1. Scope of Agreement
   This Agreement applies to all photographs, graphics, digital assets, or images created by By Enso. It governs the relationship between the parties and can only be modified through a written agreement. Email exchanges or verbal communications do not alter these terms.
2. Ownership and Usage Rights
   By Enso retains full ownership and copyright of all photos. The client is granted a limited license to use the photos solely for promotional and advertising purposes related to the property sale and agent marketing. Any other use requires By Enso’s written permission and may involve additional fees.
3. MLS Uploads and Copyright Protection
   Clients may upload photos to MLS services only for property promotion during the Agreement’s term. This Agreement does not grant the client copyright ownership or any exclusive rights beyond what is stated. Photos may contain copyright notices and metadata protections. Altering or removing these protections is prohibited and may result in legal penalties under the Digital Millennium Copyright Act (DMCA).
4. License Term
   Unless otherwise agreed in writing, the license is valid for either:

• • One (1) year from the Agreement date, OR
  • Until the client’s representation of the property ends, whichever comes first.
    Further use requires By Enso’s approval and additional fees. Licenses are granted upon photo delivery.

5. Relationship of the Parties
   By Enso is an independent contractor. This Agreement does not create an employer-employee, partnership, or joint venture relationship. By Enso’s work is not classified as “work for hire” under copyright law.
6. Photo Creation and Delivery
   By Enso determines the creation method for photographs. Photos will be delivered in JPEG format at a resolution deemed suitable by By Enso. Clients must verify quality within five (5) business days of receipt. By Enso is not responsible for reproduction quality or delays beyond replacing photos at an appropriate resolution.
   
   By Enso is not required to provide images larger than 8”x10” at 300 dpi, higher than 8-bit, or in RAW format. Clients are responsible for maintaining backups as By Enso does not archive delivered images.

7. Payment Terms

• • Payments are due within ten (10) business days of photo delivery, regardless of usage.
  • If payment is not received within thirty (30) days, all usage rights are revoked. Clients must delete all copies and confirm removal in writing.
  • Late payments beyond thirty (30) days may incur a 5% finance charge per month.
  • Unauthorized use or retention beyond thirty (30) days without payment constitutes copyright infringement, and legal action may be pursued.

8. Cancellation Policy
   We reserve the right to charge the following cancellation fees for client cancellations. 

• • 72+ hours notice: No cancellation fee. Deposits can be applied to a future session within six (6) months.
  • 48-72 hours notice: 50% of the session fee is due. If prepaid, 50% may be applied to a rescheduled session.
  • 24-48 hours notice: 75% of the session fee is due. Rescheduling is subject to availability.
  • Same-day cancellations, no-shows, or inaccessible properties: 100% of the session fee is due. No refunds or credits.

9. Rescheduling Policy

• • One complimentary reschedule is allowed with 48+ hours’ notice.
  • Additional reschedules may incur a $50 rescheduling fee.
  • Consideration will be given for cancellations due to personal emergencies and inclement weather

10. Non-Exclusivity
    This Agreement does not create an exclusive relationship. Clients may hire others for similar services, and By Enso may offer services to others.
11. Transfer and Assignment
    Clients may not transfer or assign rights under this Agreement. Photos cannot be shared, sold, or given to third parties. Homeowners may keep photos only for personal use and not for business purposes.
12. Indemnification
    Clients shall indemnify and defend By Enso against any claims, damages, or legal fees arising from the use of photos, including failure to obtain necessary property or model releases.
13. Governing Law and Dispute Resolution
    This Agreement is governed by the laws of Virginia. Any disputes shall be resolved in Spotsylvania County, Virginia courts. The prevailing party in any legal action may recover attorneys’ fees. If disputes cannot be resolved through negotiation, mediation or binding arbitration may be pursued.
14. Severability
    If any part of this Agreement is found invalid or unenforceable, the remaining provisions remain in effect.
15. Waiver
    Failure to enforce any provision does not waive the right to enforce it later.
    By agreeing to these terms, the listing agent or agency acknowledges acceptance of this binding Agreement.

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