Terms and Conditions

The user logged in hereinafter referred to as the “Client.” Brownell Design Studios is hereinafter referred to as “Photographer.” Photographer is in the business of providing professional photography services and products and by hiring Photographer, Client agrees Photographer will be the exclusive photographer during the session and no other photography will be allowed.

Rescheduling/Canceling. 
Photographer may reschedule the session due to Photographer’s illness or inclement weather and will work with Client’s schedule to reschedule as soon as possible. If Client needs to reschedule, Client will do his/her best to notify Photographer prior 24 hours prior of the session. A cancellation fee may be $75 if cancelation comes within 24 hours of the shoot.

Refunds.
Due to the custom nature of custom product and commercial photography, digital files cannot be returned and all money paid is nonrefundable.

Digital Files.
Approximately 2 days (48 hours) after the session date, the agreed-upon number of digital files will be available for viewing and downloading from an online, password-protected gallery. Client agrees and understands that Photographer, in their sole artistic discretion, decides which images taken during the session will be edited and presented in the Client’s gallery; not all images taken during the session will be presented to the Client.

Editing.
Client agrees and understands that Photographer edits the proofs at their own artistic discretion, and said editing is included in the session fee.

Archive and Storage.
The Photographer archives all proofed images from each session for a period of 1 year from the date of the session. After that time, the Photographer deletes all proofed images from their hard drive and all external hard drives. The Photographer is not responsible for digital files once they are downloaded by the Client. The Client is responsible for making electronic back-up copies of any digital files that are purchased from the Photographer and for keeping them in a safe place.

Site Preparation.
The Photographer is not responsible for the condition of the house. If the Photographer has to spend more than 15 minutes moving items to clear the space for photographs, a charge of $30 for each 15 minutes may be charged back to the client.

Force Majeure.
Photographer will not be liable to the Client for any loss resulting from an act of God, natural disaster (including but not limited to fire, earthquake, storm, hurricane, flood, lightning, and tornado.)

Copyright. 
Client understands that Photographer is the sole and exclusive holder and owner of the copyright of each image taken during the services provided under this Agreement and Client is receiving a Limited Commercial Use License as set forth below. Photographer retains all rights to the images, including but not limited to, the right to copy, display, and/or publish any and all images, for any reasons, including but not limited to marketing, advertising, print competitions, and for use on Photographer’s website, portfolio, blog, and social media platforms, including, but not limited to, Facebook, Instagram, and Twitter. Copyright protection is established United States Federal law and allows all violators to be punished to the full extent of the law.

Client Usage; Limited Commercial Use License.
Client is purchasing from Photographer high-resolution un-watermarked digital files and Photographer is issuing to Client an exclusive a perpetual limited license for Client’s limited commercial use of the digital files in the normal course of Client’s business, including, but not limited to, advertising, marketing, or other promotions, or on Client’s website, blog, or social media platforms until the respective home is sold. The Client understands that the license become null once the home is sold. The Client may request additional licensing at the Photographers discretion.  Client understands that the digital files are meant for print and online marketing and advertising materials or campaigns. The digital files may be not altered, edited, or manipulated in any way, except that Client may add their business name, logo, website or other advertising or marketing campaign text to the digital files so long as it does not affect the elements of the image as styled by Photographer. The digital files may not be used by anyone other than the client. The Client cannot sell, lease, or give images to third party. 

Assignment.
This Agreement may not be assigned by either party without the prior written permission of the other side.

Severability.
If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect.

Amendments.
Any amendments made and agreed upon must be in writing and signed by both the client and photographer.

Governing Law, Jurisdiction and Venue.
This Agreement shall be governed by the laws of the State of Kentucky without giving effect to the principals of conflicts of law. The parties consent to jurisdiction and venue in the state and federal courts located in the State of Kentucky.