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Media Terms of Service & Licensing Agreement

Effective Date: May 24, 2026 Last Updated: May 24, 2026

Thank you for choosing Samuel Elijah Photography, LLC (referred to as "Company," "we," "us," or "our"). By booking our media, photography, videography, drone, or 3D tour services ("Services"), or by creating an account in our client portal, you ("Client") agree to be bound by the following Terms of Service, Licensing Agreement, and Communication Policies.

Samuel Elijah Photography, LLC operates in compliance with the laws of the State of North Carolina, federal copyright frameworks, and mobile communication regulatory guidelines.

1. Copyright and Ownership of Media In accordance with United States copyright law, Samuel Elijah Photography, LLC retains full, exclusive ownership and copyright of all media assets produced, including but not limited to photographs, videos, floor plans, aerial drone footage, and 3D virtual tours ("Media"). This ownership extends to any and all derivative works created from the Media. Booking our Services or paying an invoice does not transfer copyright ownership to the Client. Samuel Elijah Photography, LLC reserves the right to use the Media for portfolio display, samples, self-promotion, contest or exhibition entry, editorial use, and display across our digital and physical platforms. Samuel Elijah Photography, LLC further reserves the right to assign, transfer, license, distribute, or syndicate the Media and any and all rights therein to commercial partners at our sole discretion.

2. Grant of License & Usage Tiers Upon receipt of full payment, Samuel Elijah Photography, LLC grants the Client a limited, non-exclusive, non-transferable, royalty-free license to use the Media. The applicable license tier is determined solely by Samuel Elijah Photography, LLC based on the nature of the booking, the intended use of the Media, and the Client's professional classification at the time of service. The Client is responsible for accurately representing their intended use at the time of booking. Misrepresentation of intended use constitutes a material breach of this Agreement and may result in immediate license termination and pursuit of applicable licensing fees.

The following tiers and their permitted uses are defined as follows:

Tier A — Residential Real Estate Marketing: Applicable to real estate agents or homeowners (FSBO). Permitted use is limited strictly to marketing and promoting the specific property listing for sale or lease on the MLS, real estate portals (Zillow, Realtor.com, etc.), social media, print collateral, and the Agent's professional website. This license terminates immediately once the property is sold, leased, or the listing agreement ends.

Tier B — Commercial Real Estate & Brokerages: Applicable to commercial brokers and firms. Permitted use includes public marketing, digital/print brochures, company portfolios, and structural promotion of the commercially zoned property. This license remains active for as long as the Client holds the listing or owns the asset.

Tier C — Short-Term Rentals & Hospitality (Airbnb / VRBO / Hotels): Applicable to property managers, hosts, or owners. Permitted use includes digital and print distribution strictly for the purpose of booking travelers and renting the specific space. This license is perpetual but remains bound by the third-party restrictions in Section 3.

Tier D — Commercial Portfolio Use (Builders, Architects, Designers, Contractors): Applicable to trade professionals. Permitted use includes perpetual display on business websites, physical/digital portfolio books, design competitions, and corporate social media to market the Client's custom services.

Any dispute regarding tier classification shall be resolved at the sole discretion of Samuel Elijah Photography, LLC, subject to the dispute resolution process outlined in Section 16.

3. Commercial Restrictions & Third-Party Licensing Fees To protect our digital assets from unauthorized commercial exploitation, the Client agrees to the following strict limitations:

No Third-Party Transfer: The license granted is exclusive to the booking Client. You may not give, sell, trade, or transfer the Media to any third party (e.g., a residential photographer cannot give files to the home builder; an Airbnb host cannot pass images to an interior designer).

Third-Party Infringement Fee: If the Client distributes or permits unauthorized commercial third parties to utilize the Media without the prior written consent of Samuel Elijah Photography, LLC, the Client agrees to be held liable for a Third-Party Licensing Violation Fee equal to standard commercial rates per image/asset utilized, plus any associated legal fees incurred by the Company to enforce copyright. Any third party wishing to use the Media must contact us directly to purchase an independent license.

No Unauthorized Alterations: You may not heavily alter, manipulate, or edit the photos or videos (such as adding AI modifications, filters, or altering structural elements of the home) without prior written consent from Samuel Elijah Photography, LLC. Standard scaling and cropping for layout compliance are permitted.

