Terms and Conditions of Service

"Agreement" means these Terms and Conditions of Service together with any proposal, quote, statement of work, order form, or written amendment executed or approved by both parties.

"Client Content" means any file, image, video, document, note, property information, branding, logo, audio, or other material uploaded, submitted, supplied, requested, directed, or approved by the Client.

"Confidential Information" has the meaning set forth in Section 19.

"Deliverables" means the final edited media, images, video, virtual tours, floor plans, and other output produced by NAV Productions and delivered to the Client.

"Platform" means the websites and software applications operated by NAV Productions, including bookwithnav.com and app.bookwithnav.com, and all features, interfaces, and functionality thereof.

"Project" means a discrete engagement for services as defined in a booking, proposal, or statement of work.

"Property" means the location, site, home, building, venue, or subject at or of which services are performed.

"Services" means videography, photography, aerial and drone operations, editing, post-production, virtual tours, floor plans, media hosting and delivery, and any other services offered by NAV Productions.

NAV Productions provides videography, photography, drone operations, post-production, and related media services. All Services are governed by this Agreement together with any proposal, quote, or scope of work approved by the Client. Any modification to scope must be agreed to in writing.

Services and Platform access are offered exclusively to businesses, and not to consumers. By engaging NAV Productions or accessing the Platform, the Client represents and warrants that it is a business, company, partnership, sole proprietorship, licensed professional, brokerage, or other commercial entity, that it is acting in the course of its trade, business, craft, or profession, and that it is not acting as a consumer for personal, family, or household purposes. The Client further represents that it is duly organized and validly existing, that the individual accepting this Agreement has full authority to bind the Client, and that the Client is not prohibited from receiving Services under any applicable sanctions, export control, or trade restriction law. NAV Productions reserves the right to require documentation of business status, including registration numbers, tax identification, VAT or GST numbers, brokerage licensing, or professional credentials, and to decline, suspend, or terminate any engagement where business status cannot be verified. Any consumer protection right, remedy, or statutory protection that would otherwise apply to a consumer transaction is inapplicable to this Agreement.

Bookings are confirmed upon receipt of payment, execution of a written agreement, or completion of a booking through the Platform. Requests to cancel or reschedule must be submitted in writing at least 48 hours prior to the scheduled service. Cancellations or changes made within 48 hours of the scheduled service may result in additional fees, forfeiture of deposit, or forfeiture of the full service fee, at NAV Productions' discretion, and the Client shall remain liable for the full amount of the booking. All scheduling remains subject to availability. Cancellation or rescheduling does not entitle the Client to any refund, credit, or reduction in fees and does not alter the non-refundable nature of any payments made.

NAV Productions may reschedule or cancel a booking due to weather, unsafe conditions, equipment failure, illness, regulatory restriction, personnel unavailability, or other circumstances outside its reasonable control. In such event NAV Productions shall use commercially reasonable efforts to reschedule promptly. Rescheduling by NAV Productions shall not constitute a breach of this Agreement and shall not entitle the Client to any refund, credit, damages, or compensation for any resulting delay, missed deadline, or lost opportunity.

The Client is responsible for the accuracy of all booking information, including address, unit or suite number, access instructions, gate or lockbox codes, square footage, scope, and contact details. Fees are quoted based on the information provided. Where actual conditions differ materially from those represented at booking, including square footage, number of structures, or scope of work, NAV Productions may adjust pricing accordingly or decline to perform, and the Client shall remain liable for amounts already due.

All payments made to NAV Productions Inc., including deposits, retainers, partial payments, and payments in full, are strictly non-refundable under any circumstances once payment has been made, Services have been scheduled, resources have been allocated, or work has commenced, whichever occurs first. The Client acknowledges that NAV Productions incurs immediate and irreversible business commitments upon confirmation of Services, including scheduling personnel, reserving production dates, allocating equipment, initiating production, and foregoing other business opportunities. Accordingly, no refunds, reimbursements, credits, or adjustments shall be issued for any reason, including but not limited to cancellation, delay, dissatisfaction, or changes in the Client's needs or expectations. Cancellation, non-performance, or termination by the Client shall not relieve the Client of any obligation to pay for Services performed, scheduled, or otherwise made available.

All retainer fees are billed in advance and are strictly non-refundable under any circumstances. The Client acknowledges that such fees are paid to secure ongoing availability, priority scheduling, and allocation of NAV Productions' resources, and are not contingent upon actual usage of Services within any given period. No refunds, credits, rollovers, or adjustments shall be issued for any unused Services, cancellation, or non-use, regardless of cause. In the event of termination, dispute, or breakdown in the working relationship, NAV Productions reserves the right to recalculate and invoice Services rendered at its standard, non-discounted rates, and the Client shall remain fully liable for all such amounts.

Payment is due in full immediately upon booking. No booking is confirmed, and no date is reserved, until payment has been received in full. NAV Productions reserves the right to release, cancel, or reassign any unpaid booking without notice. Where NAV Productions has, at its sole discretion, extended alternative payment terms, issued an invoice, or otherwise permitted Services to proceed prior to payment in full, such accommodation is a one-time courtesy, does not modify this Agreement, and does not establish any ongoing right to deferred payment. Any invoice so issued is due upon receipt.

Any failure to honor payment obligations, whether at booking or after Services have been rendered, scheduled, or made available, shall constitute a material breach of this Agreement. Unpaid balances shall accrue interest at a rate of 1.5 percent per month or the maximum permitted by law, whichever is lower, calculated daily and compounded monthly, beginning on the date payment became due. A two hundred fifty dollar administrative fee shall be applied to each delinquent invoice. NAV Productions reserves the right to suspend Services, withhold Deliverables, revoke usage rights, remove hosted media, report delinquency to credit or collection agencies, and pursue recovery of all outstanding amounts including legal and administrative costs. No license or usage rights shall transfer until payment has been made in full.

