Scope, Assumptions and Revisions. Each deliverable includes up to 2 rounds of revisions. Additional rounds of revisions may be added for 25% of the project fee, per round. Timely feedback and approval (typically 3 business days) are required in order to maintain project timelines.

Out of Scope. Custom web development, custom photography, or stock photography fees are not included and will be handled by the Client. Any requests that are outside the scope of work will be billed independently. Those additional requests can be added to the agreed scope of work with a modified and approved contract modification.  No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties.

Fees. Our team maintains a high level of focus by working only on active projects with committed clients. Fees are due upfront in advance of deliverables, sessions or support. For projects or services that span multiple months, fees may be paid in equal monthly installments at the sole discretion of Clearlake Marketing.  Any failure to pay on or before due date may result in a delay of work or termination of contract.  No trading of goods or services will be accepted as payment.

Timing, Scope Creep, and Delays.  Timely feedback and approval (typically 3 business days) are required in order to maintain project timelines. If Client’s project goes over the estimated project days, Client may incur additional costs since project delays from the Client are out of the control of Clearlake Marketing. We will do our best to not go over the projected estimate, however, it is our experience that projects which exceed the estimated project days may experience an overage of at least 10% more than the originally estimated cost.

Confidentiality. The materials Client receives are confidential and proprietary. These materials are unpublished works protected by copyright laws and no unauthorized copying, adaptation, distribution, storage or display is permitted. Client agrees not to use, disclose, or duplicate them, except within Client’s company. We agree to honor the confidentiality of Client’s trade secrets and intellectual property.

Exclusivity.  Client agrees that Clearlake marketing has been hired as the exclusive provider for the scope and time period of this project.  Client also agrees that no other providers other than 3rd party providers Clearlake Marketing hires to complete the project are permitted to work on the same project during the dates of our engagement. 

Availability, Errors and Inaccuracies.  We strive to keep all information current on our websites and in all published advertising.  In the event that discrepancies arise, we assume no liability for errors on our website, advertising or landing pages in terms of pricing or services. 

Advisory. Our services are advisory. Client shall bear sole responsibility for the use and implementation of these services in Client’s business.  Client shall release, indemnify and hold Clearlake Marketing and its directors, officers, shareholders, employees and agents, and the personal representatives and assigns of each, harmless from and against and all claims, suits, liability, cost and expenses, including without limitation, reasonable attorneys’ fees and expenses, in connection with any act or omission of Clearlake Marketing in providing the Services and/or arising out of any Work Product, unless due to negligence of Clearlake Marketing.

Accountability. Client agrees to be accountable for taking the necessary actions recommended by Clearlake Marketing to implement, monitor, and produce results for Client’s business. Client agrees to be completely honest about Client’s progress so that Clearlake Marketing can ensure that Client receives the information and guidance necessary to enjoy success in marketing Client’s business.

No Guarantee Of Results.  Client acknowledges and agrees that Clearlake Marketing cannot guarantee the results or effectiveness of any of the Services. Clearlake Marketing agrees to conduct operations and provide Services in a professional manner and in accordance with good industry practice and all federal, state, and local laws. Clearlake Marketing will use its best efforts and does not promise or guarantee results.

Any projections or predictions that Clearlake Marketing may have made are based on estimates, assumptions, and forecasts that may prove to be incorrect. No assurance is given that Client’s actual results will correspond with any projected results.

Client acknowledges that any results obtained by Clearlake Marketing for other clients are not necessarily typical and are not a guarantee that Client will obtain the same or similar results by using Consultant’s services

Reporting. As needed, Client may be asked to report Key Performance Indicators (KPI’s) of Client’s business and marketing programs so that Clearlake Marketing can monitor the health and performance of Client’s marketing.

Termination. Our goal is to ensure Client’s success. If Client is not fully satisfied with the services Client receives at any time, Client agrees to let us know so that we can work with Client to address Client’s concerns. There is no long term contract and either party may elect to terminate this agreement in writing with 30 days notice. All paid fees are non-refundable and will be applied to work in progress. The Client agrees to pay for any materials or work performed through cancellation. For any canceled projects, we will work with Client up to 30 days to transition all work in progress, files, knowledge or documentation to give Client the best chance for success

Entire Agreement, Severability and Governing Law. This is the entire agreement between Client and Clearlake Marketing. All prior agreements, promises or representations being merged herein.  Our failure to enforce any part of this agreement will not be considered a waiver of that right or provision.  If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.  This agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Oregon.

Terms of Agreement

Clearlake Marketing, Bend, OR