
TERMS AND CONDITIONS
By accepting these Terms and Conditions, the Client (hereafter "CLIENT") agrees as follows with Dave Horn Unlimited Photography (hereafter "DHUP"):
1. Copyright and Ownership
All photographs, videos, and related content produced by DHUP remain the sole and exclusive property of DHUP. DHUP retains full copyright and moral rights in all materials. No transfer of ownership is implied or granted.
2. Limited License to Use
Upon full payment, DHUP grants CLIENT a personal, non-exclusive, non-transferable, revocable license to use the images solely for marketing the specific property for which the images were created. This license terminates automatically upon the sale, lease, or withdrawal of the property from the market.
3. Non-Transferability
CLIENT may not sell, sublicense, assign, or transfer the license or images to any third party, including but not limited to other agents, brokers, homeowners, buyers, stagers, architects, designers, or builders without prior written permission from DHUP.
4. Homeowner Use
A listing homeowner may receive copies for personal, non-commercial use only. They may not transfer or reuse the images for future listings or other commercial purposes.
5. No Goodwill or Brand Transfer
CLIENT acknowledges that this license does not convey or transfer any portion of DHUP’s business goodwill, reputation, client lists, or branding. DHUP retains all rights to its name, trade dress, and business identity. CLIENT acquires no right to represent any association with DHUP beyond the limited license.
6. Promotion Rights
DHUP retains the right to use all images and videos for its own promotional, portfolio, advertising, or marketing purposes worldwide.
7. Use Restrictions
CLIENT must not alter, edit, or manipulate images in a way that misrepresents DHUP’s work without prior written consent.
8. Payment
No usage is permitted until full payment is received. Payment is due within 72 hours of invoice. A late fee of 10% applies to overdue invoices. A 3% processing fee applies to card, Venmo, or PayPal payments. Additional administrative fees may apply for debt collection.
9. Suspension of Service
DHUP may suspend delivery or distribution of images if CLIENT’s account is overdue. DHUP reserves the right to inform third parties affected by such suspension.
10. Indemnification
CLIENT agrees to indemnify and hold harmless DHUP against any claims, damages, or expenses resulting from unauthorized use of images or from failure to obtain necessary releases.
11. Limitation of Liability
DHUP shall not be liable for indirect, incidental, or consequential damages arising from use or inability to use images.
12. Governing Law
This Agreement is governed by the laws of the State of California.
13. Entire Agreement
These Terms contain the entire agreement between CLIENT and DHUP. No amendment is valid unless made in writing and signed by both parties.
14. Attorney Fees
In any dispute to enforce these Terms, the prevailing party shall be entitled to recover reasonable attorney fees and costs.
By accepting these Terms, CLIENT acknowledges understanding and agreement to all provisions above.