Terms of Service

This document is provided for transparency and general information. It is not legal advice; please have a licensed attorney review it for your specific situation.

These Terms of Service ("Terms") govern your use of brandworks.us (the "Site") and any photography services provided by BRANDWORKSAPP LLC ("Company," "we," "us"), a Florida limited liability company (Reg. L25000543729). By using the Site or engaging our services you agree to these Terms. Specific shoots are also governed by a separate written estimate or agreement, which controls if it conflicts with these Terms.

1. Acceptance of Terms

By accessing the Site or booking services, you confirm you are at least 18 and able to enter a binding contract, and you accept these Terms and our Privacy and Cookie Policies.

2. Services

We provide commercial photography including restaurant and food, real estate, automotive, luxury product, footwear/fashion and architecture photography, plus real and AI-assisted imagery for use on Google Business Profiles, websites, advertising and print. The Site is a portfolio and contact point; it is not an offer of guaranteed results.

3. Bookings, Estimates & Payment

A signed estimate and any required deposit confirm a booking. Quotes are valid for 30 days. Unless stated otherwise, a deposit is due to reserve the date and the balance is due upon delivery. Invoices are payable within the time stated; late balances may accrue reasonable interest and suspend delivery or licensing.

4. Cancellation & Rescheduling

You may cancel or reschedule by written notice. Deposits are non-refundable but may, at our discretion, be applied to a rescheduled date within 90 days. Cancellations within 48 hours of a shoot, or weather/location issues outside our control, may incur a fee covering reserved time and pre-production.

5. Refunds

Because services are custom and time-reserved, fees are generally non-refundable once work has begun. If we fail to deliver contracted images for reasons within our control, your sole remedy is a reshoot or a pro-rata refund of amounts paid for undelivered work.

6. Intellectual Property & Copyright

All photographs, video, AI-assisted imagery, and Site content are the property of BRANDWORKSAPP LLC and protected by U.S. and international copyright and trademark law. We retain copyright and authorship in all images unless a written full-buyout assignment is purchased. The marks "Brandworks" and "Brandworksapp" and our logos are our trademarks. Unauthorized copying, scraping, resale or redistribution is prohibited.

7. Licensing & Usage Rights

Upon full payment, clients receive a non-exclusive, perpetual commercial license to use delivered images for the purposes described in their estimate (e.g., Google profile, website, social media, advertising, print). Unless agreed in writing, licenses are non-transferable, do not include resale of the images themselves, and do not grant exclusivity. Additional or expanded usage (e.g., national campaigns, third-party licensing) may require a separate license.

8. Model, Property & Trademark Releases

The client is responsible for securing model releases from identifiable people, and property releases from owners, that appear in commissioned work, and for confirming it holds rights to any brands, logos, artwork or products depicted. The client represents it has such rights and agrees to indemnify us against claims arising from missing releases or third-party rights.

9. AI-Generated & AI-Assisted Imagery

Some deliverables may be created or enhanced using AI tools to achieve photorealistic results ("AI realism"). We disclose this on request and, where a client or platform requires, will label AI-generated content. The client is responsible for ensuring AI-assisted imagery complies with the advertising, disclosure and platform rules applicable to its industry. We do not create imagery intended to deceptively misrepresent a product or to defame any person.

10. Client Responsibilities

Clients agree to provide accurate briefs, timely access to locations and products, lawful subject matter, and required approvals. Delays, unsafe conditions or inaccurate information may affect timelines and fees.

11. Portfolio & Promotional Use

We may display delivered work in our portfolio, website and social media unless a written confidentiality clause is agreed. Clients may request removal of specific images from our marketing by emailing info@brandworksapp.us.

12. Acceptable Use of the Site

You agree not to: use the Site unlawfully; attempt unauthorized access; use bots or scrapers; download, copy or redistribute images without authorization; or interfere with the Site’s operation.

13. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not warrant specific marketing, ranking or sales outcomes.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDWORKSAPP LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE GIVING RISE TO THE CLAIM.

15. Indemnification

You agree to indemnify and hold harmless BRANDWORKSAPP LLC, its members, employees and agents from claims, damages and expenses (including reasonable attorneys’ fees) arising from your use of the Site or services, your content, or your breach of these Terms or third-party rights (including missing releases).

16. Force Majeure

We are not liable for delay or failure caused by events beyond our reasonable control, including weather, illness, equipment failure, acts of God, labor issues, or government action. Affected shoots will be rescheduled in good faith.

17. DMCA / Copyright Complaints

We respect intellectual property. To report alleged infringement on our Site, send a notice with the required DMCA elements (identification of the work, the material, your contact details, a good-faith statement and your signature) to info@brandworksapp.us.

18. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. The exclusive venue for disputes is the state or federal courts located in Osceola County, Florida, and you consent to their jurisdiction.

19. Dispute Resolution

Before filing any claim, you agree to first attempt to resolve the dispute informally by contacting us at info@brandworksapp.us. If unresolved within 30 days, the parties may pursue remedies as permitted by law. Each party bears its own costs unless a written agreement states otherwise.

20. Severability

If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary.

21. Changes to These Terms

We may modify these Terms at any time; changes are effective upon posting with an updated date. Continued use constitutes acceptance.

22. Contact

BRANDWORKSAPP LLC
700 Siena Palm Dr, Suite 303
Celebration, FL 34747, USA
Phone: +1 (727) 370-2545
Email: info@brandworksapp.us

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