These Purchase Terms & Conditions govern signed proposals and engagements; for general website use see our Terms of Service.
WorldClass Creative / David Eby Media Creations Inc.
West Palm Beach, Florida · worldclass-creative.com
Effective as of the date of proposal acceptance or first payment, whichever occurs first.
These terms govern all engagements between WorldClass Creative (David Eby Media Creations Inc., “the Company”) and any client (“Client”). By signing a proposal, remitting payment, or otherwise engaging the Company for services, Client agrees to be bound by these terms in their entirety. These terms supersede any prior or contemporaneous communications, representations, or agreements — oral or written.
All projects are due in full before any shoot date is confirmed or post-production work begins. No exceptions.
Under $10,000: 100% of the total engagement fee is due upon signing. Shoot dates will not be reserved until payment clears.
$10,000 and above: A 50% deposit is due upon signing to reserve shoot dates. The remaining 50% balance is due upon delivery of the completed deliverable package. No media will be released until the final payment clears in full.
All payments must be received before any media is delivered. Outstanding balances will result in delivery being withheld until the account is settled.
Upon receipt of full payment, the Company grants Client a broad, non-exclusive, transferable license to use all delivered media — photographs, video content, and related materials — for the following purposes:
This license does not constitute a transfer of ownership or copyright. All intellectual property rights in delivered media remain with the Company unless a Full Rights Buyout is exercised (see Section 3). Client may not sublicense, resell, distribute, or make available any delivered media to third parties for commercial resale or inclusion in stock media libraries.
Client may acquire full, exclusive ownership of all delivered media — including transfer of copyright — for an additional fee equal to 50% of the total engagement cost. Upon payment of the buyout fee, the Company will execute a formal assignment of all intellectual property rights to Client.
The buyout option must be exercised in writing within ninety (90) days of final delivery. If not exercised within that window, the license terms in Section 2 remain in effect indefinitely.
Client may not alter, edit, re-cut, apply filters to, or otherwise modify any delivered media beyond the platform-specific reformatting described in Section 2. This includes color grading changes, cropping that removes credits, audio replacement, re-editing of video sequences, or any modification that changes the narrative, tone, or visual integrity of the original work.
Client is specifically prohibited from using any generative AI tools, machine learning models, or automated editing software to modify, enhance, extend, restyle, or otherwise alter any delivered media. This prohibition applies to all current and future AI technologies, including but not limited to generative fill, AI-based sky replacement, style transfer, face manipulation, voice cloning, video extension, and any AI-assisted editing that modifies original content in any way.
If Client requires modifications to any delivered media, requests must be submitted to the Company as a revision request per Section 11.
The Company retains the right to use all produced media for portfolio, marketing, educational, and promotional purposes, including website portfolios, social media channels, case studies, awards submissions, industry publications, and speaking engagements.
If a Full Rights Buyout is exercised, the Company’s usage rights are limited to non-commercial portfolio display only — for example, website gallery and awards submissions — and do not include active advertising or paid promotion featuring Client’s properties or brand.
Client warrants that all properties will be fully prepared and accessible upon the Company’s arrival on each scheduled shoot day. “Fully prepared” means: interiors staged or show-ready, exteriors landscaped and free of construction materials, all lighting functional, HVAC operational, and no active construction activity in any designated filming area.
If a property is not ready upon arrival, the Company will make reasonable efforts to accommodate within the day’s schedule. If a return visit is required due to unreadiness, additional travel and production fees may apply at the Company’s standard day rate.
Client may reschedule a shoot day with no penalty if written notice is provided at least seventy-two (72) hours prior to the scheduled date. Rescheduled dates are subject to availability.
If Client cancels or reschedules with fewer than seventy-two (72) hours’ notice, a cancellation fee equal to 25% of the day’s allocated production value will be charged and deducted from future payments or invoiced separately.
If Client cancels the entire engagement after post-production has begun, no refund will be issued for work already completed or in progress. If Client cancels prior to the first shoot day, the deposit will be forfeited but may be applied as a credit toward a future engagement within twelve (12) months.
The Company will contact Client approximately one (1) hour prior to departure to confirm weather conditions. If conditions are unsuitable for production — including heavy rain, dangerous wind, or active severe weather advisories — the shoot will be rescheduled at no additional cost.
If Client confirms the shoot despite marginal conditions and subsequently requests cancellation on-site, the standard 25% cancellation fee applies.
