Sq Feet for Commercial Property
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These Terms of Use govern the commercial real estate marketing, leasing, visualization, and related services provided by Daily As Built LLC ("Daily As Built") to the Client.
These Terms apply to services ordered for office, retail, industrial, medical, hospitality, mixed-use, multifamily, land, and other commercial real estate properties or spaces.
By placing an order, scheduling services, accepting delivery of, downloading, or using any Deliverables, Client acknowledges that they have read, understood, and agree to these Terms of Use.
Daily As Built provides commercial real estate marketing and leasing services, which may include, but are not limited to:
Services and Deliverables are limited to those specifically selected, ordered, or identified in a written proposal or scope of work.
Daily As Built is committed to producing high-quality commercial real estate marketing media that presents properties professionally while maintaining a fair and accurate representation of their permanent physical characteristics.
Image editing, visualization, and enhancement techniques are intended to improve presentation, consistency, and marketing effectiveness. Daily As Built does not use these services to intentionally create deceptive or misleading representations of a property's permanent features or condition.
Our goal is to help owners, brokers, property managers, developers, investors, and other commercial real estate professionals communicate the value and potential of a property while maintaining appropriate professional and ethical standards.
Client represents that Client is the property owner, an authorized broker, property manager, developer, tenant representative, asset manager, or other party legally authorized to order the services and permit Daily As Built to enter, photograph, scan, and document the property.
Client is responsible for obtaining all permissions, approvals, tenant notices, releases, and authorizations required for Daily As Built to perform the ordered services.
Daily As Built is not responsible for disputes arising from Client's lack of authority to order services, grant property access, or authorize the use of the Deliverables.
Client is responsible for ensuring that the property is ready for photography, scanning, or other scheduled services at the appointment time.
Unless otherwise agreed in writing, Daily As Built is not responsible for:
Client should ensure that all areas intended to be documented are clean, accessible, illuminated, and presented in their intended marketing condition.
An unprepared property may result in incomplete services, additional charges, reduced image quality, or rescheduling.
Client is responsible for coordinating access to all areas included in the ordered scope of services.
This may include:
Client shall coordinate occupants, tenants, security personnel, access cards, keys, lockboxes, alarm systems, elevators, loading access, escorts, and site-specific instructions before the scheduled appointment.
Daily As Built is not responsible for delays, incomplete Deliverables, or omitted areas resulting from restricted access, occupied spaces, locked rooms, incorrect instructions, unavailable escorts, or other access limitations.
Return visits required because an area was not accessible during the original appointment may be subject to additional service and travel charges.
Client is responsible for providing a reasonably safe work environment and notifying Daily As Built before the appointment of known hazards, restricted areas, active construction, required personal protective equipment, hazardous materials, security procedures, or other site-specific conditions.
Daily As Built may decline to enter or document any area that, in its reasonable professional judgment, presents an unsafe condition or requires training, certification, protective equipment, or authorization not previously disclosed or provided.
Daily As Built does not assume responsibility for:
Client remains responsible for compliance with all property, workplace, construction, safety, and regulatory requirements.
Exterior photography or other services may be rescheduled when weather conditions would, in Daily As Built's professional judgment, negatively affect image quality, property presentation, equipment safety, or personnel safety.
Drone services are subject to Federal Aviation Administration regulations, airspace authorization, temporary flight restrictions, weather, wind, visibility, nearby airports or heliports, critical infrastructure restrictions, property conditions, and the remote pilot's determination that the operation can be completed safely and legally.
Daily As Built does not guarantee that drone services can be performed at every property, even when drone photography or video has been ordered.
If drone services cannot be completed legally or safely, Daily As Built may reschedule the service, provide an appropriate alternative when available, or adjust the scope and fees as agreed with Client.
Clients are encouraged to provide as much advance notice as possible when an appointment must be canceled or rescheduled.
Appointments canceled or rescheduled with less than 24 hours' notice, or appointments where Daily As Built is unable to perform the services because of lack of access, an unprepared property, unavailable escorts, active construction, utility outages, tenant restrictions, security restrictions, or other circumstances beyond Daily As Built's control, may be subject to a cancellation, rescheduling, or trip fee.
If additional site visits are required because the property was not ready or accessible at the original appointment, additional service and travel charges may apply.
Daily As Built reserves the right to reschedule services because of unsafe conditions, severe weather, illness, equipment failure, transportation issues, airspace restrictions, or other circumstances beyond its reasonable control.
Daily As Built provides services throughout the greater Austin metropolitan area.
