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Agent Service Terms

Version 1.1 · Effective: July 16, 2026

Amends Version 1.0 (effective July 10, 2026) by adding Section 13, Text messages.

This page holds two documents: these Agent Service Terms and the Per-Listing Media License.

These Terms are written in plain language on purpose. They say what the software actually does, and nothing it does not.

Lumen means Gavin Shirley, a Maryland sole proprietor doing business as Lumen Listing.

By creating an account on the Lumen portal, booking a Launch, or otherwise using the Services, you agree to these Terms, including the Per-Listing Media License.

1. Parties and scope

These Terms are an agreement between Lumen (Lumen Listing, the real estate listing-media team operating in Maryland) and the Agent, the licensed real estate agent who creates an account on the Lumen portal or books a Launch. Where the Agent’s Brokerage requires broker-side rights in listing media, the Brokerage is a counterparty to the Per-Listing Media License described in Section 6, and may countersign it; the Brokerage is not otherwise a party to these Terms.

These Terms govern every Launch booked through the Portal (the Lumen web app at app.lumenlisting.com), by phone, or arranged directly with the team. Together with the documents they incorporate, they are the whole agreement:

  1. These Agent Service Terms.
  2. The Booking Confirmation for each Launch (address, tier, add-ons, scheduled time, price, and delivery date, all recorded at booking).
  3. The Launch Manifest, the published list of exactly what each tier includes, published in full on the Guarantee Terms page. That name is the single name for that document everywhere Lumen uses it: here, in the booking flow, and where it is published.
  4. The Guarantee Terms (the Launch Lock), Section 5.
  5. The Per-Listing Media License, Section 6.
  6. The Listing Pro subscription terms, Section 4.6.

If these documents ever conflict, the Booking Confirmation controls for that Launch’s specifics (what was booked, when, for how much), then these Terms, then the incorporated documents, except where these Terms expressly state that an incorporated document controls (Sections 5 and 6).

Lumen is a media production and software vendor. Lumen is not a real estate broker, does not provide brokerage services, does not show property, does not discuss a property’s attributes with prospective buyers, and does not negotiate anything in the Agent’s transaction. Lumen works with the Agent; the Agent owns the seller relationship.

2. The services: Launches

A Launch is one complete listing-media engagement for one property: the shoot, editing and quality control, and delivery of every item on the published Launch Manifest for the booked tier, through the Portal.

The tiers are Standard Launch ($425), Premium Launch ($675), and Signature Launch ($1,150). Each tier’s contents are exactly the published Launch Manifest lines for that tier, no more and no less; the Manifest is the authoritative statement of what ships. Add-Ons (for example twilight shoot, drone coverage where airspace allows, Matterport 3D tour, floor plan, virtual staging, and the listing reel) are listed on the published menu with flat prices and attach to a single Launch. Only what appears on the published menu can be booked; these Terms create no Add-On the menu does not list.

Every Launch delivers an edited, QC-checked photo set, export crops sized for MLS and social, and the graphics and copy items the Launch Manifest lists (including shareable milestone graphics where the Manifest includes them), together making up the Agent’s listing launch kit in the Portal. Delivery also publishes a single-property listing page, the property site, built from the same Media. The listing launch kit and the property site both unlock when the Launch is delivered.

The delivery date for each Launch is set at booking, in writing, on the Booking Confirmation. Lumen makes no representation of any kind about sale outcomes: nothing in these Terms, the Manifest, or any Lumen marketing promises that media will change a property’s sale price, speed of sale, or offer activity.

2.1 The First Launch (free first shoot)

An Agent’s first booking, when the Agent has no prior non-cancelled Launch on their account, is The First Launch: a complete Standard Launch at no charge, including the twilight and floor plan Add-Ons at no charge. This is applied automatically by the Portal; the Agent cannot be charged for it, no card is required to book it, and there is no purchase obligation attached to it. The First Launch is Standard scope; premium tiers and Add-Ons beyond the included twilight and floor plan (for example Matterport, drone coverage, the listing reel) are not part of it and are available on the next, paid Launch. One First Launch per Agent. If a First Launch is cancelled before the shoot, it is not used up; the Agent’s next booking is evaluated fresh.

