Terms & Conditions

Effective Date: November 13, 2025
Last Updated: November 13, 2025

1. Acceptance of Terms

By accessing and using this website and purchasing products or services from Brian Bilbo Visuals ("we," "us," or "our"), you ("customer," "you," or "your") agree to be bound by these Terms & Conditions. If you do not agree to these terms, please do not use this website or purchase our products or services.

These Terms & Conditions apply to all users of the website, including browsers, customers, and others who access or use the service.

2. Services Overview

Brian Bilbo Visuals provides:

Fine Art Prints: High-end photographic prints for purchase
Contract Photography Services: Professional photography for commercial and private clients
Contract Videography Services: Professional video production services
Aerial Photography & Videography: Licensed drone operations for photography and video capture

3. Print Sales & Fulfillment

3.1 Third-Party Fulfillment

Print products purchased through this website are fulfilled by Whitewall, a professional printing laboratory based in Germany. By purchasing prints from us, you acknowledge and agree that:

Your order will be processed and shipped by Whitewall on our behalf
Your shipping information will be shared with Whitewall for fulfillment purposes
Print quality, production times, and shipping are subject to Whitewall's capabilities and standards
International shipping times may vary based on customs processing and destination country

3.2 Production & Shipping Times

Standard production time: 5-10 business days after order confirmation
Shipping times vary by destination and selected shipping method
Estimated delivery times are provided at checkout but are not guaranteed
Delays may occur due to customs, weather, carrier issues, or unforeseen circumstances
We are not liable for shipping delays beyond our control

3.3 Pricing & Payment

All prices are listed in USD and are subject to change without notice
Prices include the cost of the print and standard production
Shipping costs, customs duties, and import taxes are additional and calculated at checkout
Payment is processed securely through our payment processor

Full payment is required before production begins

3.4 International Orders & Customs

International customers are responsible for all customs duties, import taxes, and fees imposed by their destination country
These fees are not included in our pricing and are the sole responsibility of the customer
We cannot predict or control customs charges
Refusal to pay customs fees may result in return or destruction of the package with no refund issued
Customers should research their country's import regulations before ordering

3.5 Print Quality & Color Accuracy

We use professional color management and high-quality materials
Monitor calibration and settings vary; printed colors may differ slightly from screen display
Minor variations in color reproduction are normal and not grounds for return
We cannot guarantee exact color matching to on-screen images

4. Returns, Refunds & Cancellations

4.1 Return Policy

Due to the custom nature of our print products:

All sales are final once production has begun
Returns are only accepted for damaged, defective, or incorrect items
Damage claims must be reported within 7 days of delivery with photographic evidence
Customer dissatisfaction with color, sizing, or artistic interpretation is not grounds for return
Custom orders cannot be returned unless damaged or defective

4.2 Order Cancellations

Once production has started, orders cannot be cancelled
Contact us immediately at info@brianbilbovisuals.com if you need to cancel an order
Cancellation requests must be submitted in writing

4.3 Damaged or Defective Items

If your print arrives damaged or defective:

Contact us within 7 days of delivery at info@brianbilbovisuals.com
Provide your order number and clear photos of the damage
Do not discard packaging materials (required for carrier claims)
We will assess the claim and provide a replacement or refund at our discretion
We are not responsible for damage caused by improper installation, handling, or display after delivery.

4.4 Lost or Stolen Packages

We are not responsible for packages marked as delivered by the carrier
Customers are responsible for providing accurate shipping addresses
We recommend purchasing shipping insurance for high-value orders
Claims for lost packages must be filed with the shipping carrier

5. Copyright & Intellectual Property

5.1 Ownership of Artwork

All images, photographs, videos, and artwork on this website are copyrighted works owned by Brian Bilbo Visuals
Purchase of a print grants you ownership of the physical print only, not the copyright or reproduction rights
You may not reproduce, copy, scan, photograph, or create derivative works from purchased prints

5.2 Prohibited Uses

You may NOT:

Reproduce prints for commercial purposes
Create digital copies or scans for any purpose
Use images in advertising, marketing, or promotional materials
Sell, license, or transfer prints with reproduction rights
Post high-resolution images of prints on social media or websites without permission

5.3 Personal Use Only

Prints are licensed for personal, non-commercial display only unless otherwise specified in writing.