The Client agrees not to initiate any chargeback, payment dispute, or reversal for Services that have been rendered, scheduled, or made available. Any chargeback initiated in contravention of this Agreement shall constitute a material breach, and the Client shall be liable for the disputed amount, all associated processing and administrative fees, all late fees and interest set forth herein, and all costs of recovery. NAV Productions may require prepayment, deposit, or alternative payment method from any Client who has previously initiated a chargeback or failed to pay when due.

The Client authorizes NAV Productions to charge any payment method on file for amounts due under this Agreement, including additional fees properly incurred under Section 6.

The following may result in charges in addition to the quoted Service fee:

Wait time. Where NAV Productions personnel arrive at the scheduled time and are unable to begin due to Property inaccessibility, occupancy, unreadiness, or absence of a required party, wait time may be billed after the first fifteen minutes at NAV Productions' standard rate.

Failed appointment. Where personnel arrive and Services cannot be performed at all, the full Service fee is forfeited and a trip charge may apply.

Rush and expedited delivery. Requests for delivery faster than standard turnaround may incur a rush fee, subject to availability and at NAV Productions' sole discretion.

Overtime and extended scope. Sessions extending materially beyond the scheduled duration, or expanding beyond the booked scope, may be billed at NAV Productions' standard hourly rate.

Travel. Locations beyond NAV Productions' standard service radius may incur mileage, travel time, lodging, per diem, tolls, parking, or related charges.

Return visits. Additional site visits required due to Client-caused conditions, including unreadiness, incorrect information, or failure to provide access, are billable at standard rates.

Additional revisions. Revisions beyond those included in the applicable scope of work, and changes in creative direction, are billable.

File retrieval. Recovery or re-delivery of files after the retention period described in Section 27, where available, may incur a retrieval fee.

Standard rates are those in effect at the time of booking and are available on request. Additional charges will be communicated where practicable but do not require advance written approval where they arise from Client-caused conditions.

The Client acknowledges that NAV Productions' Services are collaborative in nature and are performed in stages including production and post-production. The Client is responsible for providing clear, timely, and specific direction, including creative input, messaging, expectations, shot priorities, and approvals at or prior to booking and throughout the duration of the Project. NAV Productions shall interpret Client direction in a commercially reasonable manner consistent with industry standards. Failure by the Client to provide adequate, timely, or consistent direction shall not be attributed to NAV Productions and shall not constitute a failure in performance.

Post-production timelines are dependent upon Client responsiveness. Any delay caused by the Client shall not be considered a breach of this Agreement. NAV Productions shall have no obligation to revise or reshoot content where the Client failed to provide sufficient direction during the appropriate stages. All payments remain non-refundable regardless of Client participation or responsiveness.

Property preparation. The Client is solely responsible for the readiness, condition, staging, cleanliness, and presentation of the Property, including lighting, decluttering, removal of personal items, containment of animals, clearing of vehicles, and removal of obstructions. NAV Productions is not a staging, cleaning, or preparation service and shall not be responsible for the appearance of any Property. NAV Productions personnel may, as a courtesy and at their sole discretion, make minor adjustments to a Property, and shall bear no liability for any resulting condition. Deliverables reflect the Property as presented at the time of the session, and dissatisfaction with Property condition is not grounds for reshoot, refund, credit, or adjustment.

Creative discretion. Except where a specific written creative direction has been agreed in advance, NAV Productions retains sole creative and editorial discretion over shot selection, composition, framing, sequencing, editing style, pacing, color treatment, and post-production approach. The Client acknowledges that aesthetic preference is inherently subjective and that dissatisfaction with stylistic choices does not constitute a defect, breach, or failure of performance and is not grounds for refund. NAV Productions does not guarantee that any particular shot, angle, room, feature, or subject will appear in the Deliverables.

The Client represents and warrants that it holds all necessary authority, permissions, permits, releases, and consents required for NAV Productions to enter, access, photograph, film, and capture the Property and any subject thereon, and for the subsequent editing, use, distribution, publication, and licensing of the resulting Deliverables. NAV Productions relies entirely on this representation and has no independent obligation to verify authority or obtain permission from any owner, occupant, association, landlord, or other party.

Occupied properties. Where a Property is occupied by residents, tenants, guests, or employees, the Client is solely responsible for providing notice to and obtaining consent from all occupants prior to the session, and for ensuring compliance with any applicable notice period, tenancy, or privacy requirement. NAV Productions shall have no liability arising from the presence, objection, privacy, or personal property of any occupant.

Persons appearing. The Client is solely responsible for obtaining written releases from any individual who appears, or may appear, in any Deliverable. Where any individual appearing is a minor, the Client is responsible for obtaining written consent from a parent or legal guardian prior to the session. NAV Productions may, at its sole discretion, decline to capture any individual, may require production of a release before proceeding, and may remove or obscure any individual from a Deliverable. The Client shall indemnify NAV Productions against any claim arising from the appearance, likeness, voice, or personal information of any individual in any Deliverable.

Personal property and privacy. The Client is responsible for removing or securing all valuables, sensitive documents, personal photographs, identifying information, security equipment, and any item the Client does not wish captured. NAV Productions bears no responsibility for the inadvertent capture, appearance, or publication of any item, document, or information visible at the Property at the time of the session.

Third-party works at the Property. The Client acknowledges that artwork, murals, sculpture, signage, architectural features, branded goods, and other works present at a Property may be protected by copyright or trademark held by third parties. The Client is responsible for identifying any such work and for obtaining any permission required for its capture and publication.

Deliverables will be provided in digital format unless otherwise agreed. Each Project includes a limited number of revisions as defined in the applicable scope of work. Additional revisions or changes in direction may result in additional charges. Delivery timelines are estimates and may vary depending on Project complexity, weather, volume, and Client responsiveness, and time is not of the essence with respect to delivery.

Revision requests must be submitted in writing and must identify the specific Deliverable and the specific change requested. Revisions are limited to corrections and adjustments within the originally agreed scope. Changes to concept, direction, or scope constitute new work and are billable.

