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Effective Date: May 19, 2026
Agency Name: Sublime Studios LLC
Business Address: 708 Alberta Ct Wendell, North Carolina
Email: sublimeaesthetic0@gmail.com
Website: www.asublimeplace.com

These Terms of Service (“Terms”) govern the provision of creative, strategic, production, digital, and related professional services by Sublime Studios LLC (“Agency,” “we,” “us,” or “our”) to the individual or entity purchasing or receiving services (“Client,” “you,” or “your”).

By signing a proposal, estimate, Statement of Work, service agreement, or other written authorization that incorporates these Terms, the Client agrees to be bound by these Terms.

1. SERVICES

The Agency may provide services including, but not limited to:

  • Brand strategy and consulting

  • Branding and visual identity

  • Graphic design

  • Creative direction and art direction

  • Photography

  • Video and film production

  • Editing and post-production

  • Animation and motion graphics

  • Social media and digital content

  • Advertising and campaign creative

  • Website and digital design

  • Event and experiential creative services

  • Printing and production coordination

  • Other creative or professional services agreed upon in writing

The specific services, deliverables, fees, schedule, and project requirements will be described in a proposal, estimate, Statement of Work (“SOW”), work order, or other written agreement. 

2. SCOPE OF WORK

The Agency will perform only the services specifically identified in the applicable SOW, proposal, or written agreement.

Any service, deliverable, revision, meeting, production requirement, or request not included in the agreed scope may be considered additional work and may require:

  1. A revised estimate;

  2. A change order;

  3. An additional fee; or

  4. A separate agreement.

The Agency is not required to begin out-of-scope work until the Client approves any additional costs and terms.

3. PROPOSALS AND ESTIMATES

Unless otherwise stated, proposals and estimates are valid for 21 days from the date issued.

Estimates are based on the information available when prepared. Costs may change if the project scope, schedule, requirements, deliverables, or third-party expenses change.

The Agency will make reasonable efforts to notify the Client before incurring material costs beyond an approved estimate.

4. CLIENT RESPONSIBILITIES

The Client agrees to:

  • Provide accurate and complete project information;

  • Supply requested content, materials, files, credentials, and approvals;

  • Respond to Agency communications within a reasonable period;

  • Provide timely and consolidated feedback;

  • Identify the person authorized to make final decisions;

  • Obtain necessary permissions for Client-supplied materials;

  • Review deliverables carefully before approval or publication;

  • Make payments according to the agreed schedule.

Delays caused by the Client may result in adjusted deadlines, rescheduling, additional fees, or temporary suspension of the project.

5. PROJECT TIMELINES

Project timelines are estimates unless expressly identified as guaranteed deadlines in writing.

The Agency is not responsible for delays caused by:

  • Late Client feedback or approvals;

  • Changes to the project scope;

  • Missing or incomplete Client materials;

  • Third-party vendors or platforms;

  • Technical failures outside the Agency’s reasonable control;

  • Severe weather, emergencies, or events beyond reasonable control; or

  • Other circumstances described under the Force Majeure section of these Terms.

If a Client-caused delay materially affects the production schedule, the Agency may revise the timeline and charge reasonable rescheduling or restart fees.

6. FEES AND PAYMENT

Fees will be stated in the applicable proposal, estimate, invoice, or SOW.

Unless otherwise agreed in writing:

  • A deposit or retainer of 50% is required before work begins;

  • The remaining balance will be paid according to the agreed payment schedule;

  • Final deliverables may be withheld until all outstanding balances are paid;

  • Deposits and retainers are applied toward the project fee unless otherwise stated; and

  • The Client is responsible for approved third-party expenses and reimbursable costs.

The Agency may require milestone payments for larger or longer-term projects.

7. LATE PAYMENTS

Invoices are due within 14 days of the invoice date unless otherwise stated.