3. Booking, scheduling, rescheduling, cancellation, and property access

3.1 Booking

The Agent books through the Portal by providing the property address, property type, tier, any Add-Ons, listing facts (approximate square footage, beds, baths), and a shoot time. The price for the Launch is computed by Lumen’s system from the published menu at the moment of booking and is shown before the Agent confirms. That booked price is locked: rescheduling never re-prices a Launch, and the amount later charged is the amount set at booking (plus nothing), except a written adjustment both sides agree to.

Standard shoot times are between 9am and 5pm Eastern; a booking with the twilight Add-On may schedule into the evening. Booking windows have real capacity limits; the Portal shows live availability, and a window that fills is closed to new bookings.

A paid Launch requires a Card on File (Section 4.2) before booking completes. The First Launch does not.

3.2 Rescheduling and cancellation by the Agent

While a Launch is still in “booked” status and its shoot time is more than 24 hours away, the Agent can reschedule or cancel it instantly, self-serve, in the Portal, at no charge. A reschedule moves the same Launch to a new time (subject to the same hours and capacity rules); it never changes the price and never affects First Launch eligibility.

Inside 24 hours of the shoot time, or once the shoot has started or the media is in editing, schedule changes go through the Portal’s request lane: the Agent sends a reschedule or cancel request and the team confirms it. A delivered Launch cannot be cancelled, and a charged Launch cannot be cancelled; at that point the remedies in the Launch Lock (Section 5) are the path.

A Launch cancelled before delivery is never charged. There is nothing to refund on a pre-delivery cancellation because nothing has been billed.

A cancellation inside 24 hours of the shoot time is free the first time and carries a $100 trip fee on repeat occurrences. If a photographer arrives and cannot access the property (no lockbox code, no key, an occupant refuses entry), a $100 turn-away fee applies, waived once per Agent. Neither fee is charged until the Portal shows it at booking and can bill it; no fee applies before that.

3.3 Rescheduling and cancellation by Lumen

Lumen may reschedule a Launch for weather that prevents the booked coverage (for example twilight or exterior conditions), for safety, or for photographer unavailability, and will coordinate the earliest workable replacement time with the Agent. If Lumen cancels a Launch entirely, the Agent owes nothing for it.

For the Launch Lock’s On-Time Promise, the promised delivery date moves when the Agent reschedules, when a reschedule is caused by property access or shoot readiness (Section 3.4), or when Lumen reschedules for weather or a safety call (the date is set fresh with the new booking). A reschedule Lumen initiates for a reason within Lumen’s control, including photographer unavailability, does not move the promised delivery date; if that date is then missed, the On-Time Promise applies as published. The Guarantee Terms state the same rule, and the two documents state one trigger.

3.4 Property access and shoot readiness

The Agent is responsible for lawful access at the scheduled time: a lockbox code, a key, or a person authorized to open the property. The Agent is responsible for having the property shoot-ready at the scheduled time (staging decisions made, spaces reasonably tidy, pets secured, occupants informed that a photographer is coming). The photographer photographs the property as presented; light adjustments on site are a courtesy, not a service. Conditions that make the booked coverage impossible on site (no access, unsafe conditions) are treated as an Agent-side reschedule.

4. Fees and payment

4.1 Prices

Per-Launch prices are the published menu prices in effect at booking (Section 2). All amounts are computed by Lumen’s system on the server from that menu; no price shown or typed anywhere client-side can change what is billed. Listed prices are exclusive of any tax Lumen is required to collect, which would appear as its own line.

4.2 Card on File and charge on delivery

The Agent keeps a Card on File, captured through Stripe. Lumen never sees or stores card numbers; Stripe holds the card, Lumen holds only the card’s brand, last four digits, and expiry for display.

Nothing is due at booking. The Card on File is charged automatically once, when the Launch is delivered, for the amount set at booking. Delivery is what triggers billing: the system will not charge a Launch that has no delivered photos, will never charge The First Launch (a permanent $0 guard), and will never charge the same Launch twice. Any referral credit on the Agent’s account is applied automatically at booking and shown on the Booking Confirmation and the Invoice.

