Terms & Conditions
These Terms and Conditions constitute a binding legal agreement between Lit Studio ("Studio") and the engaging party ("Client"). By engaging Lit Studio's services, submitting payment, or accepting deliverables, the Client agrees to all terms set forth herein in full.
Services, deliverables, and asset quantities are defined in the selected package, proposal, or invoice. Any work requested outside the agreed scope requires separate written approval and may be subject to additional fees.
Unused deliverables do not roll over to future billing periods.
Project-Based Work
- A 50% non-refundable deposit is required to secure the project.
- The remaining 50% balance is due upon completion.
- All deliverables are withheld until full payment is received.
- Partial payments do not grant access to deliverables.
Retainer Agreements
To secure a retainer start date, the following are required:
- 50% of one month's retainer fee (Schedule Deposit)
- 100% of one month's retainer fee (Last Month Security Deposit)
- Both payments must be received before scheduling is confirmed.
- The security deposit is applied to the final month of the term.
- Retainers are billed monthly in advance.
- Invoices are issued 5 business days prior to billing date.
- Payment is due within 5 business days of invoice issuance.
- Rates are locked for the full contract term.
Failure to make timely payment may result in paused work and withheld deliverables.
All deposits are non-refundable, including cancellations made prior to the project start date. In the event the Studio is unable to fulfill the agreed scope through no fault of the Client, deposits will be refunded in full.
A delivery timeline will be provided at the start of each project. While timelines are made in good faith, delays caused by factors outside Studio control — including but not limited to shipping delays, client responsiveness, weather, equipment failure, or unforeseen circumstances — may occur and will be communicated promptly.
Copyright Ownership
Lit Studio retains full copyright ownership of all content created under this agreement, including but not limited to photographs, videos, composite images, raw files, editing files, and all derivative works, regardless of the creative direction, subject matter, or final use of the content. This ownership is established at the moment of creation and is not contingent upon the ongoing satisfaction of the Client or the continuation of the business relationship.
Upon receipt of full payment, the Client is granted a non-exclusive, non-transferable license to use the delivered content for marketing and commercial purposes as outlined in the agreed scope. This license does not transfer copyright ownership to the Client under any circumstance.
Client Restrictions
- The Client may not resell, sublicense, or redistribute assets to third parties.
- The Client may not use assets for resale as standalone products without prior written consent from the Studio.
Studio Promotional Rights
Lit Studio retains the unconditional, perpetual, irrevocable, worldwide right to use all content created under this agreement for portfolio display, case studies, marketing materials, social media, website content, advertising, pitch materials, and any other promotional purposes, regardless of whether the client relationship has ended, is disputed, or concluded under any circumstances.
This right is not contingent on the ongoing satisfaction of either party and survives the termination, expiration, cancellation, or conclusion of the client relationship for a minimum of seven (7) years and indefinitely thereafter. No verbal restriction, informal communication, post-engagement notice, or dispute shall limit these rights. Only a written restriction signed by both parties prior to the commencement of services shall limit these rights.
Post-engagement demands, removal requests, or restriction notices have no legal effect under this agreement unless a written restriction was agreed to and signed by both parties prior to the commencement of services.
Trademark & Brand Name Authorization
By engaging Lit Studio's services and accepting delivery of content, the Client expressly authorizes Lit Studio to reference the Client's business name, brand name, trademarked terms, and product names solely in connection with describing and promoting the work performed under this agreement. This authorization includes but is not limited to use in case studies, portfolio presentations, social media posts, website content, pitch decks, and marketing materials. This authorization does not grant Lit Studio any ownership interest in the Client's trademarks or brand assets and is not affected by the conclusion or disputed conclusion of the business relationship.
Case Study Authorization
The Client expressly authorizes Lit Studio to create, publish, and distribute case studies referencing the Client's brand, products, and the work performed under this agreement. Case studies may include the Client's brand name, product names, imagery created under this agreement, and descriptions of the creative and strategic work performed as understood by the Studio and documented in project communications.
The Client acknowledges that such case studies are a standard and expected component of Lit Studio's business development activities and that no additional approval is required for their creation or publication. Post-engagement objections to case study content have no legal effect unless a written restriction was agreed to prior to commencement of services.
Testimonial & Likeness Authorization
If the Client, or any representative of the Client, provides a review, testimonial, or statement of satisfaction regarding Lit Studio's services — whether verbally, in writing, via email, through a public review platform including Google, Yelp, or social media, or by any other means — the Client expressly authorizes Lit Studio to reproduce, display, and distribute that review or testimonial in any format and across any platform for promotional and advertising purposes.
This authorization includes the right to display the reviewer's name, business name, position or title, and any publicly available photograph or image associated with the reviewer's public profile. By engaging Lit Studio's services and submitting payment, the Client acknowledges that this clause constitutes written consent as required under New York Civil Rights Law Sections 50 and 51 and any similar statutes in applicable jurisdictions.
Independent Contractor & Creative Ownership
Lit Studio operates as an independent contractor. Unless specific creative restrictions are documented in writing in the project brief and approved by both parties prior to the shoot date, Lit Studio retains full creative judgment over the execution of all services. General feedback, preferences, and product placement suggestions communicated during the engagement do not constitute creative direction sufficient to establish a work for hire relationship under United States copyright law.
A work for hire arrangement requires a separate written agreement explicitly designating the work as made for hire, signed by both parties prior to commencement of services. No such designation exists unless explicitly documented in a separate signed instrument.
