or other party pays, that payment does not make it, another agent, the seller or any other person an independent licensee. The schedule must identify the Licensed Agent, property, listing agreement and authorized marketing channels. If the Licensed Agent is also the Client, the same acceptance may identify both capacities; otherwise, obtain the Agent's separate license acknowledgement. Private review and an internal backup do not authorize publication or distribution. Any license for branding, agent promotion, or other non-listing content requires a separate client-specific written agreement and does not transfer ownership.

The license operates only during that identified listing agreement and after full payment, and automatically ends when the agreement expires or terminates or the Licensed Agent ceases to represent that listing, whichever occurs first. The Licensed Agent must promptly notify us of that event. An extension, renewal, replacement listing agreement, new MLS entry or change of agent does not extend or transfer this media license without Wanderlust's written confirmation. An ongoing media plan does not expand it. No general business-marketing, other-property, perpetual-use or unrestricted commercial license is implied. If the listing agreement or a required permission is missing or unclear, obtain our written agreement before use.

The license is nonexclusive: Wanderlust retains the right to retain, reproduce, display, adapt, publish and license its own work, during and after the Licensed Agent's license, including licensing it to another agent, offering it as stock, and using it in our portfolio and marketing. No client approval or ownership interest arises merely because the Client commissioned or paid for the work. These retained copyright rights remain subject to applicable law, necessary third-party releases and licenses, and any confidentiality, embargo or exclusive-use restriction we expressly agree in writing. An exception to retained ownership or these licensing rules requires a separate written agreement with that Client.

The Licensed Agent may publish and provide media only through the marketing channels and to the service recipients expressly authorized in the schedule, solely to market that identified listing on the Licensed Agent's behalf. An authorized brokerage, MLS, portal, printer or publishing provider receives no independent right to reuse, sell, license or market with the work. Any necessary platform sublicensing, syndication, caching or passive archive permission must be expressly identified and limited in the schedule. No other sharing, sublicensing, transfer or distribution is permitted. If a recipient or platform demands broader rights, obtain our written permission before supplying or uploading the media. Authorized downstream publication may create copies outside either party's control; that practical limit does not enlarge the license.

Without a separate express written agreement with Wanderlust for that Client, prohibited client uses include another property or listing, a new or replacement listing engagement, another agent's or brokerage's marketing, seller or builder reuse, general business advertising, client portfolio or “sold” promotion, stock distribution, resale and AI model training. A property sale, change of agent, account transfer or new engagement does not transfer or extend a license. At expiry, stop new publication and promotional use and remove active displays within your control. Passive MLS or portal archives may remain only to the extent expressly authorized in the original license and do not authorize further reuse. Do not represent yourself as the creator, remove rights-management notices to facilitate unauthorized use, or upload media to a service acquiring model-training or unrelated exploitation rights without that written agreement. Adaptations beyond those expressly permitted, including material manipulation or misleading removal of property defects, are outside the license. Statutory exceptions to copyright are unaffected. Proofs, drafts and watermarked previews are for private evaluation only.

We may require an unauthorized use to stop and seek remedies available under law; these Terms do not impose an invented per-image penalty. A material license breach that can be corrected must remain uncorrected for ten business days after written notice before we terminate the affected license, except that we may seek immediate relief to prevent ongoing infringement or unlawful use. Fully paid licenses are not revoked merely because an unrelated invoice is disputed.

8. Third-party assets, AI, virtual staging, and accuracy

Music, stock media, fonts, software, virtual tours, and other third-party elements may carry restrictions on platforms, paid advertising, territory, duration, editing, transfer, or use outside the final deliverable. We will identify material restrictions relevant to the agreed use before you accept the affected deliverable. No standalone rights in those elements are transferred. Tell us in advance if media will be used in paid ads, broadcast, or on additional platforms. Client-selected music is not cleared simply because it is available in a social app. Additional clearances require a separate agreement.

AI-assisted or materially synthetic deliverables, including virtual staging, day-to-dusk edits, or generated scenes, must be identified in the Order or approved change. Routine technical editing does not authorize undisclosed material alteration of property features. Synthetic elements may have limited or no exclusive copyright protection; we do not promise exclusivity in them. We will not knowingly use confidential client materials to train a general-purpose model or authorize a provider to do so without separate permission.