4.3 Invoices and receipts

Every charged Launch produces a per-listing Invoice in the Portal with itemized lines matching the published menu (tier, Add-Ons, any bundle price, any credit or coverage line), marked paid, with a receipt emailed to the Agent. The Agent’s full invoice history is available in the Portal at any time.

4.4 Failed charges

If the Card on File declines at delivery, the Agent is notified in the Portal and the system retries a limited number of times. The Agent agrees to keep a valid card on file and to update it promptly after a decline. The delivered media remains licensed (Section 6) while payment is collected; the Agent remains responsible for the booked amount. Lumen may decline new bookings while a delivered Launch remains unpaid after the automatic retries are exhausted, and unpaid amounts may be recovered by any lawful means. There are no late fees.

4.5 Refunds, disputes, and remedies

Billing remedies for delivery problems run through the Launch Lock (Section 5), which includes a refund path. Independent of that, a refund issued through Stripe is reflected on the Invoice, and a card dispute suspends the Invoice’s paid status while it resolves. Filing a card dispute for a Launch that was delivered as manifested, instead of using the Launch Lock, is a breach of these Terms.

4.6 Listing Pro

Listing Pro is Lumen’s recurring subscription, $1,495 per month, billed monthly in advance through Stripe against the Card on File. While the subscription is active it covers the Standard Launch price on the Agent’s Standard-tier bookings; Add-Ons and tier upgrades bill normally on delivery. Coverage requires the subscription to be in good standing; a past-due subscription does not cover new bookings until payment resolves. Subscription scheduling and concurrency are subject to the published Listing Pro fair-use terms (published-calendar scheduling and a concurrent-launches ceiling), incorporated by reference once published; those fair-use terms, not this section, state the ceiling and what happens to bookings above it.

The Agent may cancel Listing Pro from the Portal account page at any time. Cancellation takes effect at the end of the current billing period; the subscription stays active and covering until then, and no further months are billed. Partial months are not refunded.

5. The Launch Lock

Every Launch, including The First Launch, is covered by the Launch Lock, Lumen’s three-layer service commitment, on the terms in the published Guarantee Terms, which are incorporated into these Terms by reference. In summary:

  1. On-Time Promise. The delivery date is set at booking, in writing.
  2. Complete-Delivery Promise. The Launch includes everything on the published Launch Manifest for the booked tier. If a digital asset is missing, Lumen supplies it free by the next business day. If an asset requiring a revisit is missing (for example twilight or drone), the Agent chooses the next available slot free or a line-item credit.
  3. Reshoot-or-Refund Promise. If the Agent is not satisfied with the delivered media, Lumen reshoots or refunds. Re-edits are unlimited. One standing make-good reshoot visit applies per listing; anything beyond it is at Lumen’s discretion. The re-edit and reshoot paths are offers, not prerequisites: the Agent may choose the refund without first exhausting them.

One remedy applies per listing across the whole stack; unlimited re-edits and the one standing make-good reshoot visit never count against that cap. Where a remedy involves money and the Launch was free, there is nothing to refund, so the make-good remedies apply instead. The Guarantee Terms state how remedies are claimed and adjudicated; where these summaries and the Guarantee Terms differ, the Guarantee Terms control. The full terms of each promise live on the guarantee page and are part of these Terms.

6. Media ownership and license

Lumen owns the copyright in the media it creates, as United States law provides for the photographer, and licenses it to the Agent and, where applicable, the Brokerage under the Per-Listing Media License, incorporated by reference, delivered with each Launch, and set out in full below on this page. In summary: the license covers marketing that specific listing, including submission to Bright MLS with the sublicensable grant Bright’s rules require, brokerage marketing channels, social, and print; reuse beyond that listing (portfolio use, a relist of the property, unrelated marketing) requires Lumen’s written consent. The license terms travel with the media; the Media License document controls over this summary.

