Real Estate Terms & Conditions

Overview

These Terms and Conditions ("Terms") govern all photography and videography services provided by Zamora Digital Studios ("COMPANY") to the hiring client ("CLIENT") for real-estate listing media. By creating or accepting an appointment, booking services, selecting a license option, or submitting payment, the CLIENT acknowledges that they have read, understood, and agreed to these Terms.

License Tier — Standard Listing License (included). The CLIENT has selected the standard listing license. This license is limited to marketing of the active listing and does not include paid-advertising rights or post-close (perpetual) use.

1. Services Provided

The COMPANY agrees to provide photography and/or videography services for the specific property requested by the CLIENT. The scope of services is determined by the package or services selected at the time of booking.

2. Payment Terms

Full payment is due upon delivery of the media. The CLIENT will receive an invoice at the time of delivery. Access to the final media files will not be granted until the invoice has been paid in full, and the COMPANY reserves the right to withhold delivery until payment is received in full. The COMPANY reserves the right to cancel, postpone, or refuse future services if the CLIENT has outstanding unpaid invoices.

If an invoice remains unpaid more than seven (7) days after the date of delivery, a late fee of fifty dollars ($50) applies. An additional late fee of twenty-five dollars ($25) applies for each subsequent seven (7) day period during which the invoice remains unpaid, up to a maximum additional amount equal to the lesser of one hundred fifty dollars ($150) or the total invoice amount. The COMPANY will send payment reminders before the late fee applies. Late fees are in addition to the invoice amount and to any other remedy available to the COMPANY for non-payment, including withholding access to the delivered media until the invoice and any accrued late fees are paid in full.

Once a late fee has been incurred, the COMPANY may continue to withhold access to the delivered media until that late fee is paid in full or waived by the COMPANY in its sole discretion — even if the underlying invoice has since been paid. Payment of the invoice alone does not restore access while a late fee remains outstanding.

All fees are exclusive of applicable taxes. The CLIENT is responsible for any Georgia state and local sales tax due on the delivered media at the then-current applicable rate.

3. Delivery of Media

Final edited media will typically be delivered within 24-48 hours, unless otherwise communicated. Media is delivered through the ZDS Client Portal as an online gallery, from which the CLIENT can view and download the files.

4. Copyright Ownership & Reservation

All photographs, videos, and media created by the COMPANY remain the exclusive intellectual property of Zamora Digital Studios. This agreement does not constitute a work-for-hire arrangement under U.S. Copyright Law; the CLIENT is granted only the limited usage license described in these Terms. The COMPANY retains all copyright-management information (authorship, ownership, and licensing metadata) embedded in or accompanying the media, and the CLIENT shall not remove, alter, or falsify it.

5. License Grant

The COMPANY grants the CLIENT a limited, non-exclusive, non-transferable, and non-sublicensable license to use the delivered media solely to market the specific property associated with the commissioned listing, for the duration of the active listing. The license applies only to the CLIENT who ordered the services and may not be transferred or assigned without the COMPANY's written permission.

6. Permitted Use

The CLIENT may use the media for the following purposes:

• MLS property listings

• Property marketing websites

• Property brochures or flyers

• Organic social media posts promoting the property

• Agent marketing related specifically to the property listing

All use must be directly related to the marketing of the specific property photographed, during the active listing period.

7. Brokerage and Team Use

The license extends to the CLIENT's immediate real-estate team or brokerage directly involved in marketing the specific property listing. Team or brokerage members may use the media to promote the listing on MLS listings, property marketing websites, the brokerage's website, and social media posts related to the property listing. All such use must be directly related to marketing the specific property. The permission does not extend to national or parent brokerage companies, franchise brands, or corporate marketing divisions unless a separate license is obtained from the COMPANY. Use by any entity outside the CLIENT's immediate brokerage or team requires written permission and a separate license agreement.

8. Term & Post-Close Use

The license is valid for the duration of the active property listing. After the property sale has been finalized, the CLIENT may use the media for one (1) organic promotional post or announcement referencing the completed sale (such as a "Just Sold" social post). Any additional promotional or marketing use after the listing expires or the property sells requires an extended license from the COMPANY (see Section 21).

9. Paid Advertising

The license granted under this tier does not include use of the media for paid advertising or sponsored promotion. This includes, without limitation: Facebook Ads, Instagram Ads, YouTube Ads, Google Ads, boosted social media posts, and any other paid digital or print advertising. Paid-advertising use requires the Paid-Advertising license option or a separate commercial advertising license issued by the COMPANY.

10. Third-Party Use

Use of the media by any third party is strictly prohibited without prior written permission from the COMPANY. This includes, without limitation: builders, architects, interior designers, stagers, sellers or homeowners, and other real-estate agents or brokerages. Third parties seeking to use the media must obtain a separate licensing agreement directly from the COMPANY.

