ListingBuzz Photography Services Agreement

Version: psa-1.0.0 Effective: July 23, 2026 Between: Gartman Digital, LLC dba ListingBuzz, and you.

ListingBuzz (Gartman Digital, LLC) 5900 Balcones Drive STE 100, Austin, TX 78731 hello@listingbuzz.co (512) 593-8222

The deal in plain English

This first part is a summary. It is here so you can understand the deal in five minutes. It is not a substitute for the full terms below, and where the summary is shorter or less exact, the full terms govern.

Money. You pick a package and add-ons at booking. Price is built from the square footage tier of the property, plus the services you choose, plus a travel fee if the property is more than 25 miles from our office. Texas sales tax of 8.25% is added on top of all of it. Nothing is charged when you book. We keep your card on file and charge it once, in full, when your media is ready to deliver.

Delivery. Photos are ready by 5:00 PM the next business day. Twilight, video, floor plans, 3D tours, and virtual staging are ready within 72 hours. You can preview everything as soon as it is ready. Full resolution downloads unlock when the order is paid. If we miss a deadline for a reason that is ours, tell us and we will make it right.

If plans change. Cancel or reschedule free up to 24 hours before your arrival window. You also get one free reschedule per property every 90 days, as long as you tell us before the window starts. Inside 24 hours, a cancellation costs 50% of the Session Fee, and between 24 and 72 hours it costs 25%. A late reschedule where the shoot actually happens within 14 days is a flat $75 instead. If we resell your slot, the fee goes away.

If we show up and cannot work. The property has to be photo ready when we arrive. If it is not, we allow 15 minutes free, then bill wait time at $25 per 15 minutes. If we cannot work at all, that is treated like a late cancellation, plus the trip. There is a ceiling on this: for any single visit that produced no shoot, all of our fees together will never exceed 50% of the Session Fee plus one travel fee. If you flagged the property as tenant or owner occupied at booking and the occupants block us anyway, it is a flat $75 and the reschedule is free.

Weather. Weather usually splits a shoot rather than cancelling it. If it is raining we shoot the interiors on schedule and come back for exteriors on the next workable day at no charge. Overcast is not a reschedule, because blue sky replacement is included on exterior stills. Weather never triggers a cancellation fee in either direction.

Drone. Much of Austin sits in controlled airspace. If the FAA authorization is denied or does not come through in time, we shoot everything else and take the aerials off your invoice. No penalty.

Fixing things. Anything wrong because of us is free to fix, always. On top of that, you get unlimited free preference edits for 7 days after delivery, including changing which frames are in the set. New work, like virtual staging you did not order or removing a tree, is quoted as a change order first.

Rights. We keep the copyright. You get a commercial license to market that specific property: MLS, syndication, portals, print, email, social, paid ads. It runs until 30 days after the listing closes, expires, is withdrawn, or is cancelled, and no longer than 12 months from delivery. It does not travel to the next agent, the seller, or a builder. It does not cover a different property. If you relist the same property yourself within 12 months, tell us and we turn your license back on for free. Separately, you keep permanent rights to use up to 8 images from each shoot in your own self-marketing, forever.

If something goes wrong. Talk to us first. Section 24 explains how disputes work, including your right to use small claims court. Section 22 caps what we can owe you and is written in capital letters because it matters.

1. Who this agreement is between

This agreement is between Gartman Digital, LLC, a Texas limited liability company doing business as ListingBuzz ("ListingBuzz," "we," "us," "our"), and the person or company that places the order ("you," "your," "Client").

You agree to this document when you check the acceptance box and place an order.

If you are booking for a brokerage or another agent, you represent that you have authority to bind that party. Where you do, you and that party are jointly and severally responsible for everything in this agreement. If it turns out you did not have that authority, you are personally responsible for the full order and for every obligation here, and Section 21 applies to any claim that results. An order placed from your account is your order, whether you placed it or someone acting for you did.

2. Definitions

These words mean the same thing everywhere in this agreement.

• Session Fee. The square footage tier charge plus every service line item on your order confirmation, before travel and before sales tax. Where this agreement uses a percentage of the Session Fee, that is the number it means. Your order confirmation shows the actual dollar amount of your late cancellation fee so you never have to compute it. For a change made inside 24 hours, the Session Fee is measured on the order as it stood when that 24 hour window began.
• Order Total. The Session Fee plus travel under Section 5.4, plus any accepted change order, before sales tax.
• Media. Every photograph, video, floor plan, scan, 3D tour, virtual staging image, and listing website we deliver on your order.
• Arrival Window. The time range stated on your order confirmation, typically 60 minutes.
• Business Day. Monday through Friday, excluding federal holidays.
• Delivery. The moment your gallery is live and every file is viewable, whether or not the order is paid.
• Shot List. A written list of specific rooms, angles, or features, submitted through your booking before the Arrival Window begins. Verbal requests on the day are not a Shot List.
• Workable Day. A day on which conditions at the property permit the outstanding work.

COMMERCIAL TERMS

3. What we do for you

We provide real estate photography and media services for a specific property at a specific address. Depending on what you select at booking, that can include:

• Interior and exterior still photography
• Drone aerial photos and video
• Video walkthroughs and social video
• Twilight photography
• 2D and 3D floor plans
• 3D virtual tours
• Virtual staging
• Single property listing websites

Your order confirmation lists exactly which services you bought, the property address, the price, and the Arrival Window. That order confirmation is part of this agreement for those items. If the order confirmation and this document disagree about scope, price, address, or schedule, the order confirmation controls for that shoot. On every other term, this document controls.

3.1 What you get

Photography orders are delivered as edited JPEG files in two sets: a web and MLS sized set at approximately 2048 pixels on the long edge, and a full resolution set at approximately 4000 pixels on the long edge. Suitability for any particular print size, sign, or display medium is not warranted. If you need a specific print specification, tell us before the shoot.

Each package includes a minimum delivered image count, stated on your order confirmation. Actual counts vary with the size and condition of the property. We choose which frames are delivered. You are buying a set of finished images, not every frame captured.

3.2 What is not included

Unless your order says otherwise, these are not included:

• RAW files, camera originals, unedited frames, or project files
• Virtual staging, sky replacement on anything other than exterior stills, season changes, and removal of any fixed or structural element
• Cleaning, decluttering, moving furniture, or staging the property
• Photography of community amenities, neighboring properties, or off site locations
• Custom crops, custom aspect ratios, or sizes beyond the delivered sets
• Rush turnaround unless purchased at booking

Standard blue sky replacement on exterior stills is included. See Section 12.

