Terms & Conditions

DBRE Photography · A division of DeJean Brown Photography · Effective August 29, 2026 · Version 1.0

These Terms & Conditions govern all real estate and architectural photography, aerial, video, floor plan, and related media services provided by DBRE Photography ("Photographer") to the person or entity named on the invoice, quote, or booking confirmation ("Client").

By booking a session, paying a deposit or invoice, or granting access to a property for a scheduled shoot, the Client agrees to these Terms.

1. Definitions

Photographer — DBRE Photography, a division of DeJean Brown Photography, and DeJean Brown individually.

Client — the party named on the invoice, quote, or booking confirmation.

Licensee — the individual real estate agent identified as Licensee on the invoice. Where no separate Licensee is identified, the Licensee is the individual agent named as Client.

Property — the specific address photographed under a given booking.

Images — all photographs, aerial stills, video, floor plans, virtual tours, and other media captured or produced by the Photographer under a given booking, in any form, including proofs, unedited captures, and final delivered files.

Listing Period — the period during which the Licensee is the listing agent of record for the Property under a valid listing agreement.

2. Booking and payment

2.1 Bookings are confirmed on receipt of a completed booking request and, where applicable, a deposit. Dates are held on a first-confirmed basis.

2.2 Payment is due in full prior to delivery of final files unless written Net terms have been agreed in advance. Organizational accounts on approved terms are Net 30 from the invoice date, with a late charge of 1.5% per month on past-due balances.

2.3 No license until paid. No license of any kind is granted until the invoice for the applicable booking is paid in full. Any Images viewed, downloaded, or otherwise obtained before payment clears are provided for review purposes only and are not licensed for publication, MLS entry, syndication, or any other use. Use of unpaid Images is unlicensed use under Section 7.

2.4 A payment made by a brokerage, team, marketing coordinator, transaction coordinator, seller, or any other party on the Licensee's behalf discharges the invoice only. It does not make the paying party a Licensee, does not grant that party any right to use the Images, and does not extend, transfer, or enlarge the license granted in Section 5.

3. Access, permissions, and property condition

3.1 Authority. The Client warrants that it has full authority to have the Property photographed, including any consent required from the property owner, occupants, homeowners association, building management, or listing brokerage. The Photographer relies on this warranty and is not responsible for verifying it.

3.2 Preparation. The Property should be photo-ready at the scheduled start time — lights on, blinds set, vehicles moved, trash and personal effects put away, pets secured. The Photographer will make light adjustments on set (straightening, minor repositioning of small items) as a courtesy but does not stage, clean, declutter, or move furniture, and is not responsible for the condition of the Property as photographed.

3.3 Access failure. If the Photographer arrives and cannot access the Property, or the Property is not reasonably ready and the shoot cannot proceed, a trip fee of $50 applies and the session must be rebooked.

3.4 Occupied properties. Where a property is occupied, the Client is responsible for notifying occupants that photography is taking place. Personal photographs, documents, and identifying items visible in frame are the Client's responsibility to remove before the session; the Photographer is not responsible for their appearance in delivered Images.

3.5 Artwork and third-party material. Artwork, murals, signage, branded goods, and other copyrighted material appearing in the Property remain the property of their owners. The Client is responsible for any consent required for their reproduction.

3.6 Aerial. Aerial work is flown under FAA Part 107 and is subject to airspace authorization, weather, and site conditions. Where flight is not lawful or safe on the scheduled date, the aerial portion will be rescheduled or removed from the invoice. Restricted airspace and denied authorizations are not a basis for a refund of the ground portion of the session.

3.7 Weather. Exterior, twilight, and aerial work may be rescheduled by the Photographer for weather or light conditions. Interior work proceeds as scheduled. Blue-sky replacement is available on request.

4. Delivery

4.1 Standard photography. Standard listing photography — interior and exterior stills — is delivered by online gallery within 1 business day of the session, or within 12 hours where rush delivery is booked. Turnaround runs from the session date or the date of payment, whichever is later.

4.2 Produced deliverables. Virtual staging, twilight and day-to-dusk images, 3D tours, floor plans, and video are delivered on completion of production. These are produced separately from the standard photography set and are not subject to the turnaround in Section 4.1. Where a production timeframe is quoted at booking, that timeframe governs.

4.3 The Photographer selects and delivers the final edited set. The full unculled capture, RAW files, and project files are not delivered and are not licensed.

4.4 Standard editing includes exposure, color, verticals, and window balance. Retouching beyond standard editing — object removal, decluttering, seasonal grass replacement, virtual staging, day-to-dusk conversion — is available as an add-on and is not included in the base session.

4.5 Delivery galleries remain available for 90 days from delivery. After that window, the Photographer will restore access at no charge where the files are still held, subject to availability. Files are not archived indefinitely, and the Client is responsible for downloading and storing its own copies.

4.6 Gallery links are not transferable. The gallery link and download credentials are issued to the Licensee. Forwarding the link, the download, or the files to any party not licensed under Section 5 is a transfer of the Images and is governed by Section 6.

5. License grant

5.1 Who is licensed. Subject to payment in full, the Photographer grants to the Licensee individually — and to no other person or entity — a non-exclusive, non-transferable, non-sublicensable license to use the Images as set out below. The license is personal to the named Licensee.

5.2 What is licensed. During the Listing Period, the Licensee may use the Images to market the Property, including:

• entry into the MLS, and the standard automated syndication that follows from that entry (including consumer portals such as Zillow, Redfin, and Realtor.com);
• the Licensee's own website, agent profile pages, social media, email marketing, and newsletters;
• the listing page for the Property hosted by the Licensee's brokerage;
• printed collateral for the Property — flyers, brochures, postcards, mailers, signage, and open house materials;
• paid promotion of the Property placed by the Licensee, including boosted social posts and portal advertising, where the advertisement promotes this Property and identifies the Licensee.

