MASTER SERVICE AGREEMENT
Clear Terms.
Professional Service.
One E4 Standard.
This Master Service Agreement establishes the terms that govern services, rentals, creative work, digital projects, and other products provided by E4 Digital Marketing. It is designed to clearly define responsibilities, payment terms, service expectations, and the policies that protect both E4 Digital Marketing and our clients.
EFFECTIVE AUGUST 2026 • VERSION 2.0 • E4 DIGITAL MARKETING
SECTION 1
Introduction
This Master Service Agreement ("Agreement") is entered into by and between E4 Digital Marketing ("Company," "E4," "We," "Us," or "Our") and the individual or entity purchasing or receiving services, products, rentals, creative work, or other deliverables from E4 Digital Marketing ("Client," "You," or "Your").
The Effective Date of this Agreement is the date the Client accepts the Agreement during the online booking, proposal, contracting, payment, or service-acceptance process.
By signing this Agreement, checking an acceptance box, paying a required retainer or initial payment, electronically accepting a proposal or booking, or otherwise expressly accepting this Agreement, the Client acknowledges that they have read, understood, and agree to be legally bound by its applicable terms.
This Agreement governs services, rentals, products, projects, and deliverables provided by E4 Digital Marketing unless different or additional terms are expressly agreed to in writing.
SECTION 2
Services Covered
This Agreement may apply to services including, but not limited to:
Photography & Studio Photography
Wedding Photography & Videography
Event Photography & Videography
Funeral & Memorial Media Services
Livestreaming & Remote Production
Photo Booth & 360 Booth Services
Marquee Letters & Numbers
Throne Chairs & Event Furniture
Cold Sparks, Low-Lying Fog & Special Effects
Audio, Visual & Event Production Services
Corporate Media Production
Digital Marketing
Website Design & Development
Graphic Design
Social Media Content Creation & Management
Video Editing & Post-Production
Drone Services when permitted by law
Other services, rentals, products, or deliverables offered by E4 Digital Marketing
Future services offered by E4 Digital Marketing may also be governed by this Agreement unless different terms are provided in writing.
Only provisions reasonably applicable to the Client's purchased service, rental, project, or deliverable shall apply. Service-specific provisions do not impose unrelated service requirements on Clients who did not purchase those services.
SECTION 3
Scope of Services
E4 Digital Marketing agrees to provide only those services, rentals, products, project deliverables, coverage periods, quantities, or other items specifically selected by the Client during the booking process or otherwise confirmed in an accepted proposal, invoice, order, statement of work, or written communication.
Services, deliverables, revisions, rental items, coverage time, or other work not expressly included in the Client's purchased package or confirmed scope are not included.
Additional services or changes requested before, during, or after performance may be accepted at E4 Digital Marketing's discretion and may require additional payment.
When reasonably necessary because of equipment failure, personnel illness or unavailability, emergencies, supply limitations, safety concerns, or other unforeseen circumstances, E4 Digital Marketing may substitute reasonably comparable personnel, equipment, materials, technology, or production methods when doing so does not materially alter the essential nature of the purchased service.
SECTION 4
Booking, Retainers & Confirmation
A booking, event date, rental reservation, production date, or project is not considered confirmed until all requirements identified by E4 Digital Marketing for that service have been completed.
These requirements may include:
Acceptance of this Master Service Agreement
Payment of the required retainer, deposit, initial payment, or full payment
Acceptance of an applicable proposal, estimate, invoice, package, or statement of work
Approval of the requested date or project by E4 Digital Marketing
Completion of required booking information
Unless different payment terms are stated in the Client's booking, proposal, invoice, package, or written agreement:
Wedding Photography and Wedding Videography bookings require a non-refundable retainer equal to 25% of the total booking price.
Other event services, rentals, photography, videography, livestreaming, photo booth services, and similar bookings generally require a non-refundable retainer equal to 50% of the total booking price.
Project-based, recurring, corporate, digital marketing, website, design, editing, and other non-event services may use different payment schedules as stated in the applicable proposal, invoice, subscription, statement of work, or written agreement.
The specific payment terms presented for the Client's purchased service control if they differ from these general defaults.
A retainer compensates E4 Digital Marketing for reserving availability, beginning administrative or production work, allocating personnel or equipment, and potentially declining other business opportunities.
Except where otherwise required by applicable law or expressly stated in writing, retainers are non-refundable.
SECTION 5
Payment Terms
The Client agrees to pay all fees according to the payment schedule presented during booking or stated in the applicable proposal, invoice, package, subscription, statement of work, or written agreement.
For event services and rentals, unless different terms are stated in writing, the remaining balance must be paid before services begin or equipment is dispatched for the scheduled event.
For project-based or recurring services, payments may be required in installments, milestones, recurring billing periods, or other schedules stated in the applicable agreement or invoice.
Failure to make payment when due may result in delayed setup, delayed production, suspension of work, suspension of recurring services, withholding of deliverables, cancellation of services, refusal to dispatch equipment, or refusal to begin or continue work until payment has been received.
Accepted payment methods may include cash, credit or debit card, approved electronic payment methods, and business checks when approved by E4 Digital Marketing.
Returned checks or reversed payments may be subject to a $50 returned-payment fee plus reasonable bank or processing fees incurred by E4 Digital Marketing, where permitted by law.
The Client agrees to first contact E4 Digital Marketing and make a good-faith effort to resolve any billing or service dispute before initiating a payment dispute or chargeback.
Nothing in this Agreement limits any lawful right the Client may have to dispute an unauthorized, fraudulent, or legally improper charge.
If a payment dispute or chargeback is initiated concerning amounts legitimately due for services, rentals, products, or deliverables properly provided under this Agreement, E4 Digital Marketing reserves the right to provide booking records, acceptance records, communications, delivery records, photographs, tracking information, service documentation, and other relevant evidence to the payment processor or financial institution and to pursue unpaid amounts and reasonable collection costs where permitted by law.
SECTION 6
Cancellation & Rescheduling
Cancellation and rescheduling rights may vary by service. Any service-specific cancellation or rescheduling terms presented in the Client's booking, proposal, invoice, package, statement of work, or written agreement control if they differ from the general provisions below.
For event-based services, the Client may request one reschedule by providing written notice at least seven (7) calendar days before the scheduled event date.
Approval is subject to E4 Digital Marketing's availability.
Unless otherwise agreed in writing, an approved rescheduled event must occur within thirty (30) days of the original event date.
Only one complimentary reschedule is permitted under this general policy. Additional rescheduling requests may be denied or may require an additional retainer or rescheduling fee.
If the Client cancels an event booking, amounts previously paid may be non-refundable as provided by the applicable booking terms and permitted by law.
Project-based, recurring, digital, corporate, website, marketing, design, and other non-event services may have different cancellation, termination, renewal, or rescheduling provisions stated in the applicable proposal, subscription, statement of work, invoice, or written agreement.
If E4 Digital Marketing is unable to provide a contracted service because of circumstances solely within its reasonable control, E4 Digital Marketing may first attempt to provide a qualified replacement, comparable substitute, reasonable reschedule, service credit, or other commercially reasonable solution.
If the affected service cannot reasonably be provided or replaced, any refund obligation will be determined by the portion of the purchased service that could not be performed, applicable law, and any service-specific written terms.
SECTION 7
Client Responsibilities
The Client agrees to provide accurate, complete, and timely information reasonably necessary for E4 Digital Marketing to perform the purchased services, rentals, projects, or deliverables.
Depending on the purchased service, required information may include event location, venue name, venue contact information, event schedule, setup and pickup times, emergency contacts, project requirements, deadlines, branding materials, content, account access, approvals, technical information, and special instructions.
The Client is responsible for notifying E4 Digital Marketing as soon as reasonably possible of material changes that may affect performance of the purchased service.
The Client is also responsible for obtaining any permissions, approvals, access, licenses, venue authorizations, or other rights that the Client is specifically responsible for under the applicable service.
E4 Digital Marketing is not responsible for delays, reduced services, missed coverage, additional costs, or inability to perform caused by inaccurate, incomplete, late, or withheld information or access within the Client's control.
Additional work, personnel time, travel, production, or expenses caused by material Client changes or omissions may result in additional charges when reasonably necessary.
SECTION 8
Event, Venue Access & Setup Requirements
This Section applies when E4 Digital Marketing provides services, production, rentals, equipment, or coverage at an event or third-party location.
The Client shall ensure that E4 Digital Marketing has reasonable and timely access to the location during agreed delivery, setup, production, service, and pickup periods.
When applicable to the purchased service, the Client shall arrange reasonable access to:
Reliable electrical power
Internet or network access when required for the purchased service
Safe and adequate setup space
Elevator or ramp access when reasonably necessary for equipment transportation
Loading and unloading access
Venue contacts or authorized personnel
Any table, chairs, utilities, permissions, or other venue resources specifically identified as Client responsibilities before the event
The Client is responsible for confirming that the venue permits the purchased services and equipment.
E4 Digital Marketing is not responsible for delays, reduced coverage, missed services, or additional costs caused by venue restrictions, security procedures, inaccessible areas, unavailable contacts, locked facilities, denied access, unavailable utilities, or inaccurate information outside E4 Digital Marketing's reasonable control.
If E4 Digital Marketing cannot reasonably begin setup, delivery, or performance within one (1) hour of the agreed access or setup time because of circumstances within the Client's or venue's control, E4 Digital Marketing may reduce the available service period, assess reasonable additional charges, or leave the location when performance is no longer reasonably practical. Payments will remain subject to the applicable booking and cancellation terms.
SECTION 9
Delivery, Setup, Pickup & Overtime
This Section applies to event services, rentals, equipment delivery, and other location-based services when applicable.
