Terms of Service

Atrium Media Group

These Terms of Service (“Terms”) govern the purchase and use of services provided by Nicholas Bello Pereira, d/b/a Atrium Media Group (“AMG,” “we,” “us,” or “our”). By making a booking, purchasing a service, submitting payment, or authorizing AMG to perform services, the customer (“Client,” “you,” or “your”) acknowledges having had the opportunity to read and agrees to these Terms and the applicable policies incorporated by reference.

1. Services AMG provides media, marketing, and creative services, including real estate photography, vacation rental photography, multifamily and commercial photography, drone photography and video, video production, walkthrough videos, twilight photography, virtual tours, social media content and management, website development, digital marketing, property marketing materials, and other creative, digital, and media services. The specific scope of each project will be determined by the purchased package, proposal, estimate, invoice, booking confirmation, Service Agreement, or other applicable written document. If these Terms conflict with a project-specific agreement entered into between AMG and the Client, the provisions of that agreement will control with respect to the applicable project.

2. Booking, Invoicing, and Payment A booking will be considered confirmed only after AMG receives the payments, deposits, authorizations, and information required for that engagement, unless different booking confirmation, invoicing, or credit arrangements have been expressly agreed upon in writing.

2.1. Bookings Made Through the Website For bookings made directly through AMG’s website, the Client must satisfy the payment or deposit requirements presented during checkout for the booking to be confirmed, unless the website or a specific commercial arrangement expressly provides otherwise.

2.2. Bookings Made Outside the Website For engagements arranged outside the website, including those negotiated by email, telephone, messaging applications, proposal, estimate, invoice, Service Agreement, or another written or electronic document, the prices, deposits, installments, and other payment terms must be communicated to the Client and agreed upon by the parties. Unless a different deadline is expressly agreed upon in writing, full payment or the required initial deposit must be made within five (5) calendar days, with the first day being the day after the later of: (a) the Client’s acceptance of the terms of the engagement; or (b) the Client’s receipt of the applicable invoice containing payment instructions. The invoice must reflect the commercial terms previously accepted by the parties and must not unilaterally change any material terms of the engagement.

2.3. Date Reservations and Availability Allowing time for payment does not, by itself, confirm a booking, permanently reserve a time slot, or guarantee the availability of a date, time, or professional. AMG may continue making the requested time slot available until the payment or deposit required for confirmation is received, unless a written agreement provides for an advance hold. If the services are scheduled to take place before the end of the standard five-day payment period, AMG may require an earlier payment deadline, provided that the requirement is communicated to the Client before the booking is confirmed. Unless a written agreement authorizes payment after performance, any payment or deposit required for confirmation must be received before services begin.

2.4. Deposits and Remaining Balances When an engagement requires an initial deposit, the deposit is due within the period stated in the applicable proposal, invoice, or agreement. The remaining balance is due on the date or upon the milestone expressly agreed upon by the parties. If no specific deadline has been established, the remaining balance is due within five (5) calendar days, with the first day being the day after the later of: (a) the Client’s receipt of the final invoice; or (b) the Client’s receipt of AMG’s notice that the contracted materials are complete and available for release. Unless a written agreement authorizes payment after delivery, AMG may condition the release of final files, unwatermarked materials, high-resolution downloads, or other final deliverables on full payment of the amount due for the applicable engagement.

2.5. Deferred Billing and Special Commercial Terms AMG may, at its commercial discretion, offer certain clients deferred billing arrangements, including Net 7, Net 15, Net 30, or another agreed payment period. When expressly established in writing, those arrangements will take precedence over the standard five-day payment period for the applicable engagement or business relationship. Offering payment terms, credit, or deferred billing for one engagement does not obligate AMG to offer the same arrangement for future engagements.

2.6. Overdue Payments If an amount remains unpaid after its applicable due date, AMG may, upon notice to the Client and subject to applicable law, suspend services not yet performed; suspend or cancel upcoming appointments; withhold the release of materials or final files associated with the unpaid engagement; suspend new bookings or work; and condition the resumption of services on payment of the outstanding balance. Any rescheduling or resumption of services following payment will be subject to team availability. AMG does not guarantee that the original appointment date or delivery deadline can be maintained. These measures do not eliminate amounts already owed for services performed, expenses incurred, or cancellations subject to the applicable cancellation policy.

2.7. Payment Processing Payments may be processed by third-party providers, including Stripe. By providing a payment method, the Client represents that the Client is authorized to use it. AMG is not responsible for delays directly attributable to a financial institution, payment processor, or other third party, although AMG will make reasonable efforts to assist with payment-processing issues.

