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Terms of Service

Effective Date: 06/14/25

These Terms of Service (“Agreement”) are entered into by and between you (“you,” “your,” or “user”) and Berin Klawiter, LLC, doing business as BK Captured (“BK Captured,” “we,” “our,” or “us”). This Agreement governs your access and use of our website https://www.bkcaptured.com (“Site”), and all associated services, deliverables, and content provided by BK Captured (collectively, the “Services”).

Please review these Terms of Service and our Privacy Policy (https://www.bkcaptured.com/privacy-policy) carefully. By accessing our Site or using our Services, you agree to be bound by this Agreement. If you do not agree, do not access the Site or use our Services.

  1. ELIGIBILITY You must be at least 18 years old and legally capable of entering into contracts to use our Site or Services. If you are using our Services on behalf of another person or entity, you represent that you have the authority to bind them to this Agreement.
  2. PRIVACY AND CCPA RIGHTS BK Captured complies with the California Consumer Privacy Act (CCPA). California residents have the right to:
  • Know what personal data we collect and how we use it
  • Request deletion of personal data (subject to legal exemptions)
  • Opt-out of the sale or sharing of personal information (we do not sell your data)
  • Non-discrimination for exercising privacy rights To submit a privacy-related request, email [email protected] or write to: BK Captured 265 E River Park Circle, 1st Floor Fresno, California 93720

For a full explanation of your rights and our data practices, please read our Privacy Policy.

  1. SERVICES Details of Services (photo packages, add-ons, scheduling, deliverables) remain as outlined in your service agreement and/or our website. We reserve the right to revise offerings and pricing at any time.
  2. USER CONDUCT You agree to use the Site and Services only for lawful purposes. You may not:
  • Infringe our intellectual property or those of others
  • Misuse the Site, engage in fraudulent behavior, or interfere with security features
  • Attempt unauthorized access to the Site, user data, or systems
  1. INTELLECTUAL PROPERTY All content, including photos, video, software, and text, is owned by BK Captured or licensed to us. Deliverables are licensed, not sold. You are granted a limited, non-exclusive license to use deliverables solely for marketing the associated real estate listing, subject to compliance with this Agreement.
  2. PAYMENT TERMS All fees are due upon delivery unless otherwise agreed in writing. Travel, rescheduling, and cancellation fees apply as listed on our Site. We reserve the right to suspend Services for nonpayment.
  3. CANCELLATION POLICY
  • Cancellations/reschedules made more than 24 hours in advance incur no fee
  • Cancellations made less than 24 hours prior to a shoot incur a fee of 25%
  • On-site cancellations incur full travel charges
  1. WARRANTIES & DISCLAIMERS We provide Services with reasonable care and skill. EXCEPT AS EXPRESSLY STATED, BK CAPTURED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  2. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, BK CAPTURED IS NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
  3. THIRD-PARTY INTEGRATIONS BK Captured may provide access to tools or integrations operated by third parties (e.g., payment processors like Square, analytics providers like Google Analytics, or marketing automation services). We are not responsible for the privacy practices or content of these third-party tools. Your use of third-party services is governed by their respective terms of use and privacy policies. BK Captured disclaims all liability for any harm or loss arising from your use of such third-party services. You acknowledge and agree that you use such third-party integrations at your own risk.
  4. DISPUTE RESOLUTION & GOVERNING LAW Any disputes will be governed by the laws of the State of California without regard to its conflict of laws rules. You agree to resolve any claim through binding arbitration in Fresno County, California. You waive the right to a jury trial or class action.
  5. MODIFICATIONS We may update this Agreement at any time. Changes will be posted on our Site with a new effective date. Continued use of our Services constitutes acceptance of the updated terms.
  6. CONTACT INFORMATION If you have any questions about these Terms, contact us at: [email protected]

Berin Klawiter, LLC 265 E River Park Circle, 1st Floor Fresno, CA 93720

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(805) 232-344