This Media License Agreement (the “Agreement”) is made and entered into as of the date of delivery of the digital images (the “Effective Date”) by and between Aaron Yates (the “Photographer”) and the undersigned Client (the “Client”).
1. Grant of License The Photographer grants the Client a non-exclusive, non-transferable license to use the digital images and videos (the “Images”) solely for the purpose of marketing and advertising the property (the “Property”) listed for sale or lease in connection with the Client’s real estate business. This license is limited to use on the Multiple Listing Service (MLS), real estate websites, social media, and other promotional materials (digital or printed) directly related to the Property. Neither Client nor Photographer can transfer this license to another party without consent of Photographer and Client. Photographer retains the right to use the images produced under this agreement for marketing of his photography and videography services on his own website and social media channels.
2. License Term This license is valid only for the duration of the listing agreement between the Client and the Property owner. Upon termination or expiration of the listing agreement, the Client’s rights to use the Images cease, and the Images must be removed from all marketing materials and platforms.
3. Restrictions (a) The Images may not be sold, licensed, or transferred to any third party, including subsequent real estate agents, property owners, construction contractors, or marketing firms. (b) The Images may not be edited, altered, or manipulated without prior written consent from the Photographer, except for minor cropping or resizing for marketing purposes. (c) The Images may not be used for purposes other than those specified in this Agreement, including but not limited to commercial advertising, stock photography, or resale.
4. Copyright and Ownership The Photographer retains full copyright and ownership of all Images. This Agreement does not transfer any copyright or intellectual property rights to the Client.
5. Indemnification The Client agrees to indemnify and hold the Photographer harmless from any claims, damages, or expenses arising from unauthorized use of the Images or any breach of this Agreement.
6. Termination The Photographer reserves the right to terminate this license if the Client breaches any terms of this Agreement or if the invoice for services is not paid on or before due date. Upon termination, the Client must immediately cease using the Images and remove them from all platforms.
7. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the state of Texas and United States Federal Copyright Laws, without regard to its conflict of laws principles.
8. Entire Agreement This Agreement constitutes the entire understanding between the Photographer and the Client regarding the subject matter hereof and supersedes all prior agreements, understandings, or representations, whether written or oral.
By downloading and using the photos, Client hereby agrees to the terms of this agreement.