Unless the Client provides written notice of a technical issue within 10 days of delivery, all Deliverables shall be deemed accepted as complete and satisfactory. Following acceptance, no claim of defect, deficiency, or non-conformance may be asserted, and no refund, credit, reshoot, or adjustment shall be available.

Format and compatibility. NAV Productions delivers files in standard industry formats. NAV Productions is not responsible for the Client's ability to open, process, host, upload, or display any Deliverable, for compatibility with any third-party system, portal, MLS, or website, or for any compression, resizing, recoloring, cropping, or quality degradation applied by any third-party platform to which the Client uploads a Deliverable.

NAV Productions will reshoot at no charge only where a Deliverable is materially defective due to NAV Productions' technical error, including equipment malfunction, file corruption occurring prior to delivery, or failure to capture agreed and clearly documented scope, and where the Client reports the defect in writing within the 10-day acceptance period.

Reshoots are not available for, and NAV Productions has no obligation to reshoot in connection with: Property condition, staging, or preparation; weather, lighting, seasonal, or environmental conditions; changes to the Property after the session; changes in Client preference, direction, or personnel; dissatisfaction with creative or stylistic choices; failure by the Client to communicate scope or priorities; inability to perform aerial operations; or the Client's subsequent business needs.

Where a reshoot is granted, it is scheduled subject to availability and is the Client's sole and exclusive remedy. The Client's acceptance of a reshoot constitutes full satisfaction of any claim relating to the affected Deliverable. In no event shall a reshoot obligation give rise to any refund, credit, or damages.

All content created, captured, or produced by NAV Productions, including raw footage, edited media, and derivative works, remains the sole property of NAV Productions. The Client retains ownership of media and materials the Client independently created or lawfully owns and supplies to NAV Productions, as set forth in Section 20. Where NAV Productions edits, enhances, incorporates, or otherwise works with Client-supplied media, the Client retains ownership of the underlying original file, and NAV Productions owns the resulting edit, composite, sequence, treatment, or other derivative work it produces. NAV Productions' ownership of such derivative work does not grant the Client any right in it beyond the license set forth in this Section, and does not grant NAV Productions any ownership in the Client's underlying original file.

Upon payment in full, the Client is granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use final Deliverables for their intended purpose, being the marketing and promotion of the specific Property or Project for which they were created.

Unless otherwise agreed in writing, this license does not permit the Client to: resell, license, sublicense, syndicate, or transfer Deliverables to any third party; use Deliverables for any other property, listing, project, client, or purpose; use Deliverables in connection with any product, service, or business other than that for which they were commissioned; materially alter, re-edit, crop, filter, overlay, composite, or apply effects to Deliverables; remove or obscure any watermark, credit, copyright notice, or metadata; register or claim any copyright, trademark, or authorship in any Deliverable; or use Deliverables to train, fine-tune, or develop any machine learning model, artificial intelligence system, or dataset.

Raw, unedited, and unused files are not included in any package, are not Deliverables, and shall not be provided except by separate written agreement and additional fee.

NAV Productions retains the unrestricted, perpetual, worldwide right to use any captured material for portfolio, marketing, advertising, awards, editorial, promotional, and training purposes. Once content has been publicly posted by NAV Productions, it shall not be subject to removal or alteration except at NAV's sole discretion. A Client may request in writing prior to the session that specific material be excluded from promotional use, which request NAV Productions will consider in good faith.

Nothing in this Section grants the Client any right, license, or interest in any third-party content incorporated into a Deliverable, which is governed exclusively by Section 13.

This Section applies where Deliverables are used in connection with the marketing or sale of real property.

License is tied to the commissioning party. The license granted in Section 11 runs to the Client who commissioned and paid for the Project, for the specific Property and specific listing engagement for which the Deliverables were created. It does not run with the Property, does not transfer to any subsequent agent, brokerage, owner, buyer, seller, or listing, and does not survive the expiration or termination of the Client's listing agreement or engagement with respect to the Property.

Change of agent or brokerage. Where a listing expires, is withdrawn, is cancelled, or transfers to a different agent or brokerage, the license terminates and the Client shall cease use and shall not provide Deliverables to the successor party. Any subsequent agent, brokerage, or owner wishing to use the Deliverables must obtain a separate license from NAV Productions. Where an agent changes brokerages, the license does not automatically transfer, and continued use may require written consent.

Distribution to third-party platforms. The Client may upload Deliverables to a multiple listing service, IDX feed, syndication network, portal, or brokerage website solely for the marketing of the commissioned Property. The Client acknowledges that such platforms commonly impose terms purporting to grant themselves and their participants broad, perpetual, or sublicensable rights in uploaded content. The Client has no authority to grant any such rights in NAV Productions' Deliverables. Where the Client uploads Deliverables to any platform whose terms purport to claim rights exceeding the license granted herein, the Client does so at its own risk and shall indemnify NAV Productions against any resulting claim. The Client is solely responsible for compliance with the rules of any MLS, association, board, brokerage, or franchise to which it belongs.

Attribution and compliance. The Client is responsible for any photographer attribution, copyright notice, or disclosure required by any MLS, association, or applicable law, and for compliance with all real estate advertising, fair housing, and disclosure requirements applicable to its use of the Deliverables. NAV Productions makes no representation that any Deliverable satisfies the rules of any particular MLS, board, or jurisdiction.

Enforcement against unauthorized use. The Client acknowledges that unauthorized use, redistribution, or retention of Deliverables by the Client or by any party receiving them from the Client constitutes copyright infringement. NAV Productions reserves the right to pursue all available remedies against any infringing party, and the Client shall reasonably cooperate with any such enforcement action.

NAV Productions does not provide, own, license, sublicense, or supply music or audio of any kind. Any music, audio track, sound recording, musical composition, voice-over, stock footage, stock imagery, font, logo, trademark, or other third-party content appearing in any Deliverable is selected, supplied, requested, directed, or approved by the Client. NAV Productions grants no rights, licenses, permissions, or clearances in any such content and makes no representation or warranty that any such content is licensed, cleared, or authorized for any use.

