Service Agreement.

These Terms of Service and Booking Agreement (the “Terms” or “Agreement”) are a binding contract between you (“Client,” “you,” or “your”) and Gartman Digital, LLC, a Texas limited liability company doing business as ListingBuzz (“ListingBuzz,” “we,” “us,” or “our”). They govern your booking and use of our photography, videography, and related media services (the “Services”) and the photographs, video, tours, floor plans, renderings, and other deliverables we create (the “Media”).

By booking an appointment, checking the “I agree to the Service Agreement” box at checkout, submitting payment, or using the Media, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are agreeing on behalf of a brokerage, team, or other entity, you represent that you have authority to bind that entity. If you do not agree, do not book or use the Services.

TABLE OF CONTENTS

1. Definitions
2. Booking, Scheduling, and Payment
3. Sales Tax
4. Cancellation and Rescheduling
5. Property Readiness and Access
6. Copyright and License
7. Independent Contractor Photographers
8. Delivery and Turnaround
9. Reshoots, Revisions, and Satisfaction
10. Drone and Aerial Services
11. Your Representations; Permission to Photograph
12. ListingBuzz Marketing and Portfolio Use
13. Limitation of Liability
14. Indemnification
15. Photo Retention
16. Force Majeure
17. Privacy and Data
18. Governing Law and Dispute Resolution
19. General
20. Contact

1. Definitions

• “Client” means the person or entity booking the Services, ordinarily a licensed real estate agent, broker, or property owner.
• “Property” means the real property to be photographed identified in your order.
• “Media” means all deliverables we create, including photographs, HDR images, video, aerial imagery, 3D virtual tours, floor plans, virtual staging, twilight images, and agent headshots.
• “Service Provider” means ListingBuzz and any independent contractor photographer or editor we engage to perform the Services.

2. Booking, Scheduling, and Payment

2.1 Payment is processed through our booking partner, Tonomo. At checkout you may either pay in full at the time of booking or defer payment until after the shoot, at the point you download your edited Media. The available payment options are presented at checkout.

2.2 Prices are as stated at the time of booking. We accept the payment methods made available through Tonomo.

2.3 Watermarked preview, paywalled release. Until your order is paid in full, the edited Media is made available to you only as a watermarked, paywalled preview that cannot be downloaded or used to market the Property. Full-resolution, unwatermarked Media — and the license granted in Section 6 — are released to you only after payment is received in full.

2.4 If a charge is reversed, disputed, or charged back, any license granted to you is suspended until the amount is resolved and paid in full, and your use of the Media during that period is unauthorized.

2.5 Trip and travel charges apply to Properties outside our standard service zones and are based on distance. Any applicable trip charge is shown at checkout or disclosed before your appointment is confirmed.

3. Sales Tax

ListingBuzz charges Texas sales tax on taxable Services and Media as required by law. Photography services and digital images delivered electronically are taxable in Texas. The combined sales tax rate for Services sourced to Austin is 8.25%. The applicable tax is calculated and shown at checkout.

4. Cancellation and Rescheduling

4.1 You may cancel or reschedule at no charge if you notify us by 5:00 PM (Central Time) the day before your scheduled appointment.

4.2 Cancellations or reschedules made after that cutoff, but before the photographer is dispatched, are subject to a late cancellation fee of $75.

4.3 If the photographer arrives and cannot complete the shoot because the Property is not ready, access is not available, or the appointment is cancelled on site, a same-day or on-site fee of $125 applies, plus any applicable travel charge.

4.4 Weather. We reschedule weather-affected exterior, twilight, and aerial work at no rescheduling charge. The decision to reschedule for weather or unsafe conditions is at our sole discretion. Interior photography generally proceeds as scheduled regardless of weather.

4.5 Refunds. Because appointment time and Service Provider scheduling are reserved at booking, fees for completed Services are non-refundable once the Media has been delivered. If we cancel and cannot reschedule, we will refund amounts paid for Services not performed.

5. Property Readiness and Access

5.1 You are solely responsible for ensuring the Property is clean, staged, decluttered, and photo-ready at the scheduled time, and for providing safe, timely access (for example, by lockbox, code, or an attendee).

