Real Estate Media Licensing Agreement

This Real Estate Media Licensing Agreement (“Agreement”) is entered into between Harber Media, Inc., a California corporation (“Harber Media”), and the individual or entity identified as the client on the applicable order, booking, or invoice (“Licensee”).

This Agreement applies to the real estate photography and other media commissioned by Licensee for the property identified in the applicable order (“Property”).

1. Licensed Media

“Licensed Media” means the final photographs, aerial photographs, videos, floor plans, virtual twilight images, virtual staging, 3D tours, graphics, and other finished media delivered by Harber Media in connection with the Property.

Licensed Media does not include RAW files, source files, project files, unedited footage, rejected images, intermediate files, or other working materials unless expressly agreed to in writing.

2. Copyright and Ownership

Harber Media retains all copyrights and other intellectual property rights in the Licensed Media except where otherwise expressly agreed in a separate written agreement.

Delivery of the Licensed Media does not constitute a sale or transfer of copyright ownership.

Any third-party materials incorporated into the Licensed Media, including licensed music, software, platform components, fonts, or similar materials, remain subject to the rights and restrictions of their respective owners.

3. Grant of License

Upon payment in full of all amounts due for the applicable order, Harber Media grants Licensee a non-exclusive, perpetual, worldwide license to use the Licensed Media for:

1. the marketing and promotion of the Property; and
2. the marketing and promotion of Licensee’s real estate services in connection with the Property, including Licensee’s portfolio and marketing of past transactions.

Permitted uses include, without limitation:

• Multiple Listing Services (“MLS”);
• brokerage and team websites;
• real estate listing and syndication platforms;
• property websites;
• social media;
• email marketing;
• digital advertising;
• print advertising and marketing materials;
• brochures, flyers, postcards, and presentations;
• public relations and editorial coverage relating to the Property;
• listing presentations and professional portfolios; and
• “Coming Soon,” “Just Listed,” “Pending,” “Sold,” and similar marketing relating to the Property.

No additional licensing fee is required for these permitted uses unless otherwise specified in writing for a particular service or project.

4. MLS, Brokerage, and Third-Party Distribution

Licensee may provide the Licensed Media to Licensee’s brokerage, real estate team, MLS, listing portals, syndication services, printers, marketing vendors, and other service providers solely as necessary to carry out the permitted uses described in this Agreement.

Licensee may grant those platforms or service providers the limited rights reasonably necessary to display, reproduce, distribute, host, or syndicate the Licensed Media for those purposes.

Such distribution does not transfer ownership of the Licensed Media or authorize the receiving party to use the Licensed Media independently for its own unrelated commercial purposes.

The license granted under this Agreement belongs to Licensee and does not automatically transfer to another real estate agent, brokerage, property owner, or other party if responsibility for the listing changes.

5. Unauthorized Third-Party Use

Unless separately authorized in writing by Harber Media, the Licensed Media may not be sold, licensed, transferred, assigned, or provided for independent commercial use by third parties, including:

• property owners;
• subsequent listing agents;
• other real estate agents or brokerages;
• builders or developers;
• architects;
• interior designers;
• home stagers;
• contractors;
• product manufacturers;
• vendors;
• publications using the media for unrelated commercial purposes; or
• other businesses seeking to promote themselves, their products, or their services.

Third parties wishing to use the Licensed Media for their own commercial purposes must obtain appropriate licensing directly from Harber Media.

The Licensed Media may not be sold as stock imagery, incorporated into a commercial media library or dataset, or used to train artificial intelligence or machine-learning systems without Harber Media’s prior written permission.

6. Digitally Altered Images, Artificial Intelligence, and Legal Compliance

Licensee acknowledges that certain media services may involve digital alteration, virtual staging, artificial intelligence, generative imaging, or other image-editing technologies.