Past-due balances may be subject to:

  • A late fee of 25% to the extent permitted by law;

  • Suspension of services;

  • Withholding of deliverables;

  • Cancellation of scheduled production dates; and

  • Reasonable collection costs where permitted by law.

The Agency may pause work while an account remains past due. Any resulting schedule changes will not constitute a breach by the Agency.

8. REVISIONS

Unless otherwise stated in the applicable SOW, the project includes 3 rounds of revisions.

A “round of revisions” means one consolidated set of feedback submitted by the Client.

Additional revisions may be billed at:

25% of Full Project Fee  

Revisions that materially change the approved concept, direction, scope, or deliverables may be treated as new work.

9. CHANGE REQUESTS AND SCOPE CHANGES

A change in scope may include:

  • Additional deliverables;

  • New concepts after approval;

  • Significant changes in creative direction;

  • Additional production days;

  • Rush requests;

  • Additional formats or versions;

  • Additional meetings;

  • New platforms or distribution channels; or

  • Work not reasonably contemplated in the original agreement.

The Agency may provide a revised estimate or change order before proceeding.

10. CLIENT APPROVALS

The Client is responsible for reviewing all work before final approval.

Approval may be provided through email, project management software, electronic signature, or another agreed written method.

Once a deliverable is approved, changes may be treated as additional work.

The Agency is not responsible for errors that the Client approved or failed to identify during the review process, except to the extent otherwise required by applicable law.

11. CANCELLATION BY THE CLIENT

The Client may cancel a project by providing written notice.

If a project is canceled, the Client will be responsible for:

  • Work completed through the cancellation date;

  • Non-cancelable commitments;

  • Approved third-party expenses;

  • Applicable cancellation or kill fees stated in the SOW; and

  • Any other amounts already earned or incurred.

Unless otherwise stated in writing, amounts already paid are non-refundable to the extent they represent completed work, reserved production capacity, or non-recoverable expenses.

12. TERMINATION BY THE AGENCY

The Agency may suspend or terminate services if the Client:

  • Fails to make required payments;

  • Materially breaches an agreement;

  • Repeatedly fails to provide necessary information or approvals;

  • Requests unlawful, fraudulent, or seriously harmful activity;

  • Engages in abusive, threatening, discriminatory, or unsafe conduct toward Agency personnel or contractors; or

  • Creates circumstances that make continued performance impracticable or unsafe.

The Client remains responsible for amounts properly owed for work performed and expenses incurred before termination.

13. INTELLECTUAL PROPERTY AND OWNERSHIP

13.1 Final Deliverables

Unless otherwise stated in writing, ownership or licensed rights in final approved deliverables will transfer to the Client only after the Agency receives full payment.

The specific ownership arrangement may be defined in the applicable SOW.

13.2 Preliminary and Unused Work

Unless otherwise agreed in writing, the Agency retains ownership of:

  • Drafts;

  • Rejected concepts;

  • Unused designs;

  • Preliminary ideas;

  • Sketches;

  • Test materials;

  • Working files; and

  • Creative concepts not selected as final deliverables.

13.3 Agency Materials

The Agency retains ownership of its pre-existing:

  • Templates;

  • Processes;

  • Methods;

  • Tools;

  • Systems;

  • Frameworks;

  • Know-how;

  • Reusable assets; and

  • Other intellectual property developed independently of the Client project.

Where Agency-owned materials are incorporated into a final deliverable, the Client receives the rights necessary to use the final deliverable as agreed.

14. SOURCE FILES AND WORKING FILES

Editable files, raw files, project files, layered files, source code, raw footage, unedited photographs, production files, and other working materials are not automatically included unless specifically identified as deliverables.

If source or working files are requested, additional fees or licensing terms may apply.

15. THIRD-PARTY MATERIALS

Projects may include third-party materials such as:

  • Fonts;

  • Stock photography;

  • Stock video;

  • Music;

  • Sound effects;

  • Software;

  • Plugins;

  • Templates;

  • Website themes; or

  • Other licensed assets.

