These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Client”) and Christopher Gunn Creative (“CGC,” “we,” “us,” or “our”), a business located Tennessee, regarding your use of our services. By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
CGC offers a range of marketing and creative services including but not limited to:
Specific services, deliverables, timelines, and pricing will be outlined in individual proposals, contracts, or statements of work (“SOW”) provided to Client.
All services, quantities, specifications, and timelines are explicitly defined in the applicable Service Schedule or SOW. Any work not specifically listed is considered outside the scope of the agreement.
Any requests beyond the defined scope will require:
Neither party is, by virtue of this agreement, authorized as an agent, employee, or legal representative of the other. Both parties maintain independent contractor status throughout the engagement.
All creative work will meet current industry standards for the respective mediums (web design, video production, graphic design). CGC reserves the right to refuse creation of content that violates professional standards, legal requirements, or ethical guidelines.
Payment terms vary by project and will be specified in your proposal or SOW. Standard payment structures include:
Invoices will be sent via email. Late payments may result in suspension of services and may incur late fees of 1.5% per month on outstanding balances. CGC reserves the right to withhold deliverables until full payment is received.
Costs for third-party services, stock assets, advertising spend, or other expenses not included in the original proposal will be billed separately and are the responsibility of the Client.
CGC acknowledges that they will receive an IRS Form 1099-MISC from Client. Client shall not withdraw any applicable tax funds from any fees paid to CGC. CGC and Client shall each be solely responsible for all federal, state, and local taxes applicable to them.
All payments made to CGC are non-refundable. Once work has commenced, Client is responsible for payment regardless of project completion status.
Either party may terminate this agreement by providing thirty (30) days written notice to the other party.
This agreement may be immediately terminated for material breach of terms by either party, provided the breaching party is given seven (7) days written notice to cure the breach.
Upon termination for any reason:
For ongoing monthly services (social media management, website hosting, content creation):
If Client deems work unsatisfactory, CGC shall have seven (7) days to provide one revision to cure. If Client remains unsatisfied after the cure period:
Upon termination:
All project timelines provided are estimates and represent CGC’s best effort to meet deadlines. CGC does not guarantee specific delivery dates and is not liable for delays caused by Client feedback delays, scope changes, third-party dependencies, or unforeseen circumstances.
Timely project completion depends on Client providing:
Delays caused by Client may result in extended timelines without penalty to CGC.
The project is considered complete when all deliverables have been delivered and approved according to the approval process outlined in Section 6, or deemed approved per the approval timeline.
Client is entitled to three (3) rounds of revisions per deliverable at no additional cost. Each round may include multiple feedback items but must be submitted together as a complete revision request.
For projects involving multiple similar deliverables (e.g., video campaigns, social media series, multi-page websites), CGC may implement a phased approval process:
Once representative samples are approved, remaining deliverables of similar nature will follow the established specifications with limited revision opportunities.
After representative samples are approved, subsequent similar deliverables are entitled to one (1) round of minor revisions only (text changes, small adjustments). Major revisions to approved specifications will be billed as additional work.
A revision is a modification to existing work. Requests for new deliverables, additional pages, extra video segments, or scope expansion constitute additional work subject to separate pricing.
Beyond the included three rounds, additional revisions are billed at $150 per hour. Client will receive written estimate and approval before additional revision work begins.
Upon receipt of full and final payment, Client will receive ownership and copyright of custom deliverables created specifically for Client (e.g., logos, website designs, video content).
CGC reserves the right to use completed work in its portfolio, case studies, marketing materials, and promotional activities after such work has been made public by the Client. Portfolio rights include:
Timing Clarification: If Client delays or chooses not to make work public within 90 days of final delivery, CGC may use the work for portfolio purposes regardless of Client’s publication status.
CGC may incorporate third-party licensed assets including stock photography, fonts, icons, music, and other materials into Client deliverables. These assets are licensed for use in the specific project and may not be extracted, resold, or repurposed independently by Client. Client agrees to comply with all licensing restrictions associated with such assets.
Any pre-existing intellectual property, templates, code libraries, or proprietary tools used by CGC remain the property of CGC or their respective owners.
Client warrants that all content, materials, testimonials, claims, and information provided to CGC are:
It is the Client’s sole and exclusive responsibility to ensure that all legal requirements for Client’s business are met, including but not limited to:
Client warrants that all testimonials, before/after photos, case studies, and claims provided for marketing use are authentic, authorized, and compliant with applicable truth-in-advertising laws.
If Client subscribes to website hosting services through CGC, CGC will make reasonable efforts to ensure uptime and security. However, CGC does not guarantee 100% uptime and is not liable for downtime caused by third-party hosting providers, cyberattacks, or force majeure events.
Client acknowledges that:
If Client uses third-party hosting services, Client is solely responsible for uptime, security, backups, and technical support related to hosting.
While CGC will use reasonable care to ensure marketing content accuracy, Client acknowledges and agrees that:
Neither party shall be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, regardless of the theory of liability.
Services are provided “as is” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Client shall defend, indemnify, and hold CGC harmless (including all affiliates, officers, directors, employees, agents, successors, and assigns) from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees) arising out of or resulting from:
CGC shall defend, indemnify, and hold Client harmless from claims arising solely from:
CGC acknowledges that they may receive confidential and/or proprietary information relating to Client’s business, including but not limited to:
CGC agrees to:
These confidentiality obligations shall survive termination of this agreement and remain in effect indefinitely unless otherwise specified in writing.
CGC is not liable for any failure to perform due to causes beyond reasonable control including, but not limited to:
In the event of force majeure:
If a force majeure event continues for more than sixty (60) consecutive days, either party may terminate this agreement with written notice. In such cases:
The agreement will immediately terminate upon death, documented disability, business dissolution, or bankruptcy of either party. In such cases, no termination fees apply, but all accrued fees remain due.
CGC and Client acknowledge that nothing contained herein establishes an exclusive relationship between the parties. CGC shall be free to continue working for and taking new clients without regard to Client and does not need Client approval for any such work. Client is also free to hire additional marketers for any work and does not need CGC’s approval to do so.
This agreement shall be governed by and construed in accordance with the laws of the State of Tennessee. Any legal action, suit, or proceeding arising out of or relating to this agreement shall be instituted exclusively in the state or federal courts located in Sumner County, Tennessee. Both parties hereby consent to the jurisdiction of such courts and waive any objection to venue in such courts.
In the event of any legal action to enforce this agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs from the non-prevailing party.
Prior to initiating any legal action, the parties agree to attempt resolution through good faith negotiation for a period of thirty (30) days after written notice of the dispute.
CGC reserves the right to modify these Terms at any time. Updated Terms will be posted with a revised “Last Updated” date. Continued use of services after modifications constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms, together with any proposals, SOWs, Service Schedules, or contracts, constitute the entire agreement between Client and CGC and supersede all prior agreements, understandings, or representations.
For questions regarding these Terms, please contact:
By engaging Christopher Gunn Creative’s services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
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