For purposes of this Agreement, a “Digitally Altered Image” includes an image that has been modified through photo-editing software, artificial intelligence, or similar technology to add, remove, replace, or materially change elements depicted in or visible from the Property, including, without limitation:

• furniture;
• fixtures;
• appliances;
• flooring;
• walls;
• paint colors;
• landscaping;
• hardscape;
• exterior features;
• neighboring properties;
• views;
• utility infrastructure; or
• other physical elements of or surrounding the Property.

Routine photographic adjustments that do not materially change the representation of the Property, including adjustments to lighting, exposure, dynamic range, white balance, color, sharpening, perspective, straightening, cropping, lens correction, and similar standard photographic corrections, shall not be considered material digital alterations for purposes of this Agreement.

California AB 723

Licensee acknowledges that California Assembly Bill 723, codified in California Business and Professions Code Section 10140.8, imposes disclosure requirements on certain digitally altered images used in advertisements or promotional materials for the sale of real property.

When applicable, Licensee is responsible for ensuring that the publication and use of Digitally Altered Images comply with AB 723 and any successor or amended law, including requirements concerning:

• disclosure that an image has been digitally altered;
• placement and conspicuousness of such disclosure;
• availability of the corresponding original, unaltered image; and
• links, URLs, QR codes, or other methods of providing access to original images where required.

Harber Media will retain or deliver corresponding original imagery when reasonably necessary to support a Digitally Altered Image created by Harber Media, provided such original imagery was captured or supplied as part of the applicable project.

MLS and Advertising Requirements

Licensee acknowledges that Multiple Listing Services, brokerages, advertising platforms, listing portals, and other third parties may impose requirements or restrictions that are more stringent than applicable state law.

Licensee is responsible for determining whether a particular Digitally Altered Image is permitted for use in the applicable MLS or advertising platform and for providing any captions, descriptions, disclosures, original images, or other information required by that platform.

An alteration that may be permitted under applicable law when properly disclosed is not necessarily permitted by an MLS, brokerage, or other platform.

Licensee shall not knowingly use, or direct Harber Media to create for use, any alteration that falsely or materially misrepresents the condition, characteristics, improvements, fixtures, views, surroundings, or other material features of the Property in violation of applicable law, MLS rules, brokerage requirements, or advertising standards.

Virtual Staging and Similar Services

Virtual staging, virtual decluttering, virtual twilight imagery, AI-generated modifications, and similar services shall be treated as Digitally Altered Images when they add, remove, replace, or materially modify elements of the depicted Property.

Where Harber Media delivers both an altered image and its corresponding original image, Licensee is responsible for publishing, labeling, arranging, and presenting those images in the manner required by applicable law and the applicable MLS, brokerage, listing portal, or advertising platform.

Unless specifically included in the ordered service, Harber Media is not required to embed disclosure language, watermarks, labels, or other notices directly into an image.

Client or Third-Party Modifications

Licensee may crop, resize, reformat, add text, logos, graphics, or branding to the Licensed Media as reasonably necessary for permitted marketing purposes.

Any further digital alteration, artificial intelligence modification, virtual staging, object removal, generative modification, or other material alteration performed by Licensee or a third party after delivery is undertaken at Licensee’s sole responsibility.

Harber Media shall not be responsible for the accuracy, legality, disclosure, or regulatory compliance of modifications made after delivery by Licensee or any third party, or for Licensee’s manner of publishing or distributing the Licensed Media.

7. Payment, Cancellation, Rescheduling, and Refunds

The specific services, deliverables, pricing, and other project-specific terms shall be those identified in the applicable order, booking confirmation, or invoice.

Licensed Media will be delivered electronically in the formats applicable to the services ordered.

No license or right of use is granted until the applicable invoice has been paid in full.

If payment is reversed, disputed, charged back, or otherwise withdrawn after delivery, the license granted under this Agreement may be suspended until the outstanding balance has been resolved.

Cancellation and Rescheduling

Licensee may cancel or reschedule an appointment without charge when Harber Media receives at least twenty-four (24) hours’ notice before the scheduled appointment time.