We do not clean, stage, or move belongings. We are photographers, not movers or stagers.

3.3 Creative judgment

We shoot and edit to our house style: straight verticals, natural color, corrected exposure, clean windows where achievable. Framing, composition, lighting, and edit choices are ours, and images cannot be rejected on taste alone.

Taste alone is not a defect, but that does not mean you are stuck with something you do not like. For 7 days after Delivery we do unlimited free preference edits, including swapping which frames are in the set. See Section 9.2.

We do not edit images to hide known defects or physical conditions of the property. We will not remove a structure, a crack, a stain, or a neighboring building to make the property look like something it is not. You remain responsible for your own disclosure obligations to your MLS, your client, and any buyer.

4. Turnaround

Unless your order says otherwise:

• Photos: ready by 5:00 PM the next Business Day after the shoot.
• Twilight, video, floor plans, 3D tours, virtual staging: ready within 72 hours after the shoot.
• Rush: available at the price shown at booking. Rush must be selected at booking. We cannot promise rush turnaround if you ask for it after the shoot.

"Ready" means your gallery is live and every image is viewable. Full resolution download unlocks on payment. See Section 7.

4.1 What pauses the clock

The turnaround clock pauses or restarts when something outside our control interferes:

• The property is not ready, access is delayed, or we have to wait on site. The clock starts when we actually begin shooting.
• Weather or airspace pushes part of the shoot to a return visit. The portion we completed delivers on schedule. The remaining portion runs on its own clock from the return visit.
• You change the order after the shoot. The clock restarts from the date the change order is accepted.
• An event under Section 14 interrupts work.

4.2 If we are late

These turnaround times are a commitment, not a target. If we miss one for a reason that is ours, and not because of Section 4.1 or Section 14, tell us. We will prioritise your order and put it right. Where a delay genuinely cost you something, we will work it out with you directly, case by case. We do not apply a fixed automatic credit, because the right answer depends on the situation. Section 22 sets the ceiling on what we can owe you for a late delivery.

5. Price

5.1 How price is determined

Your price is the sum of three things:

1. The square footage tier. Session pricing is banded by the interior square footage of the property.
2. The services you selected. Add-ons such as drone, video, twilight, floor plans, virtual staging, and listing websites are priced per line item.
3. A travel fee, if the property is outside our standard service radius. See Section 5.4.

The tier table and current rates are shown at booking and are part of your order confirmation. Items 1 and 2 together are the Session Fee.

5.2 Square footage is self reported

You tell us the interior square footage when you book. We price the shoot from that number. Please use the number you would put in the MLS. You warrant that the figure is accurate to the best of your knowledge.

5.3 On site correction

• Tolerance. If the corrected figure exceeds the top of the band you booked by 100 square feet or less, we proceed at the price you booked. No change.
• Above the tolerance. We call and text the numbers on your order before we start and tell you the corrected price. If you approve, we shoot at that price.
• If we cannot reach you within 15 minutes of arrival. We shoot the property and bill the corrected tier. We send you the corrected figure and how we arrived at it with your invoice.
• If you disagree. Tell us within 3 Business Days and send the county appraisal district record or a measured floor plan supporting your figure, and we rebill at the tier you originally booked.
• Downward correction. If the property is smaller than you reported, we drop to the lower band and you pay less. Automatic, no call needed.

A square footage disagreement never triggers a cancellation fee, a reschedule fee, or a trip fee. If you would rather we not shoot at the corrected price, we reschedule at no charge.

We measure by walking the property and from the floor plan when one is ordered. We are not surveyors. Our correction is an estimate for pricing only. It is not an appraisal, a survey, or a figure you may publish as measured square footage.

5.4 Travel

Distance is measured by driving distance from our Austin operating base to the Property. We will state the measured distance on your order before you are charged for it.

Travel fees are shown on your order before you confirm. Travel is a billed expense and is part of the taxable base under Section 5.5.

5.5 Sales tax

All prices are exclusive of applicable sales tax. Texas treats delivered photographs, including digital files, as taxable tangible personal property, and all charges billed in connection with the sale, including travel, shooting labor, and editing, are part of the taxable base. Sales tax is calculated at the rate applicable to our place of business in Austin, currently 8.25%, and is added to your invoice.

Fees under Sections 8.3, 8.4, 8.6, and 8.7 are liquidated damages and wait time charges rather than consideration for a taxable item, and are invoiced without sales tax. Reshoot and change order work under Section 9 is taxable.

If you hold a valid Texas resale or exemption certificate that applies to this purchase, give it to us before Delivery and we will bill accordingly. You are responsible for the accuracy of any certificate you give us.

If tax is assessed later. If the Texas Comptroller or another taxing authority later determines that additional sales, use, or similar tax was due on your order, you will reimburse us for that tax and any related interest and penalty within 30 days of our invoice, and you authorize us to charge your card on file for it under Section 6.2. If a certificate you gave us is disallowed, you are responsible for the resulting tax, interest, and penalty.

6. Payment: card on file

6.1 Nothing is charged when you book

We do not charge your card at booking. We store it and charge it when your Media is ready.

6.2 Your authorization

By placing an order and providing a payment card, you authorize ListingBuzz to store that card and to charge it later, without you being present, as described below.

• What we will charge. One charge per booking for the full Order Total plus applicable sales tax. Plus, only if you incur one, a fee under Section 8, a change order under Section 9.3, a reshoot under Section 9.5, a retrieval fee under Section 19, or a tax reimbursement under Section 5.5.
• When it is earned, and when we charge it. The Order Total plus sales tax is earned and owed when the shoot is completed. We charge the card when your Media is ready for delivery.
• How often. One charge per booking, plus a separate charge for any fee listed above. This is not a subscription and there is no recurring schedule.
• How the amount is determined. The Order Total shown on your order confirmation, adjusted for any square footage correction under Section 5.3 and any change order you accepted under Section 9.3, plus travel under Section 5.4, plus sales tax under Section 5.5. Fees are the amounts stated in the sections that create them.
• When we tell you. We email you an itemized invoice at the time of the charge. For any charge that is not the ordinary Order Total, we email you at least 2 Business Days before we charge it, identifying the fee and the reason, so there is time to talk to us first. If we fail to send that email, it delays the charge until we do. It does not cancel what you owe.
• Cards that change. You authorize us to charge a replacement or reissued card, to accept card network account updater data for your stored card, and to retry a declined charge for up to 30 days.
• How to cancel this authorization. Email hello@listingbuzz.co or call (512) 593-8222. Cancellation applies to future orders only. It does not cancel any amount already earned or owed, including the full Order Total for a shoot we have already performed, and it does not take effect for an order already placed unless you first pay that order in full or give us a replacement payment method we accept.

