TERMS OF SERVICE

An overview of some key items in our service agreement

Full Service Agreement is listed below

ACCEPTANCE OF TERMS:

By paying for services and downloading media files from Real Estate Marketing Pro or its affiliated platforms, including HDPhotoHub, Client acknowledges that they have read, understood, and agree to be bound by this Service Agreement in its entirety. No separate written signature is required. Payment for services and download of media constitutes full acceptance of these terms.

OWNERSHIP OF MEDIA:

RG Productions LLC dba Real Estate Marketing Pro retains copyright ownership of all media captured and created. Clients are licensed to use the media for all marketing needs. Media may not be sold to third parties without written approval from Service Provider.

Service Provider uses captured media for advertising on its website and social media. If a client needs an address hidden in published media, this can be accommodated. If a client transfers content to another party, Service Provider must be notified. Matterport 3D Tours require payment of a hosting fee, either monthly or yearly. Tours may be transferred to other parties provided those parties continue paying the hosting fee. If the hosting fee is not paid, the tour will no longer be accessible.

SATISFACTION GUARANTEE:

Every shoot is backed by a 100% satisfaction guarantee. If the Client is not completely satisfied with the media delivered, the Client may elect not to use the media and will owe no payment for that session. In this case, Service Provider retains all rights to and ownership of the media. This guarantee may not be invoked after media has been used for any marketing purpose.

CANCELLATION POLICY:

When you schedule services, you are reserving a valuable time slot that will not be available to others. When you cancel or reschedule your photo shoot, Service Provider must compensate the photographer for that reserve time if it falls within the cancellation window outlined below. As soon as you become aware that the property is not ready as scheduled, call 917-705-9181 or email hello@realestatemarketing.pro so the photographer can be notified and the appointment can be rescheduled.

Tuesday through Saturday Appointments. If you cancel or reschedule less than 24 hours before the photo shoot or scan, you agree to pay a $75 fee for photography or Matterport scanning appointments. If the slot can be replaced, the fee is waived.

Monday Appointments. If you cancel or reschedule a Monday appointment after 2:00 PM on the prior Saturday, you agree to pay a $75 fee for the photography or Matterport scanning appointment. If the slot can be replaced, the fee is waived.

Unable to Shoot or Scan Fee. If the photographer arrives at the property and cannot access it, or it is not ready to photograph or scan, you agree to pay a $75 fee plus any applicable travel charges.

PAYMENT OF INVOICE:

All services require payment at the time of ordering. Payments are made electronically on realestatemarketing.pro. Pay at Close is available through Titus for qualifying clients. Services are non-tangible electronic assets and are not taxable.

SITE PREPARATION:

Customer is required to prepare the Service Location in advance of Capture Services, including:

• Removing confidential or unwanted items

• Removing hazards to the photographer's safety on site prior to the shoot

• Adjusting furniture and decor to desired position

• Ensuring children are supervised and out of the camera's view, ideally away from the property during the shoot

• Informing Service Provider of any rooms or areas to be excluded

• Containing or removing pets from the property for the session

Even a friendly dog can become aggressive when someone enters its domain. The photographer reserves the right to terminate the shoot if they feel threatened in any way. The photographer will take reasonable steps to keep pets inside but is not responsible for pets that escape during the session. Real Estate Marketing Pro is not responsible for any cleaning, dusting, or moving of furniture due to liability reasons.

The photographer will adjust only the following at their discretion:

• Blinds

• Lighting

• Small objects that affect the quality of the scan or shoot

• Doors, to ensure the tour can move through the house properly

Unless otherwise arranged, a Service Location that has not been properly prepared, in Service Provider's sole discretion, will be considered unready and the date of Capture Service must be rescheduled. Service Provider is not responsible for the untidiness of any Service Location or for small alignment issues, mirror, window, glass, or reflective views. The Service Location must be accessible for the length of the appointment. Customer or their representative may be present at the time of Capture Services. A client preparation guide is available at realestatemarketing.pro.

WEATHER POLICY:

Service Provider is prepared to shoot in most weather conditions. Sellers often spend considerable time preparing the home, so at minimum interiors can be completed. If it is not raining hard, front and rear exterior shots can often still be captured. If, in the photographer's opinion, the shoot or scan cannot be completed due to inclement weather or adverse conditions, the photographer reserves the right to reschedule at the earliest convenience. The client may accept the reschedule date or receive a refund of any fees paid within thirty (30) days. Drone photography is weather-dependent. If conditions are unsafe, the photographer may reschedule the shoot and no cancellation fee will be charged.