The following fees apply when less notice is provided or Harber Media is unable to complete the scheduled appointment for reasons within Licensee’s or the Property’s control:

• Less than 24 hours’ notice: $75 cancellation or rescheduling fee.
• No-show or inability to access the Property after Harber Media has arrived: $150 Trip / Lost Appointment Fee.
• Property not ready for the scheduled appointment and the condition of the Property prevents or materially interferes with completion of the ordered services: $150 Trip / Lost Appointment Fee.

A Property may be considered not ready when circumstances materially prevent Harber Media from performing the scheduled services, including, without limitation, denied or unavailable access, occupants preventing photography, active cleaning or construction, inaccessible areas required for the shoot, or other conditions that make it unreasonable or impracticable to proceed.

Minor staging imperfections, ordinary household items, or conditions that do not materially prevent Harber Media from completing the scheduled services shall not, by themselves, constitute a property-not-ready cancellation.

Weather-Related Rescheduling

No cancellation or rescheduling fee will be charged when weather conditions reasonably prevent or materially compromise the scheduled services.

Harber Media will determine, in reasonable consultation with Licensee when practicable, whether weather conditions materially affect the ability to complete the scheduled services.

Weather-related rescheduling does not entitle Licensee to priority over previously scheduled appointments, and the replacement appointment will be scheduled based on Harber Media’s then-current availability.

Cancellation of a Paid Order

If Licensee cancels an order for which payment has already been received, any applicable cancellation, rescheduling, Trip / Lost Appointment Fee, or other properly assessed charge will first be deducted from the amount paid.

Licensee may then elect to receive the remaining balance as either:

1. Account Credit: A credit equal to 100% of the remaining balance, applied to Licensee’s Harber Media account for use toward future services; or
2. Refund to Original Payment Method: A refund equal to 95% of the remaining balance to the original payment method. The remaining 5% will be retained by Harber Media as a refund-processing and administrative deduction to offset payment-processing, transaction, and refund-related costs associated with the original payment and subsequent refund.

Account credits have no cash value and may be applied only toward future services provided by Harber Media.

Refunds will be issued to the original payment method whenever reasonably practicable.

Cancellation by Harber Media

If Harber Media is unable to perform a scheduled appointment and Harber Media is responsible for the cancellation, Licensee may elect to reschedule the appointment, receive a 100% account credit, or receive a full refund of amounts paid for the affected services without a cancellation or refund-processing deduction.

Nothing in this section limits any refund or other remedy required by applicable law.

Harber Media is not obligated to provide RAW files, source files, editable files, project files, or other working materials unless expressly agreed to in writing.

8. Photographer Credit

Credit to Harber Media is appreciated but is not required for uses permitted under this Agreement unless otherwise agreed in writing.

Nothing in this Agreement requires Licensee to display a watermark or photographer credit on MLS listings or other permitted marketing materials.

9. Harber Media Portfolio and Promotional Use

Harber Media retains the right to use the Licensed Media for its own:

• portfolio;
• website;
• social media;
• advertising;
• marketing;
• promotional materials;
• educational materials;
• industry presentations;
• award submissions; and
• other reasonable self-promotional purposes.

If confidentiality or delayed publication is required for a particular Property, Licensee must arrange such restrictions with Harber Media in writing.

10. Matterport and Other Hosted 3D Tours

When a Matterport 3D Tour is included in an order, Harber Media will provide three (3) months of hosting beginning on the date the completed tour is delivered unless a different hosting period is stated in the applicable order or invoice.

Before or near the end of the initial hosting period, Harber Media may provide Licensee with a reminder regarding continued hosting. Failure to receive a reminder does not extend the original hosting period.

If continued hosting is not requested, Harber Media may archive or deactivate the tour after the hosting period expires.

If an archived tour is later reactivated, additional hosting or reactivation charges may apply. Any applicable charge will be disclosed before reactivation.