Checkout wording: "I authorize ListingBuzz to send instructions to the financial institution that issued my card to take payments from my card account in accordance with the terms of my agreement with ListingBuzz."

We keep a record of this authorization, the card's last four digits, and the version of these terms you accepted, for as long as the authorization is in effect, and we will furnish it to your card issuer on request.

6.3 If the card fails

If the charge is declined, we will tell you and the balance is due immediately by another method. Delivery stays gated under Section 7 until the order is paid. A returned or failed payment carries a $30 fee.

6.4 Brokerage accounts and net terms

If we have approved your brokerage for an account, invoices are due net 30 from the invoice date, and the account may receive download access on Delivery. Approval is at our discretion, must be confirmed by us in writing, and may be withdrawn at any time. We may require a signed account application and a personal guarantee from an authorized principal.

Approved accounts receive a revocable interim license on the same terms as Section 16 at Delivery. It converts to the full Section 16 license on payment in full, and it terminates automatically if the invoice is not paid within 10 days after its due date. Use after that termination is use without a license.

6.5 Late payment and non payment

Balances more than 10 days past due accrue a service charge of 1.5% per month (18% per year), calculated as simple interest and not compounded, from the due date until paid.

Usury savings. It is not our intent to charge or collect interest above the maximum rate permitted by Texas law. If any charge under this agreement is ever construed as interest and exceeds the lawful maximum, the charge is automatically reduced to the maximum lawful amount, and any excess already collected will be refunded or credited to your balance.

If any amount is more than 15 days past due, we may, on written notice: suspend or close your gallery; terminate the license in Section 16 immediately, in which case you will stop using the Media and remove it from the MLS and every channel you control within 5 Business Days; declare your other unpaid invoices immediately due; require prepayment on future bookings; decline future bookings; and refer the balance to a collection agency.

6.6 If you think a charge is wrong

Email hello@listingbuzz.co within 10 days of the invoice and we will look at it and fix anything we got wrong. You agree to do that before asking your card issuer or bank to reverse a charge.

Filing a card dispute for an amount you owe under this agreement is a material breach. If a payment to us is reversed, charged back, refunded, or otherwise not honored after Delivery, the license in Section 16 terminates automatically as of the original Delivery date, without notice. Every use of the Media from that date forward is use without a license, and you will remove the Media from the MLS, your websites, and all advertising within 3 Business Days of our notice. The license revives only when the full amount, plus amounts owed under Section 6.5, is paid in cleared funds.

Our records. You agree that our records are evidence of the transaction and may be furnished to your card issuer or bank, including your acceptance record and the version of these terms you accepted, your order confirmation, the payment authorization you agreed to under Section 6.2, delivery and gallery access logs, image view and download logs, and our correspondence with you. If a dispute is resolved in our favor, you will reimburse the processor's dispute fee and our costs under Section 6.5.

7. Delivery is gated on payment

You get access to your gallery as soon as the work is ready. You can preview every image, and tell us what you want changed.

Preview images are watermarked and displayed at reduced resolution, approximately 1200 pixels on the long edge, until the order is paid in full. You may share the preview link with the property owner and with staff at the brokerage named on your order, for review only. Preview or watermarked images may not be uploaded to the MLS, posted publicly, downloaded for republication, or used in any marketing.

Full resolution download unlocks when the order is paid in full. Your license under Section 16 starts then too, so please hold off on posting previews until then. If Media is published before payment, you will remove it within 3 Business Days of our notice and pay a relicense fee equal to 100% of the Order Total in addition to the Order Total itself.

Approved brokerage accounts on net terms are covered by Section 6.4.

8. When plans change or a visit cannot happen

This is the section with the money in it, so it is all in one place.

8.1 Free window

You may cancel or reschedule free of charge more than 24 hours before the start of your Arrival Window. Do it by replying to your booking confirmation, emailing hello@listingbuzz.co, or texting (512) 593-8222. Notice is effective when we receive it, and our system's received-at timestamp determines which window you made.

8.2 One free reschedule

Everybody has a seller who changes their mind. You get one free reschedule per property per 90 days, at any notice, provided you tell us before your Arrival Window starts. A reschedule requested after the Arrival Window has begun, or after we have arrived, is a late reschedule under Section 8.3 and does not use your free reschedule. The free reschedule does not apply to and does not waive fees under Sections 8.6 or 8.7.

8.3 Late reschedule

If you reschedule inside 24 hours of the start of your Arrival Window and the shoot actually goes ahead within 14 days, the charge is a flat $75, plus any travel fee under Section 5.4 for a trip we actually made. We still get the job, so we do not charge you as if we lost it.

If the shoot does not go ahead within 14 days, it is treated as a cancellation under Section 8.4.

8.4 Late cancellation and no show

If you cancel a booking, you owe liquidated damages as follows, plus any travel fee under Section 5.4 for a trip we actually made:

Your order confirmation shows these amounts in dollars.

8.5 Why this is liquidated damages, not a penalty

Both of us agree, at the time this agreement is made, that:

• Booking your shoot reserves a specific half day block of a single photographer's calendar. That block is removed from our bookable calendar and is not offered to other clients.
• A block released on short notice is unlikely to be refilled, because listing shoots are scheduled days ahead around seller and tenant availability.
• The actual harm from a late cancellation, which includes the lost booking opportunity, the reserved block, planned travel, and disrupted routing for the rest of that day, is difficult or impossible to estimate accurately in advance.
• The amounts in Section 8.4 are a reasonable forecast of that harm, based on the direct cost of the reserved block, our published rates, and the low likelihood of refilling a specific half day slot on short notice in the Austin market. They are not intended as a penalty, and they never exceed the price of the service itself.

Mitigation. If we book a replacement shoot into the released time slot within 48 hours of your notice, we waive the fee entirely. If we fill part of it, we reduce the fee in proportion to the time filled. We will tell you when that happens. Booking unrelated work elsewhere on the same day is not a replacement.

This fee is our sole and exclusive remedy for the lost booking opportunity caused by a late cancellation or reschedule, subject to Section 25.2. It is in addition to, and does not replace, travel fees under Section 5.4, wait fees under Section 8.7, reshoot charges under Section 9.5, and interest and collection costs under Section 6.5.

8.6 If we arrive and cannot work

If we arrive at the property on the scheduled date and cannot work because the lockbox or gate code is wrong, no one is there to let us in, the property is unsafe, or the property is not ready and cannot be made ready within 60 minutes, that is a client caused failure. Section 8.4's inside-24-hours fee applies, plus the travel fee under Section 5.4, subject to the ceiling in Section 8.9.

