CAPTIVLY MEDIA SERVICE AGREEMENT

This Service Agreement (“Agreement”) is entered into between Captivly, LLC (“Company”) and the booking party (“Client”). By scheduling services, the Client agrees to the following terms:

1. Scope of Services

Company agrees to provide real estate media services which may include photography, video production, aerial/drone services, virtual enhancements, AI editing, and related marketing media as requested by Client.

2. Payment Terms

Payment is due according to the invoice terms unless otherwise agreed in writing.

Usage rights are granted only after full payment is received.

Company reserves the right to withhold delivery or revoke usage rights for unpaid invoices.

Late payments may result in suspension of licensing rights.

3. Copyright & Licensing

All images delivered by Captivly, LLC are protected under U.S. copyright law.

Usage rights are granted only upon full payment of the associated invoice.

Captivly, LLC retains full copyright ownership of all original work.

If the invoice is not paid in full by the due date, Captivly, LLC reserves the right to revoke any and all usage rights without further notice.

Unauthorized use of the images prior to payment or after revocation constitutes a violation of copyright law and may result in legal action.

Client is granted a limited, non-exclusive, non-transferable license to use the media for:

• Marketing the specific property

• MLS listings

• Online marketing

• Social media promotion

• Print marketing related to the listing

Media may not be:

• Resold

• Given to third parties

• Reused for future listings

• Used by builders, stagers, or other vendors without permission

4. AI Editing & Digital Enhancement Disclosure

Client acknowledges that delivered media may include digital editing and AI-assisted enhancements including but not limited to:

• Clutter removal

• Object removal

• Lawn enhancement

• Sky replacement

• TV screen replacement

• Virtual twilight conversion

• Minor visual reconstruction

• Color correction

• Perspective correction

These enhancements are performed strictly for marketing presentation purposes.

Images may not represent the exact current condition of the property.

Client agrees they are responsible for verifying accuracy before publication.

5. Client Review & Approval Responsibility

Client agrees they are solely responsible for:

• Reviewing all delivered media

• Verifying property condition

• Confirming MLS compliance

• Ensuring marketing accuracy

• Confirming disclosures when required

Use, publication, or distribution of delivered media constitutes full acceptance of the work.

6. Marketing Representation Responsibility

Company provides media as a marketing tool only.

Company makes no representations regarding property condition, defects, or disclosures.

Client assumes full responsibility for:

• Property representation

• Marketing claims

• Disclosure compliance

• MLS rule compliance

7. Limitation of Liability

Captivly, LLC shall not be liable for any claims including but not limited to:

• Misrepresentation claims

• MLS violations

• Advertising disputes

• Third-party reliance on media

• Property condition disputes

• AI enhancement disputes

• Editing interpretation disputes

If liability is established for any reason, total liability shall be limited to the amount paid for the services provided.

Under no circumstances shall Company be liable for:

• Consequential damages

• Lost commissions

• Lost profits

• Legal fees

• Reputation damages

8. Indemnification

Client agrees to indemnify, defend, and hold harmless Captivly, LLC from any claims, damages, lawsuits, or expenses arising from:

• Use of media

• Marketing claims

• MLS violations

• Failure to disclose property defects

• Misrepresentation allegations

• Unauthorized editing or alteration of media

• Use after property condition changes

This indemnification survives termination of services.

9. Property Condition Changes

Client acknowledges property condition may change after media capture.

Company is not responsible for differences between photographed condition and current condition.

10. Media Alteration

Client agrees not to apply additional editing, filters, AI alterations, or modifications that could misrepresent the property.

Company is not responsible for third-party alterations.

11. Scheduling & Cancellation

Cancellations within 24 hours may be subject to a cancellation fee.

Company reserves the right to reschedule due to:

• Weather

• Safety concerns

• Property readiness

• Equipment failure

• Uncontrollable circumstances

12. Drone Services

All drone operations are conducted in compliance with FAA regulations.

Flights may be canceled due to:

• Weather

• Airspace restrictions

• Safety concerns

No guarantee is made regarding specific aerial angles if unsafe or restricted.

13. Turnaround Time

Delivery timelines are estimates and not guarantees.

Company is not liable for delays caused by:

• Weather

• Revision requests

• Technical issues

• High workload periods

14. Force Majeure

Company shall not be liable for delays or failure to perform due to circumstances beyond control including:

• Weather

• Acts of God

• Government restrictions

• Equipment failure

• Illness

• Internet outages

15. Dispute Resolution

Any disputes shall first attempt resolution through good-faith negotiation.

If unresolved, disputes shall be resolved through binding arbitration in the Company’s operating state.

Client agrees not to initiate litigation without first attempting arbitration.

16. Legal Fees

If Company must enforce this agreement, Client agrees to pay reasonable legal fees and collection costs.

17. Agreement Acceptance

Booking services, signing an estimate, or paying an invoice constitutes acceptance of this Agreement.

18. Maximum Damages Clause

Client agrees that any claim against Company shall be limited to the cost of services provided and waives any claim exceeding that amount.