The Client represents and warrants that it holds all necessary rights, licenses, releases, clearances, and permissions for any music, audio, or third-party content it supplies, selects, requests, directs, or approves for use in any Project. The Client is solely responsible for obtaining and maintaining such rights and for the payment of any and all fees, royalties, residuals, synchronization licenses, master use licenses, mechanical licenses, reporting obligations, or attribution requirements owed to any rights holder, artist, publisher, label, distributor, licensing platform, or performing rights organization.

Where NAV Productions incorporates music, audio, or other third-party content into a Deliverable, it does so solely as a technical editing service performed at the direction and instruction of the Client. Such incorporation is not a representation that the content is licensed or cleared, does not constitute a transfer or grant of any license, and creates no right in the Client's favor. NAV Productions is under no obligation to investigate, verify, or confirm the ownership, licensing status, or legality of any third-party content and expressly disclaims any duty to do so.

The Client assumes full and exclusive responsibility and liability for any claim, demand, cease-and-desist, takedown notice, Content ID claim, copyright strike, muting, monetization loss, removal, account suspension or termination, statutory damages, penalty, fine, settlement, judgment, or other consequence of any kind arising from or related to the use of music, audio, or third-party content in any Deliverable, on any platform, at any time, whether during or after the term of this Agreement.

The Client agrees to indemnify, defend, and hold harmless NAV Productions Inc., its officers, directors, shareholders, employees, contractors, subcontractors, and affiliates from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or related to any music, audio, or third-party content used in, requested for, or associated with any Project.

NAV Productions reserves the right, at its sole discretion and without liability, to decline to use, to remove, or to replace any music, audio, or third-party content that it believes in good faith may infringe the rights of any third party or violate the terms of any distribution platform. No refund, credit, or adjustment shall be issued on the basis of such a decision.

The provisions of this Section shall survive the termination, expiration, or completion of this Agreement.

NAV Productions may, where requested or where consistent with standard practice, apply digital enhancement to Deliverables, including sky replacement, color and exposure correction, lawn or seasonal enhancement, item removal, twilight conversion, virtual staging, virtual renovation, and other alterations, and may use automated or artificial intelligence assisted tools in doing so.

The Client is solely responsible for disclosing altered or virtually staged media wherever required. The Client acknowledges that multiple listing services, real estate boards, advertising regulators, and consumer protection laws in various jurisdictions require that digitally altered, virtually staged, or enhanced imagery be labeled or disclosed as such. NAV Productions makes no representation that any Deliverable satisfies any particular disclosure requirement and has no obligation to apply, verify, or maintain any label or watermark. The Client shall indemnify NAV Productions against any claim, complaint, regulatory action, or proceeding arising from undisclosed or inadequately disclosed alteration.

Virtual staging and enhancement are illustrative and depict possibilities rather than actual conditions. Furniture, finishes, fixtures, landscaping, and features depicted may not exist at the Property. NAV Productions makes no representation regarding the accuracy, availability, dimension, cost, or feasibility of anything depicted, and shall have no liability arising from reliance by any viewer, buyer, tenant, or third party on any enhanced or staged image.

Where the Client requests an alteration that NAV Productions believes may be misleading, unlawful, or in violation of a platform rule, NAV Productions may decline without liability and without refund.

Drone services are subject to all applicable federal, state, national, provincial, regional, and local aviation regulations in the jurisdiction where Services are performed, as well as weather conditions and safety considerations. NAV Productions retains sole discretion to determine whether aerial operations can be performed safely and legally. Where Services are performed outside the United States, aerial operations may require local permits, registrations, operator certifications, airspace authorizations, or the engagement of locally licensed operators, and may be unavailable, delayed, or restricted accordingly.

The Client is responsible for disclosing any known airspace, property, association, tenancy, or regulatory restriction applicable to the site at the time of booking, and for obtaining any property owner or association consent required for aerial operation over or adjacent to the Property. If drone footage cannot be captured due to circumstances beyond NAV's control, including regulatory denial or delay, weather, airspace restriction, or safety judgment, this shall not constitute a breach of this Agreement. No refunds or reshoots shall be required based solely on inability to perform aerial operations.

The Client is responsible for providing a safe and accessible environment and for disclosing any hazards, animals, structural defects, environmental conditions, or site-specific risks. NAV Productions shall not be liable for injuries, damages, or delays caused by unsafe conditions, undisclosed hazards, or third-party actions. The Client shall be responsible for any damage to equipment or injury to personnel resulting from unsafe or negligent conditions under the Client's control. The Client acknowledges that certain production activities involve inherent risks and assumes responsibility for ensuring safe conditions.

NAV Productions personnel may decline to enter any area, operate any equipment, or perform any activity they judge unsafe, and may terminate a session in progress where conditions warrant. Any such decision shall not constitute a breach and shall not entitle the Client to any refund or credit.

Claims of damage to a Property alleged to have been caused by NAV Productions must be reported in writing within 48 hours of the session, with photographic documentation, to be considered. NAV Productions shall have a reasonable opportunity to inspect before any repair is undertaken.

NAV Productions maintains commercial general liability insurance and such other coverage as it deems appropriate. Certificates of insurance may be provided upon reasonable request. Nothing in this Section expands NAV Productions' liability beyond the limits set forth in Section 30, and the existence, scope, or limits of any insurance policy shall not be construed as an admission of liability, a waiver of any limitation, or an agreement to assume any obligation.

The Client is responsible for maintaining its own insurance appropriate to its business and to the Property, including property, liability, and errors and omissions coverage. The Client shall not rely on NAV Productions' insurance as coverage for the Client's own risks, obligations, or property.

NAV Productions may engage subcontractors, contractors, local operators, or assigned personnel as necessary to fulfill Services in any jurisdiction. NAV Productions remains the Client's sole counterparty and point of contact, and the Client shall have no direct claim against any NAV Productions subcontractor or personnel.