8.7 Wait time

We allow a 15 minute grace period on arrival. After that, if we cannot begin shooting for any reason within your control, whether or not you ask us to wait, we bill wait time at $25 for each 15 minutes or part of one, starting at the end of the grace period. If we still cannot begin 60 minutes after arrival, we may leave, and Section 8.6 applies.

We send you the prep checklist in Section 10 when you book and again the day before your shoot.

8.8 Tenant or owner occupied properties

If you flag the property as tenant or owner occupied when you book, and occupants object or block access on the day, the charge is a flat $75 trip fee, not a percentage, and the reschedule is free. You can ask an occupant to cooperate. You cannot control one, and we are not going to price it as if you could.

This applies only where you flagged the property at booking. If you did not tell us the property was occupied, Section 8.6 applies normally.

8.9 You will not be charged twice for the same visit

If we bill wait time and the visit is then cut short, the wait time is credited against the Section 8.4 fee. The total of all fees for any single visit that did not produce a shoot will never exceed 50% of the Session Fee plus one travel fee. A reshoot caused by the same condition already charged for under this section is not charged again under Section 9.5.

8.10 After the shoot

If you cancel an order after we have photographed the property, the full Order Total is due. The shoot is the work. Editing and delivery follow it.

8.11 If we cancel

If we have to cancel, we will tell you as soon as we know and reschedule at the first slot that works for you. We will not charge you anything for a shoot we cancelled. We may send a different qualified photographer in our place.

If we cancel inside 24 hours for a reason other than weather, safety, or an event under Section 14, we will get you into the earliest slot we have and make it right with you directly. What that looks like depends on the situation and is handled case by case. Section 22 sets the ceiling on what we can owe you for a cancellation by us.

9. Revisions and reshoots

9.1 Our mistakes are free

If something is wrong because of us, we fix it free. That includes crooked verticals, a color cast, blur, a technical fault in a file, a broken tour link, a floor plan error, or a frame missing from a written Shot List you submitted before the Arrival Window.

Re-editing of delivered files is free for as long as we hold the files under Section 19. A free return visit to the property is available for 30 days after Delivery. After that we will still re-edit what we have, but a return visit is priced under Section 9.3.

9.2 Unlimited revisions for 7 days

For 7 days after Delivery, in scope preference edits are unlimited and free. Ask for as many rounds as you need. In scope means adjusting what we already shot and already delivered: exposure, white balance, crop, straightening, which frames are in the set, and removal of small, movable, incidental items we would normally clean up in editing, such as a smudged switch plate, a stray cable, or a hose end, limited to items smaller than roughly one square foot in the frame.

Removing furniture, vehicles, trash cans, pet items, personal belongings, trees, power lines, or any structure is out of scope under Section 9.3.

9.3 Out of scope work is a change order

Some requests are new work, not a revision. Examples: adding virtual staging, removing a tree or a power line, adding a twilight edit you did not order, replacing a sky on an interior, custom sizes, new deliverables, a return visit more than 30 days after Delivery. We will quote those as a change order. Work does not begin until you accept the quote. Accepted change orders are charged the same way as the original order under Section 6.

9.4 After 7 days

If you have not asked for a revision within 7 days of Delivery, the order is deemed approved. We will still fix our own errors under Section 9.1. Anything else after day 7 is a change order.

9.5 Reshoots

A reshoot means going back out to the property.

• Free when the cause is technical or ours, and you tell us within 30 days of Delivery. Examples: equipment failure, a corrupted card, a lighting problem, a room missing from a written Shot List.
• Free when weather or airspace prevented part of the shoot. See Sections 12 and 13.
• Billable at 50% of the Session Fee when the reshoot is driven by your preference, a change in staging or furnishing, or a property that was not ready when we arrived. Travel is added at the Section 5.4 rate. This is priced work at a discount from a new booking, not damages, and it is subject to Section 8.9.

OPERATIONAL TERMS

10. Getting the property ready

The single biggest factor in how the photos look is how the property looks when we walk in. The property must be fully photo ready at the start of the Arrival Window. We photograph what is there.

Before we arrive, please make sure:

• The property is clean, staged, and decluttered
• All interior lights are on, including lamps, and bulbs are working
• Blinds and window coverings are set the way you want them in the photos
• Pets are fully confined and out of view, and pet bowls, beds, and crates are put away
• Occupants, tenants, contractors, and other agents know we are coming and have been asked to stay clear of the areas being photographed
• Vehicles are moved out of the driveway and away from the front of the house
• Trash cans, hoses, cleaning supplies, and yard tools are out of sight
• Personal items, valuables, medications, mail, family photos, toiletries, and counters are put away
• Utilities are on, including power and water
• Toilet lids are down and ceiling fans are off

10.1 We shoot as is

We are not responsible for items left in frame that were present when we shot: trash cans, cars in the driveway, pet items, personal belongings, construction equipment. Removing them after the fact is out of scope under Section 9.3, using the same boundary as Section 9.2.

11. Access

11.1 Your responsibility

You are responsible for making sure we can get into the property at the scheduled time. That means a working lockbox code, a key, someone to let us in, gate codes, alarm codes, and access to any locked rooms, garages, casitas, or outbuildings you want photographed.

11.2 If we cannot get in

Section 8.6 applies.

11.3 Safety

We will not enter a property that is unsafe, and we will not photograph a property where an occupant objects to our presence. If we leave for a safety reason, Section 8.6 applies, unless the condition was disclosed to us in writing before the shoot and we accepted it, or the condition was caused by us.

11.4 Access codes

We treat lockbox, gate, alarm, and door codes as confidential. We use them only for your shoot, share them only with the photographer assigned to it, and delete them from our systems within 30 days after Delivery. You are responsible for changing any code you gave us once the listing period ends, and we are not responsible for a loss arising from a code you gave us that you did not change. Do not give us access information for a property you are not authorized to grant access to.

12. Weather

Weather does not usually cancel a shoot. It splits it.

• If it is not actively raining, we shoot as scheduled.
• If it is raining or conditions are unsafe, we shoot all interiors on schedule and return for exteriors on the next Workable Day at no charge. We determine whether conditions permit exterior work, based on conditions at the property at the scheduled time.
• One free weather return visit is included. For properties beyond 25 miles, a second or later weather return is billed at the Section 5.4 travel rate only, with no additional Session Fee.
• Overcast is not a reschedule. Blue sky replacement is included on exterior stills, so flat light is not a reason to move a shoot. See Section 18.
• Twilight may be cancelled or moved free of charge with 2 hours notice on either side, because the usable window is roughly 20 to 30 minutes long and cannot be shifted.
• A weather reschedule is never charged a cancellation fee, in either direction, and we do not charge for the return trip.

