REALVIDEOTOUR AGREEMENT

THIS REALVIDEOTOUR AGREEMENT (“AGREEMENT”) is entered into by and between 3db Productions, LLC, (“3db Productions”) located at 4921 Fountain Street, Boulder, Colorado 80304 (720-406-1480) and the parties (“Realtor” and/or “Homeowner”) listed below:

In exchange for receipt of payment for the RealVideoTour option selected below, and the parties’ agreement to be bound by this Agreement, 3db Productions, LLC will provide a RealVideoTour of the following real estate:

Date of Video Shoot:             __________________________

Name of Each Homeowner:  __________________________

Address of Property:             __________________________

                                                __________________________

MLS#:                                    __________________________

Asking Price:                          __________________________

Name of Realtor:                   __________________________

Address:                                 __________________________

                                                __________________________

                                                __________________________

Phone:                         __________________________

Select Desired RealVideoTour:

__ Slide Show RealVideoTour

(18-images used to generate a high quality web-based flash video slide show, royalty-free music, descriptive text, and Windows Media Video and iPod downloads)

__ Standard RealVideoTour

(High quality web-based flash video, 12-still images, royalty-free music, descriptive text, and Windows Media Video and iPod downloads)

__ Deluxe RealVideoTour

 (High quality web-based flash video, 18-still images, royalty-free music, descriptive text, Windows Media Video and iPod downloads, incorporate realtor voice over and/or realtor appearance into the RealVideoTour)

__ Custom RealVideoTour

(Something beyond the Standard or Deluxe RealVideoTour.  Please call for a quote)

RealVideoTour Extras:

__ Realtor.com Posting                                 $25.00 (for non-Showcase Listings)

__ Additional Still Photos                              $ 5.00/Photo

__ Evening Exterior Photo                            $75.00

__ DVD of RealVideoTour                           $25.00 / 1^st DVD -- $5.00 / Additional

__ Website Statistics Link:                           $25.00

__ Travel outside Boulder, County:  Starts at $25.00

Additional Terms and Conditions

1.         Unless a Homeowner or Realtor is present at the time the tour is shot, or the Realtor has made prior requests regarding shot selection, video and photo shots will be taken at the discretion of 3db Productions.  3db Productions will have no liability for video or photo shot selection.

2.         The price of the RealVideoTour includes photographs, filming, editing, production, and posting on 3db Productions’ Web Site.  3db Productions will present the final photographs and video for review and will allow one iteration for changes.  Additional iterations and/or consultations with the Homeowner or Realtor will be billed at the rate of $75 per hour with a 1 hour minimum charge.  The Homeowner or Realtor agrees to pay for the RealVideoTour and all iterations provided by 3db Productions within 10 days of the date of 3db Productions’ Invoice.

3.         After the RealVideoTour has been processed, it will be posted on 3db Productions’ Web Site.  Realtor may, if it wishes, create a link on its web site to 3db Productions’ Web Site and/or the RealVideoTour.  A Homeowner may also create a link on his/her personal web page to 3db Productions’ Web Site and/or the RealVideoTour.  Realtor and each Homeowner agree to indemnify, defend and hold harmless 3db Productions and each of its employees, agents, and insurers from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees and court costs) which in any way result from or arise out of the posting of the RealVideoTour on any Web Site or the transmission by email of the RealVideoTour.  In addition, Realtor and each Homeowner agree to indemnify, defend and hold harmless 3db Productions and each of its employees, agents, and insurers from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees and court costs) which in any way result from or arise out of any of 3db Productions’ activities while shooting the RealVideoTour on the Homeowner’s premises.

4.         3db Productions will not be responsible for any delays or inaccurate Web Site postings caused by incorrect or missing information.

5.         The RealVideoTour will become inactive and removed from 3db Productions’ Web Site upon request of the Homeowner or Realtor or when the listing contract expires.

6.                  All images and media are the sole property of 3db Productions, and 3db Productions reserves all rights to these images, media, and content.

7.                  Unless prior arrangements have been made, Realtor or a Homeowner must be present at the time the RealVideoTour is scheduled to be shot.

8.         Realtor is responsible for the appearance of the premises.  RealVideoTours of the premises will be shot either “as is” or, subject to Paragraph 3 above, 3db Productions may, in its discretion, make temporary changes to the interior or exterior in order to enhance the appearance of the subject of the shoot (e.g., open a curtain, move a piece of furniture, straighten a picture hanging on the wall).

9.         Realtor may reschedule a RealVideoTour shoot only if done so more than twenty-four hours prior to the time originally scheduled for the shoot; otherwise, a cancellation fee equal to 50% of the tour fee will be assessed.

10.       RealVideoTours may not be cancelled after 3db Productions appears at the RealVideoTour site.

11.       Realtor grants to 3db Productions a non-exclusive, worldwide, royalty-free license to use Realtor’s trademark and name solely in connection with the RealVideoTour to be posted on 3db Productions’ Web Site pursuant to this Agreement.  3db Productions acknowledges that Realtor owns said trademark and name and that nothing in this Agreement will give 3db Productions any right, title, or interest in or to said trademark or name other than the license granted in this Agreement.

12.       Each party represents and warrants that it has full power and authority to enter into and perform this Agreement.

13.       This Agreement will be governed by the laws of the State of Colorado without regard to the conflicts of law principles thereof.  Any action or proceeding arising from or relating to this Agreement or 3db Productions’ Web Site must be brought in a state court in Boulder, Colorado, and each party irrevocably submits to the jurisdiction and venue of such courts.

14.              This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous agreements among the parties, written and oral, in respect of the subject matter hereof.  No changes, modifications or waivers to this Agreement will be effective unless in writing and signed by each party.

By their signatures below, and for good and sufficient consideration as set forth above, the parties agree to be bound to and by this Agreement.