Real Estate Media Usage & Sharing Rights Agreement

1. Definitions

2. Copyright and Ownership

CAP retains all copyrights and ownership interests in the Media unless CAP expressly transfers those rights in a separate written copyright assignment signed by an authorized representative of CAP.

The Client’s payment purchases photography and media services together with the limited license described in this Agreement. Payment does not constitute a sale or transfer of copyright.

CAP represents that it owns or controls the rights necessary to grant the license provided under this Agreement.

3. Standard Property Marketing License

Subject to full payment, CAP grants the Client a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Media solely to market the Property during the applicable Listing Campaign.

4. License Activation and Payment

The license granted under this Agreement becomes effective only after CAP receives full payment for the applicable order.

Delivery, preview access, scheduling, possession of download links, or receipt of files does not authorize the Client or any third party to publish, distribute, display, or otherwise use the Media before payment is completed.

CAP may suspend hosting, disable download access, remove property websites, or revoke usage permission when an invoice is past due.

5. Sharing the Media

The Client may share the Media with Authorized Recipients only when sharing is reasonably necessary to market the Property under the permitted Listing Campaign.

When sharing Media, the Client must:

• 1. Inform the recipient that the Media is copyrighted and may only be used to market the Property.
• 2. Ensure that the recipient does not sell, transfer, sublicense, publish, or use the Media for an unrelated purpose.
• 3. Ensure that printers, designers, social media managers, advertising agencies, and other service providers use the Media only to complete work for the Client.
• 4. Stop the recipient’s use and request removal of the Media if CAP notifies the Client that the recipient’s use is unauthorized.

Sharing files does not transfer the Client’s license or grant the recipient independent rights.

6. Brokerage and Team Sharing

When the Client is an individual real estate agent, the Client may share the Media with the Client’s brokerage, co-listing agent, assistant, transaction coordinator, and authorized real estate team members solely to market the Property.

The brokerage and team members may not use the Media:

• To promote a different property
• In general brokerage advertising
• In recruiting campaigns
• In unrelated listing presentations
• In paid brand advertisements
• To market another agent’s services
• After the Property is assigned to a different listing agent

Broader brokerage or team use requires an Extended Agent or Brokerage Brand License.

7. Property Owner and Seller Sharing

The Client may provide the property owner, seller, landlord, or property manager with copies of the Media for reviewing and sharing the active listing.

Unless the property owner is the Client named in the order, the property owner may not:

• Use the Media to market the Property independently
• Use the Media in a future for-sale-by-owner listing
• Give the Media to a replacement agent
• Reuse the Media for a future rental or listing campaign
• Use the Media to advertise a business, venue, vacation rental, or commercial operation
• Sell, license, or distribute the Media

The property owner may share a link to the Client’s authorized listing or property website.

8. MLS, Listing Portals, and Syndication

The Client may upload the Media to the MLS and other approved property-listing platforms for the applicable Listing Campaign.

The Client authorizes only those technical display, distribution, caching, and syndication rights reasonably necessary for the MLS or platform to display and distribute the listing.

The Client may not intentionally grant an MLS, portal, platform, or third party the right to:

• Sell the Media independently
• Use the Media for unrelated advertising
• Add the Media to a stock-media library
• Use the Media to train artificial intelligence systems
• License the Media for unrelated commercial purposes
• Continue using the Media after the applicable listing rights have ended, except for ordinary archival records

The Client remains responsible for complying with the rules of the Client’s MLS and brokerage.

9. Uses That Require Additional Written Permission

The Standard Property Marketing License does not permit use of the Media for:

• General agent or brokerage brand advertising
• Agent recruiting or brokerage recruiting
• Listing presentations unrelated to the Property
• Long-term agent or brokerage portfolio use
• Television advertising
• Billboards
• Magazine or newspaper publication
• Editorial publication
• Trade publication use
• Builder, developer, architect, or interior designer marketing
• Home stager or contractor marketing
• Hotel, restaurant, venue, or vacation-rental advertising
• Apartment community or property-management advertising beyond the approved campaign
• Stock photography or stock video
• Product advertising
• Award submissions by third parties
• Educational courses or paid training materials
• Artificial intelligence or machine-learning training
• Resale, relicensing, or commercial distribution

These uses require CAP’s prior written permission and may require an additional commercial license and licensing fee.