The Agent’s payment obligation for a Launch is independent of the license mechanics; delivery of the media plus the license is what the Launch fee buys.

7. Agent responsibilities

The Agent represents and agrees, for each Launch, that:

  1. Listing facts are accurate. The address, property type, approximate size, and access details given at booking are correct; scheduling and tier fit depend on them.
  2. The seller has authorized the shoot. The Agent has a listing agreement or equivalent seller authorization to have the property photographed and marketed, and to grant access to Lumen’s photographer. Lumen relies on the Agent for this and never contacts the seller to obtain it.
  3. Marketing restrictions are disclosed before the shoot. If the seller has restricted public marketing (a written request not to disseminate images publicly, an office-exclusive or delayed-marketing status, photo or price suppression), the Agent tells Lumen before the shoot, because standard deliverables include a public single-property page, the property site, and it must be held back when restrictions apply.
  4. MLS compliance is the Agent’s. The Agent is the MLS subscriber. Lumen delivers media formatted to comply with Bright MLS content rules as published (unbranded imagery, disclosure labels on virtually altered images such as the labeled day-to-dusk edit and virtual staging), and the Agent is responsible for how media, remarks, and statuses are used inside the MLS.
  5. Marketing copy is reviewed before use. Draft remarks and captions Lumen delivers are drafts for the Agent’s review and approval as the licensee. The Agent is responsible for the compliance of published copy, including fair-housing standards, and for their brokerage-identification requirements under Maryland advertising rules.
  6. The account is the Agent’s. Portal credentials are personal to the Agent; bookings made on the account are the Agent’s bookings.

The Agent will hold Lumen harmless from claims arising from a failure of items 1 through 3, for example a shoot performed at a property the seller had not authorized.

8. Lumen responsibilities

Lumen agrees, for each Launch, to:

  1. Perform the Launch as booked and deliver every item on the published Launch Manifest for the booked tier, by the delivery date set at booking, through the Portal.
  2. Send professional personnel who treat the property with care, photograph it as presented, and follow the access instructions given at booking.
  3. Edit and quality-check all delivered media, and label virtually altered images (day-to-dusk edits, virtual staging) for MLS disclosure compliance.
  4. Build the marketing artifacts delivered with a Launch (the single-property listing page, shareable milestone graphics, and similar pieces) to carry the Agent’s contact and the brokerage identification Maryland advertising rules require, never Lumen’s own marketing of the property, and never any seller-directed solicitation.
  5. Bill exactly as Section 4 describes: nothing before delivery, the booked amount once, an itemized Invoice and receipt for every charge.
  6. Keep the Agent’s data in the Portal available to the Agent, and store payment credentials only with Stripe.
  7. Stand behind the work through the Launch Lock.

9. Limitation of liability

Lumen’s total liability for any claim arising out of a Launch is capped at the fees paid for that affected Launch. Neither party is liable to the other for indirect, incidental, or consequential damages, including lost commissions, lost profits, or claims tied to a listing’s market performance; Section 2’s no-sale-outcome rule is part of the deal, and the Agent agrees no claim may be premised on media affecting a sale result. Nothing in this section limits the remedies the Launch Lock itself grants, the Agent’s payment obligations, or liability that cannot be limited under law. For The First Launch, where no fee is paid, Lumen’s liability is capped at the published Standard Launch price.

10. Term and termination

These Terms apply from the Agent’s first account use or booking and continue until terminated. Either party may terminate at any time by written notice (email or Portal message is sufficient). On termination: Launches already delivered stay billed and licensed; a Launch still in production is completed and billed, or cancelled under Section 3; Listing Pro winds down under Section 4.6; and Sections 4 (amounts owed), 5 (the Launch Lock, for Launches booked before termination), 6 (license terms), 9, and 11 survive.

Lumen may suspend or terminate an account for non-payment after the automatic retries are exhausted, for a dispute filed in breach of Section 4.5, for abusive conduct toward Lumen personnel, or for use of the Portal in violation of law. Suspension does not erase either side’s accrued obligations.