4. Property Release & Client Clearances By booking our Services, the Client represents and warrants that they have the full legal authority to permit photography, videography, and media production at the subject property. The Client further certifies that they have obtained all necessary releases, permissions, waivers, licenses, and authorizations ("Clearances") required for the grant and usage of rights set forth in this Agreement — including but not limited to Clearances from the property owner, any occupants of the property, and any holders of intellectual property rights contained in, on, or around the property captured as part of the Media, including underlying architectural works. The Client further warrants that the property owner and any occupants have waived any expectation of privacy rights in relation to the Media captured and distributed in accordance with this Agreement.

Samuel Elijah Photography, LLC is granted a limited right to use images of the property for portfolio display, website presentation, and professional marketing of our Services. If the property owner or listing agent objects to portfolio use of the Media, written notice must be submitted to Samuel Elijah Photography, LLC within 30 days of Media delivery and we will remove the applicable assets from public display upon receipt of that notice.

The Client agrees to indemnify and hold Samuel Elijah Photography, LLC harmless against any and all claims, costs, and expenses, including attorney's fees, arising from uses of the Media for which the Client did not obtain appropriate Clearances, or from uses that exceeded the scope of Clearances actually obtained by the Client.

5. Mandatory TCPA & SMS Opt-In Consent By creating an account, booking a shoot, or providing your mobile phone number to Samuel Elijah Photography, LLC, you provide your explicit consent to receive automated transactional and operational text messages from us.

Scope of Messages: Text alerts are sent via our automated infrastructure (HDPhotoHub) and include strictly business-related alerts such as booking confirmations, appointment schedule changes, photographer arrival reminders, and "order ready for download" links.

Carrier Disclosures: Message and data rates may apply. Message frequency varies based on your active bookings. Consent to receive text alerts is a convenience for delivery and scheduling updates and is not a condition of purchase.

Opt-Out Control: You may opt out of receiving text messages at any time by replying STOP to any text received from us. Your opt-in data, mobile phone number, and SMS consent will never be shared, sold, or rented with any third parties or affiliates for marketing purposes.

6. Site Safety and Right to Refuse Service The Client is responsible for ensuring a safe working environment on location. Samuel Elijah Photography, LLC reserves the right to immediately terminate a session and leave the premises if our photographer encounters any safety threats or hazards, including but not limited to: structural instability, hazardous chemical odors, pest infestations, unrestrained or aggressive animals, unsecured firearms, or hostile behavior. If a shoot is canceled mid-session due to an unsafe environment, the Client will be billed the full amount of the scheduled service.

7. Accuracy of Floor Plans and Space Measurements All floor plans, square footage estimates, and digital property line overlays provided by Samuel Elijah Photography, LLC are structural approximations intended strictly for artistic marketing purposes. They are reliable but not legally guaranteed. The Client assumes full responsibility for cross-checking and verifying all measurements against official tax records or professional surveys prior to MLS publication. Samuel Elijah Photography, LLC will not be held liable for discrepancies, legal disputes, or listing takedowns resulting from measurement variations.

8. Supervision of Pets and Children For safety and efficiency, all pets must be securely caged, leashed, or kept entirely off the property during the media session. Children must be supervised by an adult at all times. The Client assumes full financial liability for any damage to cameras, drones, lighting, or equipment belonging to Samuel Elijah Photography, LLC caused by the Client, property owners, guests, children, or pets while on site.

9. Scheduling, Attendance, and Property Preparation Property Readiness: The Client is responsible for ensuring the property is clean, staged, and ready for shooting at the scheduled time. The photographer is not responsible for moving personal items, cleaning, or staging spaces.

Client Attendance: While not strictly required, attendance is highly encouraged. If the Client or a representative is not present, the photographer will use their professional judgment to shoot the space. Samuel Elijah Photography, LLC will not provide free re-shoots based on artistic preferences or angles if the Client was absent.

10. Media Delivery & Turnaround Time All Media is hosted and securely delivered digitally through the HDPhotoHub Platform. Clients can expect delivery of completed Media within 24 to 48 hours of the shoot date. Delivery notifications are sent automatically via email and text upon order completion. Samuel Elijah Photography, LLC will make every reasonable effort to meet this window; however, turnaround times may be extended during periods of high volume or unforeseen technical circumstances, in which case the Client will be notified promptly.