11. Future Listings

If the photographed property is later listed for sale by another real-estate agent or brokerage, the media may not be reused by that party without obtaining a new license from the COMPANY. A CLIENT holding a perpetual license retains their own perpetual rights under Section 5, but that license is personal to the CLIENT and does not transfer to a subsequent listing agent or brokerage.

12. MLS Compliance

The CLIENT is responsible for ensuring that all media usage complies with the rules and regulations of the applicable Multiple Listing Service (MLS). The COMPANY is not responsible for any MLS violations resulting from how the CLIENT uses the delivered media.

13. Property Readiness

The CLIENT is responsible for ensuring the property is fully prepared and photo-ready at the scheduled appointment time. The COMPANY is not responsible for issues related to cleaning, staging, landscaping, lighting conditions, or furniture placement. If the property is not ready at the scheduled time, the COMPANY may proceed with the shoot as scheduled or require the CLIENT to reschedule.

14. Reshoots

The COMPANY strives to deliver high-quality media that meets professional standards. Reshoots may be offered at the COMPANY's discretion in cases of technical issues or errors directly caused by the COMPANY. Requests for reshoots must be submitted within three (3) days of delivery. Reshoots requested due to changes in staging, weather conditions, or CLIENT preference may be subject to additional fees.

15. Cancellation & Rescheduling

The CLIENT must provide at least 48 hours' notice for any cancellation or rescheduling request. Cancellations made within 48 hours of the scheduled appointment will incur a 50% cancellation fee. If the COMPANY arrives at the property and the shoot cannot proceed due to denied access, the property not being ready, or cancellation upon arrival, the CLIENT will be responsible for the full service fee. The COMPANY reserves the right to reschedule appointments due to unsafe weather or unforeseen circumstances; a reschedule request may be submitted at any time by the COMPANY, and it is the CLIENT's responsibility to respond before the scheduled shoot date. If no response is received, the appointment proceeds as originally scheduled. If weather upon arrival does not permit the work to be completed, the appointment is treated as a cancellation upon arrival and the CLIENT is responsible for the full service fee.

16. Independent Contractor Status

The COMPANY operates as an independent contractor and is not an employee, partner, or agent of the CLIENT. Nothing in these Terms creates a partnership, joint venture, or employer-employee relationship between the parties.

17. Limitation of Liability

THE COMPANY'S LIABILITY FOR ANY CLAIM RELATED TO THE SERVICES PROVIDED SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY THE CLIENT FOR THOSE SERVICES. UNDER NO CIRCUMSTANCE SHALL THE COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

18. Indemnification

The CLIENT agrees to indemnify and hold harmless the COMPANY, its employees, and contractors from any claims, damages, liabilities, or expenses arising from unsafe property conditions, hazards at the property, the actions of the property owner or occupants, or the CLIENT's misuse of the delivered media (including any use beyond the license tier purchased).

19. File Storage & Delivery Window

The COMPANY will make all delivered media available for download through the CLIENT portal for fourteen (14) days from the date of delivery. It is the CLIENT's sole responsibility to download all delivered files within this window. After fourteen (14) days, all project files and final deliverables are permanently deleted from the COMPANY's servers and are not recoverable. Long-term archiving is not provided, and the COMPANY accepts no liability for files not downloaded within the window.

Notwithstanding the foregoing, the COMPANY is under no obligation to retain any files after the download window closes or to re-deliver an expired gallery. Where the COMPANY, in its sole discretion, still retains a copy of an expired gallery, it may re-deliver that gallery to the CLIENT for a restocking fee of thirty-five dollars ($35). Re-delivery opens a new fourteen (14) day download window and does not renew, extend, reinstate, or otherwise modify any license associated with the media. The restocking fee is separate from, and additional to, any other amount the CLIENT owes, including any late fee, and the COMPANY may waive the restocking fee at its sole discretion. Re-delivery is a discretionary service available only where the COMPANY has retained a copy, and the COMPANY makes no representation or guarantee that any particular expired gallery has been retained or can be recovered.

20. Artificial Intelligence & Machine Learning

The COMPANY may use artificial-intelligence-assisted editing tools in producing the media; where an ordered add-on materially alters the media (for example, virtual twilight or virtual staging), the COMPANY will disclose that use in accordance with the AI-Editing Disclosure, which is incorporated by reference. The CLIENT shall not, and shall not permit others to, use the delivered media — in whole or in part — to train, fine-tune, or develop any artificial-intelligence or machine-learning model or dataset, nor submit the media to any third-party service for that purpose, without the COMPANY's express written permission.

21. Renewals & Extensions

When the CLIENT's listing-bound license reaches the end of its term, the CLIENT may extend their use of the media. Extensions are offered as a discounted re-license — a loyalty courtesy priced at 50% of a fresh license of the same scope — not a surcharge. The COMPANY will communicate the exact extension price at the time of renewal. (The prior surcharge-based renewal model is discontinued.)