11. Governing law and disputes

These Terms are governed by Maryland law, without regard to conflict-of-law rules. The parties will try direct good-faith resolution first; the Launch Lock is the intended first stop for any delivery or quality complaint.

Exclusive venue for any dispute is the state courts of Montgomery County, Maryland. These Terms contain no arbitration clause.

12. Changes to these Terms

Lumen may update these Terms prospectively. Updates are posted in the Portal and sent to the Agent’s email on file, with the new effective date. A Launch is governed by the Terms in effect when it was booked; changes never apply retroactively to an already-booked Launch, an already-issued Invoice, or a Launch Lock claim already made. Continuing to book after the effective date is acceptance of the updated Terms. Price changes to the published menu likewise apply only to bookings made after the change.

13. Text messages

By booking a Launch, or by sending a request through the Lumen site, the Agent agrees to receive transactional text messages about that work:

Booking updates and shoot reminders from Lumen Listing, sent by text: up to ~4 messages per shoot. Message and data rates may apply. Reply STOP to opt out, HELP for help.

Text updates are never a condition of booking. Opting out stops texts only: the same updates continue by email and in the Portal, and nothing about a booking or its delivery changes. How contact information is handled is covered by the Privacy Policy.

14. General

Notices go to the Agent’s email on file and to Lumen at the team’s published contact address. Assignment: the Agent’s account is not transferable; Lumen may assign these Terms in a sale of the business, with the same obligations. Severability: if a clause fails, the rest stands. No partnership: Lumen is an independent contractor to the Agent; nothing here creates an agency, employment, or brokerage relationship. Entire agreement: Section 1’s document stack is the whole agreement and replaces any prior oral description of the service.

Per-Listing Media License

Version 1.0 · Effective: July 10, 2026

This license is incorporated by reference into the Agent Service Terms above and is accepted per Listing at booking. Delivery commitments and remedies (the Launch Lock) live in the Agent Service Terms and the Guarantee Terms, not here; this license governs ownership and permitted use of Media only.

1. Parties and formation

1.1 Licensor. Gavin Shirley, a Maryland sole proprietor doing business as Lumen Listing (“Lumen”), the team that creates and owns the Media.

1.2 Licensees. The real estate licensee who orders the Launch (the “Agent”) AND the brokerage with which the Agent is affiliated for the Listing (the “Brokerage”), jointly. The Brokerage is a named licensee because Maryland listing agreements are broker-side contracts and MLS submission runs through the Brokerage; the Agent accepts on behalf of both and warrants authority to do so (Section 9.4).

1.3 Formation. This license takes effect for a given Listing when (a) the Agent books the Launch through the Lumen portal or with the operator and (b) Lumen delivers the Media, subject to the payment condition in Section 10. One license per Listing; it does not aggregate across Listings or transfer between properties.

2. Definitions

  • “Listing”: the specific property engagement identified at booking by street address and, once assigned, MLS number, for the specific listing agreement under which the Agent is marketing the property.
  • “Media”: all photographs, video (including reels), floor plans, twilight and drone captures, virtual tours, single-property-site content, and export variants (MLS, social, print) that Lumen creates and delivers for the Listing, under any tier (Standard Launch, Premium Launch, Signature Launch), any add-on, or The First Launch (the free first shoot). Media from The First Launch is licensed on identical terms; no payment having been due does not enlarge or reduce the grant.
  • “Listing Term”: the period from Delivery until the earliest of closing, expiration, withdrawal, or cancellation of the listing agreement for the Listing.
  • “Delivery”: the moment Lumen marks the Listing delivered in the portal and the property site unlocks.
  • “Marketing Reuse Consent”: the per-Listing consent flag defined in Section 8.2.
  • “Bright”: Bright MLS, Inc., and “MLS” includes Bright and any successor or additional multiple listing service the Brokerage lawfully submits the Listing to.

3. Ownership

3.1 Lumen creates the Media as an independent contractor and retains all copyright and other intellectual property rights in the Media. Nothing in this license or in any invoice, portal screen, or marketing description is a transfer of copyright, a joint-work designation, or a “work made for hire” agreement. What the Agent and Brokerage receive is the license in Section 4, exclusive within its scope but limited to it.

