TERMS OF SERVICE Effective Date: 05/14/25 Last Updated: 06/07/25

These Terms of Service ("Agreement") are entered into by and between you ("Client") and Berin Klawiter, LLC, doing business as BK Captured ("BK Captured," "we," "our," or "us"). This Agreement governs your use of our website https://www.bkcaptured.com and all associated services and deliverables.

ELIGIBILITY You must be at least 18 years old and legally capable of entering into contracts to use our Services.

SERVICES BK Captured provides commercial photography and videography services as outlined in your booking confirmation or service agreement. We reserve the right to revise offerings and pricing at any time. Specific deliverables, timelines, and scope are confirmed at the time of booking.

PAYMENT TERMS Payment is due upon delivery of final images unless otherwise agreed in writing prior to the shoot. Projects exceeding $2,000 may require a deposit, which will be discussed and agreed upon before the shoot date. We reserve the right to withhold delivery of final images until payment is received in full. Continued non-payment may result in suspension of Services and pursuit of collection.

CANCELLATION & RESCHEDULING POLICY

  • Cancellations or reschedules made more than 24 hours in advance incur no fee

  • Cancellations made less than 24 hours prior to a scheduled shoot incur a fee of 25% of the total booking amount

  • On-site cancellations or no-shows incur full travel charges plus 25% of the total booking amount

  • Weather or access-related cancellations will be rescheduled at no charge at BK Captured's discretion

SATISFACTION, RESHOOTS & REFUNDS BK Captured is committed to delivering high quality work consistent with our portfolio and the scope agreed upon at booking. However, subjective dissatisfaction with individual images — including but not limited to personal preferences regarding composition, styling, or specific rooms or products — does not constitute grounds for a refund or non-payment.

Reshoots may be offered at BK Captured's sole discretion when there is a demonstrable technical failure on our part. Reshoots are not guaranteed and may be subject to an additional travel fee. No refunds will be issued for completed shoots where deliverables meet the agreed scope and professional standard.

By booking our Services, the Client acknowledges that photography involves artistic and technical judgment, and agrees that subjective dissatisfaction does not entitle the Client to a full or partial refund.

INTELLECTUAL PROPERTY & LICENSING All photographs and video content created by BK Captured remain the exclusive intellectual property of Berin Klawiter, LLC. Clients are granted a limited, non-exclusive, non-transferable license to use deliverables solely for the purposes agreed upon at the time of booking — such as MLS listings, menus, websites, or marketing materials.

Images may not be sold, sublicensed, or transferred to third parties without prior written consent from BK Captured. BK Captured reserves the right to use all deliverables for portfolio, marketing, and promotional purposes unless otherwise agreed in writing.

Use of images outside of the agreed license scope will be addressed on a case-by-case basis and may require additional licensing fees.

PRIVACY & CCPA RIGHTS BK Captured complies with the California Consumer Privacy Act (CCPA). California residents have the right to know what personal data we collect, request deletion, and opt out of data sharing. We do not sell your data. To submit a privacy request contact berin@bkcaptured.com.

WARRANTIES & DISCLAIMERS BK Captured provides Services with reasonable care and skill. All other warranties, express or implied, are disclaimed to the fullest extent permitted by law.

LIMITATION OF LIABILITY To the maximum extent permitted by law, BK Captured's total liability under this Agreement is limited to the amount paid by the Client in the 12 months preceding the claim. BK Captured is not liable for indirect, incidental, or consequential damages.

DISPUTE RESOLUTION & GOVERNING LAW This Agreement is governed by the laws of the State of California. Any disputes will be resolved through binding arbitration in Fresno County, California. Both parties waive the right to a jury trial or class action.

MODIFICATIONS We may update this Agreement at any time. Changes will be posted on our Site. Continued use of our Services constitutes acceptance.

CONTACTberin@bkcaptured.com Berin Klawiter, LLC 265 E River Park Circle, 1st Floor Fresno, CA 93720