Thurston Media LLC Terms Policy.
Last Updated: September 2023
These Terms of Service ("Terms") constitute a legally binding agreement between Thurston Media LLC ("Thurston Media", "we", "us", or "our"), a Florida limited liability company, and you ("Client", "you", or "your"), governing your access to and use of our services and website, including but not limited to video production, content management, digital marketing, and consulting services (collectively, the "Services").
By using our Services or signing our Service Agreement, you agree to be bound by these Terms. If you do not agree, do not use our Services.
1. Definitions
“Services” means all video production, content management, digital marketing, consulting, and related services provided by Thurston Media LLC. “Confidential Information” means any non-public information disclosed by either party related to the business or Services, including but not limited to business plans, customer data, creative materials, and technical data. “Content” refers to videos, images, text, graphics, and other materials created or submitted in connection with the Services.
2. Scope of Services
Thurston Media LLC provides comprehensive social media marketing services under various packages, including but not limited to:
Weekly in-person video shootsProfessionally edited videos and reelsWeekly content posting on two social media platformsContent planning, filming, editing, and scheduling Package Options (28-day billing cycle):
☐ Essential Exposure – $2,997 every 4 weeks
☐ Pro Presence – $5,997 every 4 weeks
☐ Elite Authority – $9,997 every 4 weeks
See the Service Agreement for full package details.
3. Scheduling and Overtime
Shoots must be scheduled at least three (3) business days in advance. Failure to do so may result in forfeiture of that session without refund. Overtime sessions will be billed at $375/hour, charged in 15-minute increments.
4. Payment Terms & Auto-Pay Authorization
Billing occurs every 28 days starting from the initial payment date.
Payments are processed via Stripe or PayPal. By signing the Agreement or using our Services, you authorize recurring payments and are responsible for maintaining valid payment information.
5. Cancellation & Fees
You may cancel at any time with a $3,000 cancellation fee, payable immediately. Late payments incur a $75 per week late fee, applied after three (3) calendar days past due. All sales are final; no refunds once payment is made.
6. Confidentiality & Content Use
All Confidential Information shared by either party must remain private and protected. Thurston Media retains creative control over all Content produced under the Services.
We may use your Content for promotional purposes unless you opt out by submitting a written request via email to [email protected]. You agree not to disparage Thurston Media publicly or privately.
7. Use of Services You may use our Services only if you are 18 years or older and comply with these Terms and applicable law. You agree not to: Use our Services for unlawful purposesInterfere with service operations or infrastructureAccess systems or user accounts without authorizationTransmit malware or harmful code
8. Account Registration
If registering an account on our site: Provide accurate, up-to-date informationSafeguard your login credentialsYou are solely responsible for all activity under your account
9. Intellectual Property
All materials, designs, logos, videos, and Content created by Thurston Media remain our intellectual property unless otherwise agreed in writing. Unauthorized reproduction, distribution, or use is strictly prohibited.
10. User-Submitted Content
If you submit content (e.g., testimonials, comments): You grant Thurston Media a royalty-free, worldwide license to use it for marketing or other purposesYou are responsible for ensuring it does not infringe upon any laws or third-party rights
11. Non-Solicitation and Subcontractors
You agree not to solicit, hire, or engage our contractors or staff during the contract period or for two years thereafter.
We may use subcontractors to deliver Services. All subcontractors are bound by confidentiality and non-compete obligations.
12. Limitation of Liability
We are not liable for: Indirect, incidental, or consequential damagesClient’s failure to follow guidance or provide timely inputDisruptions due to third parties, content misuse, or creative dissatisfaction Our liability will never exceed the fees paid for the specific service at issue.
13. Indemnification
You agree to indemnify and hold harmless Thurston Media LLC, its employees, affiliates, and subcontractors against any claims, costs, or losses arising from: Your breach of these TermsYour use or misuse of the ServicesThird-party claims related to Content, copyright, or advertising
14. Term & Termination
This Agreement renews automatically every 28 days unless either party provides at least fifteen (15) calendar days’ written notice prior to renewal.
Either party may terminate this Agreement for cause if the other party breaches a material term and fails to cure such breach within ten (10) calendar days of written notice.
Termination notices must be delivered via email or certified mail to the addresses listed in Section 21.
15. Dispute Resolution
Prior to initiating any legal action, the parties agree to attempt to resolve disputes through mediation administered by the American Arbitration Association (AAA) under its mediation rules. The party initiating the dispute will pay the mediation fees.
If mediation is unsuccessful, any disputes arising from these Terms or the Services shall be resolved by binding arbitration under the AAA’s rules, held in Pinellas County, Florida. The arbitrator’s decision shall be final and binding.
This provision does not prohibit either party from seeking injunctive relief in a court of competent jurisdiction.
16. Force Majeure
Thurston Media is not responsible for delays or failures in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, pandemics, strikes, acts of government, or internet outages. We will notify you promptly of any such event and use reasonable efforts to resume performance as soon as possible.
17. Data Privacy and Security
We collect and use your personal information solely to provide and improve our Services, process payments, and communicate with you.
We implement commercially reasonable technical and organizational measures to protect your data from unauthorized access, disclosure, alteration, or destruction.
We do not sell your personal data to third parties. For more information, see our Privacy Policy at https://www.thurstonmedia.com/privacy.
18. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of laws principles. Any legal action or proceeding relating to these Terms shall be brought exclusively in Pinellas County, Florida.
19. Changes to Terms
We reserve the right to update these Terms at any time. Changes will be posted on https://www.thurstonmedia.com.
Your continued use of the Services after such updates constitutes acceptance of the revised Terms.
20. Entire Agreement
These Terms and any signed Service Agreement represent the entire agreement between you and Thurston Media LLC and supersede all prior communications, understandings, or agreements, whether oral or written.
21. Contact Us
Thurston Media LLC
1201 Gandy Blvd N #20174
St. Petersburg, FL 33702
[email protected]