Terms of Service
This agreement is between "VividPhase Studio LLC" and "the client" for the service(s) requested either directly or via our partner freelance service sites. The agreement is in addition to any agreements and legal disclaimers from our partner freelance service sites.
The parties agree as follows:
1. Obligations of The Client: The client shall review the agreement in full and note that by continuing with the services, that is acceptance of this agreement. The client shall work in good faith with VividPhase Studio LLC to arrive at the optimal product and equitable outcome for both parties for the services requested.
2. Obligations of VividPhase Studio LLC: VividPhase Studio LLC shall establish an agreed upon estimated timeframe for the requested deliverables and will communicate that expected date via appropriate platform method to the client. VividPhase Studio LLC will have already communicated the expected outcomes/deliverables for the requested service, allowing the client to accept this agreement at the time of review. VividPhase Studio LLC shall work in good faith with the client to arrive at the optimal product and equitable outcome for both parties for the services provided.
3. Service Scope: The scope of service work to be provided by VividPhase Studio LLC will have been provided to the client before this agreement via email, or website, or invoice, or other medium. Acceptance of this agreement by the client, indicates that the client is aware of the scope of the service work in full, and confirms the details have been provided.
4. Ownership/Copyright: The client retains ownership of all files they provided in the shared working folder at all times. As long as services have been paid in full to VividPhase Studio LLC, then the client also retains ownership of agreed service deliverables. VividPhase Studio LLC has been hired to provide a service to contribute to and enhance the client's original works to help prepare them for release, and the client retains ownership of the noted works and files. VividPhase Studio LLC does not perform any authentication or validation of song copyright validity, nor evaluation of the copyrightable use of Artificial Intelligence that may be contained within the client's content, and therefore holds no liability from possibly infringing or non-copyrightable content.
5. Archival: VividPhase Studio LLC is unable to provide long term archival services, and serviced content may become inaccessible 30 days after service deliverables are provided. The client is responsible for appropriate backup and archival of provided files and service deliverables for their own future retrieval.
6. Force Majeure/Deliverable Indemnification: VividPhase Studio LLC shall not be liable for any failure or delay in the performance of its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, acts of war, terrorism, pandemics, governmental regulations or orders, strikes, labor disputes, power outages, or other unforeseeable events (each a “Force Majeure Event”). Pursuant to the aforementioned Obligations and as a Work For Hire Agreement, the maximum damages provided by VividPhase Studio LLC to the client if services cannot be satisfactorily rendered, would be a full refund of the agreed upon service price (if any was paid). All deliverables sent from VividPhase Studio LLC are subject to final approval by the client, and therefore ultimate legal liability of the client.
7. Term and Acceptance: Acceptance of this agreement is established when the client provides their files for the service(s) requested to the shared working folder, which as noted above, will indicate that the client has both reviewed and accepted the provisions of this agreement related to the service(s) requested from VividPhase Studio LLC.
5/2025