Third-party materials remain subject to the applicable third-party license terms.

The Client may be responsible for purchasing, maintaining, or renewing licenses required for continued use.

16. CLIENT-SUPPLIED MATERIALS

The Client represents that it has the necessary rights and permissions to provide and authorize the Agency to use any materials supplied by the Client.

These materials may include:

  • Logos;

  • Photographs;

  • Video;

  • Music;

  • Written content;

  • Trademarks;

  • Data; and

  • Other intellectual property.

The Client is responsible for claims arising from materials supplied by the Client where the Agency used those materials as authorized.

17. PORTFOLIO AND PROMOTIONAL USE

Unless otherwise agreed in writing or restricted by confidentiality obligations, the Agency may display completed and publicly released work for:

  • Portfolios;

  • Case studies;

  • Award submissions;

  • Social media;

  • Agency websites;

  • Presentations; and

  • Other self-promotional purposes.

The Agency will not knowingly publish confidential or unreleased Client information without authorization.

18. CREDIT AND ATTRIBUTION

Where appropriate and agreed, the Agency may receive reasonable creative credit for its work.

Any mandatory credit requirements must be stated in the applicable SOW or other written agreement.

19. CONFIDENTIALITY

Each party agrees to use reasonable care to protect confidential information received from the other party.

Confidential information does not include information that:

  • Is publicly available through no breach of these Terms;

  • Was already lawfully known to the receiving party;

  • Is independently developed without use of confidential information; or

  • Is lawfully received from a third party.

Separate nondisclosure agreements may apply when required.

20. INDEPENDENT CONTRACTOR RELATIONSHIP

The Agency is an independent contractor and not an employee, partner, joint venturer, or legal representative of the Client.

The Agency may use employees, freelancers, subcontractors, vendors, or production partners to perform portions of the services.

21. THIRD-PARTY VENDORS AND SUBCONTRACTORS

The Agency may engage third parties for services such as:

  • Printing;

  • Photography;

  • Videography;

  • Editing;

  • Animation;

  • Development;

  • Talent;

  • Equipment rental;

  • Locations;

  • Fabrication;

  • Shipping; and

  • Other production needs.

The Client is responsible for approved third-party costs. The Agency is not responsible for third-party failures beyond the Agency’s reasonable control, although the Agency will make reasonable efforts to coordinate and address issues.

22. EXPENSES

Unless included in the project fee, the Client may be responsible for approved expenses including:

  • Travel;

  • Lodging;

  • Mileage;

  • Parking;

  • Shipping;

  • Equipment rental;

  • Location fees;

  • Permits;

  • Talent;

  • Props;

  • Materials;

  • Printing;

  • Licensing; and

  • Other project-related expenses.

Any markup or administrative fee applied to third-party expenses should be stated in the applicable SOW or estimate.

23. PROJECT FILE STORAGE AND ARCHIVING

The Agency is not required to retain project files indefinitely.

Unless otherwise agreed, the Agency may delete or archive project files after 60 days following project completion.

The Client is responsible for maintaining its own copies of final deliverables.

Retrieval of archived materials may be subject to availability and additional fees.

24. WARRANTIES

The Agency warrants that it will perform its services in a professional manner consistent with generally accepted industry practices.

Except for express warranties stated in a written agreement, services and deliverables are provided without additional warranties to the fullest extent permitted by law.

The Agency does not guarantee specific business outcomes, including:

  • Sales;

  • Revenue;

  • Audience growth;

  • Engagement;

  • Media coverage;

  • Search rankings;

  • Advertising performance; or

  • Other commercial results.

25. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, neither party will be liable to the other for indirect, incidental, special, exemplary, or consequential damages arising from the services.

To the fullest extent permitted by law, the Agency’s total liability arising from a particular project will not exceed the amount actually paid to the Agency for the services giving rise to the claim, unless otherwise required by law or agreed in writing.

