Residential Real Estate Photo Packages

1. Top Shot Whirlybirds, LLC dba Top Shot Photos Ltd. exclusively owns and retains all worldwide rights, including copyright, in and to all photographs and images, in any form, including digital and print media it provides to Client. Client is granted a limited, non-transferrable license to use the photographs/images in digital or print form for any advertising or promotional purposes associated with Client's efforts to sell/lease or offer to sell/lease the property depicted in the photographs/images, such as use in a real estate listing, realtor advertisement of listings, a web-based virtual tour of the subject property, and the like. Once Client's involvement in the sale/lease or offer for sale/lease of the subject property terminates, then this license terminates and Client has no further license to use the photographs/images. Client does not have any right to transfer, sell or otherwise provide the photographs/images, or the limited license granted to Client, to any third party. If a third party desires to use the photographs/images, then the third party must first contact Top Shot Whirlybirds, LLC dba Top Shot Photos Ltd. to inquire about purchasing a license.

2. Consent to Use Recorded Content. The Releasing Party hereby consents and grants to Top Shot Whirlybirds, LLC, dba Top Shot Photos Ltd. having a business address at 10931 Keystone Fairway Drive, Houston, TX 77095 and its affiliates, contractors and agents the following unconditional, irrevocable, perpetual, worldwide, royalty-free, transferable, sub-licensable rights: (a) to photograph, video, film, tape and/or record the Releasing Party; and (b) to store, use, reproduce, prepare derivative works from, display, publish, perform, broadcast, sell, license and distribute the Releasing Party’s image, likeness, voice and name recorded in photographs, 3D models, virtual reality models, video clips, audio clips and related content (collectively, the Recorded Content) in any media throughout the world, for any purpose, including without limitation in the website(s), apps and other products and services of Service Provider and its licensors and assignees, in marketing and promotional materials, and for Service Providers internal purposes. The Releasing Party acknowledges and agrees that the Recorded Content may be combined with other images, audio, video, text and graphics and cropped, altered or modified.

3. Ownership of Recorded Content. The Releasing Party understands and agrees that Service Provider and its successors and assigns will own all right, title and interest in and to the Recorded Content. Accordingly, the Releasing Party hereby irrevocably assigns to Service Provider all right, title and interest that such Releasing Party may have in and to the Recorded Content. For the avoidance of doubt, Service Provider will have no obligation to provide the Releasing Party with a copy of any Recorded Content.

4. No Approval or Compensation for Use of Recorded Content. The Releasing Party acknowledges and agrees that the Releasing Party will have no right to review, edit or pre-approve any uses of the Recorded Content permitted hereunder, and Service Provider shall have no obligation to pay, and the Releasing Party will have no right to receive, compensation of any kind in connection with any use of the Recorded Content. In addition the Releasing Party will have no right of accounting.

5. Release from Liability. The Releasing Party hereby forever releases and discharges Service Provider, its affiliates and licensors, and their respective employees, agents, licensees, insurers, successors and assigns from any and all claims, demands or causes of action that the Releasing Party may have for libel, invasion of privacy or violation of right of publicity, infringement of copyright or trademark, or violation of any other intellectual property right or proprietary right arising out of or relating to Service Providers exercise of the rights granted to it under this Release.

6. Miscellaneous. The Releasing Party is granting the releases and assignments set forth herein in consideration of the marketing and advertising benefits the Releasing Party will receive from the 3D content creation services and related services that Service Provider and its licensors will separately provide to the Releasing Party or its agent. The Releasing Party represents and warrants that he or she: (a) possesses all necessary rights and consents to provide any releases and assignments set forth herein; and (b) is at least 18 years of age and has the legal capacity to execute and be bound by this Release. The Releasing Party shall indemnify and defend Service Provider, its affiliates, and their respective employees, agents, subcontractors, licensees, successors and assigns from any claims or damages resulting from any breach of the foregoing representations. Nothing herein shall obligate Service Provider to use any of the Recorded Content in any manner. This Release shall bind and inure to the benefit of the parties hereto and their successors and assigns. This Release shall be governed by the laws of Texas, without reference to conflict of laws principles, and any claims arising under this Release will be brought solely in the courts located in Houston, TX. This document contains the entire agreement between the parties with respect to the subject matter hereof. The Releasing Party may not amend or assign this Release without the prior written permission of Service Provider. In the event any term of this Release is found by any court to be void or otherwise unenforceable, the remainder of this Release shall remain valid and enforceable as though such term were absent upon the date of its execution. This Release may be executed in any number of counterparts, each of which will be deemed an original and all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature.