LAST UPDATED: 2023 NOVEMBER 6, 2:30PM

1. Scope These terms of service apply to any photograph, video, digital assets or digital images taken by Anthony Whittington Photography, LLC and delivered to the Client (collectively known as “Media”) for the property.

These terms of service govern the relationship between Anthony Whittington Photography, LLC and Client and in no event shall any e-mail communication or other exchange, amend or otherwise modify these terms unless agreed to by Anthony Whittington himself, or an authorized member of Anthony Whittington Photography, LLC.

2. Rights All Media and rights relating to them, including copyright and ownership rights in the Media in which the Media are stored, remain the sole and exclusive property of Anthony Whittington Photography, LLC.

This license provides the Client with the limited right to reproduce, publicly display and distribute the Media only for promotional or advertising purposes directly related to the sale of the Property. Media used for any purpose not directly related to the sale of the Property must be with the express permission an authorized member of Anthony Whittington Photography, LLC and the payment of additional fees, unless otherwise agreed to in writing.

Media may be uploaded to any listing service solely for promotion of the Property during the pendency of these terms of service. However, regardless of any terms of service of the listing services, at no time does this terms of service provide Client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106.

Media may contain copyright management information at the discretion of Anthony Whittington Photography, LLC in the form of either 1) a copyright notice and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to Anthony Whittington Photography, LLC for any penalties and awards available under the statute.

3. Relationship of the Parties The parties agree that Anthony Whittington Photography, LLC is an independent contractor and shall not be deemed to be an employee of the Client.

No agency, partnership, joint venture or employee-employer relationship is intended or created by these terms of services. Client is not authorized to act as agent or bind Anthony Whittington Photography, LLC.

Anthony Whittington Photography, LLC and the Media or any other deliverables prepared by Anthony Whittington Photography, LLC, its members, or its employees shall not be deemed a work for hire as defined under Copyright Law.

4. Creation The manner and method of creating any Media by Anthony Whittington Photography, LLC is solely at the discretion of Anthony Whittington Photography, LLC and the Client has no right to control Anthony Whittington Photography, LLC’s manner and method of performance under these terms of services.

Anthony Whittington Photography, LLC will use their best efforts to: (a) ensure that the Media conform to Client’s specifications; and (b) submit all Media to Client in publishable quality, on or before the applicable deadlines.

5. Fees All fees and expenses payable under these terms of service are due upon the delivery of the Media and payable irrespective of whether Client makes actual use of the Media. If full payment has not been received within ten (10) days all rights are revoked at Anthony Whittington Photography, LLC’s discretion. In the event rights are revoked, all Media in the possession of Client will be removed from all forms of media and permanently destroyed within ten (10) days.

6. Cancellation If Client cancels within six (6) hours, Client will pay any expenses incurred and a twenty five (25%) cancellation fee. For Client cancellations outside of six (6) hours of the Property shoot, Client is not responsible for any fees.

7. Transfer and Assignment Client may not assign or transfer these terms of service or any rights granted under it.

8. No Exclusivity These terms of service do not create an exclusive relationship between Anthony Whittington Photography, LLC and Client. Anthony Whittington Photography, LLC shall be entitled to offer and provide similar services to other clients, solicit other clients and otherwise advertise services.

9. Governing Law and Dispute Resolution These terms of service set forth the entire understanding of Anthony Whittington Photography, LLC and Client. These terms of service shall be governed and interpreted and enforced in accordance with the laws of the United States of America.

10. Severability If any term or other provision of these terms of service is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of these terms of service shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to Anthony Whittington Photography, LLC.