3.2 The Agent and Brokerage will not register, or assist any person in registering, any copyright claim in the Media, and will not remove or alter Lumen’s embedded metadata or credit from Media files. Operations performed automatically by the MLS or a portal on upload (compression, resizing, watermarking, the MLS copyright legend) are not a breach.

4. License grant to the Agent and Brokerage

4.1 Grant. Subject to this instrument, Lumen grants the Agent and the Brokerage a license to reproduce, display, distribute, publicly perform, and transmit the Media solely to market the Listing, in these channels:

  • (a) submission to the MLS (Section 5) and syndication from the MLS to real estate portals (Zillow, Realtor.com, Homes.com, IDX feeds, and similar);
  • (b) the Brokerage’s and the Agent’s own websites and the Lumen-hosted single-property site for the Listing;
  • (c) social media posts, reels, and stories marketing the Listing;
  • (d) print collateral for the Listing (flyers, postcards, brochures, signage riders);
  • (e) email marketing for the Listing, including coming-soon, just-listed, open-house, and under-contract announcements;
  • (f) presentation of the Listing to prospective buyers and cooperating agents in the ordinary course of brokerage.

4.2 Exclusivity. During the Listing Term the grant in 4.1 is exclusive to the Agent and Brokerage for listing-marketing use: Lumen will not license the same Media to any other agent or brokerage to market the same property while this license is active. Lumen’s own permitted uses (Section 8) and the license the MLS holds (Section 5) are carved out of this exclusivity.

4.3 Permitted modifications. The Agent and Brokerage may crop, resize, compress, and reformat Media for the channels in 4.1, and may add compliant brokerage branding on non-MLS materials. They may not materially alter what the Media depicts (adding, removing, or changing property features), commission derivative edits from third parties that do so, or present virtually staged or digitally altered variants without the disclosure the MLS and applicable law require. Superimposed text, branding, and contact information are prohibited on MLS-submitted images per Bright policy; that restriction is Bright’s, restated here for clarity.

4.4 No sublicensing except as stated. The only sublicenses the Agent and Brokerage may grant are (a) the license to the MLS in Section 5, (b) syndication inherent in MLS distribution, and (c) engagement of service providers (a printer, an email platform, a social scheduler) acting on the Agent’s or Brokerage’s behalf within the 4.1 channels. Everything else is Section 7.

5. Express Bright MLS authorization

5.1 Lumen expressly authorizes the Agent and Brokerage to submit the Media to Bright for the Listing, and to make on Lumen’s behalf the warranty of rights Bright requires of submitting subscribers.

5.2 Lumen expressly consents to, and authorizes the Agent and Brokerage to grant to Bright, the license Bright’s Policy on Images and Documents requires from submitters: a non-exclusive, perpetual, worldwide, transferable, royalty-free license to use, distribute, reproduce, display, adapt, create derivative works of, perform, and distribute the Media through the MLS service, sublicensable through multiple tiers, subject to Bright’s own policy limit that listing content is not distributed for advertising purposes without the subscriber’s prior consent. This grant to Bright is irrevocable once made and survives termination or expiration of this license (Section 11).

5.3 Because the submitting subscriber did not personally create the Media, Bright’s policy contemplates a copyright release from the rights holder. Lumen will execute Bright’s standard copyright release or consent form for the Listing on request, at no charge, within the scope of this instrument.

5.4 The same authorization applies to any successor MLS or additional MLS the Brokerage lawfully uses for the Listing, on that MLS’s equivalent required terms.

6. Term

6.1 Active term. The license in Section 4 runs for the Listing Term.

6.2 Post-closing tail. After the Listing Term ends by closing, the Agent and Brokerage retain a limited archival license for that transaction only: (a) status-update use, meaning just-sold and transaction-milestone announcements for the Listing on social, email, and print; (b) retention of the Media in transaction files, CRM records, and MLS sold records; (c) display of the Listing as a past transaction inside MLS and portal sold-history surfaces populated by the Section 5 grant.

