Terms of Service

1. Services Offered

The Company provides a range of media creation and brand strategy services, including but not limited to video production, photography, content creation, brand development under the ICON Method, and educational digital products.

2. Agreement to Terms

By making a payment for any services or products offered by the Company, or by otherwise engaging Our services, the Client signifies their full understanding and acceptance of these Terms and Conditions.

3. Scheduling and Appointments

3.1. Appointment Scheduling

Appointment scheduling is available via online submission. We will endeavor to select a time that considers potential weather conditions; however, ensuring favorable conditions at the scheduled time is ultimately the responsibility of the Client.

3.2. Right to Reschedule

The Company reserves the right to change, modify, or reschedule Your appointment based on logistical needs, weather conditions, or other factors necessary to best serve Our network of clients. In such instances, You will be notified via phone call, text, and email as soon as reasonably practicable.

3.3. Pay to Book

Full payment for the selected service package is required at the time of booking to secure Your appointment on Our calendar.

3.4. Confirmation and On-Site Cancellation/Rebooking

We will confirm Your appointment one (1) hour prior to Our team’s departure to the shoot location. If the appointment is cancelled or rebooked by the Client on-site after this one-hour confirmation, a late cancellation/rebooking fee equivalent to 25% of the total session fee will apply.

4. Travel and Parking Charges

4.1. Mileage Charges

Mileage charges will be waived for most appointments. However, if a shoot location involves a round-trip distance of one hundred (100) miles or more from Our team’s current location (either their residence or the Company office), a travel fee of $1.00 per mile for the excess mileage will be added to the total appointment cost.

4.2. Parking Fees

If parking fees are incurred by Our team during the shoot, We will choose the most cost-effective option available. Any such parking charges will be itemized and billed directly to the Client.

5. Investment and Payment

5.1. Full Payment

All investments for service packages must be paid in full at the time of booking to confirm Your appointment.

5.2. Retainer Packages

5.2.1. Retainer packages for three (3) and six (6) month commitments are paid in monthly installments as agreed upon at the initiation of the retainer.

5.2.2. The first monthly installment is due upon initiation of the retainer agreement to secure the services.

5.2.3. Non-payment of any subsequent monthly installment by its due date constitutes a material breach of contract. In the event of such a breach, the Company reserves the right to suspend all services and/or terminate the retainer agreement. The Client will remain liable for any outstanding payments up to the date of termination and any applicable early termination fees or damages as stipulated in the specific retainer agreement.

5.3. Service Cancellation Credit

In the event that a shoot or service package (excluding retainers, which are subject to their own terms) needs to be cancelled entirely by the Client with proper notice as defined herein, and has been paid in full, the paid amount may be credited to Your account for future services, valid for one (1) year from the date of cancellation. No cash refunds will be issued.

6. Rescheduling and Cancellation Policy (Non-Retainer Services)

6.1. Flexibility

We strive to be flexible in rescheduling appointments due to inclement weather or other unforeseen circumstances.

6.2. Client-Initiated Cancellations (Less than 48 Hours' Notice)

Cancellations made by the Client with less than forty-eight (48) hours' notice prior to the scheduled appointment time will incur a $100.00 cancellation fee.

6.3. No-Shows

A "no-show" is defined as the Client not being available or the property not being accessible thirty (30) minutes past the scheduled booking time. No-shows are subject to a $100.00 cancellation fee.

6.4. On-Site Cancellation/Rebooking (Post-Confirmation)

As stated in Section 3.4, if an appointment is cancelled or rebooked by the Client on-site after Our one-hour pre-departure confirmation, a fee of 25% of the total session cost will apply.

7. Filming, Video Production, and Creative Discretion

7.1. Creative Discretion

The Company retains full creative discretion over shot selection, composition, editing style, and the overall artistic direction of the final video and media assets, unless specific creative parameters have been agreed upon in writing in advance of the shoot.

7.2. Additional Footage/Alternate Takes

Should You require additional footage or alternate takes beyond the original scope of the agreed-upon services, such requests will be subject to additional fees, billed at Our prevailing rates.

8. Liability and Safety

8.1. Drone Operations

All drone operators utilized by the Company are FAA-licensed and adhere to all applicable regulations.

8.2. Unsafe Conditions

Our team reserves the absolute right to postpone, cancel, or modify a shoot if conditions (including but not limited to weather, proximity to hazards, or other safety concerns) are deemed unsafe or unfeasible for Our personnel or equipment.

8.3. Refusal of Service

We reserve the right to refuse video or other media services for any reason, at Our sole discretion.

9. Property Readiness

9.1. Client Responsibility

The Client is solely responsible for ensuring that the property is "shoot-ready" prior to Our team’s scheduled arrival time. A pre-shoot checklist will be provided with Your appointment confirmation, detailing recommended preparations such as turning on all lights, decluttering spaces, removing personal items, and ensuring vehicles are removed from driveways or other areas to be filmed.

9.2. "AS-IS" Filming

The Company is not responsible for staging, cleaning, moving objects, or any other property preparation. The property will be filmed "AS-IS" upon Our team's arrival.