At Licensee’s request, Harber Media will transfer an eligible Matterport tour to Licensee’s own Matterport account without charging a Harber Media transfer fee.

Any Matterport subscription costs, platform fees, account requirements, transfer restrictions, hosting limitations, or other third-party requirements are the responsibility of Licensee and remain subject to Matterport’s then-current policies and platform capabilities.

Harber Media is not responsible for interruptions, changes, discontinuation, data loss, or service limitations resulting from Matterport or any other third-party hosting platform.

11. Third-Party Platforms and Services

Certain Licensed Media may rely upon or be delivered through third-party platforms, software, hosting providers, music-licensing services, property-tour providers, or other external services.

Harber Media does not control the continued operation, policies, pricing, functionality, or availability of third-party platforms.

Harber Media shall not be responsible for changes, outages, discontinuation, restrictions, or other actions taken by a third-party platform that affect the continued availability or functionality of Licensed Media after delivery.

12. License Term and Termination

The license granted under this Agreement is perpetual once payment has been made in full, provided Licensee complies with the terms of this Agreement.

Harber Media may suspend or terminate the license in the event of a material breach of this Agreement, including:

• unauthorized resale;
• unauthorized licensing;
• unauthorized transfer;
• unauthorized third-party commercial use;
• copyright infringement; or
• failure to pay amounts properly due to Harber Media.

Where reasonably capable of correction, Harber Media may provide Licensee an opportunity to cure a breach before terminating the applicable license.

Termination does not affect otherwise lawful uses of the Licensed Media that occurred before termination.

13. Licensee Responsibility

Licensee is responsible for ensuring that Licensee’s use and publication of the Licensed Media comply with applicable:

• federal, state, and local law;
• real estate advertising requirements;
• MLS rules;
• brokerage policies;
• fair housing requirements;
• intellectual property requirements; and
• third-party platform policies.

Licensee is also responsible for the accuracy of property descriptions, captions, claims, advertisements, and other information used in conjunction with the Licensed Media.

Harber Media does not provide legal, brokerage, MLS-compliance, or advertising-compliance advice.

14. Limitation of Liability

To the maximum extent permitted by applicable law, Harber Media’s total liability arising from the Licensed Media, services, or this Agreement shall not exceed the amount paid by Licensee for the specific order giving rise to the claim.

To the maximum extent permitted by applicable law, Harber Media shall not be liable for indirect, incidental, special, exemplary, consequential, or lost-profit damages arising from the use or inability to use the Licensed Media.

Nothing in this Agreement limits liability to the extent such limitation is prohibited by applicable law.

15. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.

Any legal proceeding arising from this Agreement shall be brought in a court of competent jurisdiction in the county in which Harber Media maintains its principal place of business, unless otherwise required by applicable law.

16. Severability

If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

17. No Waiver

Harber Media’s failure to enforce any provision of this Agreement on one occasion shall not constitute a waiver of that provision or of Harber Media’s right to enforce it in the future.

18. Entire Agreement

This Agreement, together with the applicable order, booking confirmation, invoice, and any other written terms expressly incorporated into the transaction, constitutes the agreement between Harber Media and Licensee regarding the licensing and use of the Licensed Media.

This Agreement supersedes prior oral or written understandings concerning the licensing of the Licensed Media to the extent those understandings conflict with this Agreement.

Any modification to the licensing rights granted under this Agreement must be agreed to in writing by Harber Media.

19. Electronic Acceptance

This Agreement may be accepted electronically in connection with Licensee’s booking, order, account registration, or other electronic transaction with Harber Media.

By accepting the applicable booking terms, submitting an order, or otherwise affirmatively agreeing to this Agreement through Harber Media’s booking system, Licensee acknowledges that Licensee has reviewed and agreed to be bound by its terms.

Electronic acceptance shall have the same effect as written acceptance to the extent permitted by applicable law.

Contact Us

Questions about this Agreement can be sent to admin@harbermedia.com.