Terms and Conditions

Brownell Design Studios LLC Terms & Conditions Effective Date: 2026

The user logged in hereinafter referred to as the “Client.” Brownell
Design Studios LLC is hereinafter referred to as the “Photographer.” By
scheduling or purchasing services from Photographer, Client agrees to
the following Terms and Conditions.

Services Provided Photographer provides professional real estate media
services including photography, aerial drone imagery, video
walkthroughs, floor plans, and related marketing media. Standard editing
(exposure correction, color balance, contrast adjustment, and
sharpening) is included unless otherwise specified. Advanced edits such
as object removal, twilight conversion, sky replacement, or virtual
staging may be available for an additional fee.

Payment Terms Payment is required before final media may be downloaded
or delivered. Media will remain inaccessible until full payment has been
received.

Orders that remain unpaid and unclaimed for more than thirty (30) days
after delivery notification may be considered abandoned. Photographer
reserves the right to refer unpaid balances to a collection agency or
legal counsel.

Administrative and Collection Costs Accounts referred for collection may
incur additional costs including collection agency fees, legal fees,
court costs, and administrative recovery expenses. Client agrees to
reimburse Photographer for reasonable costs associated with recovering
unpaid balances.

Unauthorized Use of Unpaid Work Any use, publication, distribution, or
display of Photographer’s images or video content prior to full payment
constitutes copyright infringement and may result in civil or statutory
damages under United States Copyright Law (17 U.S.C. § 504).

Rescheduling and Cancellations Photographer may reschedule sessions due
to illness, unsafe conditions, or inclement weather.

Clients should provide notice as soon as possible if rescheduling is
required.

Cancellation Fees Photography-only appointments canceled within
twenty-four (24) hours may incur a $75 cancellation fee.

Video-related appointments canceled within twenty-four (24) hours may
incur a $125 cancellation fee.

If Photographer has already arrived on-site, a minimum service fee of
$75 may be charged to cover travel and scheduling time.

Refunds Due to the custom nature of professional media production and
digital delivery, all payments are nonrefundable once production or
editing has begun.

Delivery Timeline Typical delivery timelines are:

Photography services: approximately 24 hours after the shoot. Video
services: up to 72 hours depending on production complexity.

Delivery times may vary due to project complexity, weather conditions,
editing workload, weekends, or holidays.

Video Production Information Requirements For video productions, Client
is responsible for providing accurate property details prior to or at
the time of the shoot. This may include:

Property address Number of bedrooms and bathrooms Square footage Lot
size Special features or amenities to highlight Any marketing language
or details to include

If this information is not provided in advance, delivery may be delayed.
Photographer may obtain information through public sources at their
discretion and may charge additional administrative or research fees.

Photographer is not responsible for inaccuracies in property information
supplied by the Client. Revisions requested due to missing or incorrect
information may incur additional editing fees.

Digital Files After editing is completed, the agreed-upon number of
files will be delivered through an online gallery. Photographer
determines which images are delivered at their sole artistic discretion.
Not all images captured will be delivered.

Editing Editing style, color grading, and final presentation are part of
Photographer’s artistic process and are included in the service fee.

Archive and Storage Photographer archives delivered images for one (1)
year from the session date. After this period, files may be permanently
deleted. Clients are responsible for maintaining their own backup copies
after download.

Property Readiness Client is responsible for ensuring the property is
ready prior to the scheduled shoot. This includes cleaning, staging,
turning on lights, opening blinds, securing pets, and ensuring all areas
are accessible.

Photographer does not clean or stage properties. Minor adjustments may
be made at Photographer’s discretion.

If the property is not ready at the scheduled time, Photographer may: •
photograph only areas that are ready • reschedule the appointment •
charge a return trip or waiting fee

Travel and Mileage Standard pricing includes travel within a thirty (30)
mile radius of Cadiz, Kentucky. Locations beyond this distance may incur
a travel fee of $1 per mile based on round-trip distance.

Weather and Lighting Conditions Photography and video production rely on
natural lighting and weather conditions. Cloud cover, seasonal lighting,
sun position, and other environmental factors are outside Photographer’s
control.

Reshoots requested due to weather, lighting preferences, sun position,
or seasonal foliage changes may be treated as new appointments and may
incur additional fees.

Drone Operations and Privacy Drone operations are conducted in
compliance with FAA regulations. Aerial imagery captures general views
of properties and surrounding areas visible from public airspace.

Photographer does not intentionally capture images of individuals,
private activities, or neighboring properties beyond what is reasonably
visible from lawful airspace. Client understands that neighboring
properties may appear incidentally in aerial imagery and this does not
constitute a privacy violation.

Liability Photographer is not responsible for damage, loss, or injury
occurring at the property during the session except in cases of proven
gross negligence or willful misconduct.

Force Majeure Photographer will not be liable for delays or inability to
perform services resulting from events beyond reasonable control
including natural disasters, power outages, equipment failure, or other
acts of God.

Copyright Photographer retains full copyright ownership of all images
and media created. Copyright protection is established under United
States Federal Law.

Photographer reserves the right to use media for portfolio display,
marketing, advertising, website use, blog publication, competitions, and
social media platforms.

Client Usage License Client is granted a limited, non-exclusive,
non-transferable license to use delivered media solely for marketing the
specific property associated with the commissioned shoot.

Permitted uses include MLS listings, real estate marketing materials,
websites, and social media promotion related to the property.

The license remains valid until the property is sold or removed from the
market.

Property Relisting and License Renewal If a property is relisted,
transferred to another agent or brokerage, or marketed again after the
original listing expires, the original license does not transfer or
renew automatically.

A new license must be obtained from Photographer for continued or
renewed use.

Third-Party Usage Images may not be transferred, sold, or provided to
third parties including builders, designers, contractors, marketing
agencies, or other agents without written permission from Photographer.

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

Severability If any provision of this Agreement is deemed invalid, the
remainder of the Agreement shall remain in full force and effect.

Amendments Any amendments must be made in writing and agreed upon by
both parties.

Governing Law This Agreement shall be governed by the laws of the State
of Kentucky. Jurisdiction and venue shall reside in the state and
federal courts located within Kentucky.