2.8. Taxes and Other Charges Displayed prices may exclude applicable taxes, fees, or other legally required charges unless expressly stated otherwise. When AMG is legally required to collect a tax, that tax may be added to the amount due. Applicable Texas sales and use tax may be added where legally applicable. Texas sales and use tax is calculated based on the delivery destination of the digital files under AMG’s approved tax rules.

2.9. Pricing and Billing Errors AMG may correct obvious pricing, description, calculation, or invoicing errors before performing the services, notifying the Client when applicable. If a correction materially changes a price previously accepted by the Client, AMG must obtain the Client’s agreement before proceeding, unless the correction relates exclusively to a legally required tax or charge.

2.10. Client’s Statutory Rights Nothing in this section limits or excludes cancellation rights, refund rights, or other protections that cannot validly be waived under applicable law. When an engagement is subject to a specific statutory cancellation right, AMG will comply with the applicable legal requirements.

3. Scheduling AMG will make reasonable efforts to accommodate the Client’s requested dates and times. A preferred date or time is not guaranteed until the appointment is confirmed. AMG may perform services through employees or qualified independent professionals within its network.

4. Property Access and Preparation The Client must ensure that the property is prepared and accessible at the scheduled time. As applicable, the Client must provide an accurate address and access instructions; valid lockbox, e-lock, electronic lock, or gate codes; keys; a local contact; authorization to enter; advance notice to occupants or security personnel; appropriate cleaning and preparation; proper restraint of animals; identification of restricted areas; and disclosure of known hazardous conditions. AMG professionals are not responsible for cleaning, moving heavy furniture, or substantial property preparation. An inability to access or reasonably perform services at the property because of circumstances attributable to the Client is subject to the cancellation policy.

5. Property Safety, Animals, and Hazardous Conditions The Client is responsible for providing reasonably safe conditions and disclosing known hazards before the appointment.

Relevant hazards include damaged floors, stairs, or structures; construction areas; exposed electrical installations; pools or other non-obvious hazards; aggressive or potentially dangerous animals; hazardous materials or substances; and other conditions that may present a material safety risk. Animals must be appropriately restrained when necessary to allow the services to be performed safely. AMG and its professionals may stop or refuse work when they reasonably determine that the conditions present a safety risk.

6. Weather and External Conditions AMG may reschedule all or part of an appointment when weather, airspace restrictions, regulatory requirements, safety concerns, or other circumstances make performance illegal, unsafe, or unsuitable. Rescheduling initiated by AMG for these reasons will ordinarily not incur a rescheduling fee.

7. Delivery Delivery times are estimates unless a specific deadline has been expressly guaranteed in writing. Standard photography will generally be delivered within the timeframe communicated for the engagement. Video, advanced editing, virtual tours, websites, campaigns, and more complex projects may require additional time. AMG is not responsible for delays caused by circumstances reasonably outside its control.

8. Revisions and Editing Corrections The Client may request up to two (2) rounds of editing corrections per delivered photograph at no additional charge, provided that the requests remain within the originally contracted scope and editing standard. A “round” means the set of changes requested for a particular photograph in a single submission. After the two included rounds, additional changes may be charged separately. Applicable charges will be communicated before the additional work is performed. Virtual staging, complex object removal or addition, advanced image manipulation, substantial changes to the originally agreed visual style, versions created for a different purpose, and other services outside the original scope may be charged separately, including when requested during either of the two included rounds. Verified errors caused by AMG’s own performance or editing will not count against the two included rounds when the correction merely brings the delivery into conformity with the contracted service.

9. Creative Discretion The Client acknowledges that creative services involve artistic and professional judgment. AMG retains reasonable discretion over composition, framing, lighting, image selection, editing, and processing unless specific requirements have been previously agreed upon. A subjective preference for a different style does not, by itself, constitute defective performance.

10. Third-Party Platforms and Services AMG does not control or guarantee the availability, performance, or continuity of MLS systems, Airbnb, VRBO, social networks, hosting providers, cloud storage, payment processors, or other third-party platforms.

11. Independent Contractors AMG may assign qualified independent professionals to perform all or part of the services. For services purchased directly from AMG, AMG will remain the Client’s primary commercial point of contact.

12. Drone Services Drone services are subject to applicable laws and regulations, weather, airspace restrictions, and safety requirements. AMG or the responsible operator may postpone, modify, or decline an operation that cannot be performed legally or safely.