10. Extended Agent or Brokerage Brand License

An Extended Agent or Brokerage Brand License is granted only when specifically identified and purchased in the Client’s order.

When purchased, this license may permit the Client to use selected Media from the Property in:

• The Client’s professional portfolio
• Listing presentations
• The Client’s website biography or experience pages
• Social media posts promoting the Client’s past work
• Brokerage presentations
• Client newsletters
• Agent or brokerage advertisements
• Award submissions
• Other approved brand-marketing materials

The Extended License remains non-exclusive and does not permit resale, sublicensing, stock-media distribution, or transfer to another agent or brokerage. The specific duration, territory, users, and approved marketing channels for the Extended License will be identified in the applicable order or license addendum.

11. Third-Party Commercial Licenses

A separate Third-Party Commercial License is required when another business or professional wants to use the Media for its own marketing.

Examples include:

• Builders and developers
• Architects
• Interior designers
• Home stagers
• Contractors
• Furniture companies
• Property management companies
• Apartment communities
• Hotels and vacation-rental operators
• Restaurants and event venues
• Advertising agencies
• Magazines, newspapers, and publishers
• Product manufacturers
• Previous or subsequent listing agents

The Client may introduce the third party to CAP, but the Client may not grant commercial rights on CAP’s behalf.

12. Re-Listing and Future Use

The license applies to one Property and one Listing Campaign.

A new license is required when the Property is:

• Re-listed under a new MLS number
• Re-listed after the original listing expires or is withdrawn
• Transferred to a new listing agent
• Marketed by a new brokerage
• Marketed by a new owner
• Offered during a new rental or leasing cycle
• Converted from a sale listing to a rental listing, or vice versa
• Used in a new development, hospitality, or commercial advertising campaign

The fact that the Property address remains the same does not extend the original license to a new campaign.

13. Editing and Alteration

The Client may make ordinary technical adjustments necessary for approved marketing, including:

• Resizing
• Cropping
• File compression
• Adding property information
• Adding brokerage-compliant graphics
• Adding captions or approved logos

The Client may not, without CAP’s written permission:

• Apply filters that materially change the appearance of the Media
• Remove or alter CAP’s copyright information, metadata, or watermark
• Add or remove permanent property features
• Misrepresent the Property’s condition
• use artificial intelligence to materially alter the Media
• Remove virtual-staging labels or required disclosures
• Extract individual elements from virtual staging or composite images
• Re-edit video footage or remove required credits
• Extract music, graphics, or other licensed components from a video

CAP is not responsible for claims arising from Media altered by the Client or another party after delivery.

14. Truthful Representation and Virtual Staging

The Client is responsible for ensuring that all use of the Media complies with applicable MLS rules, advertising standards, brokerage policies, and disclosure requirements.

Virtual staging, object removal, digital renovations, sky replacement, lawn enhancement, and other material digital modifications must be disclosed whenever required by law, an MLS, a brokerage, or an advertising platform.

The Media may not be used in a false, deceptive, defamatory, unlawful, or misleading manner.

15. Third-Party Materials and Platforms

Some deliverables may include materials licensed from third parties, including:

• Music
• Fonts
• Graphic templates
• Mapping services
• 3D-tour platforms
• Property website technology
• Floor-plan software
• Hosting services

Those components remain subject to the applicable third-party license and platform terms. The Client may not extract, reuse, sell, or separately distribute third-party materials contained within CAP’s deliverables. CAP does not guarantee perpetual availability of third-party platforms or hosting services. Hosting periods and renewal fees will be governed by the applicable order and CAP’s current hosting policies.

16. CAP Portfolio and Promotional Use

Unless CAP agrees otherwise in writing before the appointment, CAP may use the Media for its own lawful business and promotional purposes, including:

• CAP’s website and portfolio
• Social media
• Printed marketing materials
• Sample galleries
• Sales presentations
• Industry competitions and awards
• Educational demonstrations
• Advertising CAP’s services

When reasonably practical, CAP will delay public portfolio use until the Property has been publicly listed. CAP will not intentionally publish confidential access instructions, security information, lockbox information, alarm information, or other sensitive property details. A request to restrict CAP’s portfolio use must be submitted and approved in writing before the photography or media appointment.