10. Return Charges/Reshoot Fees

If a reshoot or return visit is required due to the property not being ready as per Section 9, or due to changes in decor requested by the Client after the initial shoot, or for requests for additional footage beyond the original scope that necessitate a new site visit, a fee of $150.00 (or a higher amount commensurate with the scope of the reshoot) may be applied at Our discretion.

11. Asset Delivery

11.1. Delivery Timeline

The final edited video will typically be delivered within seven (7) business days of the shoot date. Any signature media or more complex projects may require up to fourteen (14) business days for delivery. These timelines are estimates and may vary based on project complexity and current workload.

11.2. Delivery Method

All deliverables will be provided via a secure online link (e.g., Aryeo, Dropbox, or a similar platform).

12. Refund Policy

12.1. All Sales Final

All sales for services and digital products are final. The Company does not offer any money-back guarantees.

12.2. Credit for Cancellations

As stated in Section 5.3, any cancelled appointments (non-retainer) that have been paid for and are eligible according to these Terms may receive a credit on Your account for use within one (1) year.

13. Video Revisions

13.1. Complimentary First Round

The first round of reasonable video revisions is complimentary, provided that such revisions are within the original scope of the project and do not arise from a lack of property readiness or changes to the property post-shoot.

13.2. Subsequent Revisions

Any subsequent rounds of revisions, or revisions outside the original scope, will be billed at a rate of $100.00 per hour, with a one-hour minimum.

14. Asset Rights and License (Service Deliverables)

14.1. Ownership

All video content, photographs, and other media assets created by the Company, including all copyrights, ownership rights, and intellectual property rights therein, remain the sole and exclusive property of David Eby Media Creations Inc. d/b/a the ICON Method.

14.2. Client License

Upon full and final payment for the services, the Company grants the Client a non-exclusive, non-transferable, worldwide, royalty-free license to publicly display and distribute the final delivered media assets solely for promotional purposes directly related to the marketing and sale of the specific property for which the assets were created.

14.3. Restrictions

This license does not permit the Client to duplicate, edit, re-edit, transform, create derivative works from, or sell the media assets to any third party without the prior express written consent of the Company. Raw footage is not included in the standard deliverables unless explicitly agreed upon in writing and may be subject to additional fees.

15. Media Asset Usage by the Company

The Company reserves the right to use any media assets captured during the shoot (including videos, reels, photographs, and other forms of media content) for its own marketing, promotional, and portfolio purposes. This may include usage on Our website, social media channels, online portfolios, advertising materials, and for entry into industry competitions.

16. Client Consent

By engaging the services of David Eby Media Creations Inc. d/b/a the ICON Method, You acknowledge that You have read, understood, and agreed to these Terms and Conditions. You consent to the capture of media assets of the property and individuals present (with their prior consent obtained by You where necessary) and to the use of such media assets by the Company as outlined herein, with no further approvals required from You for the Company's promotional use. This consent for the Company's promotional use is perpetual and irrevocable for the purposes stated.

17. Federal Law Compliance Clause

The Client acknowledges that certain requested shots or filming activities, including but not limited to those involving aerial or drone footage, may be subject to federal, state, or local laws, statutes, ordinances, and regulations (including FAA rules). The Company cannot and does not guarantee its ability to provide or capture any specific shot if obtaining it would, in the Company's sole judgment, require or risk a violation of applicable law or regulation, or compromise safety. The Client agrees to adjust creative requests accordingly and accepts that any shot deemed non-compliant with legal or safety requirements will be omitted or modified by the Company to ensure full compliance.

18. Media Usage Policy (Specific to Service Deliverables)

18.1. Final Media Assets

The final edited media delivered to You constitutes the complete and final product of Our creative services under the agreed scope. Once approved and delivered, no further re-editing or alterations will be performed by the Company unless agreed upon in a separate contract and subject to additional fees.

18.2. No Re-Editing by Client

The Client agrees that the final media assets are provided “as is” and shall not be re-edited, altered, or modified in any way by the Client or any third party on behalf of the Client. Any requests for changes must be submitted to the Company as per the revision process outlined in Section 13. Post-delivery modifications by the Client are not permitted without explicit, written consent from the Company and may incur additional charges or be considered a breach of license.

18.3. License Grant (Reiteration)

Upon full payment, the Company grants the Client a non-exclusive, non-transferable license as detailed in Section 14.2. This license is limited strictly to the delivered final video/media and does not extend to any raw footage, project files, or preliminary creative materials.

18.4. Asset Ownership and Usage Rights (Reiteration)

All video content—including the final product, raw footage, project files, and any underlying creative materials—remains the sole and exclusive property of the Company. The Client’s rights are strictly limited to the use provided under the granted license. The Client may not duplicate (beyond reasonable backup), resell, modify, or create derivative works from the final media assets without Our prior written consent.

18.5. Promotional Use by Company (Reiteration)

The Company reserves the right to use portions or the entirety of the final media assets, as well as any related behind-the-scenes footage, for its own marketing and promotional purposes as detailed in Section 15. The Client acknowledges that no additional compensation will be provided for such usage.

