Balanced Growth Terms & Conditions of Service
Last Updated: 1/12/2025
These Terms & Conditions (“Terms”) govern the purchase and use of services provided by Balanced Growth LLC, an Oklahoma limited liability company (“Balanced Growth,” “we,” “us,” or “our”).
By completing a purchase, enrolling in a partnership, or submitting payment, you (“Client,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms.
1. Scope of Services
Balanced Growth provides branding, creative, and advisory services, which may include:
Brand audits, brand strategy, and creative direction
Brand identity development and audience analysis
Founders who value precision, discretion, and strategic depth over volume or speed
Graphic design, photography, and videography
Strategic advisory, creative execution, and supportSpecific deliverables, timelines, and inclusions vary by product, partnership, or offer selected at checkout.
Deliverables are locked based on the selected offering. Any services not expressly included are considered out-of-scope.
2. Advisory-Only Services; No Execution
Balanced Growth provides advisory, creative, and production services only.
We do not manage, operate, publish, post, deploy, distribute, advertise, maintain, or execute your marketing channels, websites, advertising accounts, social media platforms, or business operations unless explicitly stated in writing. All decisions regarding implementation, publishing, platform usage, compliance, messaging, timing, and execution are solely your responsibility.
3. Client Responsibilities
You agree to:
Provide all required materials, access, links, information, and products in a timely manner
Provide feedback and approvals as requested
Attend or schedule at least one initial strategy or creative session when applicableIf you fail to schedule or attend required sessions, Balanced Growth may proceed based on the last approved direction, and services will be considered rendered
4. Out-of-Scope Services
Services outside your selected offering may be provided only with written approval and will be billed as:
One-time add-ons, or
Ongoing services at a mutually agreed monthly rateBalanced Growth is not obligated to perform out-of-scope work.
5. Product Condition & Risk
If you send physical products for photography or videography:
You are solely responsible for shipping and insurance
Balanced Growth is not responsible for loss, damage, alteration, or wear during shipping, handling, or production
Products may not be returned and may not be in the same condition if returnedYou assume all risk related to sending products.
6. Partnerships, Term, and Continuity
Certain services are offered as partnerships with minimum terms and upfront payments.
After the minimum term, partnerships continue month-to-month unless canceled with thirty (30) days’ written notice.
7. Payment Terms
Payment is due in full at the time of purchase
Accepted payment methods include ACH, wire transfer, debit, and credit card
Auto-pay enrollment is required where applicable
Services may pause if payment is more than ten (10) days past dueAll payments are non-refundable.
8. Termination
You may terminate month-to-month services with thirty (30) days’ written notice after any minimum term. If you terminate early, future unpaid months are canceled. All amounts already paid remain non-refundable. Balanced Growth may suspend or terminate services for non-payment, breach of these Terms, or at its discretion, with notice.
9. Ownership, Usage Rights, and Licensing
9.1 Ownership
All creative work, deliverables, concepts, raw files, photography, video footage, designs, and intellectual property (“Work Product”) created by Balanced Growth remain the exclusive property of Balanced Growth unless otherwise agreed in writing.
No ownership rights are transferred through purchase.9.2 Included Usage License
Upon full payment, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to use final approved Work Product for your internal business and commercial marketing purposes.
This includes extended commercial usage, allowing use in:Websites and landing pages
Organic and paid digital advertising
Email marketing
Organic and paid social media
Sales materials, pitch decks, and investor presentations
Product launches and brand campaignsThis license applies only to the single brand or legal entity associated with the purchase.
9.3 License Exclusions
Unless expressly authorized in writing, you may not:
Allow use by affiliates, subsidiaries, partners, or third parties
Resell, sublicense, or transfer Work Product
Use Work Product across multiple brands or entities
Use Work Product for merchandise, resale products, or mass production
Transfer rights in connection with a sale, merger, or acquisition9.4 Expanded Usage & Buyout Options
Additional usage rights may be purchased separately, including:
Multi-Entity Licenses
Exclusivity Licenses
Perpetual Licenses
Full Buyouts or Ownership TransfersExpanded rights are not retroactive and apply only after a written agreement and full payment.
9.5 Unauthorized Use
Use of Work Product outside the granted license constitutes a material breach and may result in retroactive licensing fees, suspension of usage rights, or legal enforcement.
9.6 Portfolio Rights
Balanced Growth retains the perpetual right to display Work Product in portfolios, case studies, marketing materials, awards submissions, and promotional content unless otherwise agreed in writing.
10. Content Accuracy & Claims
You represent that all information, claims, testimonials, and materials you provide are accurate, lawful, and properly licensed. Balanced Growth is not responsible for verifying claims, disclosures, or regulatory compliance.
11. Compliance & Platform Responsibility
You are solely responsible for compliance with all applicable laws, regulations, advertising rules, platform terms, and disclosure requirements.
Balanced Growth is not responsible for platform rejections, account suspensions, penalties, or enforcement actions related to your use of Work Product.
12. No Professional Advice
Services are provided for branding and creative purposes only. Balanced Growth does not provide legal, financial, tax, regulatory, or professional advice. You agree to consult appropriate professionals as needed.
13. No Guarantees
Results depend on many factors outside Balanced Growth’s control, including execution, market conditions, and platform algorithms. No guarantees are made regarding growth, revenue, visibility, or performance.
14. Creative Discretion
You acknowledge that creative services are subjective. Approval of creative direction or strategy constitutes acceptance of creative interpretation.
15. Indemnification
You agree to indemnify and hold harmless Balanced Growth, its owners, contractors, and affiliates from any claims, damages, liabilities, losses, or expenses (including attorney fees) arising from:
Your use or misuse of Work Product
Your implementation or publication of materials
Your business, products, or services
Violations of laws, regulations, or platform policies
16. Limitation of Liability
Balanced Growth’s total liability is limited to the fees paid by you in the six (6) months preceding the claim.
Balanced Growth is not liable for indirect, incidental, consequential, or lost-profit damages.
17. Force Majeure
Balanced Growth is not liable for delays or failures caused by events beyond reasonable control, including natural disasters, government actions, or system outages.
18. Independent Contractor
Balanced Growth operates as an independent contractor. No partnership, joint venture, or employment relationship is created.
19. Governing Law
These Terms are governed by the laws of the State of Oklahoma. Venue shall be exclusively in Oklahoma City, Oklahoma. The prevailing party may recover reasonable attorney fees.
20. Entire Agreement
These Terms constitute the entire agreement governing checkout-based purchases and supersede prior communications related to such purchases.
Balanced Growth may require a separate written agreement for certain engagements, which will supersede these Terms where applicable.
21. Acceptance
By completing your purchase, you confirm that you have read, understood, and agree to these Terms & Conditions.