Rental 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 rental-property 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 — Commercial / Paid-Ad Brand Use (1-year term). The CLIENT has selected the Commercial license, which includes the standard rental rights (indefinite rental marketing) and, for a one-year commercial term, paid/sponsored advertising and brand-marketing use of the media for the property. The commercial term is renewable for consecutive one-year terms as described in Section 19.

1. Services Provided

The COMPANY agrees to provide photography and/or videography services for the rental property specified by the CLIENT at the time of booking. The scope of services is determined by the package or services selected. The COMPANY retains full creative discretion regarding composition, editing style, and final selection of delivered media.

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 online gallery and final media files will not be granted until the invoice has been paid 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 24–72 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, footage, 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 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 non-exclusive, non-transferable, and non-sublicensable license to use the delivered media to market the specific rental property — including in paid advertising, sponsored promotion, and the CLIENT's broader property/brand marketing across platforms — for a one-year commercial term from the date of delivery, renewable for consecutive one-year terms as described in Section 19. The underlying standard rental-marketing rights remain perpetual regardless of the commercial term. The license applies only to the property specified at booking and may not be used for any other property or purpose.

6. Permitted Use

The CLIENT may use the media to market the rental property on:

• Property management websites

• Rental listing platforms (including but not limited to Zillow Rentals, Apartments.com, Airbnb, Vrbo, etc.)

• Property-specific marketing materials

• Organic social media posts promoting the property

• Paid advertising and sponsored promotions on any platform

• Broader brand-marketing use connected to the property

All usage must directly promote the specific rental property for which the media was created.

7. Property Management Company Use

If the CLIENT is a property management company, the license permits the management company to use the media for marketing the rental property while they are the active management company for that property. If the management company ceases to manage the property, their license to use the media immediately terminates. Property management companies may not use the media to promote their own management services or business without obtaining a separate license from the COMPANY.

8. Real Estate Sales Restrictions

Media produced for rental marketing may not be used to promote the sale of the property. If the property owner decides to list the property for sale, the media may not be used for real-estate listing marketing, and the owner may not provide the media to a real-estate agent or brokerage for that purpose. Use of the media for real-estate listing marketing requires a separate real-estate marketing license from the COMPANY.

9. Paid Advertising / Commercial Use

This tier includes a commercial / paid-advertising license, permitting the CLIENT to use the delivered media in paid and sponsored promotional campaigns and broader brand marketing for the property — including, without limitation: Facebook Ads, Instagram Ads, YouTube Ads, Google Ads, and boosted social posts. This commercial right runs for the one-year commercial term described in Section 5, renewable for consecutive one-year terms at $100 per term as described in Section 19.

10. Third-Party Restrictions

The CLIENT may not sell, sublicense, assign, or transfer the media to any third party, including but not limited to: other property management companies, real-estate agents or brokerages, builders or developers, designers or contractors, and media outlets. Third parties wishing to use the media must obtain a separate licensing agreement directly from the COMPANY.

11. 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, furniture placement, lighting conditions, or landscaping. If the property is not ready, the COMPANY may proceed as scheduled or require the CLIENT to reschedule.

12. 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 must be submitted within three (3) days of delivery. Reshoots requested due to changes in staging, weather, or CLIENT preference may be subject to additional fees.

13. Cancellation & Rescheduling

The CLIENT must provide at least 48 hours' notice for any cancellation or rescheduling request. Cancellations within 48 hours incur a 50% cancellation fee. If the COMPANY arrives and the shoot cannot proceed due to denied access, the property not being ready, or cancellation upon arrival, the CLIENT is responsible for the full service fee. The COMPANY reserves the right to reschedule 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 scheduled. If weather upon arrival does not permit the work, the appointment is treated as a cancellation upon arrival and the CLIENT is responsible for the full service fee.

14. 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.

15. Limitation of Liability

THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATED TO THE SERVICES PROVIDED. THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIM RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID FOR THE SERVICES.

16. Indemnification

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

17. 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 files within this window. After fourteen (14) days, all project files and final deliverables are permanently deleted 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.

18. 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, the COMPANY will disclose that use in accordance with the AI-Editing Disclosure, 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.

19. Renewals & Extensions

The commercial rental license is granted for a one-year term. It may be renewed for consecutive one-year terms at $100 per term. There is no grace period: if a term ends without a consecutive renewal, continued commercial and paid-advertising use requires a new commercial license at the then-current rate. The underlying standard rental-marketing rights remain perpetual regardless of the commercial term.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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 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 regarding the media and supersede any prior understanding. No waiver is effective unless in writing. Any modification must be in a signed writing (electronic acceptance included).

28. Acceptance of Terms

Creating or accepting an appointment, booking services, selecting a license option, or submitting payment each independently constitutes full acceptance of these Terms and agreement to be legally bound by them.