GODSEY CREATIVE
Terms of Service
Effective Date: June 1, 2025 | Last Updated: June 1, 2025
These Terms of Service ("Terms") govern your access to and use of services provided by Godsey Creative, LLC ("Studio," "Company," "we," "us," or "our"), including our website, content production services, social media management, and all related communications. By engaging our services, visiting our website, or submitting a contact form, you agree to be bound by these Terms.
As used in these Terms, the words "works" and "materials" refer to, but are not limited to: video content, photo, design, copywriting, branding, ideas, concepts, research, documents, and any and all work that comes to a final product.
If you do not agree with any part of these Terms, you must not use our services or website.
1. Services
Godsey Creative provides video content production, short-form social media content strategy and scripting, paid advertising creative, branding, and related digital marketing services (collectively, "Services") to business clients. The specific scope of Services for each client is defined in a separate Client Agreement or Statement of Work ("SOW"). Any notices to the Studio should be sent to justin@godseycreative.com.
2. Acceptance of Terms
By accessing our website, submitting a contact form, signing a Client Agreement, or engaging in communications with Godsey Creative — including via email, phone, or SMS/text message — you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
3. Scope of Work and Revisions
The scope of work, deliverables, and project timeline will be detailed in the applicable Client Agreement or proposal. The following revision policy applies to all engagements unless otherwise agreed in writing:
• Two (2) rounds of edits or revisions are included within the quoted price.
• After the included revision rounds, additional revisions will be charged at a rate of $150 per hour.
• Revisions do not include full redesigns under any circumstances.
• The Studio will take into account the Client's vision and preferences while conducting works. The Client agrees to trust the judgment and skill of the Studio for the final outcome of the proposed works.
4. Client Responsibilities
As a client or prospective client, you agree to:
• Provide accurate, complete, and up-to-date information when engaging our services or contacting us.
• Respond to requests for feedback, approvals, and materials in a timely manner.
• Ensure that any content, branding assets, or materials you provide to Godsey Creative do not infringe on any third-party intellectual property rights.
• Use our Services only for lawful business purposes.
• Not reproduce, distribute, modify, or create derivative works based on any content or materials provided by the Studio without prior written consent.
5. Fees and Payments
Payment terms are governed by the applicable Client Agreement. Unless otherwise agreed in writing:
• The engagement begins and first-month payment is due upon signing, and every month thereafter for the specified timeframe. The Client agrees to pay on time before work commences each period.
• Payment may be made via Zelle, Venmo, or Credit Card. Work will not commence until payment has been received.
• The Client may also choose to pay in full at a discounted rate as specified in the proposal.
• Any remaining balance must be paid within seven (7) days after the completion of the work.
• Completed deliverables will not be released or transferred until full payment has been made.
• The Studio retains full ownership of all works until complete payment is received. The Client may not use any such works prior to payment in full.
• Late payments are subject to a late charge of $25 per day on the outstanding balance, beginning the day after the due date.
• Any disputes regarding a proposal or invoice must be communicated to the Studio in writing within three (3) business days of the issued proposal or invoice date.
• The Studio reserves the right to suspend or terminate services if payment is not received within the specified time.
6. Intellectual Property
6.1 Client-Owned Materials
Any pre-existing intellectual property — including logos, brand assets, and trademarks — provided by the Client remains the sole property of the Client. By providing such materials, the Client grants the Studio a limited license to use them solely for the purpose of delivering the agreed Services.
6.2 Ownership During Project
The Studio retains ownership and copyright of all works, materials, concepts, or ideas created during the course of a project until full and final payment has been received. The Client agrees that any work that has not been paid for cannot be used in any final product or publicly.
6.3 Transfer Upon Full Payment
Upon receipt of full and final payment, including any outstanding fees, all ownership and copyright in the final agreed deliverables is transferred to the Client.
6.4 Unchosen Concepts
Any concepts, ideas, or creative strategies presented by the Studio that the Client does not select cannot be used by the Client in any form. The Client agrees to maintain confidentiality around all unchosen concepts. The Studio reserves the right to use unchosen concepts for future clients.
6.5 Alteration of Works
If the Client alters, rebrands, or materially modifies any delivered works, all materials, collaborations, credits, and mentions of the Studio name must be removed from the Client's materials, website, and social media.
6.6 Portfolio Use
Unless otherwise agreed in writing, the Studio reserves the right to display completed works in its portfolio and marketing materials, including on its website and social media channels, without requiring written consent from the Client.
7. Confidentiality
Both parties agree to keep all project details, creative strategies, and proprietary information confidential.
• The Studio will not disclose proprietary information provided by the Client, including business and financial information, trade secrets, and intellectual property, to any third party — except as required by law or with the Client's prior written consent.
• The Client will not disclose the creative concepts, strategies, or methods presented by the Studio.
• This obligation survives the termination or expiration of any Service Agreement.
8. Conflict of Interest
Due to the nature of the Studio's work, industry crossovers can occur. Both parties acknowledge and agree that:
• The Studio shall remain free to continue working for and taking on new clients without requiring Client approval, regardless of industry.
• The Studio will ensure confidentiality is maintained for all clients at all times.