The Client agrees not to solicit, hire, engage, or contract directly or indirectly with any NAV Productions employee, contractor, or subcontractor for the provision of services competitive with or similar to those offered by NAV Productions, for a period of 36 months following Project completion. Where such solicitation or engagement occurs, the Client shall pay NAV Productions a placement fee equal to fifty percent of the annual compensation or engagement value of the individual concerned, which the parties agree is a reasonable estimate of NAV Productions' recruitment, training, and replacement costs and not a penalty.

NAV Productions reserves the right to substitute personnel as necessary while maintaining professional standards. The Client acknowledges that no particular individual is guaranteed for any Project.

NAV Productions operates the Platform through which Clients may request Services, manage bookings, access galleries, and receive Deliverables. Subject to this Agreement and to payment in full, NAV Productions grants the Client a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform solely for the Client's own internal business purposes in connection with Services engaged from NAV Productions.

All software, source code, interfaces, designs, layouts, features, workflows, databases, documentation, trademarks, and branding comprising the Platform are and remain the exclusive property of NAV Productions Inc. Nothing in this Agreement transfers any ownership interest in the Platform or any component thereof.

Accounts. The Client is responsible for maintaining the confidentiality of its account credentials and for all activity occurring under its account, whether or not authorized. The Client shall notify NAV Productions promptly upon becoming aware of any unauthorized access or suspected compromise. The Client shall not share, resell, or transfer account access to any third party without written authorization. The Client is responsible for the acts and omissions of any person it permits to access its account, including employees, assistants, transaction coordinators, and marketing personnel.

Acceptable use. The Client shall not, and shall not permit any third party to: copy, modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform; access the Platform to build, benchmark, or inform a competing product or service; scrape, harvest, index, or extract data from the Platform by automated means; circumvent or attempt to circumvent any access control, rate limit, watermark, or security measure; interfere with or disrupt the integrity or performance of the Platform; upload or transmit any malicious code; access the Platform through any interface other than those provided by NAV Productions; impersonate any person or misrepresent affiliation; or use the Platform in violation of any applicable law.

Confidentiality. Access to the Platform may expose the Client to non-public information regarding NAV Productions' business, including workflows, processes, service architecture, pricing structures, features not generally available to the public, product roadmap, internal tooling, integrations, automation logic, unreleased functionality, and operational methods ("Confidential Information"). The Client agrees to hold Confidential Information in confidence, to use it solely for the purpose of engaging Services from NAV Productions, and not to disclose, publish, distribute, or otherwise make it available to any third party without prior written consent. Confidential Information does not include information that is or becomes publicly available through no fault of the Client, was lawfully known to the Client prior to disclosure, or is independently developed by the Client without reference to Confidential Information.

Non-use. The Client further agrees not to use Confidential Information, or knowledge gained through access to the Platform, to design, develop, commission, fund, or operate any product, service, or system that competes with the Platform or with NAV Productions, and not to disclose such information to any party for that purpose. This restriction shall remain in effect during the Client's use of the Platform and for a period of 24 months thereafter. Nothing in this paragraph restricts the Client from engaging any competing service provider in the ordinary course of business.

The Client shall not capture, record, screenshot, or reproduce the Platform interface for the purpose of replication, competitive analysis, or public distribution, and shall not publish reviews, comparisons, or demonstrations that disclose non-public features or functionality without prior written consent.

Trade secrets. The Client acknowledges and agrees that the Platform, its architecture, workflows, automation logic, integrations, pricing models, operational methods, and product roadmap constitute trade secrets of NAV Productions within the meaning of the Defend Trade Secrets Act, 18 U.S.C. § 1836 et seq., the Wyoming Uniform Trade Secrets Act, and any comparable trade secret, confidential information, or unfair competition law of any jurisdiction in which the Client is located or operates, and that NAV Productions derives independent economic value from their not being generally known. NAV Productions may designate any information as Confidential Information by marking, notice, or the context of disclosure.

Equitable relief. The Client acknowledges that any breach or threatened breach of the confidentiality, non-use, intellectual property, or acceptable use provisions of this Agreement would cause NAV Productions immediate and irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, NAV Productions shall be entitled to seek immediate injunctive relief, specific performance, and other equitable remedies in any court of competent jurisdiction without the necessity of proving actual damages and without the requirement to post bond or other security, in addition to all other remedies available at law or in equity.

Recovery. In any action arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, expert fees, investigative costs, court costs, and all other costs of enforcement. NAV Productions shall additionally be entitled to recover any profits, revenue, or benefit derived by the Client or any third party from a breach of the confidentiality, non-use, or intellectual property provisions herein, and such recovery shall be cumulative and not in lieu of any other remedy.

Certification. The Client agrees that upon written request from NAV Productions following a reasonable, good-faith suspicion of breach, the Client shall promptly certify in writing its compliance with the confidentiality and non-use provisions of this Agreement and shall cooperate in good faith with any reasonable inquiry into the suspected breach.

Reasonableness and reformation. The Client acknowledges that it has had the opportunity to review this Agreement with counsel of its choosing, that the restrictions set forth herein are reasonable in scope, duration, and geography, that they are necessary to protect NAV Productions' legitimate business interests, and that they do not impose an undue hardship on the Client. If any restriction is found by a court to be overbroad or unenforceable, the parties agree that such restriction shall be reformed and enforced to the maximum extent permitted by law rather than invalidated.

Availability. The Platform is provided on an "as is" and "as available" basis. NAV Productions makes no warranty that the Platform will be uninterrupted, timely, secure, error-free, or free of data loss, and disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose. NAV Productions may modify, suspend, limit, or discontinue any feature of the Platform at any time without notice or liability. Scheduled and unscheduled downtime, maintenance, third-party service failures, and internet disruptions do not constitute a breach of this Agreement and do not entitle the Client to any refund, credit, or adjustment.

Suspension. NAV Productions may suspend or terminate Platform access immediately and without notice for non-payment, breach of this Agreement, unauthorized use of Deliverables, suspected security compromise, or conduct that is abusive toward NAV Productions personnel. Upon termination, the Client's right to access the Platform ceases immediately.