13. Client Authority and Responsibilities The Client represents that the Client has sufficient authority to purchase the services, authorize access to the property, and provide access codes, keys, credentials, and instructions. The Client is responsible for obtaining any required permissions from owners, residents, guests, tenants, property managers, associations, and other relevant parties. Access information provided to AMG may be used solely for the performance of the contracted services.

14. Intellectual Property and Copyright Unless otherwise agreed in writing, AMG and/or the applicable rights holder retains intellectual property rights and copyright in the photographs, videos, and other content produced. Payment for services does not automatically transfer copyright. After full payment, the Client receives the usage license described in AMG’s Media Licensing Agreement. Copyright ownership, exclusivity, or additional rights may be requested separately and are subject to a separate proposal, additional payment, and a written agreement.

15. Portfolio and Promotional Use Unless otherwise agreed in writing or subject to an applicable confidentiality obligation, the Client authorizes AMG to use completed work in its portfolio, website, social media, advertising, presentations, and promotional materials. Reasonable confidentiality requests submitted in writing will be considered.

16. Refunds, Cancellations, and Rescheduling Cancellations or rescheduling requests made more than twenty-four (24) hours before the scheduled start time may be made without a cancellation fee. Requests made at least four (4) hours but no more than twenty-four (24) hours before the scheduled start time may result in a charge of up to fifty percent (50%) of the total scheduled service price. Requests made less than four (4) hours before the scheduled start time are subject to a charge of one hundred percent (100%) of the total scheduled service price. A charge of 100% may also apply in the event of a no-show when the Client’s presence is necessary; when the assigned professional has already been dispatched or is traveling to the property; when access is unavailable; when access codes, keys, or instructions are incorrect or unavailable; when the responsible local contact is

unavailable; when entry has not been authorized; or when the property is not reasonably ready because of circumstances attributable to the Client. The same charge may apply when animals, occupants, unsafe conditions, or other circumstances within the Client’s responsibility prevent reasonable performance of the services. All timing is measured from the originally confirmed service start time. Weather, airspace restrictions, safety concerns, or other circumstances reasonably determined by AMG may result in rescheduling without an additional charge. After substantial performance or delivery of completed digital content, payments are generally non-refundable except where required by law or where there has been a material failure to provide the contracted service. AMG’s Refund & Cancellation Policy supplements this section.

17. Chargebacks and Payment Disputes The Client is encouraged to contact info@atriummediagroup.com before initiating a chargeback or payment dispute so that AMG has an opportunity to investigate and resolve the matter. This provision does not eliminate any rights that cannot lawfully be waived.

18. Limitation of Liability To the maximum extent permitted by applicable law, the total aggregate liability of AMG and its owners, managers, employees, agents, and contractors arising from or relating to a particular service will be limited to the total amount actually paid by the Client to AMG for the specific project giving rise to the claim. To the maximum extent permitted by applicable law, AMG will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost revenue, profits, business opportunities, bookings, occupancy, or data, or for losses arising from circumstances reasonably outside its control. No limitation in these Terms applies where prohibited by applicable law.

19. Indemnification, Defense, and Hold Harmless To the maximum extent permitted by applicable law, the Client agrees to indemnify, defend, and hold harmless AMG, its owners, managers, employees, agents, and independent contractors from third-party claims, liabilities, losses, damages, judgments, reasonable costs, and expenses, including reasonable attorneys’ fees, to the extent arising from: (a) a dangerous or defective condition at the property that was known, or reasonably should have been known, to the Client; (b) an attack, bite, or other conduct of an animal under the responsibility or control of the Client, property owner, or occupant; (c) the Client’s failure to disclose material risks; (d) the absence of valid authorization for entry, photography, filming, or use of the property; (e) the Client’s violation of these Terms or applicable law; (f) inaccurate or unlawful information, instructions, or materials supplied by the Client; (g) acts or omissions of the Client or persons under the Client’s responsibility; or (h) third-party claims arising from materials or instructions supplied by the Client.

This obligation does not apply to the extent a claim is judicially determined to arise from AMG’s own negligence, willful misconduct, or unlawful conduct where such responsibility cannot lawfully be transferred to the Client. AMG will notify the Client within a reasonable time of claims for which it seeks indemnification and may participate in the defense through counsel of its choice.

20. Force Majeure AMG is not responsible for delays or inability to perform caused by severe weather, natural disasters, emergencies, government restrictions, power or internet outages, transportation disruptions, or other events reasonably outside its control.