18.6. Compliance and Indemnity

The Client agrees to use the final media assets in compliance with all applicable laws, regulations, and platform-specific terms of service. The Client shall indemnify and hold harmless David Eby Media Creations Inc. d/b/a the ICON Method, its officers, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to the Client's unauthorized modifications, distribution, or use of the final media assets, or any use that infringes upon third-party rights or violates applicable laws.

18.7. Non-Payment and Unauthorized Use

18.7.1. Full Payment Requirement: The license granted herein for the use of final media assets is strictly contingent upon receipt of full payment by the Company for all services rendered. Until full payment is received, the Client shall have no rights to use, display, distribute, or otherwise exploit the final media assets in any manner.

18.7.2. Unauthorized Use Prohibition: Should the Client use or attempt to use the final media assets without having made full payment, or in any manner that violates these Terms or the granted license, the Company reserves the right to immediately revoke any and all granted licenses and pursue all available legal remedies. Such remedies may include, but are not limited to, issuing DMCA takedown notices, seeking injunctive relief, and claiming monetary damages for breach of contract, copyright infringement, and any other applicable causes of action.

18.7.3. Prevention of Misuse: This clause is specifically intended to prevent situations where a Client might attempt to withhold payment while concurrently using the Company's work product. The Client expressly agrees that any such misuse will subject them to full legal liability, including, but not limited to, claims for the outstanding service fees, additional damages for unauthorized use, legal costs, and any other relief deemed appropriate by a court of competent jurisdiction.

19. Digital Products (Courses, Templates, Educational Content)

The following terms apply to all project files, course materials, templates, and instructional content ("Digital Products") made available by David Eby Media Creations Inc. d/b/a the ICON Method, including those offered under the brand "WorldClass Creative" or by its wholly owned subsidiary, "910 Academy LLC," which are all entities covered by these Terms as offerings of the Company.

19.1. Copyright and Permitted Use

All Digital Products are protected under U.S. copyright law and are provided solely for the Client’s non-commercial, personal educational use.

19.2. Acceptance of Terms

By purchasing, downloading, or accessing any Digital Product, You agree to these terms.

19.3. Personal Use Only

You may use these Digital Products for personal learning, experimentation, and skill development. Commercial use is strictly prohibited unless explicit written permission is granted by the Company. Prohibited commercial uses include, but are not limited to:

• Selling, sublicensing, or redistributing any part of the Digital Product content.
• Using templates, frameworks, or materials from the Digital Products in client projects or any other paid work.
• Creating derivative courses, workshops, or educational content based on these Digital Products.

19.4. Ownership and Intellectual Property Rights

All intellectual property rights in and to the Digital Products remain the exclusive property of David Eby Media Creations Inc. The purchase or access of a Digital Product grants You a limited, non-exclusive, non-transferable license for personal educational use only, not ownership of the intellectual property. All rights not expressly granted are reserved by the Company.

19.5. Enforcement and Legal Recourse

Unauthorized reproduction, distribution, or commercial exploitation of these Digital Products is a violation of copyright law and these Terms, and may result in legal action, including but not limited to injunctive relief, monetary damages, and full prosecution under applicable copyright and contract law.

19.6. Governing Law and Jurisdiction

These terms related to Digital Products, and any disputes arising therefrom, shall be governed by the laws of the State of Florida, without regard to its conflict of law principles. By accessing or purchasing these Digital Products, You irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Florida for any legal proceedings.

19.7. Litigation Disclaimer

If You are a party to active or pending legal action involving David Eby, David Eby Media Creations Inc., the ICON Method, WorldClass Creative, or 910 Academy LLC, Your purchase or access of Digital Products does not constitute a waiver of any legal claims, rights, or protections held by any party under that litigation.

19.8. Updates to Terms

By accessing Digital Products, You agree to the most recent version of these Terms of Service, which may be updated periodically by the Company without prior notice. It is Your responsibility to review these Terms regularly.

20. Limitation of Liability

To the fullest extent permitted by applicable law, David Eby Media Creations Inc. d/b/a the ICON Method shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) Your access to or use of or inability to access or use the services or products; (b) any conduct or content of any third party on the services; or (c) unauthorized access, use, or alteration of Your transmissions or content. In no event shall the Company's aggregate liability for all claims relating to the services exceed the total amount paid by You to the Company for the specific services from which the claim arose in the preceding six (6) months.

21. Indemnification

You agree to defend, indemnify, and hold harmless David Eby Media Creations Inc. d/b/a the ICON Method, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) Your use and access of the Service, by You or any person using Your account and password; b) a breach of these Terms, or c) Content posted on the Service.

22. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

23. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

24. Entire Agreement

These Terms constitute the entire agreement between You and David Eby Media Creations Inc. d/b/a the ICON Method regarding Our Service, and supersede and replace any prior agreements We might have had between Us regarding the Service.

25. Modifications to Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after any revisions become effective, You agree to be bound by the revised terms.