The Platform may permit the Client to upload, submit, or store Client Content. Client Content belongs to the Client.

Everything NAV Productions creates, captures, or produces belongs to NAV Productions. The Client retains ownership of Client Content and grants NAV Productions a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, adapt, and display Client Content solely as necessary to provide the Services and operate the Platform. Uploading Client Content does not transfer ownership of that content to NAV Productions, and does not grant the Client any ownership interest in any Deliverable, edit, or derivative work produced by NAV Productions, which is governed by Section 11.

The Client represents and warrants that it owns or holds all necessary rights, licenses, releases, permissions, and consents in and to all Client Content, that Client Content does not infringe or violate the intellectual property, privacy, publicity, or other rights of any person or entity, and that Client Content does not violate any applicable law. The Client is solely responsible for the accuracy, legality, and appropriateness of all Client Content and agrees to indemnify, defend, and hold harmless NAV Productions from any claim arising from it.

NAV Productions does not monitor, review, verify, or moderate Client Content and assumes no responsibility for it. NAV Productions reserves the right, at its sole discretion and without liability, to remove, disable access to, or refuse to host any Client Content it believes may be unlawful, infringing, harmful, or in violation of this Agreement.

The Platform is not a backup service and is not intended for archival storage. The Client is solely responsible for independently maintaining backup copies of all Client Content and all Deliverables. NAV Productions shall have no liability for the loss, corruption, deletion, unavailability, or unauthorized access of any Client Content or Deliverable, and shall have no obligation to retain, restore, or re-deliver any file. Retrieval, where available, may be subject to additional fees.

Suspected security vulnerabilities may be reported to security@bookwithnav.com.

NAV Productions respects intellectual property rights and will respond to properly submitted notices of alleged infringement concerning content hosted on the Platform.

Submitting a notice. A notice of claimed infringement should be sent to NAV Productions' designated agent at legal@bookwithnav.com and should include: identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing and information sufficient to locate it; the complaining party's contact information; a statement that the complaining party has a good faith belief the use is not authorized by the copyright owner, its agent, or the law; a statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner; and a physical or electronic signature.

Counter-notification. A Client whose content has been removed may submit a counter-notification to the same address containing the elements required under applicable law, including a statement under penalty of perjury that the material was removed as a result of mistake or misidentification and consent to jurisdiction.

Repeat infringers. NAV Productions will terminate, in appropriate circumstances and at its sole discretion, the accounts of Clients determined to be repeat infringers.

Misrepresentation. Any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake, may be liable for damages.

Any feedback, suggestion, idea, feature request, workflow concept, improvement, bug report, or comment the Client provides regarding the Services or the Platform ("Feedback") is provided voluntarily and shall be the exclusive property of NAV Productions. The Client hereby irrevocably assigns to NAV Productions all right, title, and interest in and to all Feedback, and NAV Productions may use, implement, commercialize, and exploit Feedback for any purpose without restriction, attribution, compensation, or obligation of confidentiality. The Client waives any moral rights or claim of authorship in any Feedback.

NAV Productions may make features available on a beta, preview, trial, early access, or evaluation basis. Such features are provided "as is," without warranty of any kind, may be incomplete or unstable, may be modified or withdrawn at any time without notice, and may not function as documented. NAV Productions shall have no liability arising from any beta or preview feature, and use of such features is at the Client's sole risk. Information regarding beta features constitutes Confidential Information under Section 19.

Electronic transactions. The Client consents to transact business electronically and agrees that clicking to accept, checking a box, submitting a booking, or otherwise indicating assent through the Platform constitutes a legally binding signature. The Client agrees that electronic records satisfy any requirement that an agreement be in writing and consents to receive all notices, disclosures, agreements, invoices, and communications electronically.

Service communications. The Client consents to receive operational communications by email, text message, push notification, and telephone relating to bookings, scheduling, delivery, billing, and account matters. These communications are necessary to the Services and cannot be discontinued while an engagement is active without impairing performance.

Marketing communications. By providing a telephone number, the Client consents to receive marketing and promotional communications by email, text message, and telephone from NAV Productions, including messages delivered by automated means. Consent to marketing communications is not a condition of purchase. Message and data rates may apply. The Client may opt out of marketing text messages by replying STOP and may opt out of marketing emails by using the unsubscribe link in any such message. Opting out of marketing does not opt the Client out of operational communications.

Authority to consent. The Client represents that any telephone number it provides belongs to the Client or that the Client is authorized to provide it and to consent to communications on behalf of the subscriber. The Client shall promptly notify NAV Productions if any number is reassigned or no longer under the Client's control, and shall indemnify NAV Productions against any claim arising from a number provided without authority.

Recording. NAV Productions may record or monitor telephone calls and support communications for quality, training, and record-keeping purposes where permitted by law.

NAV Productions uses a range of internal and third-party systems, tools, platforms, and analytics to run our business, manage bookings, deliver projects, and improve the overall client experience. We handle client information with care and in accordance with our privacy practices and applicable law. Questions or requests regarding client information may be directed to privacy@bookwithnav.com.

NAV Productions may use aggregated, de-identified, or anonymized data derived from use of the Services and the Platform for analytics, benchmarking, service improvement, product development, and business purposes, provided such data does not identify the Client or any individual.

The Client is responsible for the lawfulness of any personal information it provides to NAV Productions, including contact details of sellers, buyers, tenants, occupants, or third parties, and for having any notice or consent required for NAV Productions to process such information in connection with the Services.

This Agreement takes effect upon the Client's first use of the Platform or engagement of Services and continues until terminated.

NAV Productions may suspend or terminate this Agreement, any Project, or Platform access immediately and without notice for non-payment, breach, unauthorized use of Deliverables, misrepresentation of business status, suspected fraud or security compromise, conduct abusive toward NAV Productions personnel, unreasonable demands, interference with performance, or where continued performance would be unlawful or unsafe.