If you cancel the whole booking because of weather rather than accepting the interior now, exterior later split, Section 8 applies normally.

13. Drone operations

Aerial work is flown only by a remote pilot holding a current FAA Part 107 remote pilot certificate, either our owner or a Part 107 certificated pilot working under our direction and our agreement. We do not hand your aerial work to an anonymous third party marketplace.

Drone flight depends on the law and the sky, not on our preference:

• Airspace. Much of the Austin metro sits in controlled airspace. Flight there requires LAANC or a manual FAA authorization. Some locations near airports and heliports cannot be authorized at all, and manual authorizations can take weeks.
• If authorization is denied or not granted in time, we shoot the rest of the order as scheduled and remove the aerial services from your invoice. No penalty to you and no cancellation fee. That removal is your sole and exclusive remedy.
• Weather and safety. The pilot alone decides whether conditions permit a safe and legal flight, and that decision is final and is not a breach of this agreement. As a practice we do not fly in rain, in winds above roughly 20 mph, at night without the required authorization, or over people, moving vehicles, or a neighbor's occupied property.
• If we cannot fly on the scheduled day for weather, we return free of charge on the next Workable Day. One free aerial return visit is included, on the same terms as Section 12.
• We fly only the subject property. Aerials of the subject property will necessarily include surrounding properties as they appear from the air.
• Consent to fly. You warrant that the property owner consents to aerial photography of the property and to overflight of it, and that you are not aware of any objection by an adjacent owner. Sections 20, 21, and 22 apply to aerial operations, including damage to the property, to adjacent property, and to persons or vehicles on the ground.

14. Events outside our control

Neither of us is liable for a delay or failure to perform caused by an event beyond our reasonable control, including severe weather, flood, fire, wildfire smoke, hail, freeze, natural disaster, epidemic, act of war or terrorism, civil disturbance, labor disruption, power, network, or utility failure, government or FAA action, airspace restriction, evacuation order, road closure, crime, theft of or damage to equipment, vehicle failure, and serious illness or injury of the photographer assigned to your shoot.

The affected party will notify the other as soon as it reasonably can. If an event under this section prevents a shoot, we will reschedule to the first mutually available slot at no charge, or if you prefer, cancel the affected services and refund or remove them from your invoice. That reschedule, refund, or removal is your sole and exclusive remedy, and no fee under Section 8 applies in either direction.

Turnaround clocks under Section 4 pause for the duration of the event and resume when it ends. This section does not excuse your obligation to pay for work already delivered.

RIGHTS

15. We own the copyright

ListingBuzz owns the copyright in every photograph, video, floor plan, tour, and other work product created on your order. This is not work made for hire and no copyright is assigned to you, your brokerage, the seller, a builder, or anyone else. Paying for a shoot buys you the license in Section 16, not ownership of the images.

15.1 Our team

Some shoots are performed by contract photographers we engage. Every person who creates Media for us does so under a written agreement that irrevocably assigns all copyright in the work to Gartman Digital, LLC at the moment of creation, and that binds that person to Sections 17, 18, 20, 21, and 22. We represent that we hold all rights necessary to grant the license in Section 16. Our liability for a breach of this representation is subject to Section 22.

15.2 Registration, and what you are agreeing to

We register our photographs and videos with the United States Copyright Office in groups, ordinarily within three months of first publication.

You acknowledge that each delivered image, video, floor plan, and tour is a separate copyrighted work, that you have read Section 16 and understand what your license does and does not cover, and that any use outside Section 16 is knowing and intentional. We would much rather sell you a license than argue about it, and Section 16.4 tells you exactly what that costs.

15.3 Copyright information in the files

We embed copyright and ownership information in the metadata of the files we deliver. You may not remove, alter, obscure, crop out, or strip that information, and you may not knowingly distribute files from which it has been removed. Automatic stripping by an MLS or a portal during a normal upload is not a breach of this section. Deliberately stripping metadata before upload is.

15.4 Our portfolio use

We may use the images in our own portfolio, website, social media, and advertising. If a property is confidential or the owner has a privacy concern, tell us in writing before the shoot and we will keep those images out of our marketing. If a concern comes up later, tell us then and we will take it down going forward. We are not required to recall material already published, though we will try.

16. Your license

When your order is paid in full, we grant you a non-exclusive, non-transferable, non-sublicensable (except as expressly provided in Section 16.5) commercial license to use the delivered Media to market and sell or lease the specific property we photographed.

Read that again if you have seen a photographer's terms that say "personal, non-commercial use." That is not what this is. This license is commercial. It covers exactly what a listing agent needs to do:

• Upload to the MLS and let it syndicate
• IDX feeds, portals, and aggregator sites
• Your brokerage website and your own website
• Print: flyers, brochures, postcards, mailers, signs, magazine ads
• Email marketing, social media, and paid social and search ads
• Single property websites and virtual tours

Your own portfolio and self-marketing rights are covered separately in Section 16.7, and they are permanent.

16.1 Term

The license runs from payment in full until 30 days after the earliest of: the listing closing, expiring, being withdrawn, or being cancelled. For a lease listing, it ends 30 days after the lease is signed or the listing ends, whichever is earlier. In no event does it run longer than 12 months from Delivery.

You will tell us when the listing closes, expires, is withdrawn, or is cancelled. If you do not, the term ends 12 months after Delivery.

When the term ends, stop using the Media and remove it from your own websites, social accounts, and advertising. Media already submitted to the MLS may remain in the MLS record under Section 16.5, and your Section 16.7 rights continue.

If you relist the same property yourself within 12 months, your license reactivates free. Just tell us.

16.2 Who holds the license

The license is held by the ordering agent and the brokerage named on the order, together, for that listing. Nobody else.

16.3 What the license does not do

The license is not assignable and does not transfer. Specifically, it does not extend to:

• Your brokerage after you leave it, or a new brokerage you join
• The property owner or seller, for their own use
• A builder, developer, stager, contractor, lender, or vendor
• A subsequent listing agent. If the listing expires and another agent takes it, that agent has no license
• Any other property

You may not sublicense, resell, syndicate for a fee, or submit the Media to a stock library, a portal's own content library, or any third party media licensing program.

16.4 Relicensing, and use outside the license

Using the Media outside this license is copyright infringement. We would rather sell you a license than argue about it, and it is cheap.

