MASTER SERVICE AGREEMENT (MSA)

Last Updated: 11.19.2025

MASTER SERVICE AGREEMENT (MSA)

Effective Date: Upon Acceptance

Business Information

Business Name: Jay Odom Design (JOD), including all sub-brands Be Still Creative and Cubby Beatz.

Website: www.jayodomdesign.com/terms

INTRODUCTION

I am old school – your word and a handshake go a long way with me. But the world does not run that way anymore. To protect myself, my business, my family, and the people who work with me, I have put this agreement in place. It covers the standard terms we follow so everything is clear up front. This gets the legal details handled 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, including but not limited to:

Logo Design (Responsive, One-and-Done, Conversion)

Website Design and Maintenance

Social Media Management and Marketing

Photography and Videography (Events, Branding, Products)

Graphic Design (Flyers, Business Cards, Review Cards, Door Hangers, and similar items)

Google Business Profile Setup

Audio Production (Cubby Beatz)

Typical turnaround times are 1 to 3 weeks depending on service. Website design turnaround is 4 to 6 weeks. Timelines may vary based on communication, content provided, and project 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 the included scope are billed at $150 per revision.

Logo design services include one concept and one revision unless otherwise stated in writing.

Any major stylistic shift – such as changing from a cartoon style to a realistic style – is not considered a standard revision and requires a new agreement.

Invoices must be paid within 7 days of issue unless otherwise agreed in writing.

OWNERSHIP AND LICENSING

All services are treated as Work for Hire for the client, subject to the licensing terms below.

Clients receive the final deliverables based on the service rendered, as defined in the project scope.

Logo Design: Upon completion and delivery of the final approved logo, copyright transfers to the client. Clients are responsible for any trademark registration.

Website Design: Clients are paying for the design and license of the website, not ownership of the platform or underlying build. The platform configuration and design build remain the intellectual property of Jay Odom Design. A separate buyout fee may apply if a client requests transfer of full ownership or platform control.

Photography & Videography: Clients receive either personal or commercial use licenses depending on the selected package. All rights to presets, textures, templates, project files, and raw footage remain with Jay Odom Design unless otherwise agreed in writing.

Social Media, Flyer, & Marketing Design: Clients receive a limited commercial use license to use the delivered assets for their business. Source files are not provided unless separately agreed in writing and may involve an additional fee.

ATTRIBUTION

Attribution to Jay Odom Design is requested and appreciated for design, branding, photography, videography, and audio projects unless otherwise agreed. Sub-brands may be credited as:

Be Still Creative – photography and videography

Cubby Beatz – audio and music production

Jay Odom Design – graphic design and general branding work

PROJECT CHANGES AND CANCELLATION

If the project scope changes after work has begun, additional fees may apply and will be quoted as needed.

Clients may not cancel a project and receive a refund after work has started. Adjustments or credits may be discussed but are not guaranteed.

For subscription-based services (such as social media management or 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. Sudden cancellation or non-communication can disrupt scheduling and service for other clients.

LIABILITY

Jay Odom Design is not liable for damages arising from the use of final products, including but not limited to misprints, business losses, loss of revenue, or trademark and naming conflicts.

The client is responsible for verifying trademark availability, business name availability, and any legal clearances related to names, phrases, or branding elements. The client assumes all legal responsibility for how names and branding are used.

For photography and videography services, Jay Odom Design is not liable for damages caused by equipment failure, malfunction, electrical issues, weather, or accidental hazards such as lighting stands falling or batteries failing.

Once materials and deliverables are provided to the client, Jay Odom Design is not responsible for how those materials are printed, published, displayed, or used by the client or third parties.

CODE OF ETHICS

Jay Odom Design follows a professional code of ethics built on trust, privacy, and respect for every client. I protect sensitive business information, keep project details separate between clients, and use private materials only for the work you hired me to do. I do not disclose confidential business details and I maintain a high standard of integrity in all creative and advertising services.

CONFIDENTIALITY

Jay Odom Design respects the privacy of every client. Any non-public information you share that is sensitive to your business is treated as confidential and used only to complete your project. Confidential information includes internal documents, private notes, business strategies, login details, pricing information, customer lists, non-public data, or any other information you clearly identify as confidential at the time it is provided.

Confidentiality applies when you clearly communicate that certain information is confidential. This may be done in writing, through a message, or verbally during a discussion. Jay Odom Design is not responsible for treating information as confidential if it was not identified as such. Information that is publicly available, already known to Jay Odom Design, independently created by Jay Odom Design, or intended for public promotion is not considered confidential.

Jay Odom Design will not disclose your confidential information to external parties except when necessary to fulfill the work you have hired me to perform, and only through secure internal tools, systems, or software used for production, advertising tasks, testing, ideation, analytics, or performance review. Your confidential information will never be shared publicly, sold, or used outside the scope of your project.

My internal workflows, creative processes, techniques, presets, software, automation tools, AI-assisted tools, and production methods are proprietary and remain confidential to my business. These internal systems may be used to complete your project, but clients do not receive access to or ownership of my internal processes unless otherwise agreed in writing.

Finished work and public-facing materials — including designs, graphics, photography, videos, websites, ads, mockups, drafts, or general creative examples — may be used in portfolios, social media, livestreams, case studies, promotional materials, or for teaching design and advertising principles. Jay Odom Design may also share timelapses, screen recordings, behind-the-scenes content, livestreams, or demonstrations showing the creative process — including logo development, flyer design, photo editing, Photoshop work, illustration, color grading, video editing, or similar production steps — as long as no client-identified confidential information is displayed. These materials are used to promote my skills, demonstrate design techniques, and showcase creative expertise without revealing private business information. If you prefer that a project or certain materials remain private, you may request this at any time and I will honor that request.

This confidentiality section does not restrict Jay Odom Design from working with other clients, including those in similar industries. Client information is always kept separate and is not shared across projects under any circumstances.

Confidentiality obligations last for two years after the project is completed or terminated unless otherwise agreed in writing. Jay Odom Design may retain internal archives of project files for documentation, record keeping, study, and educational purposes, provided such materials do not disclose your confidential information.

ADDITIONAL FEES

Administrative handling fees may apply for invoicing, rush work, or special processing.

Equipment rental fees may be added when specific gear is required for your project.

Additional deliverables or services outside the original project scope will be quoted and billed separately.

ARBITRATION AND GOVERNING LAW

Any disputes arising out of this agreement will be resolved through arbitration in Henry County, Tennessee.This agreement is governed by the laws of the State of Tennessee.

SIGNATURE AND ACCEPTANCE

By signing below or by submitting payment on an invoice that references this Master Service Agreement, the client agrees to all terms outlined in this document. The most current version of this agreement will always be available at www.jayodomdesign.com/terms.