The Client may terminate by ceasing use of the Platform, subject to payment of all amounts due and to the non-refundable provisions of Section 4.

Upon termination: all licenses granted to the Client terminate immediately and the Client shall cease all use of Deliverables and remove them from all listings, websites, portals, and marketing materials within ten days; Platform access ceases; all amounts owed become immediately due; and NAV Productions may delete Client Content and hosted media without further notice. Termination does not entitle the Client to any refund and does not relieve either party of obligations accrued prior to termination.

If the Client fails to provide direction, feedback, or required materials for 30 days, the Project may be deemed inactive. NAV Productions reserves the right to close inactive Projects and require additional fees or updated pricing for reactivation. Deliverables are deemed accepted upon delivery, and the Client is responsible for downloading and securely storing all files. NAV Productions shall have no obligation to retain raw footage, Client Content, or project files after Project completion. Retrieval, if available, may be subject to additional fees.

The Client represents and warrants, on a continuing basis, that: it has full power and authority to enter into this Agreement; the individual accepting has authority to bind it; all information provided is accurate and complete; it holds all rights, permissions, releases, and consents required under Sections 8, 13, and 20; its use of Deliverables complies with all applicable law and with the rules of any MLS, board, association, brokerage, or platform to which it belongs; it will not use Deliverables in any misleading, deceptive, defamatory, or unlawful manner; and it is not subject to any sanctions or restricted party designation.

The Client shall comply with all applicable anti-corruption, anti-bribery, and anti-money laundering laws, including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act, and shall not offer or provide anything of value to any government official in connection with this Agreement.

NAV Productions makes no guarantee regarding performance, results, or outcomes of any Deliverables, including any marketing, engagement, showing, offer, sale, lease, valuation, or business result. Real estate outcomes depend on numerous factors outside NAV Productions' control.

THE SERVICES, DELIVERABLES, AND PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR QUIET ENJOYMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NAV PRODUCTIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

NAV Productions is not a licensed real estate broker, appraiser, inspector, surveyor, architect, or legal advisor, and nothing produced or provided constitutes a representation regarding the condition, dimensions, boundaries, legal status, compliance, or value of any Property. Measurements, floor plans, and square footage figures are approximate, are provided for marketing illustration only, and should not be relied upon by any party. The Client is responsible for verifying and for including appropriate disclaimers in its own marketing.

NAV Productions shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, lost opportunity, lost listings, diminished sale price, or loss of data, arising out of or related to this Agreement, the Services, the Deliverables, or the Platform, regardless of the theory of liability and even if advised of the possibility of such damages.

NAV Productions' total aggregate liability arising out of or related to this Agreement, the Services, or the Platform shall not exceed the amount actually paid by the Client to NAV Productions for the specific Project giving rise to the claim.

The foregoing limitation applies to NAV Productions' liability only and shall not limit, cap, or restrict the Client's liability arising from breach of Sections 8, 11, 12, 13, 14, 19, or 20, from the Client's indemnification obligations, or from any unpaid amounts owed to NAV Productions.

Limitation period. Any claim arising out of or related to this Agreement must be brought within one year after the claim accrues, or it is permanently barred, to the maximum extent permitted by applicable law. The Client acknowledges that the fees charged reflect the allocation of risk set forth in this Agreement, that NAV Productions would not provide the Services at these rates absent these limitations, and that these limitations are an essential basis of the bargain and shall apply notwithstanding the failure of any limited remedy.

The Client shall indemnify, defend, and hold harmless NAV Productions Inc., its officers, directors, shareholders, employees, contractors, subcontractors, agents, and affiliates from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: Client Content and any music, audio, or third-party content; the Client's use, distribution, modification, or syndication of any Deliverable; breach of any representation, warranty, or obligation herein; failure to obtain any required release, permit, consent, or authorization; any condition of, incident at, or dispute concerning any Property; undisclosed alteration or virtual staging; any communication sent to a telephone number provided without authority; and any violation of applicable law or third-party rights.

NAV Productions shall have the right, at the Client's expense, to assume exclusive control of the defense and settlement of any claim subject to indemnification, and the Client shall cooperate fully. The Client shall not settle any such claim in a manner that imposes obligation or admits fault on the part of NAV Productions without prior written consent.

Neither party shall be liable for any failure or delay in performance arising from circumstances beyond its reasonable control, including weather, natural disaster, fire, flood, earthquake, epidemic or public health measure, civil unrest, war, terrorism, government action, border closure, travel restriction, labor disruption, carrier or supplier failure, equipment seizure, currency control, utility or internet outage, or regulatory change in any jurisdiction. The affected party shall notify the other promptly and shall resume performance as soon as reasonably practicable. Payment obligations are not excused by this Section.

NAV Productions may provide Services in jurisdictions outside the United States. The following provisions apply to any engagement where Services are performed outside the United States or where the Client is located outside the United States.

Local law and feasibility. Services are subject to the laws, licensing requirements, permitting regimes, labor rules, import and equipment restrictions, and operational constraints of the jurisdiction in which they are performed. NAV Productions may engage locally licensed operators, subcontractors, or production partners to fulfill Services and may decline, modify, delay, or discontinue any Service that cannot be lawfully or safely performed in a given jurisdiction. Any such decision shall not constitute a breach and shall not entitle the Client to any refund, credit, or adjustment beyond a pro rata credit for Services not performed, issued at NAV Productions' sole discretion.

Currency, taxes, and duties. Unless expressly stated otherwise, all pricing, invoicing, and payment shall be in United States Dollars. The Client bears all currency conversion costs, foreign transaction fees, wire fees, intermediary bank charges, and exchange rate variance. All fees are exclusive of value added tax, goods and services tax, sales tax, withholding tax, customs duties, tariffs, levies, and any other tax or governmental charge imposed in any jurisdiction. The Client is solely responsible for all such amounts and shall pay them in addition to the stated fees. Where the Client is required by law to withhold any amount from a payment, the Client shall gross up the payment so that NAV Productions receives the full invoiced amount.