6. Contract Photography & Videography Services

6.1 Service Agreements

All contract photography and videography services require a signed service agreement
Deposits are typically required to secure booking dates
Specific terms, deliverables, timelines, and usage rights are outlined in individual contracts
These Terms & Conditions are supplemented by service-specific agreements

6.2 Client Responsibilities

Clients agree to:

Provide accurate project information and requirements
Obtain necessary location permissions and permits
Ensure subject cooperation and availability
Pay according to agreed-upon terms
Provide feedback within specified timeframes

6.3 Copyright & Usage Rights for Contract Work

Unless otherwise specified in your service agreement:

Brian Bilbo Visuals retains copyright to all created works
Clients receive usage rights as specified in their contract
Additional licensing for expanded use may be negotiated separately
We reserve the right to use work in our portfolio and marketing materials unless restricted by contract

6.4 Cancellations & Rescheduling

Cancellation and rescheduling policies are specified in individual service agreements
Deposits may be non-refundable depending on timing and circumstances
Weather-related rescheduling for outdoor/aerial shoots is handled case-by-case

7. Aerial Photography & Videography Services

7.1 FAA Compliance

All aerial operations are conducted by a FAA Part 107 certified pilot
Operations comply with all federal, state, and local regulations
We reserve the right to cancel or postpone flights due to weather, safety concerns, or regulatory restrictions

7.2 Client Responsibilities for Aerial Work

Clients must:

Provide accurate location information and site access
Obtain necessary property owner permissions
Disclose any airspace restrictions (airports, military bases, etc.)
Ensure the location is legally accessible for drone operations
Understand that weather and safety conditions may affect scheduling

7.3 Liability & Safety

Safety is our highest priority and we reserve the right to refuse unsafe operations
Clients are responsible for ensuring ground safety during operations
We maintain appropriate insurance coverage for aerial operations
Clients may be required to sign additional liability waivers for aerial services

8. Website Use & Conduct

8.1 Acceptable Use

You agree to:

Use the website for lawful purposes only
Not interfere with website security or functionality
Not attempt to gain unauthorized access to any systems
Not use automated systems (bots, scrapers) to access the website
Not harvest or collect user information

8.2 Account Security

If you create an account:

You are responsible for maintaining password confidentiality
You are responsible for all activities under your account
Notify us immediately of any unauthorized use
We are not liable for losses due to stolen or compromised credentials

9. Privacy & Data Protection

Your privacy is important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms & Conditions by reference.

9.1 Data Sharing with Third Parties

By placing an order, you consent to us sharing necessary information with:

Whitewall (fulfillment partner) - for production and shipping
Payment processors - for transaction processing
Shipping carriers - for delivery
Service providers - for business operations
We only share information necessary to fulfill our services and do not sell your personal data.

10. Limitation of Liability

10.1 Disclaimer of Warranties

Our products and services are provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

10.2 Limitation of Liability

To the maximum extent permitted by law:

Brian Bilbo Visuals shall not be liable for any indirect, incidental, special, consequential, or punitive damages
Our total liability shall not exceed the amount paid for the product or service giving rise to the claim
We are not liable for delays, failures, or problems caused by third parties (including Whitewall, shipping carriers, or payment processors)
We are not liable for issues beyond our reasonable control (acts of God, war, strikes, government actions, etc.)

10.3 Geographic Limitations

Some jurisdictions do not allow limitations on implied warranties or liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Brian Bilbo Visuals, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

Your use of our website or services
Your violation of these Terms & Conditions
Your violation of any third-party rights, including copyright or intellectual property
Your provision of inaccurate information
Your unauthorized use of our copyrighted materials

12. Dispute Resolution

12.1 Governing Law

These Terms & Conditions are governed by the laws of the State of The State of Colorado, United States, without regard to conflict of law provisions.

12.2 Jurisdiction & Venue

Any disputes arising from these terms shall be resolved in the state or federal courts located in The State of Colorado. You consent to personal jurisdiction in these courts.

12.3 Informal Resolution

Before filing any legal action, you agree to contact us at info@brianbilbovisuals.com to attempt informal resolution of any dispute.

12.4 Class Action Waiver

You agree to resolve disputes with us on an individual basis only and waive any right to participate in class action lawsuits or class-wide arbitration.

13. Modifications to Terms

13.1 Right to Modify

We reserve the right to modify these Terms & Conditions at any time. Changes will be effective immediately upon posting to the website with an updated "Last Updated" date.

13.2 Continued Use

Your continued use of the website after changes are posted constitutes acceptance of the modified terms.

13.3 Material Changes

For material changes that significantly affect your rights, we will provide reasonable notice through website notice or email (if we have your email address on file).

14. Severability

If any provision of these Terms & Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15. Entire Agreement

These Terms & Conditions, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Brian Bilbo Visuals regarding use of our website and services.

16. No Waiver

Our failure to enforce any right or provision of these Terms & Conditions shall not constitute a waiver of that right or provision.

17. Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, natural disasters, government actions, labor disputes, or failures of third-party service providers.

18. Contact Information

For questions about these Terms & Conditions or to address any issues:

Email: info@brianbilbovisuals.com

19. Language

These Terms & Conditions are written in English. Any translations are provided for convenience only. In case of conflict, the English version shall prevail.

By using this website or purchasing our products or services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.