Terms of Service - Breakout Firm

Effective Date: 1 January 2026

These Terms of Service (“Terms”) govern the use of the Breakout Firm website, services, productions, deliverables, content, and all interactions with Breakout Firm, Inc. (“Breakout Firm,” “Company,” “we,” “our,” or “us”).

By accessing our website, requesting services, scheduling a consultation, submitting an inquiry, accepting a proposal, approving a quote, placing an online order, paying an invoice, signing an agreement, authorizing work to begin, accepting delivery of content, or using content created by Breakout Firm, you agree to be legally bound by these Terms.

If you do not agree to these Terms, do not use this website or engage Breakout Firm’s services.

1. SERVICES

Breakout Firm provides professional video production, commercial production, social media content creation, real estate media, event videography, photography, editing, post-production, marketing content creation, and related creative services.

The specific scope of services for each project shall be determined by the applicable proposal, quote, invoice, statement of work, online order, email approval, project agreement, or other written communication accepted by the Client.

2. INCORPORATION INTO ALL PROJECTS

These Terms are incorporated into and made a part of every proposal, quote, invoice, online order, project agreement, statement of work, purchase order, production agreement, or other arrangement between Breakout Firm and any Client unless expressly modified by a written agreement signed by an authorized representative of Breakout Firm.

If a conflict exists between these Terms and a separately executed written agreement, the written agreement shall control only with respect to the conflicting provision.

3. ACCEPTANCE OF TERMS

A legally binding agreement is formed upon any of the following:

Accessing or using the website;
Submitting a contact form;
Scheduling a consultation;
Requesting services;
Approving a quote;
Accepting a proposal;
Approving a project by email, text message, online portal, or other electronic communication;
Placing an online order;
Paying a deposit;
Paying an invoice;
Authorizing Breakout Firm to begin work;
Accepting delivery of content; or
Using any content produced by Breakout Firm.

Electronic signatures, online approvals, electronic communications, email approvals, text message approvals, online purchases, and electronic payments shall have the same legal effect as an original handwritten signature.

No physical signature shall be required to create a binding agreement.

4. CLIENT RESPONSIBILITIES

Client is solely responsible for:

Obtaining all necessary permissions for filming locations;
Obtaining property owner approvals;
Obtaining permissions from persons appearing on camera;
Securing any required permits;
Reviewing deliverables in a timely manner;
Providing accurate information;
Ensuring that all materials supplied by Client may legally be used.

Client shall indemnify and hold Breakout Firm harmless from any claims arising from Client’s project or Client provided materials, instructions, permissions, approvals, or representations.

5. FEES AND PAYMENT

Payment terms shall be stated in the applicable proposal, quote, invoice, online order, or project agreement in writing.

Breakout Firm reserves the right to suspend services, withhold deliverables, revoke licenses, or terminate projects for nonpayment or for any reason.

Any payment dispute must be submitted in writing within thirty (30) days of the invoice date.

6. INTELLECTUAL PROPERTY OWNERSHIP

All footage, raw footage, edited footage, photographs, audio recordings, graphics, animations, project files, source files, editing timelines, production assets, deliverables, and all other creative works or materials created by Breakout Firm (collectively, the “Content”) shall remain the sole and exclusive property of Breakout Firm.

Payment for services does not transfer ownership of any intellectual property rights.

No ownership rights are transferred to Client unless expressly stated in a separate written agreement signed by Breakout Firm.

Breakout Firm retains all copyrights, intellectual property rights, and ownership interests in the Content.

7. CLIENT LICENSE

Upon full payment of all amounts due, Breakout Firm grants Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the final delivered Content solely for:

Publication on Client’s website;
Publication on Client-owned social media accounts;
Promotion of Client’s business.

The license is limited exclusively to the legal entity that engaged Breakout Firm.

The license does not extend to affiliates, successors, purchasers, franchisees, marketing agencies, contractors, third parties, or any other entity unless expressly authorized in writing by Breakout Firm.

Client shall not:

Sell Content;
License Content;
Transfer Content;
Assign Content;
Sublicense Content;
Permit third parties to edit Content;
Modify Content;
Re-edit Content;
Create derivative works;
Alter graphics or branding contained within Content;
Post in an offensive way
Post next to or in locations that are offensive.
Use raw footage;
Use source files;
Use project files;
Remove copyright notices;
Remove any Breakout Firm logos
Claim ownership of Content.

Any use not expressly authorized herein requires prior written authorization from Breakout Firm.

8. RAW FOOTAGE AND SOURCE FILES

Raw footage, source files, editing timelines, project files, graphics files, production assets, and unpublished materials remain the exclusive property of Breakout Firm.

Breakout Firm is under no obligation to provide raw footage, project files, source files, timelines, graphics packages, or production assets unless expressly agreed in writing.