21. Governing Law and Venue These Terms and disputes arising from or relating to the website or AMG’s services are governed by the laws of the State of Texas, United States, without regard to conflict-of-law principles. To the maximum extent permitted by applicable law, the exclusive forums for such disputes are the competent state courts located in Harris County, Texas, and the United States federal courts having jurisdiction over Harris County, Texas. The Client irrevocably waives, to the maximum extent permitted by applicable law, objections to the selection of those courts, including any claim that a proceeding has been brought in an inconvenient forum.

22. Class Action Waiver TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CLIENT AND AMG AGREE THAT ANY DISPUTE, CLAIM, OR CAUSE OF ACTION BETWEEN THEM WILL BE BROUGHT AND RESOLVED SOLELY ON AN INDIVIDUAL BASIS. THE CLIENT AND AMG WAIVE THE RIGHT TO BRING, PARTICIPATE IN, OR SEEK RELIEF AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, CONSOLIDATED PROCEEDING, OR SIMILAR PROCEEDING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Nothing in this section prevents the exercise of rights that cannot lawfully be waived.

23. Website Use Outside the United States AMG does not represent or warrant that its website, content, materials, or services are appropriate, available, or lawful in every jurisdiction outside the United States. Users accessing the website from other countries are responsible for complying with applicable local laws.

24. Electronic Communications The Client agrees to receive electronic communications relating to the Client’s relationship with AMG, including booking confirmations, payment communications, notices, and delivery information. To the maximum extent permitted by applicable law, electronic notices, agreements, disclosures, and other communications may satisfy applicable requirements that communications be provided in writing. This provision does not constitute consent to promotional communications when separate consent is required by law.

25. Language and Translations The official version of these Terms and AMG’s other policies is the English-language version. Translations may be provided for convenience only. In the event of a conflict, inconsistency, or discrepancy between the English version and a translation, the English version will control, to the maximum extent permitted by applicable law.

26. Formal Notices Unless expressly stated otherwise, legal notices and other formal communications to AMG must be sent to info@atriummediagroup.com or to an official business address designated by AMG for notices on its website. Notices to the Client may be sent to the email address provided during booking, registration, or contracting, or to an address subsequently updated by the Client. The Client is responsible for keeping contact information current. To the maximum extent permitted by applicable law, email notices will be deemed delivered twenty-four (24) hours after sending, unless the sender receives notice of a delivery failure, an invalid address, or another circumstance that creates reasonable doubt about receipt. Physical notices will be effective when actually received. AMG may also send notices by certified mail, postage prepaid and return receipt requested, or through another delivery service that provides proof of delivery. Routine communications concerning appointments, access instructions, schedule changes, media delivery, invoices, receipts, or customer support may be made by email, telephone, or electronic message and are not subject to the formal notice procedures in this section. Nothing in this section replaces any particular method of service of process, judicial notice, or other formal notification required by applicable law, procedural rules, or court order.

27. Contractual Limitation Period To the maximum extent permitted by applicable law, any legal action arising directly from these Terms or the contracted services must be filed within two (2) years after the cause of action accrues, except where applicable law does not permit that contractual limitation. After that period, the action will be barred to the maximum extent permitted by applicable law.

28. Severability If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that determination will not affect the remaining provisions. Whenever possible, the affected provision will be interpreted or enforced to the maximum extent permitted by applicable law in a manner consistent with its original purpose.

29. No Waiver AMG’s failure or delay in exercising or enforcing a right or provision does not constitute a waiver of that right or provision. A waiver relating to a particular event or obligation does not constitute a future or continuing waiver unless expressly established in writing.

30. Entire Agreement These Terms, the policies incorporated by reference, the booking confirmation, proposal, invoice, and any applicable Service Agreement or project-specific contract constitute the agreement between AMG and the Client concerning the services. A project-specific agreement duly entered into by the parties will control in the event of a direct conflict concerning that project.

31. Changes to These Terms AMG may update these Terms periodically. The version applicable to an engagement will generally be the version accepted when the engagement was entered into, unless a later change is required by law or expressly accepted by the parties.

32. Reservation of Rights All rights not expressly granted remain reserved to AMG and/or the applicable rights holders.

33. Acceptance By using the website’s booking functionality, making a reservation, submitting payment, or purchasing AMG services, the Client acknowledges having had the opportunity to access these Terms and agrees to be bound by them and the policies incorporated by reference.