E4 Digital Marketing will make commercially reasonable efforts to arrive within the agreed delivery, setup, or production window.
E4 Digital Marketing is not responsible for reasonable delays caused by traffic accidents, severe weather, road closures, venue restrictions, emergencies, governmental actions, transportation interruptions, or other circumstances beyond its reasonable control.
Rental equipment must remain reasonably accessible for retrieval at the agreed pickup time.
If equipment cannot be retrieved because of locked facilities, unavailable venue personnel, denied access, Client delays, or other circumstances within the Client's or venue's control, additional rental, labor, travel, storage, or retrieval charges may apply.
Services requested beyond the purchased coverage or service period are subject to personnel and equipment availability and will be billed at the applicable additional-time, overtime, or extension rate.
SECTION 10
Rental Equipment Terms
This Section applies when the Client rents, receives, possesses, supervises, or is responsible for equipment or physical property supplied by E4 Digital Marketing.
Rental equipment may include photo booths, 360 booths, marquee letters or numbers, throne chairs, furniture, backdrops, props, lighting, audio equipment, special-effects equipment, accessories, and other physical items supplied by E4 Digital Marketing.
The Client shall exercise reasonable care to protect rental equipment from damage, theft, disappearance, vandalism, misuse, unauthorized operation, weather exposure, food or beverage damage, and improper handling.
Unless expressly authorized by E4 Digital Marketing, equipment may not be relocated, modified, disassembled, climbed upon, hung from, operated by unauthorized persons, or used for a purpose for which it was not designed.
The Client shall follow reasonable safety, operation, and placement instructions provided by E4 Digital Marketing.
SECTION 11
Equipment Damage, Loss & Replacement
When rental equipment or other E4 property is placed under the Client's possession, supervision, or reasonable control, the Client may be financially responsible for damage, destruction, theft, disappearance, vandalism, excessive cleaning, misuse, or loss occurring during that period, except to the extent caused by ordinary wear, an inherent equipment defect, or E4 Digital Marketing's negligence.
Responsibility may include damage caused by the Client, guests, family members, children, vendors, venue personnel, contractors, animals, unauthorized users, improper handling, or preventable weather exposure.
Where permitted by law and reasonably supported by the loss incurred, charges may include:
Reasonable repair costs
Replacement costs for equipment that cannot reasonably be repaired
Cleaning beyond ordinary use
Necessary shipping or transportation expenses
Replacement-rental expenses
Reasonably documented lost rental income while damaged equipment is unavailable
E4 Digital Marketing will provide reasonable documentation of material damage charges upon request.
Unless a different payment period is stated in writing, invoiced damage or replacement charges are due within fourteen (14) calendar days.
SECTION 12
Rental Condition & Acceptance
E4 Digital Marketing makes commercially reasonable efforts to inspect and maintain rental equipment before use or delivery.
The Client acknowledges that commercial event and rental equipment may exhibit ordinary cosmetic wear consistent with normal use, including minor scratches, scuffs, paint wear, or other non-material imperfections.
Ordinary cosmetic wear that does not materially interfere with the intended use of the equipment does not constitute a service failure.
The Client or authorized representative should notify E4 Digital Marketing as soon as reasonably practical after delivery or setup if equipment has a material defect, significant damage, or condition that interferes with its intended use.
If no material issue is reported within a reasonable period after delivery or setup, the equipment may be considered accepted in substantially satisfactory condition, subject to defects that could not reasonably have been discovered at delivery.
SECTION 13
Photography, Videography & Creative Services
This Section applies when the Client purchases photography, videography, studio photography, editing, content creation, or another creative production service.
E4 Digital Marketing will use commercially reasonable efforts to perform creative services in a professional manner consistent with the Company's portfolio, experience, production standards, and the scope of the purchased service.
The Client acknowledges that photography, videography, editing, posing, composition, lighting, color grading, retouching, music selection, camera placement, framing, cropping, pacing, storytelling, and other creative decisions involve professional and artistic judgment.
Unless expressly promised in writing, E4 Digital Marketing does not guarantee any particular photograph, video clip, pose, expression, guest, decoration, reaction, camera angle, moment, or creative result.
The Client agrees to communicate material creative requirements before production whenever reasonably possible.
Subjective differences in artistic preference alone do not constitute failure to perform the purchased service when E4 Digital Marketing has substantially delivered the agreed scope in a professional manner.
SECTION 14
Client Cooperation, Coverage & Studio Sessions
The Client agrees to provide reasonable cooperation, access, time, information, and participation necessary for E4 Digital Marketing to perform photography, videography, studio, or other production services.
For event coverage, E4 Digital Marketing is not responsible for missed or reduced coverage caused by circumstances outside its reasonable control, including late arrivals, schedule changes, venue or religious restrictions, officiant restrictions, guests blocking cameras, uncooperative individuals, poor or changing lighting, weather, venue noise, vendor delays, restricted access, or events occurring simultaneously in different locations.
