Effective Date: March 21, 2026
By scheduling, booking, or engaging DVI Media ("Company," "we," "us," or "our") for any photography, videography, or media production services, you ("Client") acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety.
These Terms of Service constitute a legally binding agreement between Client and DVI Media, a sole proprietorship operating in the State of South Dakota.
DVI Media provides real estate photography, videography, aerial/drone media, virtual tours, and related visual media production services. DVI Media reserves the right to refuse or cancel service, modify or discontinue any service offering, and subcontract portions of work to qualified third parties.
A booking is confirmed only upon receipt of written or electronic confirmation. Cancellation fees apply:
$100.00 / hour — Round-trip drive time from DVI Media's point of origin. Applied to all jobs, billed in addition to all other fees, and non-waivable.
Payment is due in full upon delivery of final media files. Invoices not paid within 14 days are subject to a late fee of 1.5% per month (18% per annum). A $35.00 fee applies to returned payments. DVI Media may withhold delivery until payment is received in full.
ALL SALES ARE FINAL. DVI MEDIA DOES NOT OFFER REFUNDS OF ANY KIND. Once a session has been completed or media files have been delivered, no refunds will be issued under any circumstances.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DVI MEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. DVI Media's total liability shall not exceed the total amount paid by Client for the specific session giving rise to the claim.
Client agrees to indemnify and hold harmless DVI Media from any claims arising from Client's use of delivered media, breach of these Terms, third-party claims, or Client's failure to obtain necessary permissions.
Upon full payment, DVI Media grants Client a non-exclusive, non-transferable license to use delivered media for marketing the specific property. DVI Media retains all copyright. Client may not sublicense or resell media without prior written consent. DVI Media retains the right to display delivered media in its portfolio and marketing materials.
Client is responsible for ensuring lawful access, a property that is clean and ready before arrival, necessary permissions from owners/tenants/HOAs, and that pets are secured. DVI Media is not responsible for delays caused by unprepared properties.
DVI Media cannot guarantee specific weather conditions. Weather-related rescheduling does not entitle Client to a refund of any deposits or fees already paid.
These Terms are governed by the laws of the State of South Dakota. Any legal proceedings shall be brought in Minnehaha County, South Dakota. Before formal proceedings, Client agrees to attempt informal resolution within 30 days. TO THE EXTENT PERMITTED BY LAW, BOTH PARTIES WAIVE THE RIGHT TO TRIAL BY JURY.
DVI MEDIA PROVIDES ALL SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
DVI Media shall not be liable for failure or delay caused by circumstances beyond its reasonable control, including acts of God, severe weather, pandemic, government action, or equipment failure.
DVI Media may modify these Terms at any time. If any provision is found unenforceable, remaining provisions continue in effect. These Terms, together with any written service agreement or invoice, constitute the entire agreement between the parties.
DVI Media — Sioux Falls, South Dakota
Phone: (605) 951-1836