Full Service Agreement

Real Estate Marketing Pro's Service Agreement.

By ordering services from RG Productions LLC dba Real Estate Marketing Pro, you agree to the following Service Agreement for Digital and Aerial Imagery, Marketing Media, and 3D Tour Products. These terms are subject to change without notice. RG Productions LLC dba Real Estate Marketing Pro is an independent contractor and not an employee of the Client.

1. DESCRIPTION OF SERVICES.

1.1 Overview of Services.

RG Productions LLC dba Real Estate Marketing Pro, also referred to in these terms as Service Provider, will provide to the Customer or Client the following services (collectively, the 3D Services), but only those services the client has ordered and is paying for as separate services:

• Matterport 3D Space(s)

• Zillow 3D Home Tour(s)

• Virtual Reality Space(s)

• Aerial Drone Video(s)

• Aerial Drone Photo(s)

• 2D Floor Plan(s)

• 3D Floor Plan(s)

• Digital Photograph(s)

• Single Property Website(s)

• Property Marketing Kits

A Matterport Space is a 3D model hosted on the platform of Matterport, Inc. that includes Inside mode, Dollhouse mode, Floor Plan mode, Matterport Highlight Reel, Guided Tour, Mattertag Posts, property description, address, and contact information. It can be shared via URL or embed code.

Additional Matterport Paid Services:

• Matterport Core VR Experience (Android and iOS)

• Matterport 2D Schematic Floor Plan

• Matterport Fly Through Video

• Matterport Hosting

• Revisit, Redo, or Updating Space

All other services are described in section 1.2.

1.2 Delivery of Services.

Delivery of services can vary between next day and several weeks depending on what is ordered.

1.2.1 Hosting Term.

Service Provider agrees to process and host the created Matterport Space(s) on the Matterport platform provided the hosting fee is paid by the client, either monthly or yearly. If the hosting fee is not paid, the model may be removed from the server. In most cases this is a permanent deletion and the client will need to pay full price to return to the property and recapture it.

1.2.2 Service Location Preparation.

Customer is required to prepare the Service Location in advance of Capture Services, including:

• Removing confidential or unwanted items

• Removing hazards to the photographer's safety on site prior to the shoot

• Adjusting furniture and decor to desired position

• Ensuring children are supervised and out of the camera's view

• Informing Service Provider of any rooms or areas to be excluded from Capture Services

• Ensuring the Service Location is free of moving persons, pets, or objects. Pets are to be contained or removed from the property for the session

The photographer will adjust only the following at their discretion:

• Blinds

• Lighting

• Small objects that affect the quality of the scan or shoot

• Doors, to ensure the tour can move through the house properly

Unless otherwise arranged, a Service Location that has not been properly prepared, in Service Provider's sole discretion, will be considered unready and the date of Capture Service must be rescheduled. Service Provider is not responsible for the untidiness of any Service Location or for small alignment issues, mirror, window, glass, or reflective views. The Service Location must be accessible on the day of Capture Service for the length of the appointment. Customer or their representative may be present at the time of Capture Services. All clients are provided with a client preparation guide, also available at realestatemarketing.pro.

1.2.3 Zillow 3D Home Tours.

Zillow 3D Home Tours are delivered through Zillow's platform and are subject to Zillow's terms of service. Delivery timelines for Zillow products depend on third-party processing and are beyond Service Provider's control. Service Provider is not responsible for Zillow platform outages, changes to Zillow's products or policies, removal of tours by Zillow, or any interruption to Zillow-hosted content.

Zillow Showcase eligibility requires professional photography, a Zillow 3D Home tour, and an interactive floor plan. Service Provider delivers the required media components but cannot guarantee Showcase status, as eligibility and approval are determined solely by Zillow.

1.2.7 Cooperation.

Customer will cooperate in a reasonable and timely manner in connection with Service Provider's performance of Capture Services and provision of 3D Services.

2. FEES AND PAYMENT; CANCELLATION AND RESCHEDULING POLICY.

2.2.1 Fees.

Customer agrees to pay Service Provider the total fees provided in the pricing guide. If no pricing guide has been provided, Customer agrees to pay the price listed on the booking site for the 3D Services and Capture Services ordered. Such fees will be itemized in a separate invoice or order document provided to Customer.