22. Artistic Rights & Creative Discretion

The CLIENT engages the COMPANY with knowledge of the COMPANY's portfolio and creative style, and acknowledges that the COMPANY's work is constantly evolving and that its services are of a unique and artistic nature. The work produced may differ from work the COMPANY has done in the past. In creating the work, the COMPANY exercises its own artistic judgment to produce work consistent with its creative vision, which may differ from the CLIENT's vision. The COMPANY will strive to align with the CLIENT's vision, but the final post-production, editing, styles, effects, and overall look of the work are left to the COMPANY's discretion.

Accordingly, the work is not subject to rejection on the basis of taste or aesthetic criteria.

23. Time of Day

Specifying the time of day for the shoot is the CLIENT's responsibility. If the CLIENT does not specify a time, the COMPANY will select the shoot time at its discretion. The work is not subject to rejection on the basis of the time of day at which it was captured.

24. Pre-Existing Property Conditions

Pre-existing conditions of the property — including, without limitation, clutter or misplaced objects, unpainted or stained materials, cracks, and stains — are conditions of the subject and are not defects in the work. Removal or correction of such conditions in post-production, if requested by the CLIENT, is an additional editing service quoted and approved in advance. Such charges vary by the scope of the request and are not a fixed fee.

25. Appliance & Equipment Coverings

The COMPANY is under no obligation to remove, uncover, open, or reposition any covering, protective wrap, cover, cap, or enclosure on appliances, fixtures, mechanical or electrical equipment, or recreational equipment — whether located indoors or outdoors — including, without limitation, appliance and electronics covers, grill and outdoor-kitchen covers, furniture covers, pool, spa, or hot-tub covers, equipment housings, and protective packaging. Preparing such items for capture is the CLIENT's responsibility as part of property readiness. The presence of any such covering is a condition of the property and is not a defect in the work, and the work is not subject to rejection on that basis.

If, at the CLIENT's request, the COMPANY removes, uncovers, opens, or repositions any such covering — or the appliance, equipment, or item it protects — the COMPANY does so solely as a courtesy and accommodation, and is not liable for any damage, loss, or malfunction to the covering, the item, or the property arising from or relating to that action. The CLIENT assumes the risk of any such removal or repositioning.

26. Incorrect Address & Travel Fee

The CLIENT is responsible for the accuracy of the property address supplied or approved for an appointment. If the CLIENT supplies or approves an incorrect address and the COMPANY travels to the address provided, the COMPANY may charge a travel fee for that trip — calculated at the COMPANY's then-current travel rate — regardless of whether a travel cost was otherwise applied to, enforced on, or waived for the appointment. This travel fee is earned upon the COMPANY's arrival at the address provided and remains due and payable even if the shoot does not proceed and even if the CLIENT declines, cancels, or reschedules the appointment as a result. It is separate from, and additional to, any cancellation or service fee that may apply under the Cancellation & Rescheduling terms.

Credit Card Surcharge

Payments made by credit card are subject to a credit-card surcharge as set out in the Credit Card Surcharge provision of the ZDS Terms of Service (§4.4). That provision governs the surcharge in full.

27. Declined Work & Labor Charge

The order total for the services reflects two components: the COMPANY's production labor (scheduling, travel, on-site capture, and editing) and the license to use the delivered media. Once the COMPANY has performed the shoot — that is, after services have been rendered — seventy percent (70%) of the order total represents non-refundable production labor and remains due and payable even if the CLIENT declines, rejects, or does not take delivery of the completed work. The remaining thirty percent (30%) represents the license value, which the CLIENT forfeits by declining the work.

This labor charge applies after the shoot has been performed and is separate from, and additional to, the pre-shoot cancellation and rescheduling terms (which govern cancellations made before the shoot). Any amount due under this Section is invoiced in the ordinary course.

28. Governing Law & Venue

These Terms are governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict-of-law principles. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Fannin County, Georgia, or the U.S. District Court for the Northern District of Georgia, Gainesville Division.

29. General Provisions

Electronic acceptance — including a click-through "I agree" at booking or payment of an invoice — constitutes a valid, enforceable signature under the Georgia Uniform Electronic Transactions Act. If any provision of these Terms is held unenforceable, the remaining provisions continue in full force. These Terms, together with the order and any add-ons selected at booking, constitute the entire agreement between the parties regarding the media and supersede any prior understanding. No waiver of any provision is effective unless in writing. Any modification must be in a signed writing (electronic acceptance included).

30. Acceptance of Terms

By creating or accepting an appointment, or by submitting payment, for services provided by Zamora Digital Studios under the selected license tier, the CLIENT acknowledges that they have read, understood, and agreed to these Terms. Creating an appointment, accepting an appointment, and payment of an invoice each independently constitutes full acceptance of this legally binding agreement.