6.3 Non-closing end. If the Listing Term ends by expiration, withdrawal, or cancellation, active marketing use under Section 4 stops. The retention rights in 6.2(b) continue. Re-marketing the property is Section 7.1 (relist) if by the same Agent, and Section 7.4 (excluded transfer) if by anyone else.

6.4 Agent changes brokerage mid-listing. If the Agent moves brokerages and the Listing lawfully moves with the Agent under a new listing agreement, this license follows the Agent to the successor brokerage for the same property upon written notice to Lumen, and the departed Brokerage retains only the 6.2(b) retention rights. If the Listing stays with the Brokerage and the Agent departs, the license remains with the Brokerage and the newly assigned agent for that same listing agreement.

7. Relist reuse, portfolio reuse, and excluded transfers

7.1 Relist by the same Agent, same property. If the same Agent relists the same property under a new listing agreement (a failed sale, an expiration and re-engagement, a future resale by the Agent), reuse of the Media for the new listing is permitted only with written confirmation from Lumen, requested through the portal or by message before resubmission. Lumen’s written confirmation serves double duty: it is the license grant for the new listing period, and it is the “express written consent of the rights holder” Bright’s policy requires before photos, tours, renderings, or narratives from a prior listing of the same property are reused. The confirmation is recorded on the Listing record as the consent artifact.

7.2 Condition check on relist. Relist confirmation may be declined or conditioned if the Media no longer fairly represents the property (renovations, staging changes, seasonal mismatch); the productive answer in that case is a refreshed Launch, not a fight over stale files.

7.3 Portfolio and self-promotion reuse by the Agent or Brokerage. Use of the Media in the Agent’s or Brokerage’s own portfolio, past-work gallery, listing presentations, or any other self-promotion surface, beyond the Section 6.2 post-closing tail, requires Lumen’s prior written consent. Consent is requested through the portal or by message and recorded on the Listing record the same way as relist confirmation under Section 7.1, and may be granted, conditioned, or declined per Listing.

7.4 Excluded reuse and third-party transfer. Everything not expressly granted is reserved. Without Lumen’s prior written consent, the Agent and Brokerage may not sell, give, lend, or otherwise transfer the Media, or permit its use, to or by: a different agent or brokerage marketing the same or any other property (including the buyer’s agent, and including a listing agent engaged by a subsequent owner); appraisers, other than transmission inside the MLS record itself; builders, developers, investors, or flippers marketing units or renovations; stagers, contractors, lenders, insurers, or vendors for their own marketing; media outlets or publishers, beyond ordinary listing syndication; any AI-training, dataset, or stock-imagery use. Requests are routed to Lumen and answered in writing; consent may carry a separate license fee at Lumen’s discretion.

7.5 The Agent is not responsible for downstream misuse by MLS sublicensees acting under the Section 5 grant, or for a third party scraping public portals; the Agent is responsible for transfers the Agent or Brokerage makes or knowingly permits.

8. Lumen’s portfolio and marketing use

8.1 Lumen’s use of the Media in its own portfolio, website, social channels, sample galleries, case studies, and proof surfaces is conditioned on the Marketing Reuse Consent flag being set for the Listing. No flag, no public reuse, regardless of how good the shoot was.

8.2 Marketing Reuse Consent is the Agent’s per-Listing attestation, captured in the delivery flow, that (a) the seller has not restricted public marketing of the property or its images, and (b) the Agent consents to Lumen’s portfolio and marketing reuse of the Media. It is the Agent’s attestation about the seller’s restrictions, not a promise Lumen makes to the seller and not a consent collected from the seller by Lumen (Section 9).

8.3 Listings without the flag, and listings the Agent later flags as seller-restricted, are excluded from every Lumen public proof and report surface. The Agent may withdraw Marketing Reuse Consent prospectively at any time by message; Lumen will remove the affected Media from Lumen-controlled surfaces within a commercially reasonable time. Withdrawal does not reach printed pieces already produced or third-party caches Lumen does not control.