2.2.2 Deposits.

Deposits on future shoots may be required when a client has been notified of a previous lack of payment. A non-refundable electronic deposit of $125 may be required, which will be subtracted from the total payment owed upon completion of Capture Services.

2.2.3 Invoice and Payment of Balance Due.

Following completion of Capture Services, Customer shall pay Service Provider via credit card, company check, Apple Pay, Android Pay, or Square invoice. Customer shall make all payments in US Dollars. In the event Customer fails to pay any amount when due, without limiting any other remedies available to Service Provider: (a) Customer will pay interest on the overdue amount at the lesser of 1% per month or the highest rate permitted under applicable law; and (b) Service Provider will have the right to suspend providing Media Services until the overdue amount is received.

2.2.4 Cancellation and Rescheduling.

When you schedule services, you are reserving a valuable time slot that will not be available to others. When you cancel or reschedule, Service Provider must compensate the photographer for that reserve time if it falls within the cancellation window outlined below. As soon as you become aware that the property is not ready as scheduled, call 917-705-9181 or email hello@realestatemarketing.pro so the photographer can be notified and the appointment can be rescheduled.

2.2.5 Taxes.

Real Estate Marketing Pro provides non-tangible electronic assets that are not taxable.

2.2.6 Weather.

Service Provider is prepared to shoot in most weather conditions. At minimum, interiors can be completed. If it is not raining hard, front and rear exterior shots can often still be captured. If, in the photographer's opinion, the shoot or scan cannot be completed due to inclement weather or adverse conditions, the photographer reserves the right to reschedule at the earliest convenience. The client may accept the reschedule date or receive a refund of any fees paid within thirty (30) days. Drone photography is weather-dependent. If conditions are unsafe, the photographer may reschedule the shoot and no cancellation fee will be charged.

2.2.7 Pay at Close.

Pay at Close is available through Titus for qualifying clients. Under Pay at Close, clients pay $0 upfront and payment is due when the listing sells or within six months, whichever comes first. There is no impact to credit score. Rates start at 0%. For rate estimates and qualification details, visit www.gotitus.com/estimate/real-estate-marketing-pro.

3. PROPRIETARY RIGHTS AND LICENSES.

3.2.1 Ownership.

Service Provider and its licensors own all right, title, and interest, including all associated intellectual property rights, in and to: (a) all 3D Services and any technology embodied therein; and (b) all look and feel, improvements, updates, modifications, translations, copies, compilations, and derivative works related to the foregoing. All rights not expressly granted to Customer are reserved by Service Provider and its licensors. Customer shall make no use of the foregoing except as expressly provided in this Agreement. Subject to Section 3.4, Service Provider may use and distribute any 3D Services in its sole discretion.

RG Productions LLC retains copyright ownership of all photographs and media created. Clients are licensed to use the media for all marketing needs. Media may not be sold to third parties without written approval from Service Provider.

3.2.2 License to Customer.

Service Provider grants Customer a nonexclusive, non-transferable, non-sublicensable license, during the Term, to: (a) use and distribute URLs and embed codes linking to the Matterport Space(s), including any associated Guided Tours and Core VR Experience if ordered, hosted on the Matterport Platform; and (b) use and distribute Matterport Snapshots and Matterport 2D Schematic Floor Plans if ordered.

3.2.3 Restrictions.

Upon any expiration or termination of this Agreement, Customer shall immediately cease all use of the 3D Services on non-current properties and delete all copies of the 3D Services in Customer's possession or control. Customer shall not: (i) disable or modify any hyperlinks contained in any 3D Services; (ii) alter, remove, or destroy any attribution, proprietary markings, or confidential legends placed upon or contained within the 3D Services; (iii) decompile, disassemble, decrypt, extract, reverse engineer, or otherwise attempt to derive the source code of any software underlying the 3D Services; (iv) distribute, in conjunction with any 3D Services, any content that contains or promotes fraudulent, deceptive, or illegal activities, pornography, excessive violence, hate speech, malicious code, or deceptive advertising; (v) access or use any API provided by Matterport without prior written authorization, or otherwise access Matterport Spaces through any means other than available end-user functionality; or (vi) modify or create any derivative work based on the 3D Services.