For studio and portrait sessions, the Client is responsible for arriving on time and reasonably prepared for the scheduled session.
Unless otherwise agreed in writing, session time begins at the scheduled appointment time. Client lateness may reduce available shooting time when another booking, studio reservation, employee schedule, or operational requirement prevents an extension.
Additional session time is subject to availability and may require additional payment.
E4 Digital Marketing does not guarantee a specific number of usable photographs or media unless a quantity is expressly included in the purchased package.
Where a package includes a specified number of professionally retouched or edited photographs, the Client may be required to select those photographs from a proof or selection gallery before final retouching begins.
SECTION 15
Livestreaming & Remote Production
This Section applies when the Client purchases livestreaming, remote production, streaming support, or related broadcast services.
E4 Digital Marketing will use commercially reasonable efforts, professional equipment, preparation procedures, and available redundancy appropriate to the purchased service to provide reliable production.
The Client acknowledges that livestreaming and remote production may depend upon systems outside E4 Digital Marketing's direct control, including venue internet service, cellular networks, Wi-Fi, local network infrastructure, electrical power, third-party streaming platforms, social-media platforms, cloud services, content-delivery networks, and other technology providers.
E4 Digital Marketing does not guarantee uninterrupted internet connectivity or uninterrupted operation of third-party platforms.
Temporary buffering, brief interruptions, adaptive reductions in video quality, platform outages, network congestion, or other disruptions caused by systems outside E4 Digital Marketing's reasonable control do not by themselves constitute a failure to perform.
When reasonably possible, E4 Digital Marketing may use backup connections, bonded connections, local recording, redundant equipment, alternate platforms, or other contingency methods, but availability of any particular backup method depends upon the purchased service and production environment.
SECTION 16
Photo Booth & Interactive Event Services
This Section applies to Digital Photo Booths, print photo booths, 360 booths, interactive booths, and similar services.
The Client shall provide any electrical power, internet connectivity, space, venue approval, table, access, or other resources identified as necessary for the purchased booth service.
Features that depend upon internet connectivity, including digital sharing, messaging, cloud delivery, or online galleries, may be delayed or temporarily unavailable when venue or third-party internet service is inadequate.
Guests are expected to use equipment safely and responsibly.
The Client may be responsible under the rental and equipment provisions of this Agreement for damage caused by guests, unauthorized persons, misuse, negligence, horseplay, food, beverages, or intentional misconduct.
Minor operational interruptions reasonably necessary for printer media replacement, paper or ink maintenance, software resets, equipment adjustments, network reconnection, calibration, or other routine service procedures do not by themselves constitute a material service failure.
E4 Digital Marketing may temporarily suspend guest use when reasonably necessary to protect equipment, correct an operational issue, or address an unsafe condition.
SECTION 17
Special Effects & Safety-Sensitive Services
This Section applies when the Client purchases cold sparks, low-lying fog, COâ‚‚ effects, confetti effects, or another service requiring venue approval, safety precautions, permits, or specialized operation.
Unless expressly agreed otherwise in writing, the Client is responsible for confirming that the venue permits the purchased effect and for obtaining Client-controlled venue approvals or permissions reasonably necessary for its use.
E4 Digital Marketing may request confirmation of venue approval before dispatch or operation.
E4 Digital Marketing reserves the right to delay, modify, refuse, or discontinue operation of an effect when Company personnel reasonably believe its use would violate applicable law, venue policy, manufacturer requirements, or create an unsafe condition.
If an effect cannot be used because venue management, fire officials, governmental authorities, event coordinators, or other authorized personnel prohibit its use for reasons outside E4 Digital Marketing's reasonable control, any refund or credit will be determined according to the applicable booking terms and the extent to which E4 Digital Marketing has already incurred costs, reserved equipment, dispatched personnel, delivered equipment, or performed other portions of the purchased service.
SECTION 18
Media Delivery & Turnaround
Unless otherwise stated in the purchased package, proposal, invoice, statement of work, or written agreement, completed digital media will generally be delivered electronically.
Any delivery timeframe displayed on a service page, booking, package, proposal, or written communication should be treated as the applicable estimated turnaround for that service.
Where no different timeframe is provided, E4 Digital Marketing's general estimated maximum turnaround is:
Wedding photography and wedding videography — up to ninety (90) days.
Other event photography and videography — up to thirty (30) days.
Studio photography and portrait services — according to the turnaround stated in the purchased package or booking.
Corporate, commercial, editing, design, website, marketing, and other project-based services — according to the applicable proposal, project schedule, statement of work, or written agreement.
Delivery estimates may be reasonably extended because of unusually large projects, Client-requested changes, delayed Client selections or approvals, illness, equipment or software failure, third-party service interruptions, emergencies, natural disasters, or other circumstances outside E4 Digital Marketing's reasonable control.