9. BREAKOUT FIRM MARKETING RIGHTS

Client grants Breakout Firm a perpetual, irrevocable, worldwide, royalty-free right to use, reproduce, edit, modify, publish, distribute, display, promote, advertise, and otherwise exploit any footage, recordings, photographs, content, project materials, and deliverables created during the project.

Breakout Firm may use such materials for:

Portfolio purposes;
Marketing;
Advertising;
Website content;
Social media;
Demonstrations;
Award submissions;
Educational purposes;
Training purposes;
Internal business purposes; and
Any other lawful purpose.

No additional compensation shall be owed to Client for such use.

10. CLIENT APPROVALS

Client is responsible for reviewing and approving scripts, concepts, storyboards, graphics, captions, voiceovers, edits, and final deliverables.

Once approved by Client, Breakout Firm shall not be responsible for costs arising from subsequent changes in Client preferences or business decisions.

11. REVISIONS

Unless otherwise stated in writing, each project includes up to three (3) rounds of reasonable editing revisions.

Additional revisions may be billed at Breakout Firm’s then-current rates.

Revision requests must be submitted within thirty (30) days of delivery.

Failure to request revisions within fifteen (15) days constitutes acceptance of the project.

12. PROJECT ACCEPTANCE

A project shall be deemed accepted upon the earliest occurrence of:

Written approval;
Email approval;
Publication of Content;
Use of Content;
Failure to provide revision requests within thirty (30) days after delivery; or
Any conduct indicating acceptance.

Following acceptance, all sales become final.

13. 100% SATISFACTION GUARANTEE

If Client is dissatisfied with the final deliverable after utilizing up to three (3) rounds of revisions, Client may request a refund of fees paid directly to Breakout Firm for filming and production services.

The following expenses are specifically excluded from any refund:

Travel expenses;
Permit fees;
Location fees;
Talent fees;
Actor fees;
Model fees;
Wardrobe expenses;
Props;
Makeup expenses;
Equipment rentals;
Music licensing fees;
Stock media fees;
Drone operators;
Third-party vendor fees;
Previously approved materials created by Breakout Firm
Subcontractor fees;
Production expenses; and
Any other third-party costs incurred for the project.

Upon issuance of a refund:

All licenses immediately terminate;
Client shall immediately cease use of the Content;
Client shall permanently delete all copies of the Content;
Client shall not publish, distribute, display, transfer, or otherwise use the Content.

Any use of Content following a refund constitutes unauthorized use and copyright infringement.

Once Client accepts the final deliverable or uses the Content, no refund shall be available.

14. LICENSE REVOCATION

Any license granted by Breakout Firm automatically terminates upon:

Nonpayment;
Breach of these Terms;
Unauthorized use of Content;
Issuance of a refund; or
Termination of the business relationship.

Upon termination of any license, Client shall immediately cease all use of the Content.

15. NO GUARANTEE OF RESULTS

Breakout Firm makes no guarantee regarding sales, revenue, leads, audience growth, engagement, conversion rates, marketing performance, search rankings, or any business outcome.

16. PRODUCTION DELAYS

Breakout Firm shall not be liable for delays caused by:

Weather;
Equipment malfunction;
Illness;
Venue restrictions;
Government action;
Labor shortages;
Internet outages;
Third-party vendors;
Acts of God; or
Circumstances beyond Breakout Firm’s reasonable control.

17. FORCE MAJEURE

Breakout Firm shall not be liable for any delay, interruption, or failure to perform resulting from events beyond its reasonable control.

18. COPYRIGHT ENFORCEMENT

Any unauthorized use of Content shall constitute copyright infringement.

Breakout Firm reserves all remedies available under federal and state law, including injunctive relief, monetary damages, attorney’s fees, costs, and equitable relief.

19. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Breakout Firm’s total liability arising from any claim shall not exceed the amount paid to Breakout Firm for the applicable project.

Under no circumstances shall Breakout Firm be liable for lost profits, lost revenue, loss of goodwill, consequential damages, incidental damages, indirect damages, special damages, or punitive damages.

20. INDEMNIFICATION

Client agrees to defend, indemnify, and hold harmless Breakout Firm and its owners, members, employees, contractors, agents, and affiliates from any claims, liabilities, damages, costs, expenses, or attorney’s fees arising from:

Client-supplied materials;
Client instructions;
Intellectual property disputes;
Location disputes;
Privacy claims;
Defamation claims;
Client misconduct; or
Breach of these Terms.

21. NON-DISPARAGEMENT

The parties agree not to knowingly publish false, misleading, defamatory, or malicious statements regarding the other party.

22. TERMINATION

Breakout Firm may suspend or terminate services, projects, licenses, website access, or business relationships for nonpayment, unlawful conduct, abuse of personnel, breach of these Terms, or any circumstance reasonably necessary to protect Breakout Firm’s interests or reputation.

Melbourne Beach, FL 32951

breakoutfirm.com

BY USING THIS WEBSITE OR ENGAGING BREAKOUT FIRM’S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.