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TERMS AND CONDITIONS

Last updated: June 4, 2026

Welcome to our website. By accessing and using this website, or booking our professional photography and videography services, you agree to comply with and be bound by the following Terms and Conditions.

The terms "Company", "We", "Us", or "Our" refer to the business owner, including Brian Andrew and Brian Andrew Entertainment LLC. The term "You" refers to the user, client, or visitor of our website and services.

1. General Website Use

  • The content of this website is for your general information and use only. It is subject to change without notice.

  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

2. Creative Media Services (Photography & Videography)

For clients booking headshots, portraits, real estate, or video services:

  • Bookings & Retainers: A non-refundable retainer or deposit may be required to secure your session date and time.

  • Cancellations & Rescheduling: Notice of cancellation or rescheduling must be made within the timeframe specified in your specific booking confirmation.

  • Client Usage License & Third-Party Distribution: Clients are granted a specific, non-exclusive usage license strictly for personal, non-commercial use (e.g., personal social media sharing, prints for family) as outlined in their individual service contracts. You are strictly prohibited from transferring, gifting, selling, or sub-licensing any media files to third-party commercial entities - including but not limited to wedding venues, event coordinators, florists, clothing brands, or other business vendors - for their commercial or promotional use without express, written permission and a separate commercial licensing agreement from the Company. If a vendor requests media from your session for commercial promotion, they must be directed to contact us directly to acquire an authorized commercial license.

  • Portfolio & Promotional Display: The Company reserves the right to display select images and video footage from our client sessions on this website, our social media channels, and in marketing materials to showcase our professional portfolio. If you have specific privacy concerns or require a completely confidential session (e.g., proprietary real estate or unreleased commercial media), this must be requested and agreed upon in writing prior to your shoot.

3. Intellectual Property & Strict Enforcement

We take the protection of our creative work and digital property incredibly seriously.

  • Ownership: All imagery, video footage, website copy, graphics, and design layouts displayed on this website are the exclusive intellectual property of Brian Andrew and Brian Andrew Entertainment LLC unless otherwise noted.

  • Prohibited Use: You are strictly prohibited from copying, downloading, reproducing, scraping, redistributing, or using any media or content from this website for personal or commercial use without express, written permission from us.

  • Enforcement Policy: If you are caught using our intellectual property, media, or copyrighted materials without authorization, we will enforce our legal rights immediately and aggressively. This includes, but is not limited to, issuing formal DMCA takedown notices to your web hosts, demanding immediate removal, and pursuing formal legal action for copyright infringement.

  • Liquidated Damages (Per-Item Basis): Any unauthorized use, reproduction, or distribution of our media, text, or intellectual property for commercial purposes will result in an immediate retroactive assessment calculated from the initial date of infringement. You agree to pay an initial base Liquidated Damages fee equal to $1,500 USD for each individual photo, video, or piece of intellectual property used. Furthermore, if you continue to use, display, or distribute the infringing material after receiving written notice to cease and desist, you agree to pay an additional compounding penalty of $100 USD per calendar day for each individual piece of intellectual property that remains in use, plus all associated legal fees, collections costs, and recovery expenses. Both parties explicitly agree that these Liquidated Damages represent a genuine, fair, and reasonable pre-estimate of the financial harm, market devaluation, and extensive administrative and legal costs associated with tracking and enforcing unauthorized intellectual property theft, and do not constitute a mere penalty.

4. Indemnification

You agree to defend, indemnify, and hold harmless Brian Andrew, Brian Andrew Entertainment LLC, and any associates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to this website, your violation of any of these Terms and Conditions, or your infringement of any third-party intellectual property or privacy rights.

5. Payment Terms & Billing

  • All payments processed through this website or via direct digital invoices are handled securely via third-party processors (such as Stripe).

  • By providing a payment method, you authorize us to charge the specified total amount for the services rendered.

6. Limitation of Liability

To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of our website or creative services.

 

7. Severability

If any provision or sentence of these Terms and Conditions is found to be unenforceable, invalid, or illegal under applicable law by a court of competent jurisdiction, that specific provision shall be modified or severed only to the minimum extent necessary, and the remaining provisions of these Terms and Conditions shall remain in full force and effect.

 

8. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. Any legal action or proceeding relating to your access to, or use of, the website or services shall be instituted exclusively in a state or federal court located in Illinois.

 

9. Contact Us

If you have any questions about these Terms and Conditions or wish to request media usage permissions, please contact us at your designated business email address.

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