If a material unforeseen delay occurs, E4 Digital Marketing will make reasonable efforts to communicate the revised expected timeframe.
SECTION 19
Revisions, Selections & Client Approvals
The number and type of revisions, selections, proofs, consultations, or approval opportunities included with a service are determined by the purchased package, proposal, invoice, statement of work, or written agreement.
Unless expressly included, unlimited revisions are not included.
A revision means a reasonable modification to work already created within the original agreed scope. Requests that materially change the original concept, scope, design, production requirements, deliverables, or previously approved work may be treated as additional work and may require additional payment.
When Client selections, feedback, content, approvals, or decisions are required before E4 Digital Marketing can continue work, the Client agrees to provide them within a reasonable timeframe.
Project schedules and delivery estimates may be extended when required Client selections, materials, feedback, or approvals are delayed.
Approval of a proof, design, edit, layout, concept, website element, graphic, video, photograph selection, or other deliverable authorizes E4 Digital Marketing to proceed based upon that approval.
Changes requested after approval may require additional time and payment.
SECTION 20
RAW Files, Project Files & Working Materials
Unless expressly included in the purchased service or agreed to in writing, RAW photographs, unedited video footage, project files, editing timelines, design source files, working files, drafts, rejected concepts, software project files, internal production documents, and other unpublished working materials are not included as Client deliverables.
Such materials remain under the ownership and control of E4 Digital Marketing subject to applicable law and any different written agreement.
The Client receives only those final files, deliverables, exports, products, or materials expressly included in the purchased service.
If E4 Digital Marketing agrees to provide RAW files, source files, project files, or other working materials, additional charges, storage costs, transfer costs, licensing restrictions, or separate terms may apply.
SECTION 21
File Retention & Client Backup Responsibility
Upon delivery, the Client is responsible for downloading, reviewing, and safely storing delivered photographs, videos, graphics, documents, website assets, or other digital files.
E4 Digital Marketing strongly recommends maintaining multiple independent backups of important files.
Unless a longer retention period is expressly included in the purchased service or agreed to in writing, E4 Digital Marketing does not guarantee indefinite storage or archival of completed Client files.
E4 Digital Marketing may delete archived project materials after thirty (30) days following final delivery, completion, or termination of the applicable service, unless a different retention period is stated in writing.
If files remain available after the applicable retention period, E4 Digital Marketing may attempt to restore or re-deliver them upon request, but availability is not guaranteed and reasonable retrieval, restoration, storage, or transfer fees may apply.
SECTION 22
Intellectual Property & Client License
Except where ownership is expressly transferred in writing or applicable law provides otherwise, E4 Digital Marketing retains its ownership rights in original photographs, video recordings, graphics, designs, creative works, templates, production methods, source materials, and other copyrightable work created by E4 Digital Marketing.
Upon full payment, the Client receives the license reasonably necessary to use the final delivered work for the purpose for which the service was purchased.
For weddings, family photography, maternity, portraits, graduations, funerals, and other personal-use services, the Client generally receives a non-exclusive license for personal use, display, sharing, and personal reproduction of the final delivered media.
For corporate, business, advertising, marketing, branding, website, commercial photography, commercial videography, social media, graphic design, and other services purchased for business purposes, the Client generally receives a non-exclusive commercial-use license to use the final delivered work for the Client's own lawful business, promotional, advertising, website, social-media, internal, and marketing purposes.
Unless expressly transferred in writing, copyright ownership is not transferred merely because the Client receives a commercial-use license.
The Client may not resell, sublicense, license to unrelated third parties, claim authorship of, or commercially redistribute E4 Digital Marketing's creative work as standalone stock, templates, production assets, or competing products unless expressly authorized in writing.
Any different licensing or ownership terms stated in a proposal, package, statement of work, or written agreement control over these general provisions.
SECTION 23
Promotional Use, Model Release & Privacy Requests
Unless the Client submits a written privacy request before production or the applicable service is expressly designated confidential, the Client grants E4 Digital Marketing permission to display and use lawfully created photographs, videos, recordings, graphics, completed project excerpts, testimonials, event details, business names, and production highlights for E4 Digital Marketing's portfolio, website, social media, advertising, demonstrations, educational materials, competitions, case studies, and other lawful promotional purposes.
For private events, E4 Digital Marketing does not undertake responsibility for obtaining individual promotional releases from every guest or attendee unless expressly agreed in writing.
The Client represents that they have authority to grant permissions concerning materials, locations, participants, employees, models, or other subjects specifically arranged or supplied by the Client to the extent such authority is reasonably required for the purchased service.
A Client who does not want E4 Digital Marketing to publicly use identifiable Client media should submit that request in writing before production whenever reasonably possible.
E4 Digital Marketing will make commercially reasonable efforts to honor timely privacy requests but may retain materials when reasonably necessary for internal records, legal compliance, insurance, dispute documentation, backups, or other legitimate non-public business purposes.