9. Subcontractors
In the event that the Studio engages a subcontractor to assist with any Services:
• The Studio will compensate the subcontractor for its services, and any such costs will be included in the proposal provided to the Client.
• For purposes of the indemnification provisions of these Terms, any subcontractor engaged by the Studio is considered an agent of the Studio.
10. Termination
Either party may terminate a Service Agreement with sixty (60) days' written notice to the other party. The following conditions apply upon termination:
• In the event of termination, the Client is responsible for full payment of all services rendered and research time incurred up to the date of termination.
• If the Client terminates the agreement — under any circumstances — payment must be made to the Studio for all works completed or in progress as of the termination date.
• Termination does not relieve either party of obligations incurred prior to the termination date.
• The Studio reserves the right to immediately suspend or terminate services if payment is not received within the specified time or if the Client materially breaches these Terms.
11. SMS and Text Message Communications (A2P)
This section governs all SMS and MMS text message communications sent by or through Godsey Creative, including automated messages sent via our CRM platform (Go High Level). This section is required for A2P 10DLC compliance.
11.1 Consent to Receive SMS
By providing your mobile phone number to Godsey Creative — via a web form, intake questionnaire, contact form, or verbal or written agreement — you expressly consent to receive text messages from Godsey Creative related to:
• Service updates, project status, and scheduling
• Appointment reminders and confirmations
• Marketing and promotional messages about our services
• Follow-ups related to your inquiry or client engagement
11.2 Message Frequency
Message frequency varies depending on your engagement with our services. You may receive up to 4 messages per month for general marketing communications, and additional messages as needed for active project coordination. Message frequency will vary.
11.3 Message and Data Rates
Message and data rates may apply. Please check with your mobile carrier if you are unsure about your plan's SMS rates.
11.4 Opt-Out Instructions
You may opt out of receiving SMS messages from Godsey Creative at any time by replying STOP to any text message you receive from us. After opting out, you will receive a single confirmation message and no further messages will be sent, except as required by law or to fulfill a previously agreed service obligation.
11.5 Help
For help or information about our SMS program, reply HELP to any text message or contact us at justin@godseycreative.com or 480.232.9733.
11.6 No Third-Party Sharing
Mobile opt-in data and consent information — including your mobile phone number — will not be shared with, sold to, or used by any third party for their own marketing purposes. This information is used solely by Godsey Creative to communicate with you regarding our Services.
11.7 Supported Carriers
Supported carriers include, but are not limited to: AT&T, Verizon, T-Mobile, Sprint, Boost Mobile, U.S. Cellular, and other major U.S. carriers. Carriers are not liable for delayed or undelivered messages.
12. Privacy Policy
Our collection and use of personal information — including contact details, mobile numbers, and usage data — is governed by our Privacy Policy available at godseycreative.com/privacy. By using our Services, you consent to our data practices as described in that policy.
13. Disclaimer of Warranties
Our Services are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our Services will meet all of your requirements or that results will be error-free or uninterrupted.
Godsey Creative does not guarantee specific business outcomes, follower growth, engagement rates, or revenue results from content produced under these Terms.
14. Limitation of Liability
To the maximum extent permitted by applicable law, Godsey Creative shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including lost profits, lost data, or business interruption — even if advised of the possibility of such damages.
Our total cumulative liability for any claim arising under these Terms shall not exceed the total fees paid by the Client to Godsey Creative in the three (3) months preceding the event giving rise to the claim.
The Studio shall not be liable for any claims, damages, or losses arising from the use or reliance upon the content by the Client or any third party, including but not limited to claims of trademark or copyright infringement arising from the Client's use of delivered content.
15. Indemnification
The Client agrees to indemnify, defend, and hold harmless Godsey Creative, LLC and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
• The Client's use of the content produced by the Studio.
• Any breach of this Agreement or these Terms by the Client.
• Any third-party claims related to the use of branding materials, including claims of trademark or copyright infringement.
• Any violation of applicable law by the Client.
16. Governing Law and Dispute Resolution
These Terms and any Services provided by the Studio shall be governed by and construed in accordance with the laws of the State of Arizona and the United States, without regard to conflict of law principles. Any disputes arising under or related to these Terms shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and both parties consent to the personal jurisdiction of such courts.
Before initiating any legal action, the parties agree to attempt good-faith resolution of any dispute through direct written communication for at least thirty (30) days.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable. If any part is deemed entirely invalid or unenforceable, that part is deleted and the remainder of the Agreement remains effective and enforceable in accordance with its terms.
18. Changes to These Terms
Godsey Creative reserves the right to update or modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page. Continued use of our Services after changes are posted constitutes your acceptance of the revised Terms.
19. Entire Agreement
These Terms, together with any applicable Client Agreement, SOW, and our Privacy Policy, constitute the entire agreement between you and Godsey Creative with respect to the subject matter herein and supersede all prior agreements and understandings, whether written or oral.
20. Contact Information
If you have any questions about these Terms, please contact us:
Godsey Creative, LLC
Scottsdale, Arizona
Email: justin@godseycreative.com
Phone: 480.232.9733
Website: godseycreative.com
For SMS-related inquiries or to opt out of text messages, reply STOP to any message or contact us using the information above.