Effective Date: Upon Acceptance
Business Name: Jay Odom Design (JOD), including all sub-brands Be Still Creative and Cubby Beatz.
Business Owner: Jacob Carmen Odom
Contact Info:
Email: jayodomdesign@gmail.com | jay@jayodomdesign.com
Phone: 731-707-1406
Mailing Address: 605 Walnut Street, Paris, TN
Website: www.jayodomdesign.com/terms
INTRODUCTION
I'm old school-your word and a handshake go a long way with me. But the world doesn't run that way anymore. So, to protect myself, my business, my family, and the people who work with me, I've put this agreement in place. It covers the standard terms we follow, so everything's clear up front. This just gets the legal stuff out of the way so we can focus on the creative work.
SCOPE OF SERVICES
This MSA applies to any service provided by Jay Odom Design or its sub-brands. These services include but are not limited to:
- Logo Design (Responsive, One-and-Done, Conversion)
- Website Design & Maintenance
- Social Media Management & Marketing
- Photography & Videography (Events, Branding, Products)
- Graphic Design (Flyers, Business Cards, Review Cards, Door Hangers, etc.)
- Google Business Profile Setup
- Audio Production (Cubby Beatz)
Turnaround times are 1-3 weeks depending on service. Web design turnaround is 4-6 weeks. Timelines may vary based on communication, content provided, and scope.
PAYMENT TERMS
- All services are paid in full upfront. No work begins until payment is made.
- No refunds are offered under any circumstance.
- Additional revisions (outside of included scope) are $150 each.
- Logos include one concept and one revision.
- Any stylistic direction must be finalized in the discovery phase. Style shifts (e.g., from cartoon to realistic) are not considered revisions and require a new contract.
- Invoices must be paid within 7 days of issue.
OWNERSHIP & LICENSING
- All services are classified as Work for Hire.
- Clients receive only the final outputs based on the service rendered.
- Logo design: Jacob Carmen Odom transfers copyright upon completion and delivery. Clients may then register trademarks.
- Web design: Clients are paying for the design and license of the website, not ownership. The platform and build remain the intellectual property of Jay Odom Design. If a client wishes to transfer ownership, a buyout fee may apply.
- Photography/Videography: Clients receive either personal or commercial licenses depending on their selected package. All rights to presets, textures, templates, and raw footage remain with Jay Odom Design.
- Social Media/Flyer/Marketing Design: Client receives a limited commercial-use license for posted assets. Source files are not provided unless separately agreed.
ATTRIBUTION
Attribution to Jay Odom Design is required unless otherwise agreed. Sub-brands may be specified as follows:
- Be Still Creative (Photo/Video)
- Cubby Beatz (Audio)
- Jay Odom Design (Default/Graphic Design)
PROJECT CHANGES / CANCELLATION
- If scope changes are needed mid-project, additional fees may apply.
- Clients may not cancel and receive a refund. Adjustments may be discussed but are not guaranteed.
- For subscription services (e.g., social media, hosting), 30 days' written notice is required to cancel. If notice is not provided, the final month will still be billed.
- Subscription slots are limited, and cancellation without notice disrupts operations.
LIABILITY
- Jay Odom Design is not liable for damages arising from use of final products, including but not limited to misprints, business losses, or trademark issues.
- Client is responsible for verifying trademark availability and assumes all legal responsibility for names and branding.
- For photography/videography services, Jay Odom Design is not liable for damages caused by equipment failure, malfunction, electrical issues, or accidental hazards (e.g., lighting stands falling).
- Jay Odom Design is not responsible for how materials are used after delivery.
ADDITIONAL FEES
- Administrative handling fees may apply.
- Equipment rental fees may be added depending on service requirements.
- Additional deliverables outside of contracted scope will be quoted separately.
SIGNATURE & ENFORCEMENT
By signing this MSA or submitting payment, the client agrees to the terms outlined.
The current version will always be available at www.jayodomdesign.com/terms.
This agreement remains valid for all future services unless superseded by a newer version.
ARBITRATION & GOVERNING LAW
- Any disputes shall be resolved via arbitration in Henry County, Tennessee.
- This agreement is governed by the laws of the State of Tennessee.