You must review property facts, dimensions, descriptions, disclosures, fair-housing compliance, brokerage rules, MLS rules, and required labels before publication. Virtual staging and similar alterations must be disclosed wherever required; neither party may knowingly present a material alteration as the property's actual condition. Floor plans, measurements, and visualizations are marketing aids with the scope and accuracy stated in the Order, not surveys, appraisals, architectural plans, inspection reports, or guarantees of square footage. Do not use them for construction, lending, valuation, safety, or legal-boundary decisions without appropriate independent verification. We remain responsible for our own inaccurate representations and agreed performance obligations.

9. Client materials, releases, and retained commercial use

You grant us a limited license to use the materials, names, marks and instructions you supply to perform the engagement and for any further use you separately authorize. This limit on client-supplied materials does not surrender our rights in original media we create. You represent that you have the rights and permissions needed for your supplied materials and instructions and will not instruct us to infringe rights, invade privacy, mislead audiences or violate law. A property-access permission does not automatically authorize every commercial use of a person's likeness, artwork, trademark or confidential material captured there.

Identifiable people used in promotional content require appropriate releases for the intended use, with parent or guardian permission for minors where required. You will obtain and provide releases for people and client-provided material you arrange; we will obtain releases and licenses for talent and material we arrange. We may omit content or postpone work until permissions are adequate.

Our original media is not subject to a client-exclusive license or a default client veto over relicensing, stock distribution, portfolio or Wanderlust marketing. We reserve those uses under Section 7, while respecting applicable privacy and publicity rights, third-party asset licenses, necessary releases, and confidentiality or embargo restrictions we expressly accept in writing. Where an intended use needs a property, likeness or other release, obtain the appropriate permission from the person who controls that right before the use; commissioning-agent permission alone may be insufficient. The Order or release schedule should record relevant releases, restrictions, sensitive locations and any agreed treatment of names or addresses. We will not imply a testimonial or endorsement merely from a booking. These copyright reservations do not disclose door codes, booking records or other confidential service information. Requests concerning privacy, releases or an agreed restriction will be handled under the applicable law and agreement; neither party can promise retrieval of copies already distributed by independent third parties.

10. Confidentiality, account access, and responsible use

Each party will use the other's nonpublic business information only for the engagement, protect it with reasonable care, and share it only with people or providers who need it and are subject to appropriate confidentiality duties. This does not cover information independently developed, lawfully received without restriction, publicly available without breach, or required to be disclosed by law. Where lawful, the receiving party will give notice of a compelled disclosure and disclose only what is required. Personal-information handling remains subject to the Privacy Notice and applicable law.

Account access must use approved roles and permissions; do not send passwords in ordinary messages. You retain ownership of your accounts. Publishing, responding to messages, running advertisements, uploading customer lists, or committing advertising spend requires express authority in the Order. A media-production engagement alone grants none of these permissions. Either party must promptly report known unauthorized access affecting the engagement. We may pause content or activity reasonably believed to be unlawful, insecure, unauthorized, or contrary to platform requirements and explain the issue.

Website content remains protected by applicable intellectual-property law. You may use our website for legitimate inquiries and bookings, but may not access others' accounts, bypass access controls, distribute malware, impersonate others, or interfere with the service. Third-party links are offered for convenience and do not promise availability or endorse every third-party statement. Address suggestions on our booking page are provided by Google Maps; by using them you agree to the Google Maps/Google Earth Additional Terms of Service and the Google Terms of Service. We may correct website errors; a material error in an accepted Order must be addressed with you, not silently rewritten.

11. Service standard and limits on outcomes

We will perform the agreed services with reasonable professional care and skill and have authority to grant the rights we expressly grant. If work materially fails that standard, notify us with enough detail to investigate and give us a reasonable opportunity to correct or reperform it. If an effective correction or reperformance is not reasonably available, we will refund the price allocated to the affected service. Subject to Section 12 and nonwaivable rights, this is the agreed first remedy for a service-quality failure; it does not excuse injury, fraud, infringement, or other claims outside a remediable service-quality defect.

We do not guarantee a property sale, sale price, time on market, appraisal, audience size, engagement, leads, conversions, advertising approval, search ranking, uninterrupted third-party availability, or business revenue. Results depend on matters outside our control. Except for express commitments in the agreement and rights that cannot legally be excluded, no additional warranty of merchantability or fitness for a particular purpose is made.

12. Allocation of liability

Please read this section carefully. To the extent law permits, neither party is liable to the other for indirect, special, incidental, or consequential damages, or lost profits, lost sales, lost opportunities, or reputational loss arising from this engagement, even if advised of the possibility. Subject to the exceptions below, Wanderlust's total liability for claims arising from an individual project is limited to the fees paid or payable for that project. For an ongoing media plan, the limit is the fees paid or payable under the affected plan for the three months immediately preceding the event giving rise to the claim, including the current service period. Related claims share a single applicable limit.

