Effective May 2025  •  West Central Florida

SUNNY LENS MEDIA, LLC

Photography & Videography Services

Terms & Conditions — Legal Exhibit

Effective May 2025  •  West Central Florida

The complete and authoritative Terms of Service are maintained online at:

https://www.sunnylensmedia.com/terms-of-service

In the event of any conflict between versions of these Terms, the full Legal Terms published on Sunny Lens Media's official website shall govern.

2 people setting terms

By engaging Sunny Lens Media, LLC services — including confirming a booking and/or paying an invoice — Client agrees to the following Terms & Conditions in their entirety.

1. Ownership of Media

All photographs, video footage, drone imagery, and related media created by Sunny Lens Media, LLC ("Media") are and remain the exclusive intellectual property of Sunny Lens Media, LLC under United States copyright law (17 U.S.C. § 106). Copyright vests automatically in Sunny Lens Media, LLC as the creating party at the moment of capture. No ownership rights are transferred to Client under any circumstances.

Sunny Lens Media, LLC retains the right to use any delivered Media for its own marketing, portfolio display, promotional, and advertising purposes across all channels and formats — including but not limited to its website, social media, print materials, and paid advertising — without additional compensation to Client. Portfolio display constitutes marketing use and is included in this retained right.

2. License Grant

Upon receipt of full payment, Client is granted a limited, non-exclusive, non-transferable license to use delivered Media solely for the marketing and sale of the specific property for which the Media was created ("Property").

Permitted Uses

  • MLS listing distribution via Stellar MLS or applicable local MLS provider, including standard downstream display syndication inherent to MLS participation (e.g., Realtor.com, Homes.com, Trulia). This carve-out applies to standard display syndication only and does not extend to any enhanced, premium, or showcase-tier product offered by any downstream platform, regardless of how that product is presented within the MLS workflow.

  • Property-specific marketing: listing websites, social media, email campaigns, printed brochures, and direct mail for the Property

  • Standard listing platforms used directly by Client for promotion of the Property, provided their terms do not require rights inconsistent with this agreement

Sunny Lens Media, LLC Retained Rights

  • All rights not expressly granted herein are retained by Sunny Lens Media, LLC

  • Sunny Lens Media, LLC may display, publish, and use Media for its own portfolio, marketing, and promotional purposes without restriction or additional compensation

3. Client Restrictions

Client may NOT:

  • Sell, transfer, assign, or sublicense Media to any third party

  • Grant or permit any third party to obtain usage rights in the Media beyond standard MLS display syndication as defined in Section 2

  • Use Media for any property other than the original Property

  • Submit Media to any platform, system, or vendor whose terms require rights inconsistent with this agreement, including sublicensable, transferable, perpetual, irrevocable, or derivative works rights

  • Perform virtual staging, AI augmentation, or image transformation of Media through any third-party platform or tool without first purchasing an Augmentation License from Sunny Lens Media, LLC (see Section 9)

Permitted Minor Modifications

Client may perform minor resizing, cropping, color correction, or text overlay (e.g., agent contact information, "SOLD" banners, open house details) solely for property-specific marketing of the Property. Any modification that materially alters the visual content or artistic integrity of the Media, or that is performed via an automated or third-party system, requires either prior written consent or an Augmentation License from Sunny Lens Media, LLC.

4. Platform & Third-Party System Restrictions

Client is strictly prohibited from uploading, distributing, or submitting Media to any platform, service, or vendor whose terms of service require Client to grant rights that exceed the scope of this license.

Prohibited Rights Triggers

Client must not accept or agree to platform terms requiring:

  • Sublicensable rights

  • Transferable rights

  • Perpetual or irrevocable licensing beyond standard display

  • Derivative works rights

  • AI processing, machine learning ingestion, or automated image transformation

Known Prohibited Platforms (Non-Exhaustive)

  • Zillow Showcase and any enhanced or premium Zillow media products requiring expanded licensing

  • Aryeo Showcase or similar enhanced listing platforms

  • Any virtual staging, AI enhancement, image transformation, or automated listing media system (unless Augmentation License is purchased per Section 9)

  • Any third-party media syndication or listing enhancement platform requiring rights beyond standard display

Client Responsibility: Client is responsible for reviewing the terms of any platform or system prior to uploading Media. Lack of awareness of a platform's requirements does not excuse a breach of this agreement. If Client is uncertain whether a platform's terms are compatible with this license, Client must contact Sunny Lens Media, LLC prior to upload.

MLS Carve-Out

Standard MLS distribution through Stellar MLS or applicable local MLS provider is permitted, including standard downstream display syndication. This carve-out applies to standard listing display only and does not extend to enhanced, premium, or showcase-tier MLS products. Standard MLS syndication does not include any enhanced, premium, or showcase-tier product offered by any downstream platform, regardless of how that product is presented within the MLS workflow.

5. Delivery of Media

Delivery Timeline

All Media assets will be delivered within 24 hours of the date and time of the shoot. Sunny Lens Media, LLC has maintained this standard without exception since its founding.

Delivery Platform & File Formats

  • All assets are delivered via HDPhotoHub, a secure online delivery platform

  • Photographs are delivered as JPEG files in the size(s) selected at time of booking

  • Video assets are delivered as MP4 files

  • Platform-specific formats (e.g., Zillow-compatible video formats) are delivered where applicable and requested at time of booking

  • Where an Augmentation License has been purchased, client-augmented images may be hosted alongside original deliverables on HDPhotoHub for delivery continuity

Client Responsibility Upon Delivery

Client is responsible for downloading and retaining delivered Media. Sunny Lens Media, LLC does not guarantee indefinite storage of delivered assets on HDPhotoHub or any other platform.

6. Unauthorized Use & Enforcement

Any use of Media outside the scope of this agreement — including unauthorized sublicensing, platform ingestion requiring expanded rights, or AI/ML processing without an Augmentation License — constitutes a material breach and may result in:

  • Immediate termination of the license granted herein

  • Formal takedown and removal demands

  • Pursuit of copyright infringement claims under 17 U.S.C. § 501 et seq.

  • Recovery of actual damages, statutory damages, and attorney's fees where permitted by law

7. Governing Law & Dispute Resolution

This agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any dispute arising out of or relating to this agreement shall be resolved exclusively in the state or federal courts located in Sarasota County, Florida. Client consents to personal jurisdiction in such courts.

8. Acceptance of Terms

These Terms & Conditions are incorporated into and governed by the booking confirmation provided to Client at time of scheduling and the invoice issued for services rendered.

  • Booking confirmation constitutes initial acceptance of these Terms

  • Payment of invoice constitutes full and final acceptance of all Terms herein

  • No additional rights are granted by implication, platform requirement, or third-party system workflow

These Terms supersede any prior verbal or written agreements and may only be modified by a written amendment signed by an authorized representative of Sunny Lens Media, LLC.

9. Augmentation License & Liability Limitation

Clients who wish to perform virtual staging, AI image augmentation, or any material transformation of delivered Media using third-party tools or platforms may do so exclusively under a separately purchased Augmentation License ("Augmentation License") at a fee of $50.00 per property, invoiced by Sunny Lens Media, LLC.

What the Augmentation License Permits

  • Client may submit licensed Media to virtual staging, AI augmentation, or image transformation tools solely for marketing the original Property

  • Augmented images may be submitted to Sunny Lens Media, LLC for hosting alongside original deliverables on HDPhotoHub for delivery continuity at no additional charge

  • The Augmentation License does not permit submission to platforms requiring expanded rights beyond those granted in Section 2

Client Sole Responsibility for Augmented Media

Client assumes full and sole responsibility for all augmented or AI-modified images, including but not limited to:

  • Accuracy and truthful representation of property condition

  • Compliance with MLS rules, guidelines, and disclosure requirements

  • Compliance with Florida real estate disclosure laws and any applicable federal regulations

  • Any buyer disputes, complaints, or legal claims arising from the depiction of the property in augmented media

Liability Disclaimer: Sunny Lens Media, LLC assumes no liability whatsoever for misrepresentation of property condition, inaccurate depiction of property features, MLS compliance violations, or any disclosure obligation failures arising from virtual staging, AI augmentation, or any other client-performed or third-party modification of delivered Media. Sunny Lens Media, LLC's role is limited solely to licensing the underlying original Media. All liability for augmented content rests entirely with Client.

The Augmentation License must be purchased and invoiced prior to any augmentation activity. Augmentation of Media without a valid Augmentation License constitutes a material breach of this agreement and is subject to enforcement under Section 6.

Current Terms always available at:

https://www.sunnylensmedia.com/terms-of-service

In the event of any conflict between versions of these Terms, the online version governs.

Sunny Lens Media, LLC  •  West Central Florida  •  sunnylensmedia.com