Properties located outside Daily As Built's standard service area may be subject to additional travel fees. Applicable travel charges will be disclosed to Client before scheduling or will be identified in the applicable proposal or order.
Additional travel charges may also apply when multiple visits are requested or become necessary because of property readiness, access limitations, weather, scope changes, or additional services requested after the original appointment.
As part of Daily As Built's standard workflow, photographs may receive professional processing or enhancements such as:
Examples of personal property or temporary items may include furniture, décor, artwork, vehicles, trash receptacles, movable signs, boxes, temporary equipment, construction materials, hoses, seasonal decorations, and similar movable objects.
Daily As Built does not intentionally alter, add, remove, repair, or conceal permanent structural features, fixtures, built-in improvements, or material property conditions, including walls, doors, windows, roofs, paving, permanent signs, mechanical equipment, fences, cabinetry, plumbing fixtures, electrical fixtures, landscaping features, or other components of the real property.
Daily As Built will not knowingly create or deliver images that materially misrepresent the permanent physical characteristics or condition of a property.
Client is responsible for determining whether enhanced or virtually staged images must be labeled, disclosed, paired with original images, or used in a particular manner under applicable laws, brokerage policies, advertising rules, listing-platform requirements, investment-offering standards, or other governing requirements.
Virtual staging, digitally added furniture, conceptual layouts, and other computer-generated enhancements are intended to help viewers understand the potential use or presentation of a space.
Digitally added furnishings, finishes, equipment, décor, improvements, tenants, landscaping, signage, or other elements do not represent existing conditions and are not included with the property unless Client clearly states otherwise.
Virtual staging and conceptual visualizations are marketing tools only. They are not architectural plans, construction documents, specifications, cost estimates, code reviews, or guarantees that a proposed layout or improvement can be constructed, permitted, leased, or occupied.
Client is responsible for clearly identifying virtually staged or conceptual images when required by law, brokerage policy, platform rules, offering-material standards, or other applicable requirements.
Marketing Floor Plans are intended to help prospective tenants, buyers, investors, occupants, and other stakeholders understand the general layout and approximate dimensions of a commercial property or space.
Marketing Floor Plans are created for marketing and leasing purposes only and are not architectural drawings, construction documents, certified surveys, or comprehensive Existing Conditions documentation.
Dimensions, room sizes, suite areas, gross areas, rentable areas, usable areas, and other measurements may be approximate and may be based on visible and accessible conditions at the time of service.
Unless a specific measurement standard and calculation service are expressly identified in writing, Daily As Built does not certify compliance with BOMA, ANSI, RECA, appraisal, lease, tax, survey, or other measurement standards.
Floor plans and area information should not be relied upon as the sole basis for lease obligations, purchase decisions, valuations, construction, engineering, permitting, furniture procurement, code analysis, occupancy calculations, or other technical or contractual purposes.
Client and all prospective tenants, buyers, investors, brokers, architects, contractors, and other users should independently verify information important to their intended use.
iGUIDE® virtual walkthroughs and other interactive media are intended to assist with marketing, leasing, visualization, remote property review, and general understanding of a property's layout.
Interactive tours may not depict every room, detail, feature, defect, obstruction, or condition of the property.
Image appearance, navigation, measurements, labels, and functionality may be affected by the property configuration, capture conditions, internet connection, browser, device, third-party processing, or platform limitations.
Daily As Built does not guarantee uninterrupted or permanent availability of interactive tours or other third-party-hosted services.
Daily As Built offers both marketing services and separate Existing Conditions documentation services.
Unless specifically identified in the order, proposal, or scope of work as Existing Conditions documentation, Deliverables provided under these Terms are marketing and leasing materials.
Marketing Deliverables are not intended to constitute:
Marketing Deliverables should not be relied upon for design, permitting, construction, fabrication, estimating, engineering, regulatory compliance, life-safety decisions, lease measurements, or other technical uses unless a separate written scope expressly provides otherwise.
This section applies only when conceptual space planning, test fits, furniture layouts, or related visualization services are ordered.
Conceptual space plans and test fits are intended for preliminary planning, leasing discussions, scenario evaluation, and visualization only.
They are not construction documents and do not constitute architectural, engineering, interior-design, accessibility, building-code, fire-code, life-safety, occupancy, permitting, or professional design services.
Daily As Built does not guarantee that a conceptual plan can be permitted, constructed, occupied, leased, or completed within any preliminary budget or schedule.
Client is responsible for obtaining review and approval from appropriately licensed architects, engineers, contractors, code consultants, landlords, authorities having jurisdiction, and other professionals before relying on a conceptual plan for construction or occupancy.
