This Photographer Licensing Agreement (the “AGREEMENT”) is entered into effective this
date, (day Terms are agreed to) between Rachuig Photography and the client
of Rachuig Photography agreeing to the Terms (“CLIENT”). All references to the Client in
this Agreement shall include Client’s parent companies, affiliates, and subsidiaries.

Scope of this Agreement: This Agreement applies to any photograph, graphics, digital assets, or
digital images created or taken by the photographer and delivered to the Client (collectively known
as “PHOTOS”) for the property you are booking right now (“PROPERTY”). This Agreement
governs the relationship between the parties and in no event shall any e-mail communication or
other exchange, amend or otherwise modify the terms of this Agreement unless agreed to in
writing.

Rights: All Photos and rights relating to them, including copyright and ownership rights in the
media in which the Photos are stored, remain the sole and exclusive property of the
Photographer. This license provides the Client with the limited right to reproduce, publicly
display, and distribute the Photos only for promotional or advertising purposes directly related to
the sale of the Property as well as promoting yourself for the purpose of selling more houses.
Photos used for any purpose not directly related to the sale of the Property or marketing to
perspective clients must be with the express permission of Photographer and the payment of
additional fees, unless otherwise agreed to in writing.
Photos may be uploaded to any MLS listing service solely for promotion of the Property during
the pendency of this Agreement. However, regardless of any terms and conditions of the MLS, at
no time does this Agreement provide Client with the right to transfer copyright, or any other
exclusive rights as provided by the Copyright Act 17 U.S.C § 106. Photos may contain copyright
management information (CMI) at the discretion of the Photographer 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 the Photographer for any penalties and awards
available under the statute. Client is responsible for ensuring that the Photos are removed from
MLS databases at the expiration of this Agreement.
Unless otherwise specifically provided elsewhere in this document or other signed agreement
between the parties, any grant of rights is limited to a term of either one (1) year from the date of
this Agreement, or (2) at the termination of Client’s representation of the Property, whichever
occurs first. Further use of images beyond one (1) year requires Photographer’s permission and
additional fees. Rights are assigned to the Client immediately upon delivery of the Photos.

Relationship of the Parties: The parties agree that Photographer is an independent contractor,
and that neither Photographer, nor Photographer’s employees or contract personnel are, or shall
be deemed to be, employees of Client. No agency, partnership, joint venture, or employee/employer relationship is intended or created by this Agreement. Neither party is authorized to act
as agent or bind the other party except as expressly stated in this Agreement. Photographer and
the Photos or any other deliverables prepared by the Photographer shall not be deemed a work for
hire as defined under Copyright Law. All rights granted to Client are contractual in nature and
are expressly defined by this Agreement.

Creation: The manner and method of creating any Photographs is solely at the discretion of
the Photographer and the Client has no right to control the Photographer’s manner and method of
performance under this Agreement. Photographer will use his/her best efforts to: (a) ensure that
the Photos conform to Client’s specifications; and (b) submit all Photos to Client in publishable
quality, on or before the applicable deadlines.

Delivery: Photographer may select delivery of photographs in JPEG, TIFF, PNG, or other
standard format, at a resolution that Photographer determines will be suitable for the Photos as
licensed. It is the Client’s responsibility to verify that the Photos are suitable for reproduction and
that if the Photos are not deemed suitable, to notify the Photographer with five (5)business days.
Photographer’s sole obligation will be to replace the Photos at a suitable resolution but in no
event will Photographer be liable for poor reproduction quality, delays, or consequential
damages.
Unless otherwise specifically provided, Photographer is not responsible to provide digital images
1) larger than 8”x10” at 300 dpi or 2) in a format higher than 8-bit or in RAW format.
Photographer has no obligation to retain or archive any Photos delivered to Client.

Fees: All fees and expenses payable under this agreement are required no later than ten (10)
business days from the delivery of the Photos and payable irrespective of whether Client makes
actual use of the Photos. If full payment has not been received within fourteen (14) days all
rights are revoked at Photographer’s discretion. In the event rights are revoked, all images in the
possession of Client will be removed from all forms of media and permanently destroyed within
ten (10) days. Client shall provide Photographer with written statement that all images have been
removed and destroyed.

Cancellation: For Client cancellation within twelve (12) hours of the Property shoot, Client
is responsible for 50% of the fee and any expenses incurred.

No Exclusivity: This Agreement does not create an exclusive relationship between the parties.
Client is free to engage others to perform services of the same or similar nature to those provided
by Photographer, and Photographer shall be entitled to offer and provide design services to
others, solicit other clients and otherwise advertise the services offered by Photographer.

Transfer and Assignment: Client may not assign or transfer this agreement or any rights
granted under it. No amendment or waiver of any terms is binding unless in writing and signed
by the parties. However, the invoice may reflect, and Client is bound by authorizations that could
not be confirmed in writing because of insufficient time or other practical considerations.

Indemnification: Client will indemnify and defend Photographer against all claims, liability,
damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the
creation or any use of the Photos or materials furnished by Client. It is the Client’s responsibility
to obtain the necessary model or property releases are ensure they are full effect and in force.

General Law/Arbitration: This Agreement sets forth the entire understanding and agreement of
the parties, and supersedes any and all prior agreements between the parties. This Agreement
shall be governed and interpreted and enforced in accordance with the laws of the State of Texas.
Any claim or litigation arising out of this Agreement or its performance may be maintained only
in courts physically located in Dallas County, Texas, and the parties hereby consent to the
personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this
Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the
litigation. If parties are unable to resolve the dispute by negotiation, either party may start
mediation and/or binding arbitration in a forum mutually agreed to by the parties.

Severability: If one or more of the provisions contained in the Agreement is found to be invalid,
illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining
provisions shall not be affected. Such provisions shall be revised only to the extent necessary to
make them enforceable.

Waiver: No action of either party, other than express written waiver, may be construed to waive
any provision of this Agreement and a single or partial exercise by either party of any such rights
or remedies will not preclude further exercise of other rights or remedy.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE