Photography License & Terms of Use
Ownership & Copyright
All photographs, images, and visual content (“Photos”) created by Photographer are the exclusive intellectual property of Photographer. Photographer retains all right, title, and interest in and to the Photos, including all copyrights and moral rights under United States Copyright Law (17 U.S.C. §101 et seq.). Nothing in this Agreement shall be construed as a transfer or assignment of copyright.
Limited License Grant
Upon full payment of all fees due, Photographer grants Client a limited, non-exclusive, non-transferable, revocable license to reproduce, publicly display, and distribute the Photos solely for marketing and advertising purposes directly related to the active sale or lease of the specific property photographed (“Property”).
Any use of the Photos for purposes not directly related to the marketing of the Property — including but not limited to branding, portfolio use, print advertising unrelated to the Property, social media beyond the listing, builder or developer marketing, or reuse after expiration — requires Photographer’s prior written consent and may require additional licensing fees.
Term of License
Unless otherwise agreed in writing, the license granted herein shall automatically expire upon the earlier of:
One (1) year from the date of delivery of the Photos, or
Termination of Client’s representation or listing of the Property.
Upon expiration, all rights immediately revert to Photographer, and any continued use constitutes copyright infringement.
MLS Use & Removal
Photos may be uploaded to MLS platforms solely for the purpose of marketing the Property during the license term. Client acknowledges that MLS terms do not supersede Photographer’s copyright.
Client is solely responsible for ensuring that all Photos are removed from MLS systems, IDX feeds, third-party websites, and cached databases upon expiration of the license or termination of the listing. Continued display or distribution after expiration constitutes unauthorized use.
Prohibited Uses & AI Restrictions
Client shall not, and shall not permit any third party to:
Alter, modify, manipulate, enhance, or create derivative works from the Photos without Photographer’s prior written consent;
Use the Photos in connection with any artificial intelligence or machine learning technologies, including but not limited to:
Generative AI tools,
Virtual staging platforms,
AI sky replacement, relighting, object removal, upscaling, or style transfer,
Training or fine-tuning AI models or datasets.
Any AI-based modification or enhancement of the Photos constitutes the creation of an unauthorized derivative work and a material breach of this Agreement.
Copyright Management Information (CMI)
Photos may contain copyright notices and embedded metadata. Removal or alteration of copyright management information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (17 U.S.C. §1202). Client shall be liable for all statutory damages, attorneys’ fees, and costs arising from such violation.
Payment & Revocation of Rights
All fees are due within ten (10) business days of delivery. Failure to remit full payment within thirty (30) days shall result in automatic revocation of the license, at Photographer’s sole discretion.
Upon revocation, Client shall immediately cease all use of the Photos and permanently remove them from all media, platforms, and storage. Written confirmation of removal shall be provided upon request.
Independent Contractor / No Work for Hire
Photographer is an independent contractor. Nothing herein creates an employment, partnership, joint venture, or agency relationship. The Photos are not works made for hire.
Delivery & Technical Specifications
Photographer retains sole discretion regarding capture methods, editing style, file format, and resolution. Photographer is not obligated to provide RAW files, layered files, or images exceeding 8” × 10” at 300 dpi unless otherwise agreed in writing.
Indemnification
Client agrees to indemnify, defend, and hold harmless Photographer from any claims, damages, liabilities, costs, or expenses (including attorneys’ fees) arising from:
Client’s use or misuse of the Photos,
Unauthorized alterations or AI usage,
Failure to obtain required property or model releases,
Continued use after license expiration.
Cancellation
If Client cancellation of this Agreement prior to 1) the Property shoot or 2) within one (1) month of this agreement, Client will pay any expenses incurred and a twenty-five (25)% cancellation fee. For Client cancellation within two (2) days of the Property shoot, Client is responsible for 100% of the fee and any expenses incurred.
Governing Law & Venue
This Agreement shall be governed by the laws of the State of Arizona. Any legal action arising out of this Agreement shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona. The prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.
Severability & Waiver
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.
Builder / Architect / Design Licensing Addendum
(Non-MLS Use)
This Builder / Architect / Design Licensing Addendum (“Addendum”) is incorporated into and governed by the Photography License & Terms of Use (“Agreement”) between Photographer and Client. In the event of any conflict, the terms of this Addendum shall control solely with respect to the licensed non-MLS usage described herein.
1. Purpose of Addendum
This Addendum governs the licensing of photographic images created by Photographer for non-MLS commercial, promotional, editorial, and branding uses, including but not limited to marketing by builders, architects, designers, developers, contractors, and related trades.
No rights are granted except as expressly stated in this Addendum and the accompanying License Summary.
2. Ownership
Photographer retains all right, title, and interest in and to all Photos. Nothing in this Addendum shall be construed as a transfer, assignment, or sale of copyright.
All licenses granted under this Addendum are limited, non-exclusive, non-transferable, and revocable.
3. Custom License Grant
Usage rights for each project and client shall be defined on a case-by-case basis and memorialized in writing prior to delivery of the Photos (the “License Summary”), which may be included in an invoice, estimate, proposal, or separate written agreement.
The License Summary may specify, without limitation:
Permitted media (e.g., website, social media, print, advertising, editorial, awards submissions)
Geographic scope (local, regional, national, international)
Duration of use (fixed term or ongoing)
Image quantity limitations
Exclusivity, if any
Approved project or property references
Any use outside the scope of the License Summary constitutes unauthorized use and copyright infringement.
4. Licensing Upgrades & Scope Changes
The license granted under this Agreement is expressly limited to the scope, term, territory, and usage described at the time of contracting. Client acknowledges that photography licensing is based on anticipated use, and that changes in scope may materially affect the value of the license.
If, at any time during or after the creation of the Photos, Client’s intended or actual use of the Photos expands beyond the originally licensed scope — including but not limited to changes in media, duration, geographic territory, audience size, exclusivity, paid advertising, resale, sublicensing, or brand-wide use — such expanded use shall require a license upgrade and the payment of additional fees.
Photographer reserves the right to adjust licensing fees to reflect the expanded scope of use. Any expanded use of the Photos prior to securing an upgraded license constitutes unauthorized use and copyright infringement under applicable law.
Licensing upgrades may be granted retroactively at Photographer’s discretion and shall not be deemed a waiver of Photographer’s rights or remedies. All upgraded usage rights must be confirmed in writing and are subject to additional fees determined by Photographer.
All rights not expressly granted remain reserved by Photographer.
5. Prohibited Uses (Unless Expressly Licensed)
Unless explicitly authorized in the License Summary, Client shall not:
Sell, sublicense, assign, or transfer the Photos to any third party (including vendors, manufacturers, publications, or collaborators);
Use the Photos in stock libraries, template systems, or resale platforms;
Allow use by affiliated companies, parent entities, or marketing partners;
Create derivative works, composites, or heavily altered versions of the Photos;
Use the Photos in a misleading or defamatory manner.
6. AI & Digital Manipulation Restrictions
Client shall not use, upload, process, or permit the Photos to be used in connection with artificial intelligence, machine learning, or automated image processing technologies, including but not limited to:
Generative AI platforms
Virtual staging or rendering tools
AI-based sky replacement, object removal, relighting, upscaling, or style transfer
Training or fine-tuning of AI or ML models or datasets
Any AI-based alteration or enhancement constitutes the creation of an unauthorized derivative work and a material breach of this Agreement.
7. Third-Party Publications & Awards
Submission of the Photos to third-party publications, awards programs, or editorial platforms is not permitted unless expressly authorized in the License Summary or approved in writing by Photographer.
Where permitted, Photographer shall receive full attribution where reasonably practicable, and such third-party use shall not expand the Client’s licensed rights.
8. Term & Expiration
All licensed rights automatically expire at the end of the term specified in the License Summary. Upon expiration, Client shall immediately cease all use of the Photos and remove them from all platforms and materials.
Continued use beyond the licensed term constitutes copyright infringement and may be subject to additional licensing fees, statutory damages, and attorneys’ fees.
9. Credit & Attribution
Where commercially reasonable, Client agrees to provide credit to Photographer in the form of:
“Photography by Sean Colón”
Failure to provide credit does not expand or extend licensed usage rights.
10. Indemnification
Client shall indemnify, defend, and hold harmless Photographer from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:
Client’s unauthorized or expanded use of the Photos;
Third-party use enabled or permitted by Client;
AI-based alterations or derivative works;
Use beyond the scope or term of the license.
11. No Implied Rights
No rights or licenses are implied by delivery of the Photos, prior course of dealing, or industry custom. All rights not expressly granted are reserved by Photographer.
12. Governing Law
This Addendum shall be governed by and construed in accordance with the laws of the State of Arizona.
Short-Term Rental Licensing
Copyright & Ownership
All photographs, images, and visual content (“Images”) created by Sean Colón remain the sole property and copyright of the photographer. No ownership or copyright is transferred through purchase.
License Grant
Upon full payment, the Client is granted a non-exclusive, non-transferable license to use the licensed Images solely for marketing and promoting the specific short-term rental property photographed, subject to the terms below.
This license applies only to the property address listed on the invoice or agreement.
Permitted Uses
Licensed Images may be used for:
Online short-term rental listings (including Airbnb, VRBO, Booking.com, and similar platforms)
The Client’s own website or social media for the purpose of marketing the property
Email marketing and digital brochures directly related to the rental of the property
Prohibited Uses
The Client may not:
Transfer, sublicense, sell, gift, or otherwise provide the Images to any third party
Allow use of the Images by property managers, designers, agencies, builders, or platforms outside of the approved STR listings without written permission
Use the Images to market a different property, even if under the same ownership
Use the Images for print advertising, paid ads, resale, branding, or commercial purposes beyond STR marketing without an expanded license
Third-Party Platforms & Property Managers
Uploading Images to short-term rental platforms is permitted only as required to market the licensed property.
This does not grant those platforms, property managers, or other third parties independent usage rights beyond hosting the listing.
If a property manager, agency, or other third party requires usage rights, a separate license must be obtained.
License Term
Unless otherwise stated in writing, the STR license is perpetual, provided the Images are used only in accordance with these terms and only for the originally photographed property.
Property Sale or Transfer
This license does not transfer if the property is sold, assigned, or transferred to a new owner or entity.
A new license must be purchased for continued use by any new owner or operator.
Modifications
Basic resizing or cropping for listing purposes is permitted.
Images may not be heavily altered, filtered, composited, or otherwise modified without written approval.
Unauthorized Use
Any use outside the scope of this agreement constitutes copyright infringement and may result in additional licensing fees, retroactive charges, or legal action.
Licensing Upgrades
Expanded usage (including commercial use, print, advertising, branding, or third-party use) is available upon request and will be quoted separately.