A new license is available at our then current published rates. As of the effective date of this version: $75 per image and $350 per full delivered set, per additional listing or licensee, for a term matching Section 16.1. Buying it in advance is always cheaper. If a seller, a builder, or the next agent wants to use these images, have them call us.

If you, or anyone you gave the Media to, uses it after the term ends or outside its scope, we will invoice that use at twice the applicable rate above, per image, per listing. That invoice is the price of a use we did not agree to sell in advance, not damages for breach. Paying it does not grant a license going forward, does not ratify past use, and does not waive any remedy available to us under the Copyright Act.

16.5 The MLS grant

We grant the multiple listing service serving your listing, currently Unlock MLS (ACTRIS), and its authorized IDX and syndication recipients, an irrevocable, royalty-free, non-exclusive, sublicensable license to store, reproduce, compile, display, and distribute the delivered Media solely as listing content for the sale, lease, or valuation of the property we photographed, for so long as the MLS retains the listing record. You are authorized to make this grant to the MLS on our behalf when you upload.

This grant is limited to that purpose. It does not authorize the MLS, any portal, or any recipient to license, sell, or sublicense the Media for any other purpose, or to any person for a use unconnected to that listing. We reserve all rights not expressly granted here.

If your MLS's rules require a grant broader than this one, tell us before you upload and we will issue a separate written grant.

16.6 Third party platforms

Many websites and apps, including Zillow, Realtor.com, Redfin, Facebook, and Instagram, take a broad, perpetual, sublicensable license in anything you upload to them.

You may upload the Media only to the MLS and to channels that display the listing, and only as needed to market the property. Any rights you purport to grant a platform are granted only out of the rights you actually hold under this Section 16, and you have no authority to grant more. You may not submit the Media to a platform's content library, media licensing program, stock program, or paid content marketplace. If a platform's terms require a broader grant than this section allows, do not upload. Contact us and we will license that platform directly or tell you not to use it.

16.7 Your permanent portfolio rights

Your portfolio rights are permanent. You may keep using up to 8 images from each shoot in your own self-marketing, forever: your website, your listing presentations, your year-end recaps, your "just sold" and "just leased" posts, and your social accounts, with the property identified as a listing you represented.

This right is about marketing yourself. It does not cover marketing that property for anyone else, and it does not transfer to another agent or brokerage.

17. Your warranties about the property and the people in it

You represent and warrant that:

• Authority. You have the property owner's authorization to have the property photographed, to publish the images, and to give us access. You have any consent required from tenants or occupants.
• The owner knows the terms. You have told the property owner that our liability for loss or damage at the property is limited as described in Sections 20 and 22, and that the owner's own property insurance is primary for loss or damage at the property. You will obtain the owner's agreement to those terms.
• No conflicting rights. You are not aware of any third party right that would prevent us from photographing or publishing images of the property, including artwork, murals, branded design elements, or protected architecture visible in the frame.
• People. If you ask us to photograph specific people, you will get us a written release from each of them first, or from a parent or guardian if a minor. Otherwise we shoot no people. If an identifiable person appears in a delivered frame and asks to be removed, tell us within 30 days of Delivery and we will remove that frame from your set or re-edit it at no charge. A return visit to reshoot is priced under Section 9.3.

You will indemnify us under Section 21 for claims arising from any of these representations.

17.1 If someone objects later

If the property owner, a tenant, an occupant, or an identifiable person withdraws consent or objects to publication after Delivery:

• Tell us within 2 Business Days. You will stop using the affected Media and remove it from the MLS and every channel you control, promptly.
• We will remove it from our portfolio, website, and social accounts on request, and will not license it to anyone else.
• If the objection prevents use of the shoot as a whole and does not result from your breach of Section 17, we will credit the amount you paid for the affected services toward a future shoot. That credit is your sole remedy. If it does result from your breach of Section 17, no credit is due and Section 21 applies.
• If we receive a credible legal complaint about Media we created, we may remove it from our own channels and ask you to do the same. Doing so is not a breach by us.

18. Virtual staging, sky replacement, and enhanced images

Virtually staged, virtually renovated, and item-removed images are delivered clearly identified as such, and we label the file where the label is technically supported.

Sky replacement. Exterior stills may include blue sky replacement as part of our standard edit. It is on by default. If your MLS or applicable law requires you to disclose enhanced or AI-altered images, that includes sky replacement. Tell us before the shoot if you want exteriors delivered without sky replacement and we will do that at no charge.

If you are the party who uploads the Media to the MLS or to any advertising channel, you are responsible for disclosing that the images are virtually staged or enhanced. That means keeping any visible label we apply, adding the MLS-required "Virtually Staged" designation, and putting a matching note in the listing remarks. You may not remove, crop out, or edit over a disclosure label we applied.

Failure to disclose is your responsibility under Section 21.

19. Files we keep

• Active gallery: 90 days from Delivery. Download whenever you want during that window.
• Archive: 12 months from Delivery. After the gallery closes, we keep a backup copy and can re-deliver on request. The first re-delivery within your license term is free. After that, or after 12 months, it is a $25 retrieval fee per order if we still have the files.
• After 12 months: availability is not guaranteed. We may still have the files. We may not.

This is a storage commitment, not a promise of permanent backup. Download and keep your own copies.

19.1 How we process and store your media

We use third party providers and automated and AI-assisted tools to edit, host, back up, and deliver Media, including providers located outside Texas and outside the United States. You authorize us to transfer your Media to those providers for those purposes.

We may use Media we own to train, tune, and evaluate our own editing tools and style profiles. We do not sell your Media and we do not submit it to any general purpose model training program that would permit third parties to reproduce it. You may not use the Media to train, tune, or evaluate any machine learning model, and you may not supply it to a third party for that purpose.

19.2 If files are lost

Download and keep your own copies. If your Media is lost, corrupted, or unavailable after Delivery for any reason, including our error, a provider outage, or a storage failure, our sole obligation is to re-deliver from archive if we still hold a copy, at no charge if the loss is ours. If we do not hold a copy, your sole remedy is a refund of the amount you paid for the lost items. We do not promise gallery uptime.

20. At the property

• We handle our own equipment only. We do not move, open, or handle your or the owner's belongings, and we do not open drawers, cabinets, closets, refrigerators, safes, or locked rooms.
• Secure valuables before we arrive. Cash, jewelry, prescription medication, controlled substances, firearms, and other valuables must be secured before the Arrival Window. We are not responsible for items reported missing.
• If we damage something, tell us in writing within 7 days of the shoot, with photographs and a description of what happened. Claims not reported within that window are waived. If we are responsible, we will repair or pay the lesser of the reasonable cost of repair or the item's fair market value immediately before the damage, subject to the cap in Section 22.3.
• We are not responsible for damage, wear, or conditions present when we arrived.
• You will inform the property owner and any occupant of this section and of Section 22 before the shoot, and obtain their agreement. If you cannot, tell us before the shoot.