3.2.4 Takedown Service.

During the Term, Customer may request at any time that Service Provider designate any Matterport Space or other hosted 3D Service as public or private. Any 3D Service designated as private will be inaccessible and unviewable by the public. Service Provider will promptly comply with such requests.

4. SATISFACTION GUARANTEE.

5. NO AFFILIATION WITH MATTERPORT.

Customer acknowledges that: (a) Service Provider is an independent provider of Capture Services and is not a contractor, employee, or agent of Matterport; and (b) Service Provider is making the 3D Services available to Customer under a license between Matterport and Service Provider.

6. WARRANTY; DISCLAIMER.

Service Provider represents that it shall perform its obligations under this Agreement in a timely and workmanlike manner, consistent with generally acceptable industry standards. In the event of any breach of the foregoing warranty, as Customer's sole and exclusive remedy, Service Provider shall use commercially reasonable efforts to re-perform its obligations promptly in a manner that cures such breach.

EXCEPT FOR THE FOREGOING WARRANTY AND THE SATISFACTION GUARANTEE IN SECTION 4, THE 3D SERVICES AND CAPTURE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED. SERVICE PROVIDER DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES AND LICENSORS, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SERVICE PROVIDER DOES NOT REPRESENT OR WARRANT THAT 3D SERVICES OR CAPTURE SERVICES WILL MEET CUSTOMER'S NEEDS, THAT THEY WILL BE ACCURATE OR RELIABLE, THAT USE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. SERVICE PROVIDER MAKES NO REPRESENTATION REGARDING: (A) THE APPROPRIATENESS OF THE 3D SERVICES FOR USE IN FOREIGN JURISDICTIONS; OR (B) THE TIMING OF 3D SERVICES PROVIDED. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing may not apply. Nothing in this Agreement disclaims any implied warranty that cannot be disclaimed under applicable law.

7. INDEMNIFICATION.

Customer, at Customer's own expense, will indemnify, defend, and hold harmless Service Provider, its corporate affiliates and licensors, and their respective officers, directors, employees, representatives, and agents (each a Service Provider Indemnity) from and against any claim, demand, action, class action, investigation, or other proceeding, including all damages, losses, liabilities, judgments, costs, and expenses (including reasonable attorneys' fees) arising therefrom (each a Claim), brought by any third party against a Service Provider Indemnity to the extent such Claim is based on or arises out of: (a) a breach, or potential breach, of any of Customer's obligations under this Agreement; (b) Customer's use of the 3D Services; (c) any allegation that Customer has not obtained all consents, approvals, licenses, and permissions necessary to access a Service Location and capture imagery of such Service Location; or (d) any alleged or actual fraud, gross negligence, or willful misconduct of Customer or Customer's subcontractors or agents.

In the event of a claim, the Service Provider Indemnity will promptly notify Customer in writing, cooperate with Customer in defending or settling the claim at Customer's expense, and allow Customer to control the defense and settlement, including the selection of attorneys; provided, however, that Customer shall not settle any claim unless such settlement completely and forever releases the Service Provider Indemnity from all liability with respect to such claim, or unless the Service Provider Indemnity consents to such settlement in writing.

8. LIMITATION OF LIABILITY.

EXCEPT IN CONNECTION WITH EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, CUSTOMER'S BREACH OF SECTION 3, OR A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT: (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY, ITS AFFILIATES, OR LICENSORS SHALL BE LIABLE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; AND (b) IN NO EVENT SHALL THE TOTAL LIABILITY OF EITHER PARTY, ITS AFFILIATES, OR LICENSORS UNDER THIS AGREEMENT EXCEED THE TOTAL FEES PAID OR PAYABLE TO SERVICE PROVIDER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CAUSE OF ACTION AROSE.

NEITHER SERVICE PROVIDER NOR MATTERPORT SHALL BE RESPONSIBLE OR LIABLE FOR ANY PERSONAL OR CONFIDENTIAL INFORMATION CAPTURED OR DISPLAYED IN ANY 3D SERVICE. CUSTOMER IS RESPONSIBLE FOR PREPARATION OF EACH SERVICE LOCATION AND WILL BE SOLELY RESPONSIBLE FOR ANY OBJECTS OR PEOPLE DISPLAYED IN ANY 3D SERVICES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply. Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law.

9. TERM, TERMINATION, AND EFFECT OF TERMINATION.

9.1 Term.

This Agreement will take effect on the Effective Date and, unless earlier terminated in accordance with this Agreement, will remain in effect until all Capture Services and 3D Services have been completed (Term).