26. INDEMNIFICATION

To the extent permitted by applicable law, each party agrees to be responsible for third-party claims arising from its own breach of these Terms, negligence, willful misconduct, or infringement caused by materials it supplied.

The specific scope of any indemnification obligations may be further defined in the applicable agreement.

27. FORCE MAJEURE

Neither party will be liable for delays or failures caused by events beyond its reasonable control, including:

  • Natural disasters;

  • Severe weather;

  • Fire;

  • War;

  • Civil unrest;

  • Government action;

  • Labor disruptions;

  • Widespread internet or utility failures;

  • Public health emergencies; or

  • Other comparable events beyond reasonable control.

Affected deadlines may be reasonably extended.

28. NON-SOLICITATION

If permitted by applicable law and specifically agreed in writing, the Client will not knowingly solicit for direct employment or engagement Agency personnel or contractors materially involved in the Client’s project during the engagement and for 3 months afterward.

Any such provision should be tailored to applicable local law.

29. PUBLICATION AND RELEASE

The Client is responsible for final approval before publication, distribution, printing, broadcasting, posting, or launch.

Once approved materials are released, additional corrections, reprints, reshoots, edits, or replacements may incur additional costs.

30. SERVICE-SPECIFIC TERMS

Certain services may require additional terms, including:

Photography

Terms may address image selection, retouching, raw files, usage rights, model releases, location permissions, rescheduling, and weather.

Video Production

Terms may address production days, overtime, raw footage, editing rounds, music licensing, talent, locations, reshoots, and distribution rights.

Website and Digital Services

Terms may address hosting, domains, maintenance, third-party software, accessibility responsibilities, cybersecurity, content management systems, and ongoing support.

Social Media Services

Terms may address account access, platform changes, content approvals, moderation, posting schedules, and performance expectations.

Events and Experiential Projects

Terms may address venues, permits, safety requirements, vendors, weather, attendance, cancellations, insurance, and production schedules.

Any service-specific terms included in an SOW or addendum become part of the agreement.

31. DISPUTE RESOLUTION

The parties agree to first attempt in good faith to resolve disputes through direct discussion.

If a dispute cannot be resolved informally, the parties may use mediation, arbitration, or litigation as specified in the applicable agreement.

Any mandatory dispute-resolution process should be clearly stated and reviewed for compliance with applicable law.

32. GOVERNING LAW

These Terms will be governed by the laws of North Carolina/United States of America  without regard to conflict-of-law principles, unless otherwise required by applicable law.

The parties agree that any legal proceeding will take place in Wake County North Carolina unless otherwise agreed or required by law.

33. NOTICES

Formal notices under these Terms must be delivered to the contact information stated in the applicable agreement by an agreed method, which may include email, certified mail, or another documented form of delivery.

34. ASSIGNMENT

Neither party may assign its material rights or obligations under an agreement without the other party’s consent, except in connection with a merger, acquisition, corporate reorganization, or sale of substantially all relevant business assets, subject to applicable law.

35. SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

36. WAIVER

A failure to enforce any provision of these Terms does not constitute a permanent waiver of that provision or any other right.

37. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE

These Terms, together with the applicable signed proposal, SOW, estimate, change order, and incorporated addenda, constitute the agreement between the parties regarding the applicable services.

If documents conflict, the following order of precedence will apply unless otherwise stated:

  1. Signed amendment or change order;

  2. Signed Statement of Work or project agreement;

  3. These Terms of Service;

  4. Proposal or estimate; and

  5. Other incorporated project documentation.

38. CHANGES TO THESE TERMS

For existing signed projects, material changes to these Terms will not retroactively alter the parties’ agreement unless both parties agree in writing.

The Agency may update its general Terms for future engagements.

39. ELECTRONIC SIGNATURES

Electronic signatures and electronically accepted agreements may be treated as originals to the extent permitted by applicable law.

 

 

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