8.4 Lumen’s reuse under this section is always as our own portfolio and proof, never as a re-marketing of the property, and never in a way that states or implies the seller or the property endorses Lumen. Lumen artifacts built from the Media carry the Agent’s contact and the brokerage identification Maryland advertising rules require, never Lumen’s own marketing of the property and never any seller-directed solicitation.

9. Warranties, seller relationship, and responsibility boundaries

9.1 No seller relationship. This license runs to the Agent and Brokerage only. The seller and any buyer are not parties, are not licensees, and are not third-party beneficiaries. Lumen’s client is the Agent; all seller communication about the Listing is redirected to the Agent per Lumen’s standing practice. Nothing here creates any agency, brokerage, or advisory relationship between Lumen and any party to the underlying transaction, and Lumen performs no activity requiring a Maryland real estate license.

9.2 No outcome warranty. Lumen warrants that it owns the Media and has the right to grant this license. Lumen makes no warranty, and this license implies none, about the sale price, sale speed, showing volume, or any market outcome of the Listing.

9.3 Agent warranties. The Agent warrants that: (a) a valid listing agreement authorizes the Agent and Brokerage to market the property and to authorize the shoot and property access; (b) MLS submissions, disclosures (including virtual-staging and image-alteration disclosures), and marketing built from the Media will comply with MLS policy, fair housing law, and Maryland advertising regulation, which are the Agent’s and Brokerage’s professional obligations, not Lumen’s; (c) any Marketing Reuse Consent attestation is true when made.

9.4 Authority to bind the Brokerage. The Agent accepting this license represents that the Agent is authorized to accept it on the Brokerage’s behalf for the Listing, or will obtain the Brokerage’s ratification before MLS submission.

10. Payment condition

10.1 For paid Launches, the Section 4 license becomes effective at Delivery and remains conditioned on payment in full of the per-Listing invoice under the Agent Service Terms. If the on-delivery charge fails and remains uncured through the dunning process, Lumen may suspend the Section 4 license by written notice until payment cures; suspension is Lumen’s remedy lever, not an automatic forfeiture.

10.2 Suspension or termination under 10.1 never reaches: the Section 5 grant already made to the MLS (irrevocable by design), the 6.2(b) retention rights, or completed printed materials. Practically, non-payment stops future marketing use and relist confirmation; it does not force a scrub of the MLS record.

10.3 The First Launch carries no invoice; its license is effective at Delivery unconditioned on payment. Listing Pro subscription status does not alter this instrument: each Listing’s license, once effective, survives later subscription cancellation on its own terms.

11. Termination and survival

11.1 This license terminates for a Listing: (a) automatically at the end of the Listing Term, leaving the Section 6.2 tail in place; (b) by Lumen for material breach (unauthorized reuse under 7.3, unauthorized transfer under 7.4, misrepresentation under 9.3, uncured non-payment under 10.1) on written notice, with a reasonable opportunity to cure where cure is possible; (c) by mutual written agreement.

11.2 Survival. The following survive any termination or expiration: Lumen’s ownership (Section 3); the grant to Bright and any other MLS (Section 5.2); the post-closing archival tail where the Listing closed (Section 6.2); retention rights (6.2(b)); the reservations and consent requirements of Section 7; the conditions on Lumen’s own reuse (Section 8); the warranties and boundaries of Section 9; and this Section 11.

11.3 Termination of the Agent Service Terms terminates the forward-looking booking relationship but does not retroactively terminate per-Listing licenses already effective, which continue on their own terms.

12. General

12.1 Governing law: Maryland. Venue: the state courts of Montgomery County, Maryland.

12.2 This instrument plus the Agent Service Terms and the guarantee terms page are the entire agreement on Media ownership and use for a Listing; a conflicting term on an invoice or portal screen does not amend it. Amendments apply prospectively to Listings booked after notice.

12.3 Written confirmation and written consent under this instrument include portal messages and email from Lumen’s verified address; the portal record is the consent artifact of record.

12.4 If any provision is unenforceable, the remainder stands, and the provision is read to the narrowest enforceable scope.

Questions about these Terms or the license? Reach us via gavin@lumenlisting.com.