These exclusions and limits apply to contract claims and ordinary-negligence claims, but do not apply to fraud, willful misconduct, gross negligence, bodily injury, physical damage to tangible property caused by a party, or liability that applicable law does not allow to be limited. They do not eliminate your obligation to pay lawfully owed fees, either party's responsibility for its own infringement or misappropriation of the other's intellectual property, or the indemnity obligations in Section 13. Neither a confidentiality label nor a contractual remedy limits a person's nonwaivable privacy or consumer rights. The parties may negotiate different limits in the Order. The fees reflect this allocation of risk.

13. Third-party claims

You will indemnify Wanderlust and its personnel against reasonable, documented losses, damages, and legal costs awarded to a third party or included in an approved settlement, but only to the extent caused by: your breach of the rights or permissions you represent having; unlawful or infringing materials or instructions you supply; or your use of deliverables outside the granted license. You do not indemnify us to the extent a claim arises from our breach, negligence, unauthorized modification or use, or misconduct.

We must promptly notify you of a claim, provide reasonable cooperation at your expense, and take reasonable steps to reduce avoidable loss. Late notice reduces your obligation only to the extent it materially prejudices the defense. You may control the defense using reasonably qualified counsel, subject to our right to participate at our own expense. Neither party may settle a claim by admitting fault for, imposing nonmonetary obligations on, or leaving unreleased liability against the other without that party's written consent, not to be unreasonably withheld. This section does not convert a direct customer complaint into an indemnity claim.

14. Ongoing plans, termination, and handoff

Ongoing content or management services require an accepted scope of work stating the initial term, included capacity, fees, billing dates, approvals, cancellation rights, and any renewal. Website descriptions of three-month or six-month offerings do not enroll anyone in a plan. Unless expressly agreed otherwise in a compliant scope of work, a fixed-term engagement ends on its stated date and does not automatically renew.

Either party may terminate for a material breach that remains uncorrected ten business days after written notice describing it. A party may suspend affected activity immediately where reasonably necessary to prevent unlawful conduct, a safety risk, or unauthorized access. The parties will account for services performed, approved nonrecoverable commitments, and any separately agreed lawful early-termination charge; no automatic acceleration of all future plan fees applies under these Terms alone. Where termination results from our uncured breach, you do not owe a cancellation penalty for ending the affected services, and we refund unused prepaid amounts.

On termination, we will provide paid final deliverables already due, cease authorized account activity, and reasonably cooperate in returning client-owned materials and ending access. Additional transition work requires an agreed scope and fee. We will not hold a client-owned account or its credentials hostage to a fee dispute. Accrued payment obligations, granted paid licenses, confidentiality, liability allocation, and dispute provisions survive as needed to give them effect.

15. Resolving disputes and general provisions

Contact support@thewanderlustphotography.com with the Order reference and requested resolution. Each party will make a good-faith effort to resolve a dispute through an authorized representative for 30 days after written notice. This does not delay a filing needed to preserve a deadline, urgent protective relief, a regulator complaint, or any nonwaivable remedy.

To the extent permitted by applicable law, Florida law governs, without its conflict-of-laws rules, and disputes will be brought in the state courts in Collier County, Florida, or, where federal jurisdiction exists, the United States District Court for the Middle District of Florida, Fort Myers Division. Mandatory rights to another law, forum, or small-claims procedure remain available. These Terms do not require arbitration or waive jury-trial or class-action rights. Each party bears its own legal fees except where a statute, court order, or the express indemnity provision provides otherwise.

The parties are independent contractors. Neither party may bind the other beyond authority expressly granted in an Order. Neither party may transfer the agreement in a way that materially diminishes the other's rights without written consent, except to a successor acquiring substantially all of its relevant business and assuming these obligations. A waiver must be clear and does not waive later breaches. If a provision is invalid, the remaining provisions remain effective to the extent the agreement can operate lawfully. These Terms and the applicable accepted Order and controlling agreement constitute the agreement on their subject; amendments require mutual written agreement. Electronic signatures and written electronic approvals may be used where legally effective. We will identify the version incorporated into an engagement and provide a copy on request.

Service and contractual notices: support@thewanderlustphotography.com and the address identified above. Client notices go to the contact in the accepted Order. A party should use another agreed channel if it receives a delivery failure; formal service of legal process remains governed by law.