Nothing in this Section authorizes E4 Digital Marketing to publicly disclose passwords, private credentials, payment information, confidential account information, or other information that is not reasonably intended for promotional use.
SECTION 24
Client-Supplied Materials & Third-Party Rights
The Client is responsible for materials supplied or specifically directed to be used by the Client, including logos, photographs, videos, music, fonts, graphics, trademarks, written content, data, advertising claims, documents, recordings, software, and other intellectual property.
The Client represents that they own, license, have permission to use, or otherwise possess sufficient rights for E4 Digital Marketing to use Client-supplied materials as reasonably necessary to perform the purchased service.
E4 Digital Marketing may refuse to use materials when it reasonably believes their use may violate law, intellectual-property rights, platform rules, safety requirements, or the rights of another person or entity.
The Client is responsible for claims arising from Client-supplied materials or Client-directed uses that infringe or violate third-party rights, except to the extent the claim results from an unauthorized modification or use by E4 Digital Marketing outside the Client's instructions or purchased scope.
Third-party licenses, stock assets, music licenses, fonts, software, templates, or other licensed materials incorporated into a project may remain subject to the applicable third-party license terms and are not necessarily transferred or owned by either party.
SECTION 25
Digital Marketing, Advertising & Performance
This Section applies when the Client purchases digital marketing, advertising, search engine optimization, social media marketing, campaign management, lead-generation support, content marketing, consulting, or similar services.
E4 Digital Marketing will use commercially reasonable efforts to perform the purchased services in accordance with the applicable package, proposal, statement of work, campaign plan, or written agreement.
The Client acknowledges that marketing and advertising results depend upon numerous factors outside E4 Digital Marketing's reasonable control, including competition, market conditions, consumer behavior, seasonality, pricing, offers, website performance, sales processes, reputation, reviews, advertising-platform algorithms, search-engine algorithms, auction conditions, audience demand, Client responsiveness, and third-party platform decisions.
Unless expressly guaranteed in a separate written agreement, E4 Digital Marketing does not guarantee any particular number of impressions, clicks, website visitors, inquiries, leads, appointments, bookings, customers, sales, search-engine rankings, advertising positions, conversion rates, revenue, profit, return on advertising spend, or return on investment.
Historical performance, projections, estimates, forecasts, industry benchmarks, case studies, and prior campaign results are informational and do not guarantee future performance.
E4 Digital Marketing may make reasonable adjustments to campaigns, targeting, keywords, creative materials, bidding strategies, budgets, placements, schedules, landing pages, or other marketing elements within the purchased scope when reasonably intended to improve performance or respond to changing conditions.
The Client remains responsible for the accuracy, legality, availability, pricing, fulfillment, customer service, warranties, representations, and business practices associated with the Client's own products, services, offers, and operations.
Marketing performance does not by itself determine whether E4 Digital Marketing has properly performed the purchased services.
SECTION 26
Advertising Budgets, Platform Charges & Client Billing
Unless expressly stated otherwise in writing, advertising budgets, media spend, boosted-post costs, platform charges, listing fees, software subscriptions, domain fees, hosting fees, stock-asset fees, third-party application fees, and other third-party expenses are separate from E4 Digital Marketing's service or management fees.
The Client is responsible for funding approved advertising budgets and third-party expenses associated with the purchased services.
Advertising platforms and other third-party providers may charge the Client directly or may require payment through an account or payment method associated with the Client.
When E4 Digital Marketing pays an approved third-party expense on the Client's behalf, the Client may be required to reimburse E4 Digital Marketing in accordance with the applicable proposal, invoice, package, or written agreement.
Advertising budgets represent amounts authorized for advertising expenditure and are not guarantees that a platform will spend exactly that amount during a particular period.
Actual platform spending may vary because of campaign settings, auction conditions, account restrictions, billing thresholds, pacing, platform adjustments, audience availability, technical issues, or other circumstances outside E4 Digital Marketing's reasonable control.
Unless expressly agreed otherwise in writing, unused advertising budget does not constitute earned compensation to E4 Digital Marketing.
E4 Digital Marketing's management, setup, creative, consulting, production, or service fees compensate E4 Digital Marketing for work performed and are separate from advertising results or third-party media spend.
SECTION 27
Third-Party Platforms, Accounts & Service Availability
Many E4 Digital Marketing services depend upon third-party platforms, software, websites, hosting providers, social networks, advertising systems, search engines, payment processors, scheduling systems, cloud services, plugins, applications, APIs, telecommunications providers, or other external services.
E4 Digital Marketing does not own or control these third-party services and cannot guarantee their continued availability, functionality, pricing, policies, approval processes, algorithms, integrations, security practices, or performance.
Third-party providers may modify, suspend, restrict, reject, disable, terminate, or otherwise affect accounts, advertisements, websites, integrations, campaigns, content, features, or services without E4 Digital Marketing's approval or control.