Travel, logistics, and additional costs. Engagements requiring international travel may be subject to additional fees covering airfare, lodging, ground transport, per diem, equipment shipping, carnets, customs clearance, insurance, visas, permits, and local crew. Such costs are estimated in good faith and, where actual costs exceed estimates due to circumstances outside NAV Productions' control, the Client shall be responsible for the difference. All travel-related costs are non-refundable once incurred or committed.

Client compliance obligations. The Client is solely responsible for ensuring that its use of Deliverables complies with the laws of every jurisdiction in which it publishes, distributes, or displays them, including advertising, real estate marketing, disclosure, consumer protection, privacy, and data protection laws. The Client is responsible for obtaining all releases, consents, and permissions required under local law for the filming of any person, property, or location, which requirements may be materially more restrictive than those applicable in the United States.

Sanctions and export controls. The Client represents and warrants that it is not located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive sanctions, and is not identified on any restricted party list maintained by the United States, the United Nations, the European Union, or the United Kingdom. NAV Productions may suspend or terminate any engagement immediately and without liability where continued performance would violate any applicable sanctions or export control law.

Data protection. Where the Client or any data subject is located in a jurisdiction with applicable data protection law, the parties shall comply with their respective obligations under such law. The Client acknowledges that provision of the Services may involve the transfer of information to the United States and consents to such transfer. Where required, the parties shall execute a separate data processing agreement or transfer mechanism, which shall supplement and not replace this Agreement. Data protection inquiries may be directed to privacy@bookwithnav.com.

Language and interpretation. This Agreement is executed in the English language. Any translation is provided for convenience only, and the English version shall govern in the event of any conflict, ambiguity, or discrepancy. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to conflict-of-law principles.

Negotiation. The parties shall first attempt in good faith to resolve any dispute through direct negotiation for a period of thirty days following written notice of the dispute, delivered to legal@bookwithnav.com or to the Client's address of record.

Arbitration. Any dispute, claim, or controversy not resolved through negotiation shall be finally resolved by binding arbitration administered under the applicable rules of a recognized arbitral institution designated by NAV Productions at the time of filing. The seat and legal place of arbitration shall be Cheyenne, Wyoming, United States. The arbitration shall be conducted in the English language before a single arbitrator. The arbitral award shall be final and binding, and judgment upon the award may be entered and enforced in any court of competent jurisdiction, including for purposes of recognition and enforcement under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). The Client irrevocably waives any objection to the seat of arbitration on grounds of inconvenient forum.

Injunctive relief carve-out. Notwithstanding the foregoing, NAV Productions may seek interim, provisional, or permanent injunctive relief, attachment, or other equitable remedy to protect its intellectual property, confidential information, or trade secrets, or to recover unpaid amounts, in any court of competent jurisdiction in any jurisdiction, and such action shall not constitute a waiver of the agreement to arbitrate.

Class waiver. All disputes shall be brought in the parties' individual capacity. The Client waives any right to participate in any class, collective, consolidated, or representative proceeding, and the arbitrator shall have no authority to consolidate claims or preside over any class or representative action.

Amendments. NAV Productions reserves the right to modify this Agreement at any time by posting a revised version to the Platform and updating the Effective Date. Material changes will be communicated by email or in-Platform notice where practicable. Continued use of the Services or Platform following such posting constitutes acceptance. The version in effect at the time of a booking governs that booking.

Notices. Notices to NAV Productions shall be sent to legal@bookwithnav.com. Where a physical mailing address is required for formal service or statutory notice, NAV Productions' address of record is that on file with the Wyoming Secretary of State. Notices to the Client may be sent to the email address or physical address on file, or delivered through the Platform, and shall be deemed received on the date sent.

Assignment. The Client may not assign, delegate, or transfer this Agreement or any right or obligation hereunder, by operation of law or otherwise, without NAV Productions' prior written consent, and any attempted assignment without consent is void. NAV Productions may assign freely, including in connection with any merger, acquisition, reorganization, or sale of assets.

Relationship of the parties. NAV Productions is an independent contractor. Nothing in this Agreement creates any partnership, joint venture, franchise, employment, fiduciary, or agency relationship between the parties. Neither party has authority to bind the other.

No third-party beneficiaries. This Agreement is for the benefit of the parties only. No other person or entity shall have any right to enforce any provision hereof.

Waiver. No failure or delay in exercising any right shall operate as a waiver. No waiver is effective unless in writing and signed by the waiving party, and no waiver of any breach constitutes a waiver of any other or subsequent breach.

Severability and reformation. If any provision is held invalid or unenforceable, it shall be reformed to the minimum extent necessary to make it enforceable, and the remainder of this Agreement shall continue in full force.

Construction. Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." This Agreement shall not be construed against either party as drafter, and the Client acknowledges it has had the opportunity to review this Agreement with counsel of its choosing.

Entire agreement and precedence. This Agreement, together with any proposal, quote, statement of work, or invoice referencing it, constitutes the entire understanding between the parties and supersedes all prior or contemporaneous agreements, representations, and understandings, whether oral or written. In the event of conflict, a separately executed written agreement signed by both parties controls, followed by this Agreement, followed by any proposal or quote. Any Client purchase order, vendor form, or pre-printed terms are of no effect and are expressly rejected.

Publicity. NAV Productions may identify the Client as a client and may use the Client's name and logo for portfolio and marketing purposes unless the Client objects in writing.

Survival. Sections 1, 4, 5, 8, 11, 12, 13, 14, 17, 18, 19, 20, 21, 22, 24, 25, 26, 28, 29, 30, 31, 33, 34, and 35 survive termination or expiration of this Agreement.

NAV Productions Inc.
A Wyoming corporation
877-628-7763

General inquiries: info@nav-productions.com
Legal and contract notices: legal@bookwithnav.com
Privacy requests: privacy@bookwithnav.com
Security reports: security@bookwithnav.com