Reshoots Are Provided Only For
- Technical failure attributable to Studio error
- Failure to meet the explicitly agreed scope as defined in the invoice or shot list
Reshoots Do Not Apply To
- New creative direction
- Subjective preference changes
- Color perception differences attributable to display device calibration
- Client-side changes requested after final approval has been given
Additional asset requests must be submitted within fourteen (14) calendar days of final project delivery. All add-on requests are subject to approval, scheduling availability, and a minimum order of two (2) images at the current add-on rate.
Requests submitted after the fourteen (14) day window will be treated as a new production request and scheduled under a new package, retainer cycle, or future booking. All additional work is subject to current production rates and availability unless otherwise agreed in writing.
For retainer clients only, Lit Studio will provide one (1) reshoot at no additional creative cost if delivered assets demonstrably underperform within 90 days of launch.
Requirements
- Assets must remain live for 90 consecutive days without material alteration.
- No material changes to product, pricing, or offer may have occurred.
- The original approved brief must have been followed without alteration.
- Verifiable performance data must be provided (ads manager, analytics, etc.).
Limitations
- One reshoot per asset type per term.
- Applies only to the original scope of work.
- Does not apply to market conditions, platform algorithm changes, or external factors outside Studio control.
- Clients are responsible for providing a prepaid return label for any products requiring return.
- Products will be returned only upon receipt of a valid prepaid label.
- Products are held for four (4) weeks following project completion.
- Unclaimed products after four weeks may be discarded without liability to the Studio.
Due to federal regulations and carrier policies:
- Lit Studio will not ship any products containing THC, THCA, Delta-8, or any other federally regulated substance.
- Clients must arrange local pickup or third-party courier retrieval for all such items.
- These items will not be returned via mail under any circumstance.
The Client acknowledges that color appearance in images and videos may vary based on lighting conditions, viewing environment, display device calibration, and other environmental factors beyond Studio control. Lit Studio uses a consistent, neutral, gray-balanced color workflow intended to provide accurate and reliable results across platforms and devices.
Exact real-world color matching cannot be guaranteed. Color correction requests that fall outside the agreed scope are subject to additional fees and scheduling availability.
To support the successful delivery of services, the Client agrees to:
- Provide all products required for the shoot and cover all associated shipping costs.
- Respond to Studio communications within three (3) business days.
- Assign a single point of contact for approvals and communications.
- Provide all brand assets, references, and creative guidelines at the time of onboarding.
- Maintain professionalism in all interactions with the Studio.
Delays in client responsiveness may impact delivery timelines without liability to the Studio.
Term Lengths & Discounts
| Term | Discount |
|---|---|
| 3-Month Term | 10% Off |
| 6-Month Term | 15% Off |
| 12-Month Term | 20% Off |
Cancellation Policy
- Thirty (30) days written notice required via email.
- Work and billing continue during the notice period.
- Verbal or informal cancellations are not valid.
Early Termination & Clawback
If the Client cancels before completing the agreed term:
- All discounted work will be recalculated at standard one-off rates.
- The difference will be invoiced immediately and is due within five (5) business days.
- One pause is permitted per contract term.
- Maximum duration: thirty (30) consecutive days.
- Fourteen (14) days written notice is required.
- The contract end date is extended accordingly.
- No deliverables accrue during pause periods.
Services, deliverables, pricing, and rights granted under this agreement are non-transferable and apply only to the contracting Client entity. This agreement may not be assigned to a third party without prior written consent from the Studio.
Lit Studio shall not be liable for indirect, incidental, consequential, or punitive damages, including loss of revenue, profits, or business opportunities, arising out of or related to services performed under this agreement.
Total liability, if any, shall not exceed the total amount paid by the Client to Lit Studio for the specific project giving rise to the claim.
The parties agree to attempt to resolve any dispute arising under this agreement through good faith negotiation before pursuing formal legal action. If negotiation fails, disputes shall be resolved through binding arbitration in Suffolk County, New York, under the rules of the American Arbitration Association, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction without waiving the right to arbitration.
This agreement shall be governed by and construed in accordance with the laws of the State of New York. The Client consents to personal jurisdiction in Suffolk County, New York for any dispute arising under this agreement. The Client waives any objection to venue in Suffolk County, New York.
Any claim arising under this agreement must be brought within one (1) year of the event giving rise to the claim, or it shall be permanently barred.
The Client agrees to indemnify, defend, and hold harmless Lit Studio and its owner, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorney's fees, arising out of or related to:
- The Client's use of delivered content beyond the scope of this agreement.
- The Client's products, including any claims of product liability or regulatory violation.
- The Client's brand assets, trademarks, or intellectual property provided to the Studio.
- Any claim that content created at the Client's specific direction infringes upon the rights of a third party.
- Any dispute initiated by the Client or on the Client's behalf that is resolved in favor of Lit Studio.
This agreement constitutes the entire understanding between the parties and supersedes all prior verbal or written communications regarding the subject matter herein. Any modifications to this agreement must be made in writing and signed by both parties. No verbal modification, informal communication, or course of conduct shall alter the terms of this agreement.
Post-engagement demands, removal requests, or restriction notices have no legal effect under this agreement.
If any provision of this agreement is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect without interruption.
By engaging Lit Studio's services, submitting payment, or accepting deliverables, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions in full.
Payment constitutes full acceptance of all terms contained herein, including all promotional authorization, testimonial authorization, intellectual property provisions, and dispute resolution terms.