Furniture, equipment, materials, finishes, and cost information shown in a conceptual plan are illustrative unless specifically stated otherwise in writing.
Client is responsible for the accuracy, completeness, and legality of all information supplied to Daily As Built or used in connection with the Deliverables.
This includes, but is not limited to:
Daily As Built does not independently verify property, lease, financial, zoning, legal, appraisal, environmental, investment, or brokerage information supplied by Client.
Client is solely responsible for reviewing and approving all marketing content and ensuring compliance with applicable laws, brokerage policies, licensing requirements, fair housing requirements, securities laws, advertising standards, disclosure obligations, and listing-platform rules.
Property websites, interactive tours, video hosting, mapping, file delivery, and other services may rely on third-party platforms or service providers.
Daily As Built does not control and is not responsible for the availability, performance, security, search-engine ranking, compression, formatting, display quality, policy changes, account restrictions, data practices, or continued operation of third-party services.
Client is responsible for maintaining any domains, subscriptions, listings, links, accounts, or platform access necessary for continued use of the Deliverables.
Unless expressly included in writing, Daily As Built does not guarantee permanent hosting or continued availability of property websites, virtual tours, download links, or other hosted content.
Deliverables are generally provided electronically through Daily As Built's online delivery platform or another agreed delivery method.
Delivery timelines are estimates and may vary based on property size, services ordered, access limitations, editing requirements, virtual staging, third-party processing, weather delays, scope changes, or circumstances beyond Daily As Built's reasonable control.
Client is responsible for reviewing Deliverables promptly and notifying Daily As Built of requested corrections within a reasonable period after delivery.
Daily As Built may correct errors or omissions that are within the agreed scope. Requests for additional photography, new site visits, substantial revisions, alternative edits, restaging, redesign, or work beyond the original scope may be subject to additional fees.
Client's approval, publication, distribution, or use of the Deliverables may be considered acceptance of the Deliverables as provided, except for latent errors that could not reasonably have been identified during review.
Payment is due according to the terms stated in the order, proposal, invoice, or other agreement between Client and Daily As Built.
Daily As Built reserves the right to require a deposit, withhold delivery, restrict access, suspend hosted materials, or revoke permission to use Deliverables until all amounts due have been paid in full.
Additional services, return visits, revisions beyond the original scope, travel, expedited delivery, hosting, and third-party charges may be invoiced separately.
All Deliverables remain the intellectual property of Daily As Built LLC.
Client's rights to use the Deliverables are governed by the Digital Deliverables License and Terms of Use, which is incorporated into these Terms of Use by reference.
Unless otherwise agreed in writing, the license applies only to the specific property, project, and marketing or leasing purpose for which the Deliverables were created.
Deliverables may be shared with property owners, brokers, property managers, leasing teams, prospective tenants, buyers, investors, consultants, and marketing vendors only as reasonably necessary for the applicable property and Project.
Deliverables may not be sold, sublicensed, transferred for unrelated commercial use, or reused to market another property without Daily As Built's prior written permission.
Daily As Built does not guarantee any particular level of interest, website traffic, inquiries, showings, leasing activity, occupancy, sale price, rental rate, investment result, transaction outcome, or other marketing performance.
Marketing results depend on numerous factors outside Daily As Built's control, including market conditions, pricing, property condition, location, brokerage efforts, advertising strategy, platform performance, and Client's use of the Deliverables.
To the fullest extent permitted by law, Daily As Built shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or lost-profit damages arising out of or relating to the services provided, use of the Deliverables, a leasing or sales transaction, reliance on property information, platform performance, or marketing results.
Client is solely responsible for property information, marketing claims, disclosures, measurement representations, leasing information, investment information, regulatory compliance, and the manner in which the Deliverables are published, distributed, or used.
Daily As Built's total cumulative liability arising out of or relating to the services provided shall not exceed the total amount paid by Client for the specific services giving rise to the claim.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas.
Any legal action arising from these Terms of Use shall be brought exclusively in the state or federal courts located in Travis County, Texas.
By placing an order, scheduling services, accepting delivery of, downloading, publishing, distributing, or using Deliverables provided by Daily As Built LLC, Client acknowledges that they have read, understood, and agree to these Terms of Use, the Daily As Built Disclaimer, and the Digital Deliverables License and Terms of Use.
Daily As Built LLC | Commercial Real Estate Marketing & Leasing Services – Terms of Use | Version 1.0
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Daily As Built
703.608.5246
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