9.2 Termination for Breach or Bankruptcy.

Either Party may terminate this Agreement immediately by written notice upon: (a) the other Party's material breach that remains uncured for thirty (30) days following written notice; or (b) the other Party's insolvency, bankruptcy, or property becoming subject to levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.

9.3 Effect of Termination.

Upon expiration or termination of this Agreement for any reason: (a) Customer will immediately cease all access to and use of all 3D Services, and the license granted to Customer with respect to the 3D Services shall immediately terminate; (b) unless Customer is terminating for cause, Customer shall, within thirty (30) days, pay Service Provider all amounts then accrued and payable; (c) unless Service Provider is terminating for cause, Service Provider shall, within thirty (30) days, refund to Customer the amount of any unused fees prepaid by Customer; and (d) Sections 3.2.1, 3.2.3, 6, 7, 8, 9.3, and 11 shall survive termination.

Neither party will be liable for exercising any termination right in accordance with this Agreement. Except as expressly provided, expiration or termination shall not release either party from any liability or obligation that had already accrued, and shall not constitute a waiver or release of any rights, remedies, or claims, whether for damages, injunctive relief, or otherwise.

10. FORCE MAJEURE.

Neither party shall be liable to the other for any default or delay in the performance of any of its obligations under this Agreement, other than a failure to pay fees when due, if such default or delay is caused, directly or indirectly, by any cause beyond such party's reasonable control (each a Force Majeure Event); provided, however, that the affected party shall provide the other party with prompt written notice and use commercially reasonable efforts to minimize the effect. If performance is prevented by a Force Majeure Event for more than thirty (30) days, the other party may terminate this Agreement without liability and receive a refund of any unused prepaid fees.

11. MISCELLANEOUS.

Customer shall comply with all applicable laws and regulations relating to Customer's use, display, and distribution of all services. Any attempt by either party to assign other than in accordance with this provision shall be null and void. Unless otherwise specified, all notices, invoices, and other communications required or permitted under this Agreement shall be in writing and delivered personally or sent by email or overnight courier to the intended recipient at such address provided by a party; provided, however, that any notices regarding breach or termination of this Agreement shall only be given by overnight courier.

The parties acknowledge that the relationship of the parties is that of independent contractors and that nothing in this Agreement shall be construed to place the parties in the relationship of principal and agent, partners, or joint ventures. No amendment shall be effective unless set forth in a writing signed by a representative of Service Provider and Customer, and then only to the extent specifically set forth therein. No waiver by either party of any condition or breach of any provision in any one or more instances shall be deemed a further or continuing waiver of the same or any other condition or provision.

This Agreement shall be governed by the laws of Indiana, without regard to its conflict of law rules. Any claims or litigation arising under this Agreement will be brought solely in state and federal courts located in Indiana, USA. The prevailing party in any legal action shall be entitled to reimbursement of expenses and reasonable attorneys' fees, in addition to any other relief to which such party may be entitled.

This Agreement embodies the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, discussions, agreements, and understandings. If any term of this Agreement not essential to the commercial purpose of this Agreement is held to be illegal, invalid, or unenforceable, the remaining terms shall remain in full force and effect. Service Provider will have the right to refer to Customer's name in lists of Service Provider's customers. This Agreement may be executed in any number of counterparts, each of which will be deemed an original. A signature received via facsimile or electronically via email shall be as legally binding as an original signature.

12. ILLEGAL ACTIVITY.

If a 3D tour is used by anyone to acquire the layout of a business, residence, or any other scanned or recorded property for illegal purposes, RG Productions LLC dba Real Estate Marketing Pro will not be held liable for any action or theft resulting from the 3D model. These models are posted online and to the MLS and other outlets by the Client and Real Estate Marketing Pro for use in marketing the property and the services provided. The client or owner of the property may submit a request for the shutdown of the model as set forth in Section 3.2.4 Takedown Service above. Service Provider is scanning and publishing the model at the request of the owner or client who has been authorized as the Realtor to market the property, clearing RG Productions LLC dba Real Estate Marketing Pro to scan and post the property as outlined in this Agreement.

By doing business with RG Productions LLC dba Real Estate Marketing Pro, you (the Client or Customer) have caused this Agreement to be executed by its duly authorized agent as of the effective date of hire or future dates of hire.