Real Estate Listing Media

Standard Edition — Terms and Conditions

These Terms and Conditions govern all photography and videography services provided by Zamora Digital Studios ("COMPANY") to the hiring client ("CLIENT"). By booking services or submitting payment, the CLIENT acknowledges that they have read, understood, and agreed to the terms outlined in this agreement.

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 will be 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 video files will not be granted until the invoice has been paid in full. The COMPANY reserves the right to withhold delivery of media until payment has been received in full.

The COMPANY reserves the right to cancel, postpone, or refuse future services if the CLIENT has outstanding unpaid invoices.

3. Delivery of Media

Final edited media will typically be delivered within 24-48 hours, unless otherwise communicated.

Delivery will be provided through an online gallery or digital file transfer service determined by the COMPANY.

4. Copyright Ownership

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 a limited usage license as described in this agreement.

5. License Grant

The COMPANY grants the CLIENT a limited, non-exclusive, non-transferable, and non-sublicensable license to use the delivered media solely for the purpose of marketing the specific property associated with the commissioned listing.

The license granted applies only to the CLIENT who ordered the services and may not be transferred or assigned to another party without written permission from the COMPANY.

6. Permitted Use

During the CLIENT's active property listing, the CLIENT may use the media for the following purposes:

  • MLS property listings

  • Property marketing websites

  • Property brochures or flyers

  • 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.

7. Brokerage and Team Use

The license granted under this agreement extends to the CLIENT's immediate real estate team or brokerage directly involved in marketing the specific property listing.

Members of the CLIENT's team or brokerage may use the media for the purpose of promoting the property listing on:

  • MLS listings

  • Property marketing websites

  • The brokerage's website

  • Social media posts related to the property listing

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

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 of the media by any entity outside the CLIENT's immediate brokerage or team requires written permission and a separate license agreement from the COMPANY.

8. Post-Sale Promotional Use

After the property sale has been finalized, the CLIENT may use the media for one (1) promotional post or announcement referencing the completed sale of the property, such as a "Just Sold" social media post.

Additional promotional or marketing use of the media after the listing has expired or the property has sold requires an extended license from the COMPANY.

9. Paid Advertising Restrictions

The license granted under this agreement does not include use of the media for paid advertising or sponsored promotion.

This includes but is not limited to:

  • Facebook Ads

  • Instagram Ads

  • YouTube Ads

  • Google Ads

  • Boosted social media posts

  • Any other paid digital or print advertising

Use of the media for paid advertising requires 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 but is not limited to:

  • Builders

  • Architects

  • Interior designers

  • Stagers

  • Sellers or homeowners

  • 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 without obtaining a new license from the COMPANY.

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

  • 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 of the media.

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 requests.

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 conditions 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 will proceed as originally scheduled. If weather conditions upon arrival do not permit the work to be completed, the appointment will be treated as a cancellation upon arrival, and the CLIENT will be responsible for the full service fee as described in this section.

16. Independent Contractor Status

The COMPANY operates as an independent contractor and is not an employee, partner, or agent of the CLIENT.

Nothing in this agreement shall be interpreted as creating 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, 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

  • Actions of the property owner or occupants

  • Misuse of the delivered media

19. File Storage

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 fourteen (14) day window. The COMPANY is not responsible for any files not downloaded within this period.

After fourteen (14) days, all project files and final deliverables will be permanently deleted from the COMPANY’s servers and are not recoverable. The COMPANY is under no obligation to retain, restore, or re-deliver any files beyond this window.

Long-term archiving is not provided. The COMPANY accepts no liability for files that are deleted after the fourteen (14) day window has passed.

20. Renewals

The CLIENT may request a license renewal through the ZDS Client Portal. License renewals are not tied to new media delivery. They are a legal extension of the CLIENT's existing usage rights for the media already delivered.

Four renewal options are available:

  • 1-Year Renewal — Extends the license for an additional twelve (12) months from the date of payment. The renewal fee is 20% of the CLIENT's original invoice total.

  • 1-Year Renewal + Paid Ads — Extends the license for an additional twelve (12) months and adds paid digital advertising rights. The renewal fee is 50% of the CLIENT's original invoice total.

  • Perpetual Renewal — Converts the license to a permanent, non-expiring license. The renewal fee is 50% of the CLIENT's original invoice total. No further renewal is required after a perpetual upgrade.

  • Perpetual Renewal + Paid Ads — Converts the license to a permanent, non-expiring license and adds paid digital advertising rights. The renewal fee is 75% of the CLIENT's original invoice total. No further renewal is required after a perpetual upgrade.

Renewal requests are submitted through the portal and are subject to COMPANY review. The COMPANY will issue an invoice for the applicable renewal fee. The renewed license period begins upon confirmed payment. No new media is delivered as part of a renewal.

21. Acceptance of Terms

By submitting payment for services provided by Zamora Digital Studios, the CLIENT acknowledges that they have read, understood, and agreed to these Terms and Conditions.

Payment of an invoice constitutes full acceptance of this legally binding agreement.