Real Estate Photography Services Agreement

Version Date: September 17, 2026

This Real Estate Photography Services Agreement (“Agreement”) is between Fidei Digital Enterprises, LLC d/b/a Fidei Digital (“Photographer”) and the person or business placing the order (“Client”). The accepted order, estimate, or booking confirmation identifies the property, services, pricing, and scheduled date and is incorporated into this Agreement.

1. Services and Scope

Photographer will provide the photography, aerial, virtual-tour, floor-plan, property-website, editing, or related services identified in the accepted order. Work outside the stated scope may be billed separately if approved by Client or Client’s authorized representative.

Standard finished still photographs are ordinarily delivered within 24 hours after capture and payment. Specialty products may have different delivery times stated in the order. Same-day delivery may be offered as a paid rush service when available.

True twilight photography may require a separate appointment timed around sunset and is subject to weather, seasonal sunset times, property readiness, and scheduling availability. Virtual day-to-dusk editing does not require a separate twilight appointment.

2. Client Authority

Client represents that Client is authorized to order the services and arrange access to the property and has obtained any permission reasonably necessary from the owner, occupant, association, venue, or other controlling party.

3. Property Readiness and Access

The property will be photographed substantially as presented upon Photographer’s arrival. Client is responsible for cleaning, staging, decluttering, landscaping, lighting preparation, occupant notice, pet control, and access.

Client will remove or secure confidential materials, access credentials, valuables, medications, weapons, and items Client does not want photographed.

Photographer is not obligated to move heavy furniture, clean, stage rooms, handle valuables, or conceal personal items.

If the property cannot be accessed or a client-controlled condition prevents the shoot from reasonably proceeding after Photographer arrives, a failed-access fee of 50% of the scheduled photography charge, with a $100 minimum, may apply. A return appointment is a separate booking unless Photographer agrees otherwise.

4. Cancellation and Rescheduling

Client may cancel or reschedule without a cancellation fee by giving at least 24 hours’ notice. A request made less than 24 hours before the scheduled start may incur a $75 fee. Weather-related rescheduling initiated or approved by Photographer is not subject to this fee.

5. Weather and Aerial Work

Photographer may postpone or omit exterior or aerial work when weather, safety, FAA requirements, airspace authorization, temporary restrictions, site conditions, people or traffic, equipment limitations, or other operational conditions make capture unsafe, unlawful, or impractical.

When weather or temporary safety conditions prevent only exterior or aerial work, Photographer may complete feasible work and make one reasonable return attempt for the affected portion without a return-trip fee.

When required airspace authorization is unavailable or a legal restriction prevents the planned drone flight, Client will receive a credit or refund for the unperformed aerial portion unless the parties agree to a substitute service.

6. Payment

Unless otherwise stated in the accepted order, payment is due after capture and before final media are released for download or unrestricted use. Photographer may approve invoicing terms for established clients or business accounts.

The image license described below becomes effective upon full payment.

7. Editing and Property-Altering Services

Standard editing may include exposure blending, color correction, perspective correction, window balancing, cropping, sky work, minor cleanup, and similar photographic refinement.

Virtual staging, digital decluttering, material object removal, day-to-dusk conversion, and similar edits that materially alter the property are performed only when Client requests them or they are expressly included in the order. These services may be performed using third-party processing or AI-assisted platforms selected by Photographer.

Client is responsible for determining whether altered media requires labeling or disclosure under MLS, brokerage, advertising-platform, or other applicable requirements.

8. Copyright and License

Photographer retains copyright in all photographs and media unless a separate written copyright transfer is signed.

Upon full payment, Photographer grants Client and Client’s affiliated real-estate brokerage a non-exclusive license to use the final delivered media to market the photographed property through the MLS and its authorized compilation, syndication, IDX, VOW, data-feed, archival, valuation, and related uses; brokerage and agent websites; listing portals; social media; email; digital advertising; printed property marketing; and comparable channels.