All aerial (drone) operations are conducted in compliance with Federal Aviation Administration (FAA) Part 107 regulations and any applicable local ordinances. The Company holds all required certifications and insurance for commercial drone operations.
If aerial operations cannot be performed at a scheduled location due to airspace restrictions — including TFRs, NOTAMs, or restricted zones — no refund or credit will be issued for the drone line item. The Company will make reasonable efforts to capture aerial content at alternate approved locations within the project scope.
The first completed deliverable will be delivered within five to seven (5–7) business days of the shoot. Each additional deliverable follows within three (3) business days. Deliverables are released as completed — they are never held back to batch-deliver.
Delivery timelines may be extended if Client delays in providing feedback, scheduling property access, or fulfilling payment obligations. The Company will communicate any anticipated delays promptly.
One (1) round of revisions is included per deliverable. Additional revision rounds are available at $150 per hour, billed in 30-minute increments.
Revision requests must be submitted in writing within fourteen (14) days of initial delivery. Requests received after this window may be accommodated but are not guaranteed.
A “revision” is a modification to the existing deliverable within the original creative scope. Requests that materially change the scope, format, or creative direction — such as requesting a completely new edit from existing footage — will be treated as new work and quoted separately.
All payments are non-refundable once production has begun. In the event of a dispute, the Company will make good-faith efforts to resolve the matter, which may include re-editing, reshooting (schedule permitting), or issuing a partial credit toward future services.
Credit card processing fees are non-recoverable and will not be refunded even if a credit is issued.
A. Client Restrictions on AI Use. Client may not use any delivered media to create AI-generated likenesses, voice clones, deepfakes, or synthetic media of any kind. Client may not use delivered media to train, fine-tune, or otherwise contribute to any machine learning model, neural network, or AI system without express written consent from the Company.
B. AI Modification Prohibition. As outlined in Section 4, Client is prohibited from using any generative AI tools to modify, enhance, extend, restyle, or otherwise alter delivered media. This prohibition applies to all current and future AI technologies.
C. Company Use of AI. Client acknowledges that the Company may utilize generative AI tools as part of the creative and post-production workflow. This may include AI-assisted color grading, noise reduction, image enhancement, sky replacement, audio cleanup, and automated editing tools. The Company’s use of AI does not diminish the value or originality of the delivered work.
Client shall not use any delivered media in connection with services or platforms that violate applicable Terms of Service, including but not limited to: bot engagement services, purchased followers or likes, fake review generation, or any deceptive marketing practices.
The Company reserves the right to modify the scope of any project and adjust delivered media to fit within the Company’s code of ethics and all applicable local, state, and federal laws. If a scope modification is required, the Company will notify Client in writing and provide a revised timeline and/or quote as applicable.
The Company’s aggregate liability for any and all claims arising out of or related to this engagement shall not exceed the total fees paid by Client under this agreement. In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, loss of profits, loss of business, or loss of data.
Client agrees to indemnify, defend, and hold harmless the Company, its principals, employees, and contractors from and against any and all claims, damages, losses, liabilities, and expenses — including reasonable attorneys’ fees — arising out of or related to: Client’s breach of these terms, unauthorized use or modification of delivered media, or any third-party claim resulting from Client’s use or application of the delivered media.
Neither party shall be held liable for any failure or delay in performance due to causes beyond their reasonable control, including natural disasters, pandemics, government orders, civil unrest, power outages, or internet service failures. In the event of a force majeure, the affected party will notify the other party promptly, and the engagement will be rescheduled or credited at the Company’s discretion.
Both parties agree to maintain the confidentiality of any non-public information shared during this engagement, including pricing, property details, client lists, marketing strategies, and proprietary business information. Neither party will disclose such information to third parties without prior written consent.
This agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any dispute arising under this agreement shall be resolved through binding arbitration in Palm Beach County, Florida, administered under the rules of JAMS (Judicial Arbitration and Mediation Services). The prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.
If any provision of these terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary. The remaining provisions will continue in full force and effect.
All legal notices required or permitted under this agreement must be sent via certified mail and email to: legal@worldclasscreative.com. Notices to Client will be sent to the email address provided at the time of signing.
These Purchase Terms, together with the applicable proposal or quote, constitute the entire agreement between the parties and supersede all prior or contemporaneous communications, representations, or agreements — oral or written. By signing the associated proposal or remitting payment, Client acknowledges that they have read, understood, and agreed to be bound by these terms.
By signing below or by remitting payment, Client confirms acceptance of these terms in full.
Client Signature Date
Client Printed Name & Title