5.2 We photograph the Property in “as-is” condition. Our Service Provider may make minor adjustments such as turning lights on or off and opening or closing window coverings, but will not clean, declutter, move furniture, or stage the Property.

5.3 We are not responsible for image quality issues, delays, or missed shots caused by an unprepared, inaccessible, or occupied Property, by seller or tenant interference, or by unsafe conditions. Return trips required for these reasons are billable as a reshoot (see Section 9).

5.4 You are responsible for securing pets and for removing or securing valuables, medications, firearms, personal documents, and other sensitive or private items before the shoot. The Service Provider may decline, pause, or end work if unsafe conditions exist, including unsecured firearms or animals.

6. Copyright and License

6.1 Ownership.ListingBuzz (and its Service Providers, whose work is assigned to ListingBuzz) owns and retains all copyright and intellectual property rights in the Media. You do not acquire ownership of the Media. The Media is not a “work made for hire,” and no order, upload, platform integration, or brokerage requirement transfers copyright to you.

6.2 License granted. Upon payment in full, ListingBuzz grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Media solely to market the specific Property identified in your order. Permitted uses include the applicable MLS, listing websites, your own social media, and your personal marketing related to that listing.

6.3 MLS and syndication. You may allow your MLS and the portals it syndicates to (for example, listing aggregators) to display the Media for the purpose of marketing the listing. This permitted display does not transfer ownership and does not grant those parties an independent license beyond marketing the listing.

6.4 License term. The license lasts until the listing sells, is withdrawn, expires, or 12 months from delivery, whichever occurs first. Continued use after that requires a new license. Contact us to relicense.

6.5 Restrictions. You may not sell, sublicense, assign, transfer, or give the Media to any third party, including buyers, sellers, builders, developers, designers, remodelers, stagers, property managers, or other agents, without our prior written permission. You may not use the Media to market any other property, for non-listing commercial use, or for artificial intelligence training. You may not remove or alter any copyright or attribution notice. Use of the Media by a subsequent agent for a future listing requires our written authorization and may require a new fee.

6.6 Enforcement.Because we retain copyright, we can act against unauthorized use of your listing's images by others on your behalf. Unauthorized use is a violation of these Terms and of U.S. copyright law.

7. Independent Contractor Photographers

Some or all Services may be performed by independent contractor photographers and editors engaged by ListingBuzz. All Media they create for your order is owned by or assigned to ListingBuzz and licensed to you under these Terms. Contractors act on ListingBuzz's behalf for the limited purpose of delivering the Services and acquire no ownership rights in the Media as against you.

8. Delivery and Turnaround

8.1 We aim to deliver standard photography within 24 hours after the shoot, with video, 3D tours, floor plans, and virtual staging typically delivered within 24 to 48 hours. These timelines are estimates and are not guaranteed. They exclude weekends, holidays, and delays caused by weather, access problems, or circumstances beyond our control.

8.2 Media is delivered electronically through the Tonomo booking portal to the contact information on file. Rush turnaround may be available for an additional fee if requested at booking and subject to availability.

9. Reshoots, Revisions, and Satisfaction

9.1 If the Media contains a technical defect caused by our equipment or error, notify us within 3 days of delivery and we will re-perform the affected work at no charge.

9.2 Reshoots or return trips requested for any other reason — including an unprepared or inaccessible Property, a change in the Property's condition or staging, weather preferences, or shots not communicated to us in advance — are billable at $100 plus any applicable travel charge.

9.3 You are responsible for communicating any must-have shots or special instructions before the shoot. If you do not, the Service Provider will photograph the Property using professional judgment, and we are not responsible for specific shots we were not asked to capture. Please review the Media promptly on delivery.

9.4 In-house post-production (editing and virtual staging) is performed using our professional judgment. We will not edit Media in a way that materially misrepresents the Property, consistent with MLS rules. Virtually staged images will be disclosed as such where required.

