TERMS & CONDITIONS

These Terms & Conditions govern the services and Media
provided by 614HomeMedia LLC.

RIGHTS

All photographs and videos (collectively, “Media”) created by 614HomeMedia LLC, and all rights relating to such Media, including all copyright and ownership rights, remain the sole and exclusive property of 614HomeMedia LLC.

614HomeMedia LLC grants the Client a limited license to reproduce, publicly display, and distribute the Media solely for promotional and advertising purposes directly related to the sale of the Listing. Use of the Media for any purpose not directly related to the sale of the Property requires the express written permission of 614HomeMedia LLC and payment of any applicable additional fees, unless otherwise agreed to in writing.

The Media may be uploaded to any MLS listing service solely for the promotion of the Listing. However, regardless of any terms or conditions imposed by an MLS, this Agreement does not grant the Client the right to transfer copyright ownership or any other exclusive rights provided under the Copyright Act, 17 U.S.C. § 106.

Media may contain copyright management information (CMI), at the discretion of 614HomeMedia LLC, including a copyright notice (©) and/or other copyright or ownership information embedded in the metadata or otherwise associated with the Media, unless otherwise agreed to in writing. Removing or altering such information is prohibited and may constitute a violation of the Digital Millennium Copyright Act (DMCA). The Client will be responsible for any applicable penalties, damages, or awards resulting from such unauthorized removal or alteration.

Unless otherwise specifically provided in this Agreement or another written agreement signed by both Parties, the license granted to the Client is perpetual and becomes effective upon payment of the applicable project invoice.

RELATIONSHIP OF THE PARTIES

Neither 614HomeMedia LLC nor its employees or contract personnel are, or shall be deemed to be, employees of the Client. Nothing in this Agreement creates or is intended to create an agency, partnership, joint venture, or employer-employee relationship between the Parties.

614HomeMedia LLC and the Media or any other deliverables prepared by 614HomeMedia LLC shall not be deemed a “work made for hire” as defined under applicable copyright law. All rights granted to the Client are expressly limited to those described in this Agreement.

CREATION

614HomeMedia LLC has sole discretion over the manner and method of creating the Media. The Client has no right to control the Photographer’s manner or method of performance.

614HomeMedia LLC will use reasonable efforts to:

(a) create Media that conforms to the Client’s specifications; and

(b) deliver the Media in publishable quality on or before the applicable delivery deadline.

DELIVERY

The Media delivered by 614HomeMedia LLC is intended to be suitable for use on MLS platforms, websites, and social media platforms.

The Client is responsible for reviewing the Media upon delivery and notifying 614HomeMedia LLC promptly if the Media is not suitable for its intended use or reproduction.

If a Media file is determined to be unsuitable due to a resolution or file-quality issue attributable to 614HomeMedia LLC, 614HomeMedia LLC’s sole obligation will be to provide a suitable replacement file.

To the fullest extent permitted by law, 614HomeMedia LLC will not be liable for poor reproduction quality resulting from third-party platforms, software, compression, display settings, printing processes, or other factors outside of 614HomeMedia LLC’s control, nor for delays or consequential damages.

PAYMENT

All fees are payable within thirty (30) days of delivery of the invoice unless otherwise agreed to in writing.

Payments not received within this timeframe may be subject to additional late fees and/or collection or legal action.

CANCELLATION POLICY

614HomeMedia LLC will not charge a cancellation or rescheduling fee when the Client cancels or reschedules an appointment more than 12 hours before the scheduled Shoot.

Appointments canceled or rescheduled by the Client within 12 hours of the scheduled Shoot are subject to a $35 fee, except when the cancellation or rescheduling is due to weather.

If the Client is a “no-show” at the scheduled Shoot, or if the property is entirely unready for Media upon arrival, the Client may be responsible for the full cost of the booked Shoot.

TRANSFER & ASSIGNMENT

The Client may not assign, transfer, sublicense, or otherwise convey any rights granted under this Agreement to another person or entity without the prior written permission of 614HomeMedia LLC.

This restriction includes, but is not limited to, other REALTORS®, landlords, rental management companies, builders, stagers, lenders, investors, and other third parties.

INDEMNIFICATION

The Client agrees to indemnify and defend 614HomeMedia LLC against claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the Client’s use of the Media or materials furnished by the Client.

The Client is responsible for obtaining any necessary model releases, property releases, permissions, or other authorizations and ensuring that such releases and permissions are valid and remain in full force and effect.

SEVERABILITY

If any provision of this Agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected.

Any invalid, illegal, or unenforceable provision shall be modified only to the extent necessary to make it valid and enforceable while preserving its original intent as closely as possible.

WAIVER

No action or omission by either Party, other than an express written waiver, shall be construed as a waiver of any provision of this Agreement.

A single or partial exercise by either Party of any right or remedy shall not prevent or limit the further exercise of that or any other right or remedy.