LEGAL TERMS

21. INDEMNIFICATION

THIS SECTION IS IMPORTANT. IT MAKES YOU RESPONSIBLE FOR CERTAIN CLAIMS BROUGHT AGAINST US. PLEASE READ IT.

In plain terms: this covers claims that come from things you told us or things you control. It does not make you responsible for our own mistakes.

YOU WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS LISTINGBUZZ, GARTMAN DIGITAL, LLC, AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND CONTRACT PHOTOGRAPHERS FROM ANY CLAIM, LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF:

• Any breach of your representations in Section 17.
• Any use of the Media outside the license in Section 16, by you or by anyone you gave the Media to, including any grant you make to a platform beyond what Section 16.6 allows.
• Any failure to disclose virtual staging or image enhancement under Section 18.
• Any republication by you of a measurement, floor plan, or square footage figure we produced.
• Any condition of the property, or any injury or damage occurring at the property during a shoot, EXCEPT TO THE EXTENT CAUSED BY OUR NEGLIGENCE OR WILLFUL MISCONDUCT.
• Any claim by a property owner, tenant, occupant, neighbor, or identifiable person relating to a shoot you booked, EXCEPT TO THE EXTENT CAUSED BY OUR NEGLIGENCE OR WILLFUL MISCONDUCT.

Our side of it. We will defend and indemnify you on the same terms for claims arising from our own negligence or willful misconduct, and for any claim that Media we created infringes someone else's copyright. Our obligation under this paragraph is subject to Section 22.

How this works. We will tell you about a claim reasonably promptly, though a delay affects your obligation only to the extent it actually prejudices the defense. You will assume the defense with counsel reasonably acceptable to us, and keep us informed. We may participate with our own counsel at our own expense. You may not settle a claim in a way that admits fault on our part, imposes any obligation or payment on us, or restricts our conduct, without our written consent. If you do not assume the defense within 15 days of our notice, we may defend and settle it ourselves and you will reimburse our reasonable costs, including attorney fees, as they are incurred. The same mechanics apply in reverse when we are the indemnifying party.

22. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SECTION LIMITS WHAT WE CAN BE MADE TO PAY YOU. PLEASE READ IT.

22.1 Warranty disclaimer

WE PROVIDE THE SERVICES AND THE MEDIA "AS IS" AND "AS AVAILABLE." EXCEPT FOR OUR EXPRESS COMMITMENTS IN SECTION 4 (TURNAROUND), SECTION 9 (WE FIX OUR OWN MISTAKES), AND SECTION 15.1 (WE HOLD THE RIGHTS WE LICENSE TO YOU), WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE MEDIA WILL BE SUITABLE FOR ANY PARTICULAR PRINT SIZE, DISPLAY MEDIUM, OR THIRD PARTY PLATFORM REQUIREMENT, OR THAT THE GALLERY WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.

Floor plans, room dimensions, square footage figures, and 3D scans we produce are approximate and are marketing materials. They are not a survey, an appraisal, an inspection, an as-built drawing, or a certification of area, and they must not be represented as measured or verified. We deliver them with a disclaimer printed on the plan. You may not remove, crop out, or obscure that disclaimer.

22.2 Limitation of liability

IF WE CANNOT DELIVER A SHOOT AT ALL, YOU OWE NOTHING FOR IT AND WE WILL RESHOOT FREE AT THE FIRST SLOT THAT WORKS FOR YOU.

FOR ANY OTHER CLAIM, THE TOTAL AGGREGATE LIABILITY OF LISTINGBUZZ, GARTMAN DIGITAL, LLC, AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND CONTRACT PHOTOGRAPHERS, TAKEN TOGETHER, ARISING OUT OF OR RELATED TO A SHOOT IS LIMITED TO THE GREATER OF THE AMOUNT YOU ACTUALLY PAID US FOR THAT SHOOT OR $500.

WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST COMMISSIONS, A LOST SALE, A DELAYED CLOSING, A LOST LISTING, OR LOST BUSINESS OPPORTUNITY, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

WE DO NOT GUARANTEE THAT PHOTOGRAPHY WILL SELL A PROPERTY, PRODUCE SHOWINGS, OR PRODUCE ANY PARTICULAR RESULT.

These limits do not apply to your obligations to pay amounts due under Sections 5, 6, and 8, to your indemnity obligations under Section 21, or to your use of the Media outside the license in Section 16.

Nothing in this section limits liability that cannot be limited under Texas law.

22.3 Damage at the property

OUR AGGREGATE LIABILITY FOR PHYSICAL LOSS OR DAMAGE AT THE PROPERTY ARISING FROM A SHOOT IS LIMITED TO $2,500 PER SHOOT. THIS IS THE SOLE AND EXCLUSIVE REMEDY OF YOU AND OF THE PROPERTY OWNER FOR DAMAGE AT THE PROPERTY, AND IT IS SUBJECT TO THE 7 DAY REPORTING WINDOW IN SECTION 20.

22.4 Time limit on claims

ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO A SHOOT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED. This does not shorten any period that cannot be shortened by agreement under Texas law, and it does not apply to our claims for copyright infringement or for unpaid amounts.

23. Termination and survival

Either of us may cancel a booking under Section 8. This agreement otherwise stays in effect for each order until the order is delivered, paid, and the license term has run.

We may suspend service or decline future bookings if you have a past due balance, if you use Media outside the license, or if a property or situation is unsafe.

Sections 5.5, 6, 7, 8, 9.1, 9.3, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, and 25 survive termination or expiration of this agreement or of any order, along with any other provision that by its nature is intended to survive, and any payment obligation that accrued before termination.

24. Governing law and dispute resolution

24.1 Governing law

Texas law governs this agreement, without regard to conflict of laws rules.

24.2 Talk to us first

Before either of us starts a formal proceeding, the complaining party will send written notice describing the problem and the relief requested to the other party's address under Section 25.6, and we will both try in good faith to resolve it within 30 days. This step does not apply to a small claims action or to a claim carved out by Section 24.4.

24.3 Arbitration

You can always take a qualifying dispute to small claims court instead of arbitration. Either of us may do that, and nothing here stops you.

Otherwise, if we cannot resolve it, any dispute arising out of or relating to this agreement will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Travis County, Texas.