5.3 Term. The license begins on payment in full and ends on the earliest of: close of escrow on the Property; expiration, withdrawal, cancellation, or termination of the listing; or the Licensee ceasing to be the listing agent of record.

5.4 Portfolio use after the listing ends. The Licensee may continue to display the Images in the Licensee's own portfolio, "sold" and "just sold" posts, personal marketing, and track-record materials after the listing ends. This surviving right does not permit re-marketing of the Property, and does not extend to any other party.

5.5 What is not licensed. The following require a separate written license from the Photographer, and are not covered by any payment made for the session:

• the Client's brokerage or team, for office marketing, recruitment, brand advertising, franchise materials, or any use not tied to this listing under this Licensee;
• the seller or property owner, for any purpose, including future sale, rental, refinancing, or personal use;
• the buyer or any subsequent owner;
• any subsequent listing agent if the Property returns to market, whether at the same brokerage or another;
• co-listing agents, team members, and referral partners not named as Licensee on the invoice;
• builders, developers, architects, designers, home stagers, contractors, and trades whose work appears in the Images;
• property managers and rental operators, including short-term rental platforms;
• publications, editorial outlets, advertising agencies, and stock libraries;
• resale, sublicensing, or transfer of the Images to any party;
• use of the Images as training data for machine learning or generative systems, and any derivative work generated from them.

5.6 Referrals. If any party requests the Images, the Licensee will decline and refer them to the Photographer at [email protected]. Licensing a third party is a service the Photographer provides; it is not the Licensee's to grant.

5.7 MLS and brokerage requirements. The license in Section 5.2 covers submission to the MLS and the syndication that follows. It does not authorize the Licensee to assign copyright, grant the MLS or brokerage ownership of the Images, or warrant that the Licensee owns them. Where an MLS, brokerage, or portal agreement requires a broader grant or an ownership warranty, the Licensee must contact the Photographer before submitting the Images.

5.8 Copyright and integrity. Copyright in all Images is retained by the Photographer. The Licensee will not remove or alter embedded copyright metadata, will not crop, filter, composite, or alter the Images in a way that materially changes what they depict, and will not present altered Images as unaltered. Virtual staging, item removal, and day-to-dusk conversions must be disclosed in accordance with applicable MLS rules; the Licensee is responsible for that disclosure.

5.9 Re-listing. If the Property returns to market and the Licensee is again the listing agent, the license may be reinstated for the new Listing Period at a re-listing fee of $150. If a different agent takes the listing, that agent must license the Images directly.

6. Third-party use

6.1 The Licensee is responsible for the Images once delivered. Where the Licensee provides Images — or gallery access — to a party not licensed under Section 5, the Licensee is responsible for that party's use as if it were the Licensee's own.

6.2 The Photographer does not treat innocent forwarding differently from deliberate transfer. The correct answer to any request for the Images is a referral under Section 5.6.

7. Unauthorized use

7.1 Use of the Images by any party other than the Licensee, use outside the scope of Section 5.2, or use after the license has ended is unlicensed use and an infringement of copyright.

7.2 Unlicensed use is invoiced at three times the Photographer's then-current rate for the applicable use, per image, per placement, subject to a minimum of $300 per image per placement. This charge is in addition to, and not in place of, any other remedy.

7.3 The Photographer may require removal of unlicensed Images and may issue takedown notices to portals, platforms, and hosts under the Digital Millennium Copyright Act.

7.4 The Photographer registers its work with the United States Copyright Office and reserves all remedies available under the Copyright Act, including statutory damages and attorneys' fees.

7.5 Where the Photographer incurs costs in identifying, pursuing, or resolving unlicensed use, those costs — including collection and legal costs — are recoverable from the responsible party.

8. Additional licenses

The following are available at the Photographer's then-current rates. Each is a written license naming the additional party.

9. Cancellation and rescheduling

9.1 Cancellation or rescheduling 24 hours or more before the scheduled start time: no charge.

9.2 Cancellation, rescheduling, or access failure inside 24 hours: trip fee of $50.

9.3 The Photographer may reschedule for weather, airspace, safety, equipment failure, or illness. Where the Photographer cannot deliver, any amounts paid for the undelivered work are refunded.

10. Liability

10.1 The Photographer carries general liability insurance. Certificates are available on request.

10.2 The Photographer's total liability arising from any booking is limited to the amount paid by the Client for that booking. The Photographer is not liable for indirect or consequential loss, including lost sales, lost listings, delayed closings, or lost commission.

10.3 The Photographer is not responsible for the condition or presentation of the Property, for items visible in frame, or for the Client's compliance with MLS rules, advertising regulations, or fair housing requirements.

11. Indemnity

The Client indemnifies the Photographer against claims, losses, and costs arising from: the Client's warranty of authority under Section 3.1; use of the Images by any party the Client provided them to; and the Client's compliance obligations under Section 10.3.

12. General

12.1 The Photographer is an independent contractor. Nothing in these Terms creates employment, partnership, or agency.

12.2 These Terms are governed by the laws of the State of California. Venue is San Diego County.

12.3 If any provision is found unenforceable, the remainder stays in effect.

12.4 These Terms, together with the invoice, quote, or booking confirmation, are the entire agreement between the parties. Amendments must be in writing and signed by the Photographer.

12.5 These Terms are versioned and dated. The version in effect on the invoice date governs that booking.

Contact

DBRE Photography — a division of DeJean Brown Photography Vista, California [email protected] · 602-824-2706 dbrephotography.com

Headshot, personal branding, corporate, and event services are provided under DeJean Brown Photography and are governed by separate Terms & Conditions at dejeanbrown.com.