11. Invoicing and Pay-Upon-Receipt Gates Pay-to-Download: If the order is configured for "Pay-Upon-Receipt" (Pay-to-Download), the Media will be locked behind a secure paywall. The Client will be able to view low-resolution, watermarked previews. High-resolution, unwatermarked files will unlock instantly for download once full payment is successfully processed through our integrated gateway (Stripe).

12. Media Storage and Archiving Samuel Elijah Photography, LLC will host and maintain active download links for your delivered Media for 365 days from the date of the shoot. It is the responsibility of the Client to download and securely archive their files. After 365 days, files may be permanently deleted from our primary servers to clear storage infrastructure.

13. Cancellation, Rescheduling, and Inclement Weather Cancellation/Rescheduling: Please provide at least 24 hours' notice if you need to cancel or reschedule a shoot. Cancellations made with less than 24 hours' notice may be subject to a $50 cancellation fee.

Inclement Weather: In the event of rain, heavy wind, or severe weather, exterior and drone photography may be impossible or unsafe. Samuel Elijah Photography, LLC will proceed with interior shooting as scheduled and reschedule the exterior and drone portions within 14 days at no additional charge. The Client will be notified promptly to coordinate a mutually agreeable rescheduling date within that window.

14. Aerial Drone Operations and FAA Compliance All aerial drone operations are conducted in strict compliance with FAA Part 107 regulations. Samuel Elijah Photography, LLC reserves the right to cancel or limit drone flights due to unsafe weather conditions, airspace restrictions (TFRs, proximity to airports), or physical hazards (overhead powerlines, dense tree cover). If drone services cannot be performed due to FAA flight restrictions, the Client will receive a full refund or credit for the drone portion of the order.

15. Samuel Elijah Photography, LLC is based in Greensboro, North Carolina and proudly serves the Triad and surrounding communities. The following travel fee structure applies to all bookings:

Local Service Area — No Travel Fee: Bookings located within a 30 mile radius of Greensboro, NC are included at no additional travel charge.

Extended Service Area — $40 Flat Travel Fee: Bookings located between 31 and 60 miles from Greensboro, NC are subject to a flat travel fee of $40.00, applied automatically at the time of booking.

Long Distance — Custom Quote Required: Bookings located beyond 60 miles from Greensboro, NC are evaluated on a case by case basis. A custom travel fee will be quoted prior to booking confirmation. Samuel Elijah Photography, LLC reserves the right to decline bookings outside of this range at its sole discretion.

16. Limitation of Liability & Indemnification Property Damage: Samuel Elijah Photography, LLC carries professional liability insurance. However, the Company is not liable for structural damage, accidental breakage, or missing items unless caused directly by gross negligence on the part of the photographer.

Accuracy Disclaimer: While we strive to accurately depict the property, Samuel Elijah Photography, LLC is not responsible for any legal disputes, listing take-downs, or consumer complaints resulting from how the space looks in the final Media. The Client assumes all responsibility for verifying listing compliance.

Indemnification: The Client shall indemnify and hold Samuel Elijah Photography, LLC, its officers, members, employees, contractors, licensees, sublicensees, agents, successors, and assigns harmless from and against any and all liability, claims, injuries, damages, loss, and expense — including court costs and reasonable attorney's fees — resulting from the performance of this Agreement, any distribution or use of the Media, any breach of the Client's warranties or representations hereunder, or any negligent or intentional acts or omissions by the Client, their officers, agents, independent contractors, employees, family members, invitees, licensors, the property owner, and/or guests.

17. Dispute Resolution & Mediation In the event of a dispute arising from or related to these Terms of Service or the Services provided, both parties agree to first attempt resolution through good faith negotiation. If negotiation fails, both parties agree to submit the dispute to non-binding mediation before pursuing litigation. Mediation shall take place in Guilford County, North Carolina, before a mutually agreed upon mediator. The costs of mediation shall be shared equally between both parties. Only if mediation fails to resolve the dispute shall either party pursue legal action in the courts of the State of North Carolina.

18. Governing Law These Terms of Service shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Any legal disputes must be filed in the courts located in Guilford County, North Carolina.

19. For questions regarding image licensing, commercial usage extensions, or these terms, please contact Samuel Elijah Photography, LLC at:

LLC Contact Email: info@samuelelijahphotography.com

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