E4 Digital Marketing is not responsible for outages, suspensions, policy changes, account restrictions, rejected advertisements, algorithm changes, integration failures, data interruptions, service discontinuation, platform errors, or other failures caused primarily by third-party systems outside E4 Digital Marketing's reasonable control.
The Client agrees to comply with applicable third-party platform terms, policies, verification requirements, payment requirements, and account rules.
When performance requires access to a Client-controlled account, the Client is responsible for providing appropriate access, permissions, approvals, verification information, or cooperation reasonably necessary for E4 Digital Marketing to perform the purchased services.
Delays or inability to perform caused by missing Client access, expired credentials, failed verification, Client-controlled security settings, unpaid third-party balances, account restrictions, or Client failure to provide required cooperation may extend project schedules or limit the services E4 Digital Marketing can perform.
E4 Digital Marketing may recommend alternative platforms, software, configurations, or workflows when a third-party service becomes unavailable or unsuitable, but implementation of replacement systems may require additional work, time, or charges when outside the originally purchased scope.
SECTION 28
Website Design, Development & Digital Projects
This Section applies when the Client purchases website design, website development, landing pages, digital systems, integrations, graphic design, editing, or similar project-based services.
E4 Digital Marketing will perform the work included in the applicable package, proposal, invoice, statement of work, or written agreement.
The Client is responsible for timely providing reasonably necessary content, photographs, logos, account access, business information, product information, approvals, feedback, legal disclosures, policies, and other materials required to complete the project.
Project schedules and estimated completion dates may be extended when Client materials, decisions, approvals, access, payments, or feedback are delayed.
Unless expressly included in writing, ongoing maintenance, hosting, domain registration, software subscriptions, plugin subscriptions, content updates, security monitoring, search-engine optimization, technical support, or future modifications are not automatically included after completion of the purchased project.
Websites, integrations, applications, plugins, themes, APIs, hosting services, and other digital systems may depend upon third-party technology and remain subject to the third-party provisions of this Agreement.
E4 Digital Marketing does not guarantee that a website, application, integration, or other digital product will remain compatible with every future browser, device, operating system, software update, platform change, plugin update, API change, accessibility standard, search-engine requirement, or third-party service unless ongoing support for that purpose is expressly purchased.
Unless expressly agreed otherwise in writing, the Client is responsible for reviewing final website content, business information, pricing, contact information, policies, disclosures, and other Client-specific information for accuracy before final approval or publication.
SECTION 29
Client Accounts, Credentials & Authorized Access
When the purchased service requires access to Client-controlled websites, domains, advertising accounts, social-media accounts, email systems, analytics platforms, scheduling systems, payment systems, cloud services, software, or other accounts, the Client authorizes E4 Digital Marketing to access and use those systems only as reasonably necessary to perform the purchased services.
The Client is responsible for providing accurate access credentials, permissions, verification assistance, and authorization reasonably necessary for the work.
E4 Digital Marketing will use commercially reasonable care when handling Client-provided credentials and account access.
The Client remains responsible for maintaining appropriate ownership, administrator access, recovery information, multifactor-authentication methods, backup access, and security controls for Client-owned accounts unless a different responsibility is expressly accepted by E4 Digital Marketing in writing.
E4 Digital Marketing is not responsible for account loss, compromise, suspension, unauthorized access, or security incidents caused primarily by the Client, Client personnel, reused or compromised credentials, third-party providers, malware, phishing, platform breaches, or circumstances outside E4 Digital Marketing's reasonable control.
The Client agrees to promptly revoke or modify E4 Digital Marketing's access when services requiring such access have ended if continued access is no longer necessary.
E4 Digital Marketing may remove its own access from Client systems following completion, suspension, or termination of services.
SECTION 30
Recurring Services, Subscriptions & Ongoing Work
This Section applies when the Client purchases recurring, subscription-based, retainer, maintenance, management, hosting, marketing, content, consulting, or other ongoing services.
The applicable package, proposal, invoice, subscription, statement of work, or written agreement will determine the services included, billing frequency, price, and applicable service period.
Recurring services continue for the agreed service period unless cancelled or terminated according to the applicable written terms.
Unless expressly stated otherwise, unused hours, posts, consultations, production capacity, revisions, services, or other recurring allocations do not automatically roll over into future service periods.
The Client remains responsible for charges incurred before the effective date of cancellation or termination and for approved third-party expenses already committed or incurred on the Client's behalf.
E4 Digital Marketing may suspend recurring services for overdue balances, failed payments, missing Client cooperation, unavailable account access, or other material circumstances preventing performance.
Pricing for future renewal periods may be changed upon reasonable advance notice unless a fixed price for a specified period has been agreed to in writing.
Cancellation of a recurring service does not automatically transfer ownership of E4 Digital Marketing's internal systems, templates, processes, source files, working materials, software, licenses, or other materials that were not included as Client deliverables.
