This Subscriber License Agreement ("Agreement") is entered into between:
Licensor: Kyra Coates Productions LLC, doing business as Foothills Film + Footage ("FFF"), a Colorado limited liability company, with its principal place of business in Longmont, Colorado.
Subscriber: The individual or entity identified at the time of subscription enrollment ("Subscriber"), including any authorized users permitted under the applicable subscription tier.
This Agreement governs Subscriber's access to and use of the Foothills Film + Footage video content library ("Library") available at foothillsfilmandfootage.com.
Subscriber's rights under this Agreement are determined by the active subscription tier at the time of use.
| Tier | Authorized Users | Includes |
|---|---|---|
| Solo Agent | 1 agent | Unlimited library downloads |
| Solo Pro | 1 agent | Library + 1 neighborhood shoot/month |
| Team (2–5 agents) | Up to 5 agents | Library + 2 neighborhood shoots/month |
| Brokerage (6+ agents) | Unlimited agents at one brokerage | Library + 3 shoots/month + priority requests |
Subscriber is responsible for ensuring that all authorized users comply with the terms of this Agreement. Sharing login credentials with individuals outside the authorized user count is a material breach of this Agreement.
Subject to Subscriber's compliance with this Agreement and timely payment of all applicable fees, FFF grants Subscriber a limited, non-exclusive, non-transferable, revocable license to:
MLS Authorization: The license granted herein is intended to constitute and shall serve as FFF's authorization to Subscriber to submit Licensed Content to MLS systems, including IRES MLS, and to warrant to such MLS systems that Subscriber is fully authorized to license such content for MLS compilation purposes.
Subscriber may NOT:
All video content in the Library is and remains the exclusive intellectual property of Kyra Coates Productions LLC. This Agreement grants a license to use clips — it does not transfer ownership of any content. FFF retains all copyright, moral rights, and ownership interests in all Library content at all times.
Subscriber acknowledges that FFF may continue to license the same Library clips to other subscribers simultaneously. This is a non-exclusive license.
Subscribers on Solo Pro, Team, and Brokerage tiers are entitled to neighborhood or location shoots as specified in their tier. The following terms apply to all included shoots:
Subscriber agrees to pay the applicable monthly or annual subscription fee as listed on foothillsfilmandfootage.com at the time of enrollment. Fees are subject to change with 30 days' written notice.
This Agreement begins on the date of Subscriber's enrollment and continues for the duration of the active subscription period.
FFF represents and warrants that it owns or controls the rights to all content in the Library sufficient to grant the license described in this Agreement, that Library clips are cleared for commercial real estate marketing use as described herein, and that FFF carries drone liability insurance for all commercial aerial footage in the Library.
Subscriber represents and warrants that Subscriber has the authority to enter into this Agreement on behalf of any brokerage or team covered by the subscription, will use Library clips only as permitted under this Agreement, and will not use Library clips in any manner that violates applicable law.
To the maximum extent permitted by applicable law, FFF's total liability to Subscriber for any claim arising out of or related to this Agreement shall not exceed the total subscription fees paid by Subscriber in the three (3) months preceding the claim.
FFF shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or lost business opportunities, even if FFF has been advised of the possibility of such damages.
Subscriber agrees to indemnify, defend, and hold harmless FFF, its members, officers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to Subscriber's use of Library clips in violation of this Agreement or applicable law.
(a) Retroactive License Fee. If Subscriber or any authorized user uses, displays, distributes, or incorporates Library clips after this Agreement has been terminated or has expired, or permits use by individuals outside the authorized user count for Subscriber's tier, Subscriber shall pay FFF a retroactive license fee of three (3) times the then-current à la carte per-clip rate for each clip used without authorization, for each month (or partial month) of unauthorized use. This fee is in addition to, and not in lieu of, any other remedies available to FFF under this Agreement or applicable law.
(b) Injunctive Relief. Subscriber acknowledges that unauthorized use of Library clips may cause irreparable harm to FFF for which monetary damages would be inadequate. Accordingly, FFF shall be entitled to seek immediate injunctive or equitable relief in any court of competent jurisdiction to prevent or restrain any unauthorized use of Library clips, without the necessity of posting a bond or proving actual damages.
(c) Takedown and Removal. FFF reserves the right to issue DMCA takedown notices or direct removal requests to any platform, MLS system, social media service, or hosting provider displaying Library clips in violation of this Agreement. Subscriber agrees to cooperate promptly with any removal request from FFF and to remove all unauthorized uses within five (5) business days of receiving written notice.
(d) Compliance Verification. Upon reasonable written request and no more than once per calendar year, FFF may request that a former Subscriber confirm in writing that all use of Library clips has ceased and that no Library clips remain in active marketing materials, MLS listings, or digital platforms. Failure to respond within fifteen (15) business days of such request shall constitute a material breach of this Agreement.
(e) Attorneys' Fees and Costs. In any action or proceeding to enforce this Section 12, the prevailing party shall be entitled to recover its reasonable attorneys' fees, court costs, and expenses of enforcement from the non-prevailing party.
This Agreement is governed by the laws of the State of Colorado, without regard to conflict of law principles. Any dispute arising out of or related to this Agreement shall first be submitted to good-faith mediation in Boulder County, Colorado before initiating any litigation.
This Agreement constitutes the entire agreement between FFF and Subscriber with respect to Library access and supersedes all prior discussions, representations, and agreements. FFF reserves the right to update this Agreement with 30 days' written notice to Subscriber. Continued use of the Library following notice constitutes acceptance of the updated terms.
By enrolling in a Foothills Film + Footage subscription, Subscriber acknowledges having read, understood, and agreed to the terms of this Agreement. Electronic acceptance at time of checkout constitutes a legally binding signature. Team and Brokerage subscriptions requiring a countersigned copy will receive one directly from Kyra Coates Productions LLC.