Costs. If you start an arbitration, your share of the AAA filing, administrative, and arbitrator fees will not exceed what it would have cost you to file the same claim in Travis County district court. We pay the rest.

This agreement affects interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. Section 1 et seq. Media is delivered through cloud services located outside Texas, payments are processed through interstate payment networks, listing content is syndicated nationally, and we serve clients and brokerages headquartered outside Texas.

Arbitration is bilateral. Neither of us may bring a claim as a class action or in a representative capacity. If that class and representative action waiver is held unenforceable as to a particular claim, that claim alone proceeds in court and the rest of this section stays in force for all other claims.

24.4 What is not arbitrated

This section does not apply to, and either of us may bring in court: (a) a claim for copyright infringement, removal or alteration of copyright management information under 17 U.S.C. 1202, trademark infringement, or misappropriation of trade secrets; (b) a claim for temporary, preliminary, or other injunctive or equitable relief; and (c) an action to collect amounts due under this agreement.

For those claims, each of us consents to the personal jurisdiction of the state and federal courts serving Travis County, Texas, including the United States District Court for the Western District of Texas, Austin Division, and either of us may also bring a copyright claim before the Copyright Claims Board. EACH OF US WAIVES TRIAL BY JURY FOR THOSE CLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. Seeking relief under this section is not a waiver of the arbitration agreement as to any other claim.

24.5 Costs of enforcement

In any arbitration, court proceeding, or other action to enforce this agreement, the party that prevails is entitled to recover its reasonable attorney fees, expert fees, arbitration and court costs, and expenses. This is in addition to, and not instead of, any recovery available under Texas Civil Practice and Remedies Code Chapter 38 or 17 U.S.C. 505.

25. General

25.1 Changes to this agreement

We may update this agreement. Here is how that works:

• Changes apply only going forward. The version you accepted governs every order you already placed, and no change applies to a dispute for which notice has already been given under Section 24.2.
• Changes apply equally to both of us.
• We will give you at least 10 days advance notice by email before a change takes effect.
• If a change is material, you will be asked to accept the new version before your next order. Material changes include changes to price determination, the payment authorization, the cancellation and fee schedule, the license grant, the warranty disclaimer, the limitation of liability, the indemnity, and the dispute resolution section.

25.2 Severability and savings

If any provision of this agreement is held invalid or unenforceable, the rest stays in full effect and that provision is reformed to the minimum extent necessary to make it enforceable.

Specifically, if any fee, rate, interest charge, or liquidated damages amount stated in this agreement, including in Sections 6.5, 8.3, 8.4, 8.7, 9.5, 16.4, and 19, is held to be a penalty, unconscionable, usurious, or otherwise unenforceable in whole or in part, the parties intend that it be reduced to the largest amount that is enforceable, and if it cannot be reduced, that it be severed, in which case we may instead recover our actual damages, costs, and attorney fees at law. No "sole and exclusive remedy" language anywhere in this agreement waives our right to actual damages if the stated fee is held unenforceable, and no such language survives the severance of the fee it accompanies.

25.3 Entire agreement, no reliance, and order of precedence

This agreement plus your order confirmation is the whole deal between us for that shoot. It replaces any prior conversation, quote, email, or understanding about the same shoot.

No reliance. In entering this agreement you are relying only on what is written in this agreement and your order confirmation. You are not relying on any other statement, promise, estimate, sample image, marketing material, or representation, whether made by us, our website, or anyone acting for us, and you agree that no such statement induced you to place your order.

The plain-language summary at the top of this document, and the summary shown at checkout, are convenience summaries. They are not a substitute for these terms, and where they are less detailed, these terms govern.

Order of precedence. If these documents conflict as to a shoot, they control in this order: (1) your order confirmation, as to scope, price, address, and schedule only; (2) this agreement; (3) the listingbuzz.co Terms of Use; (4) the listingbuzz.co Privacy Policy, which continues to govern how we handle personal information. The Terms of Use and the Privacy Policy remain fully in effect as to your use of our website, gallery, and accounts, except where this agreement expressly says otherwise. Where this agreement and the Terms of Use both address dispute resolution for a shoot transaction, Section 24 of this agreement controls.

25.4 Assignment and succession

You may not assign this agreement or your license, in whole or in part, by operation of law or otherwise, without our written consent. Changing brokerages is not an assignment and does not move your license. See Section 16.3.

We may assign this agreement, and transfer the copyrights in your Media, to a successor in connection with a merger, reorganization, change of control, or sale of all or substantially all of our business or assets, without your consent. Your license survives that transfer on the same terms. Your stored card does not transfer: a successor must collect a new payment authorization from you under Section 6.2 before charging you.

25.5 Independent contractor

We are an independent contractor. Nothing here creates an employment, partnership, agency, or joint venture relationship.

25.6 Notices

Notices to us go to hello@listingbuzz.co, or by certified mail, return receipt requested, to 5900 Balcones Drive STE 100, Austin, TX 78731, with a copy by email. Notices to you go to the email address on your order, and where we choose, to any mobile number you gave us. Cancellation and reschedule notices may also be sent by text to (512) 593-8222.

Email notice is deemed received on the day sent unless we receive a bounce or non-delivery response. Mailed notice is deemed received three Business Days after it is postmarked. You are responsible for keeping your email address and phone number current and for making sure our messages are not blocked or filtered. A notice sent to the address on your order is effective even if you did not read it.

25.7 Electronic agreement

You agree that clicking the acceptance box is your signature, that this agreement is enforceable electronically, that we may provide this agreement, your order confirmation, invoices, and notices to you electronically, and that our records of your acceptance are admissible evidence of it. To receive and keep electronic records you need a device with a current web browser, an email account, and the ability to view and save PDF or web pages. You may request a paper copy of this agreement at no charge by emailing hello@listingbuzz.co.

25.8 No waiver

If we do not enforce a term, waive a fee, or accept a late payment on one occasion, that is a one-time courtesy. It does not waive that term or fee on any other occasion, does not waive any other term, does not modify this agreement, and does not create a course of dealing. A waiver counts only if we put it in writing and identify what is being waived.

25.9 No third party beneficiaries

This agreement is between you and us. No other person has any right under it, except that our members, managers, employees, and contract photographers may enforce Sections 20, 21, and 22 directly.

25.10 Interpretation

Headings are for convenience only and do not affect meaning. "Including" means "including without limitation." This agreement will not be construed against either of us as the drafter. You acknowledge you had the opportunity to review this agreement and ask questions before accepting it.

26. Questions

Call (512) 593-8222 or email hello@listingbuzz.co. If something in here does not sit right with you before you book, tell us. It is easier to sort out now than after the shoot.