17. Client Authority

The Client represents that the Client:

• 1. Has authority to order services for the Property.
• 2. Has obtained all permissions reasonably necessary for CAP to enter and photograph or record the Property.
• 3. Has authority to authorize CAP’s creation and permitted use of the Media.
• 4. Will notify CAP before the appointment of any privacy, confidentiality, security, artwork, trademark, or third-party rights concerns.
• 5. Will obtain any releases required for recognizable people appearing in the Media unless CAP has expressly agreed to obtain those releases.

18. Unauthorized Use

Any use outside the scope of this Agreement is unauthorized.

Unauthorized use may result in:

• Immediate suspension or revocation of the license
• Removal or disabling of hosted deliverables
• A demand that the Client and third parties stop using and remove the Media
• An invoice for the applicable additional or commercial license
• Recovery of damages and enforcement costs available under applicable law

Payment of the original photography invoice does not automatically cure an unauthorized use or purchase additional rights. CAP’s delay in enforcing its rights does not waive those rights.

19. Client Responsibility for Recipients

The Client is responsible for Media distributed through the Client or the Client’s employees, contractors, brokerage, team members, property owner, or marketing vendors.

The Client must reasonably cooperate with CAP in stopping unauthorized use by anyone who received the Media from the Client.

The Client is not responsible for independent infringement by an unknown third party when the Client did not provide the Media to that party and did not authorize or encourage the infringement.

20. Indemnification

To the extent permitted by law, the Client agrees to defend, indemnify, and hold CAP and its owners, employees, photographers, videographers, drone pilots, and contractors harmless from third-party claims, damages, liabilities, and reasonable expenses arising from:

• The Client’s unauthorized use or distribution of the Media
• Alterations made after delivery
• False or misleading advertising created by the Client
• The Client’s lack of authority to order services or permit access
• The Client’s failure to obtain required permissions or releases
• A violation of MLS, brokerage, platform, or advertising rules by the Client

This provision does not apply to claims resulting directly from CAP’s gross negligence or willful misconduct.

21. Limitation of Liability

To the maximum extent permitted by law, CAP’s total liability arising from the applicable order or this Agreement will not exceed the amount the Client paid CAP for the specific services giving rise to the claim.

CAP will not be liable for indirect, incidental, special, consequential, or lost-profit damages arising from the use, inability to use, hosting, platform removal, syndication, or distribution of the Media.

22. Governing Law and Venue

This Agreement will be governed by the laws of the State of Georgia, without regard to conflict-of-law principles.

Any legal proceeding arising from this Agreement shall be brought in a state or federal court with proper jurisdiction located in Fulton County, Georgia, unless CAP and the Client agree otherwise in writing.

23. Entire Agreement and Order of Priority

This Agreement, together with CAP’s applicable proposal, order, invoice, booking confirmation, Terms of Service, and written license addenda, constitutes the complete agreement concerning usage and sharing rights for the Media.

In the event of a conflict, the documents will control in the following order:

• 1. A separately signed license addendum
• 2. The applicable proposal or order
• 3. This Agreement
• 4. CAP’s general Terms of Service

Verbal statements do not modify this Agreement.

24. Amendments

Any amendment or expansion of usage rights must be approved in writing by CAP.

Email approval from an authorized CAP representative may constitute written approval when it clearly identifies:

• The Media involved
• The approved user
• The approved purpose
• The applicable duration
• Any additional licensing fee

25. Severability

If any provision of this Agreement is found unenforceable, that provision will be modified or removed only to the extent necessary, and the remaining provisions will remain in effect.

26. No Waiver

Failure by CAP to enforce a provision on one occasion does not waive CAP’s right to enforce that provision or any other provision in the future.

27. Electronic Acceptance

The Client accepts this Agreement by:

• Signing it electronically or manually
• Checking an acceptance box during booking
• Paying the applicable invoice
• Downloading the Media after receiving notice of these terms
• Publishing or using the Media

Electronic signatures and electronically stored copies may be treated as originals.