SECTION 31
Limitation of Liability & Media/Data Loss
To the fullest extent permitted by applicable law, E4 Digital Marketing shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to the purchased services, products, rentals, or this Agreement.
To the fullest extent permitted by applicable law, E4 Digital Marketing's aggregate liability for a claim arising from a particular purchased service, product, rental, or project shall not exceed the amount actually paid by the Client to E4 Digital Marketing for the specific service, product, rental, or project giving rise to the claim.
E4 Digital Marketing uses commercially reasonable procedures intended to protect photographs, videos, recordings, project materials, digital files, and other Client deliverables within E4 Digital Marketing's control.
However, digital media and electronic systems may be affected by memory-card failure, storage-device failure, equipment malfunction, software error, file corruption, theft, cyber incidents, electrical events, physical damage, or other unforeseen circumstances.
If Client media or data is permanently lost or rendered unusable due to circumstances for which E4 Digital Marketing is legally responsible, any remedy shall remain subject to applicable law and the limitations stated in this Agreement.
Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited.
SECTION 32
Indemnification
To the extent permitted by applicable law, the Client agrees to indemnify and hold harmless E4 Digital Marketing and its owners, employees, contractors, and agents from third-party claims, damages, liabilities, costs, and reasonable expenses arising from the Client's material breach of this Agreement, Client-supplied materials that infringe third-party rights, Client misuse or unauthorized operation of equipment, or negligent or wrongful acts of the Client or persons under the Client's reasonable control.
This obligation does not apply to the extent a claim results from E4 Digital Marketing's own negligence, willful misconduct, unauthorized acts, or material breach of this Agreement.
E4 Digital Marketing will provide reasonable notice of a covered third-party claim when reasonably practicable.
SECTION 33
Force Majeure
E4 Digital Marketing shall not be considered in breach of this Agreement for delay, interruption, reduction, or inability to perform caused by circumstances beyond its reasonable control.
Such circumstances may include severe weather, natural disasters, fire, flood, power outages, internet or telecommunications failures, cellular-network failures, governmental actions, public-health emergencies, venue closures, labor disruptions, civil unrest, transportation interruptions, widespread infrastructure failures, significant third-party platform outages, or equipment failure despite commercially reasonable maintenance.
When reasonably possible, E4 Digital Marketing may use substitute personnel, substitute equipment, alternate technology, rescheduling, modified performance, or other commercially reasonable contingency measures.
If the affected services cannot reasonably be performed, the parties will address rescheduling, credits, refunds, or other remedies according to the applicable booking terms, purchased service, amounts already earned or incurred, and applicable law.
SECTION 34
Governing Law & Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflict-of-law principles.
Before filing a lawsuit relating to this Agreement, the parties agree to make a good-faith effort to resolve the dispute through direct written communication and reasonable informal negotiation.
If the dispute cannot be resolved informally, either party may pursue available legal remedies in a court of competent jurisdiction.
Unless applicable law requires otherwise, the parties consent to venue in a court of competent jurisdiction located in the State of Michigan.
Nothing in this Section prevents either party from seeking emergency or injunctive relief when legally appropriate.
SECTION 35
Entire Agreement, Modification, Severability & Survival
This Master Service Agreement, together with the applicable booking, package, proposal, invoice, statement of work, written addendum, or other written service-specific terms, constitutes the agreement between E4 Digital Marketing and the Client concerning the purchased services.
Service-specific written terms may supplement this Master Service Agreement. If a directly conflicting service-specific written term has been expressly accepted by both parties, that specific term will control with respect to the applicable service.
No modification or waiver of this Agreement is effective unless made in writing and agreed to by the party against whom the modification or waiver is asserted.
Failure to enforce a provision on one occasion does not waive the right to enforce that provision on another occasion.
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall continue in effect to the fullest extent permitted by law.
Provisions that by their nature are intended to continue after completion, cancellation, or termination—including payment obligations, intellectual-property provisions, licensing terms, confidentiality obligations, equipment-damage obligations, limitation-of-liability provisions, indemnification obligations, and dispute provisions—shall survive as applicable.
SECTION 36
Electronic Acceptance
The Client acknowledges that this Agreement may be accepted electronically.
Checking an agreement or acceptance box during booking, electronically signing an applicable booking or proposal, or otherwise providing an electronic acceptance expressly associated with this Agreement constitutes the Client's acceptance of the applicable terms to the extent permitted by law.
The Client acknowledges that they have been provided an opportunity to review this Master Service Agreement before acceptance.
The Client should retain a copy of this Agreement and any applicable booking confirmation, proposal, invoice, package description, or service-specific terms for their records.
The version of this Master Service Agreement in effect when the Client accepts the applicable booking or agreement will govern that transaction unless the parties subsequently agree otherwise in writing.
END OF MASTER SERVICE AGREEMENT.