Terms of Service

Scope of this Agreement: This Agreement applies to any photograph, graphics, digital assets, or digital images created or taken by DragonFly 360 Imaging. 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 DragonFly 360 Imaging. This license provides the client with the limited permission to reproduce, publicly display, and distribute the Photos only for promotional or advertising purposes directly related to the sale of the scheduled property and the promotion of the agent. Photos used for any purpose not directly related to the sale of the property or the promotion of the agent must be with the express permission of DragonFly 360 Imaging and the payment of additional fees.

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 DragonFly 360 Imaging 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 DragonFly 360 Imaging for any penalties and awards available under the statute.

Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, any grant of license 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 requires DragonFly 360 Imaging’s permission and additional fees. Licenses are assigned to the Client immediately upon delivery of the Photos.

Relationship of the Parties: The parties agree that DragonFly 360 Imaging is an independent contractor, and that neither DragonFly 360 Imaging 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. DragonFly 360 Imaging and the Photos or any other deliverables prepared by DragonFly 360 Imaging 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 DragonFly 360 Imaging and the Client has no right to control DragonFly 360 Imaging manner and method of performance under this Agreement. DragonFly 360 Imaging will use his/her best efforts to ensure that the Photos conform to Client’s specifications.

Delivery: DragonFly 360 Imaging may select delivery of photographs in JPEG at a resolution that DragonFly 360 Imaging 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 DragonFly 360 Imaging within five (5) business days. DragonFly 360 Imaging’s sole obligation will be to replace the photos at a suitable resolution but in no event will DragonFly 360 Imaging be liable for poor reproduction quality, delays, or consequential damages.

DragonFly 360 Imaging 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 thirty (30) days all rights and permissions are revoked at DragonFly 360 Imaging’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 DragonFly 360 Imaging with written statement that all images have been removed and destroyed.

If the Client sends payment past the thirty (30) days, DragonFly 360 Imaging reserves the right to charge a 5% finance charge for every thirty (30) days past the due date.

If the Client retains images past thirty (30) days without paying the full amount and does not remove and destroy all forms of media, DragonFly 360 Imaging will pursue all parties with legal action for the infringement of copyright. All images and services are initially licensed at a subsided single usage rate. Image infringement, copyright, and ownership transfer price ranges based on image, circulation, and usage.

Cancellation: If client cancellation of this Agreement occurs within 12 hours of the appointment, DragonFly 360 Imaging reserved the right to charge the client 100% of the scheduled shoot.

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 DragonFly 360 Imaging, and DragonFly 360 Imaging shall be entitled to offer and provide services to others, solicit other clients and otherwise advertise the services offered by DragonFly 360 Imaging.

Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. Photos may not be given, shared, sold, donated, or otherwise provided to parties not included in the Agreement, including but not limited to other real estate agents, marketing teams, stagers, builders, contractors, or otherwise. Photos may be kept by the home owner for strict personal use only, not for any business they may own or operate. 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. If the Client has an issue with a detail in the invoice, the Client must contact DragonFly 360 Imaging within five (5) business days to correct it.

Indemnification: Client will indemnify and defend DragonFly 360 Imaging against all claims, liability, damages, costs, and expenses, including 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 and ensure they are in 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 New Mexico. Any claim or litigation arising out of this agreement or its performance may be maintained only in courts physically located in New Mexico, 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 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.

This agreement is final and binding and between DragonFly 360 Imaging and the listing agent or agency that scheduled the services online by agreeing to terms and conditions.

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