10. Drone and Aerial Services

10.1 Aerial Services are performed only when legally permitted and when weather, airspace, safety, and site conditions allow. Aerial Services are not guaranteed and may not be available for every Property.

10.2 All drone operations are conducted under FAA regulations, including 14 C.F.R. Part 107, by a certificated remote pilot operating a registered aircraft, with airspace authorization (for example, through LAANC) where the Property lies in controlled airspace such as the Class B airspace around Austin-Bergstrom International Airport. Flights are limited to a 400-foot ceiling unless otherwise authorized.

10.3 We will reschedule or cancel aerial work, at our discretion and without penalty to either party, for unsafe wind, weather, airspace restrictions, temporary flight restrictions, or no-fly conditions. If aerial work cannot be performed, we will refund or credit only the aerial portion of your order.

10.4 You represent that you have authority to authorize aerial imaging of the Property. We conduct aerial work consistent with Texas Government Code Chapter 423 and do not capture images for the surveillance of individuals or of neighboring private property.

11. Your Representations; Permission to Photograph

You represent and warrant that you are the listing agent, broker, or owner of the Property, or are otherwise authorized to authorize photography and the creation and marketing use of the Media, and that you have obtained any consents required from the owner, occupants, and tenants. You are responsible for compliance with your MLS rules and for obtaining any model or property releases needed for persons or identifiable personal property appearing in the Media.

12. ListingBuzz Marketing and Portfolio Use

You grant ListingBuzz a perpetual, royalty-free right to use, display, and reproduce the Media in our own portfolio, website, social media, advertising, and promotional materials, and to demonstrate our work. We will not include your confidential client information. If you need this use limited for a particular listing, contact us in writing before the shoot.

13. Limitation of Liability

13.1 The Services and Media are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.

13.2 We are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, or lost opportunity, arising out of or related to the Services or Media.

13.3 Our total aggregate liability arising out of or related to this Agreement, the Services, or the Media will not exceed the total amount you paid to ListingBuzz for the order giving rise to the claim. If Media is lost, corrupted, delayed, or not captured for any reason, our sole obligation is to reshoot or to refund the amount paid for the affected Media.

14. Indemnification

You agree to defend, indemnify, and hold harmless ListingBuzz, its members, officers, employees, and Service Providers from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your breach of these Terms, your use of the Media, your failure to obtain required consents or releases, property damage or personal injury occurring at the Property in connection with the shoot, or your violation of MLS rules or applicable law.

15. Photo Retention

We retain delivered Media for 12 months after delivery as a convenience. After that period we may delete it and are not responsible for retaining or re-supplying it. We recommend you download and back up your Media promptly. Retrieval of archived Media after the retention period, where available, may be subject to a fee.

16. Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including weather, fire, flood, natural disaster, illness, epidemic or pandemic, governmental action, airspace restriction, power or internet outage, equipment failure, or civil unrest. We will make reasonable efforts to reschedule affected Services.

17. Privacy and Data

We collect and use the information you provide to schedule and deliver Services, process payment, and communicate with you, as described in our Privacy Policy. Payment processing is handled by our booking partner, Tonomo; we do not store full payment card numbers. We do not sell your personal information.

18. Governing Law and Dispute Resolution

18.1 This Agreement is governed by the laws of the State of Texas, without regard to conflict-of-laws principles.

18.2 The parties will first attempt to resolve any dispute through good-faith direct discussion. Any dispute not resolved will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas, and you consent to that jurisdiction and venue.

18.3 Any claim arising out of or related to this Agreement must be brought within one year after the claim accrues, or it is permanently barred, to the extent permitted by law.

19. General

19.1 We may update these Terms at any time by posting the revised version with a new effective date. The version in effect when you book governs that order.

19.2 If any provision is held unenforceable, the remaining provisions remain in full force and effect.

19.3 These Terms are the entire agreement between you and ListingBuzz regarding the Services and supersede prior understandings. ListingBuzz and Client are independent contractors; nothing creates a partnership, agency, or employment relationship.

19.4 Our failure to enforce any provision is not a waiver. You may not assign this Agreement without our written consent.

20. Contact

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