After the listing closes, expires, is withdrawn, or is otherwise no longer actively marketed by Client, Client and Client’s affiliated brokerage may retain and display the media as part of Client’s historical portfolio, sold-property announcements, or self-promotion connected to Client’s work on that property.

This license does not authorize a subsequent listing agent to use the media for a new listing or permit independent commercial use by builders, architects, interior designers, stagers, contractors, publications, vendors, or other third parties. Those users may request a separate license from Photographer.

Client may not sell or separately sublicense the media except for the rights reasonably necessary to submit and distribute the media through the MLS and authorized property-marketing platforms as described above.

9. Portfolio Use by Photographer

Unless Client and Photographer agree in writing before the shoot that the property is confidential or subject to a specific restriction, Photographer may use final property photographs and media in Photographer’s portfolio, website, social media, advertising, samples, competitions, and other promotion of Photographer’s business.

Photographer will not knowingly publish alarm codes, lockbox combinations, passwords, or other obvious security credentials.

10. Tours and Hosting

Matterport or comparable hosting provided through Photographer is included while the property remains actively listed for up to six months from initial delivery, whichever occurs first. Photographer may deactivate or archive the tour after the property is sold, the listing expires or is withdrawn, or the included hosting period ends. Property websites and other hosted listing materials may likewise be deactivated, archived, or removed after the property is sold, withdrawn, expires, or after a reasonable period following delivery.

Continued hosting beyond the included period may be offered for an additional fee. Reactivation or retrieval is subject to platform capability and may require a fee. Zillow 3D Home, interactive floor plans, property websites, and other platform-controlled services are additionally subject to the applicable platform’s own hosting, listing, processing, deletion, functionality, and availability rules. Photographer does not guarantee indefinite third-party hosting, platform placement, traffic, engagement, or marketing performance. Client should download and retain any downloadable media Client wishes to preserve.

11. Corrections, Reshoots, and Creative Judgment

Photographer retains reasonable creative and technical discretion over composition, image selection, editing, and presentation.

Client will notify Photographer promptly of a material technical error attributable to Photographer. Photographer may correct, re-edit, or reasonably recapture the affected item.

Reshoots requested because of later staging, repairs, décor changes, client preference, omitted client instructions, seasonal or landscaping changes, or conditions present during the original shoot are additional work.

12. Third-Party Services

Photographer may use third-party platforms and contractors for scheduling, payment, editing, AI-assisted processing, virtual staging, hosting, delivery, property websites, tours, floor plans, or fulfillment. Those services may be subject to their own terms, technical limitations, processing times, and availability.

13. Limitation of Liability

To the fullest extent permitted by law, Photographer will not be liable for indirect, consequential, special, exemplary, or punitive damages, including lost sale opportunities, lost commissions, lost profits, or delay-related losses.

Except for liability that cannot lawfully be limited, Photographer’s total liability arising from a particular assignment will not exceed the amount actually paid to Photographer for the portion of the assignment giving rise to the claim.

If Photographer is unable to complete or deliver a material portion of the services because of Photographer’s equipment failure, loss of files, illness, or another circumstance for which Photographer is responsible, Photographer’s remedies may include reasonable recapture, re-performance, service credit, or refund of the affected portion.

14. Client Indemnity

To the extent permitted by law, Client agrees to indemnify and hold Photographer harmless from third-party claims arising from Client’s lack of authority to order or permit access, Client-supplied materials that infringe third-party rights, Client’s unauthorized relicensing or use of media, or Client’s failure to make required disclosures concerning property-altering edits.

15. Governing Law; Entire Agreement

This Agreement is governed by Ohio law. Unless applicable law requires otherwise, disputes will be brought in a court with jurisdiction serving Butler County, Ohio.

This Agreement, together with the accepted order and any incorporated written addendum, is the parties’ agreement concerning the assignment and supersedes inconsistent prior discussions about that assignment. A modification must be agreed in writing or through a verifiable electronic change accepted by both parties.

16. Electronic Acceptance

Client may accept this Agreement through electronic signature, checkbox, online booking acceptance, payment workflow, or another verifiable electronic method presented with the Agreement. Client should retain a copy for its records.