Terms of Service and Licensing Agreement This Terms of Service and Licensing Agreement ("Agreement") is a legally binding contract between Tony Townsend Photography, established 2017 (hereinafter "Photographer"), and the hiring party (hereinafter "Client"). By hiring the Photographer and downloading the media, the Client agrees to the following terms: 1. Copyright Ownership All media produced by the Photographer—including but not limited to photography, videography, aerial/drone footage (captured under FAA Part 107 compliance), and 3D virtual tours—remains the exclusive copyrighted property of the Photographer under 17 U.S.C. § 106 of the U.S. Copyright Act. The Client is purchasing a use license, not the copyright to the media. 2. Licensing and Usage Rights The Photographer grants the Client a limited, non-exclusive, non-transferable license to use the delivered media for the sole purpose of marketing the specific property. Permitted Uses: The Client may upload the media to the Multiple Listing Service (MLS), use it in print marketing materials (flyers, postcards), and post it on the Client’s professional social media channels or personal website to market the property. Duration: The license is valid for the duration of the Client’s active listing agreement for the property. Once the property is sold, or if the listing agreement is terminated, the license expires. Third-Party Transfers: The Client may not sell, gift, or transfer the media to any third party, including but not limited to homeowners, builders, stagers, architects, or other real estate professionals. Any third party interested in using the media must contact the Photographer directly to purchase a separate license. 3. AI Generation, Alterations, and Derivative Works The Client may not alter, modify, or recast the delivered media without express written permission from the Photographer. Prohibition on AI and Derivative Works: The Client is strictly prohibited from uploading the Photographer's media to Artificial Intelligence (AI) platforms, video generators, or similar tools to create property tours, animations, or any other derivative works. Unauthorized Use Penalty: Creation of derivative works constitutes an infringement of the Photographer's copyright. Any unauthorized use of the media for AI generation or derivative creation will require a separate licensing agreement and is subject to additional compensation, or potential legal action for statutory damages under U.S. Copyright Law. 4. Payment Terms Payment is due in full prior to the release of the final media. Watermarked previews may be provided for review, but the final high-resolution files will not be available for download until the invoice is settled. 5. Property Condition and Preparation The Photographer will photograph the property exactly as it is presented upon arrival. The Client or homeowner is responsible for ensuring the property is clean, staged, and ready for media production prior to the scheduled appointment time. The Photographer is not responsible for moving furniture, cleaning, or landscaping. 6. Cancellations and Rescheduling If the Client needs to cancel or reschedule the shoot, the Photographer requests a minimum of 24 hours' notice. Appointments canceled with less than 24 hours' notice may be subject to a cancellation fee. In the event of severe weather that prevents exterior or aerial photography, the Photographer will work with the Client to reschedule those specific services at no additional penalty. 7. Delivery and Archiving Standard media will be delivered digitally within 24 hours of the shoot's completion. The Photographer will maintain a backup of the original files for 6 months. The Photographer is not responsible for archiving the files indefinitely once they have been delivered to the Client.