Terms of Service

Fees

Estimated fees are based on frissn creative studio rates, usage, and anticipated time required by the project. Unless the project changes in scope or process, what is bid is what will be billed at completion of the project.

Expenses

Estimated expenses are good faith estimates for budget purposes and will be billed at cost + fees for expenses incurred. An industry standard 10% markup on all printing, services, and products purchased by frissn creative studio for the Client is included in any fees or expenses.

Deposit and payment

A non-refundable inception fee (half of the Fees) is required to initiate most projects and will serve as Kill Fee in event of project cancellation before completion of the project. Final payment not received at thirty days of invoice date will result in an additional charge of 2% per month. Client must notify frissn creative studio before project commences if their payment schedule differs. The Client is responsible for costs of collection including reasonable attorney fees incurred in the collection process. Any payment not received within 90 days of invoice date will result in work stoppage by frissn creative studio until that payment is received. The Client further agrees that invoices submitted prior to the term of this Agreement also will be subject to the payment terms and conditions in this Agreement. frissn creative studio reserves the right to pursue equitable relief including, but not limited to, temporary restraining orders and preliminary injunctions for uses that have not been paid for in full.

Rights, usage and deliverables

All rights not expressly granted herein are retained by frissn creative studio, including, but not limited to, all rights in sketches, presentations or other preliminary materials. All original material, artwork and electronic files remain the property of frissn creative studio. Client’s final materials and deliverables as set out in the Proposal as approved by Client shall be referred to in this Agreement as “Work Product”. Client acknowledges and agrees that frissn creative studio is bound by third-party licensing agreements (eg. font licenses) that may restrict how materials in the Work Product may be distributed. Any use additional to that expressly granted herein requires arrangement for payment of a separate fee. Accordingly, frissn creative studio hereby grants to Client the sole non-exclusive license to use the following Work Product for Client purposes: (1) branding projects: final electronic logo files and electronic style guide, if created; (2) print projects: final professionally printed pieces and/or final high resolution PDF; (3) web projects: files posted to the client’s web host server that encompass the working site; (4) presentation decks: PowerPoint, Keynote, or Google Slides template and any accompanying JPG/PNG image files. The Client may file for trademark(s) on the logo Work Product in its name and frissn creative studio agrees that Client shall be the owner of such trademark(s). Client may format the Work Product as necessary for these uses, but may not extract elements of the Work Product and/or use elements outside of the Work Product (i.e. fonts, design elements, etc.). If Client desires to further develop/modify the Work Product, Client may give frissn creative studio the opportunity to bid on such development or modification before engaging a third party.

Publicity

frissn creative studio shall be permitted to showcase Client’s name and Work Product for marketing, portfolio and/or promotional purposes. For projects which include confidential information, Client’s prior written consent will be requested and all confidential information will be redacted.

Editorial Material

Supplied editorial material must be accurate and complete when it is released for production. Client will have every opportunity to proof all copy and is responsible for accuracy and legality. Client signature on proofs or emailed approval is agreement that materials are correct as shown. frissn creative studio is not responsible for originality of, inaccuracies in, legality of, or inconsistencies of copy provided by or approved by the client. frissn creative studio may provide copyediting assistance in areas such as headlines, title, language, etc., if needed and requested. Compliance frissn creative studio is not responsible for ADA compliance of print, web, or digital projects. If Client specifies ADA compliance is necessary, Client must provide guidelines to frissn creative studio.

Art

Estimates do not include fees related to the production of original illustration, music, animation, video or photography unless noted. Additional charges for these services will be specified prior to being incurred. The usage rights of original artwork remain the property of the original artist unless otherwise negotiated with the Client. Services must be agreed upon at the time of design approval and prior to contract negotiations.

AI

The ethics of AI in content creation, strategy work, and design is a gray area. At frissn creative studio, we believe in full transparency: we will disclose to the Client if we use or intend to use AI in our process or work product.

Design Clearance

To ensure that selected designs, marks or trademarks are reasonably distinguishable from any trademarks in the US and from any design marks currently registered or pending registration with the US Patent and Trademark Office (USPTO), as between Client and frissn creative studio, Client will be solely responsible for conducting a comprehensive search and legal clearance (“Design Clearance”).

Warranties

frissn creative studio will not incur any liability or obligation, financial or otherwise, to any third party based on the creation, production and use of the materials of this project. The Client agrees to indemnify and hold frissn creative studio harmless against any and all claims, costs, and expenses, including attorney fees, due to materials included in the project at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.

Alterations (for fixed fee/non-hourly projects only)

Although reasonable Author’s Alterations (“AAs”) are an expected part of the design process and included in our estimates, excessive AAs will be billed additionally for time (at current hourly rate) and material incurred. The estimated expenses associated with the review cycle are based on a process of: (1) branding and print projects: one set of concepts followed by up to three rounds of PDFs of the chosen concept direction for review by the client; (2) web projects: one PDF or storyboard per concept followed by up to three rounds of PDFs of the chosen concept direction for review by the client and three rounds of functionality revisions to a working site prototype; (3) photography projects: choice of select number of images for retouching/toning; (4) writing for strategy, marketing, public relations, social, copywriting: three rounds of edits; or (5) presentation decks: three rounds of review of design, three rounds of review of copy, three rounds of review for full deck with all content in place.

Independent Contractor

Nothing herein shall be construed to create an employer-employee relationship between the Client and frissn creative studio. frissn creative studio is operating as an independent contractor, not an employee of the Client or any of its subsidiaries or affiliates. The Client will not withhold any amounts for payment of taxes from compensation hereunder. frissn creative studio will determine, in its reasonable discretion, the manner and means by which the Services, including Deliverables, are accomplished, subject to the requirement that frissn creative studio shall at all times comply with applicable law and proper business practices and meet accepted professional and industry standards.

Disputes

In the event of any dispute arising under this Agreement, the parties shall first negotiate in good faith to resolve the dispute. Any dispute regarding this Agreement shall be adjudicated in the Commonwealth of Massachusetts under the laws of the United States and/or of the Commonwealth without regard to conflict of laws principles. In the event of a dispute and an award or judgment in favor of the prevailing party, the non-prevailing party shall pay all court costs, reasonable legal fees and expenses, and legal interest on the award/judgment.

Term and Termination

This Agreement shall commence upon the date of Client’s signature or email approval of project proposal. In case of agreement termination by Client, frissn creative studio will be entitled to payment for all services performed hereunder prior to the date of termination. frissn creative studio shall not be responsible for any delays in delivery of Work Product due to Client’s failure to provide materials requested by frissn creative studio that are necessary to complete any Work Product, any other delays caused by Client, or Client’s failure to comply with any terms of this Agreement. frissn creative studio reserves the right to cease work on and hold all work in progress at any time or to terminate this Agreement, without penalty, should these terms not be met or should Client breach any term of this Agreement.

General

The failure of either party to require performance under this Agreement shall not affect the full right to require performance any time thereafter, nor shall the waiver by either party of any breach of a provision of this Agreement be held to be a waiver of breach of the Agreement itself. In the event any provision of this Agreement shall be held to be unenforceable or invalid under applicable law or applicable court decision, such unenforceability or invalidity shall not invalidate the Agreement as a whole, or, if it would, shall provision shall be amended to be in compliance with the law or struck entirely from the Agreement. This Agreement contains the entire agreement between the parties and supersedes any prior agreement or understanding, whether written or oral. The following paragraphs shall survive the expiration or termination of this Agreement: Rights, usage and deliverables; Publicity; Design Clearance; Warranties; Independent Contractor; Disputes; Term and Termination; General. Any amendments to this Agreement must be in writing and signed by both parties

Confidentiality

Client may disclose Confidential Information to frissn creative studio during the provision of services. Confidential Information shall be defined as non-public and proprietary information, whether in written, oral, electronic or any other form, including information related to research, development, preclinical and clinical programs, data and results; pharmaceutical or biologic candidates and product; business, financial, and technical strategies and information. frissn creative studio agrees to (i) only use such Confidential Information for the purpose of providing the services under this proposal, (ii) hold such information in confidence and only disclose the information to employees or consultants who need to know such information to carry out the services and are under an obligation of confidentiality at least as strict as those herein; and (iii) notify Client of any unauthorized disclosure or use of which frissn creative studio becomes aware. In addition, frissn creative studio hereby agrees not to purchase or sell any securities of the Client in violation of any applicable securities laws or internal policies related to insider trading while it is in possession of Confidential Information of the other party.

If you have any questions or concerns regarding these terms, please do not hesitate to call or email.

Receipt of deposit, signed contract, and/or written emails approving the start of a project or ongoing projects indicate acceptance of these terms.

Any custom contracts supersede these terms.

 

LAST UPDATED JULY 18, 2026