1
Engagement Terms (Applies Automatically Upon Payment)
Payment of the retainer on the next page constitutes full acceptance of the terms below.
2
Service Overview
This retainer provides 20 consulting hours at a flat $25/hr ($500 total). Hours are valid for 12 months from payment date and billed in 15-minute increments. Work begins after payment and all deliverables are produced on a first-available, queue-based schedule.
Customer may email work descriptions to Project Lead julie@sparkicreative.com. If the Customer doesn’t have a work description to email, they are welcome to book a billable (as part of retainer) Discovery call to provide the information to the consultant before execution.
3
Scope of Hours and Work Expectations
This retainer provides a block of consulting hours that will be applied toward strategy, analysis, writing, design, implementation, or other agreed-upon tasks. Some projects require additional hours beyond the initial block, depending on complexity, revisions, and Customer responsiveness. Consultant will advise when more time is needed so Customer can decide whether to continue, pause, or purchase additional hours at the same hourly rate with payment due before additional work begins.
Retainer funds cover time, not outcomes or deliverable quantity. Work requiring additional paid software, tools, or third-party assets will be discussed and approved before costs are incurred.
4
Intellectual Property and Usage Rights
Consultant retains all ownership of pre-existing methodologies, templates, proprietary systems, methods, prompts, frameworks, AI workflows, and intellectual property ("IP").
Customer receives a non-exclusive, non-transferable license to use deliverables for internal business use only. "Internal use" means use within Customer's own business operations and not for the benefit of third-party clients, for resale, white-labeling, redistribution, or commercial exploitation in any form.
5
Refund Policy
This retainer is non-refundable except as provided in the Early Termination section below.
6
Early Termination by Consultant
Consultant reserves the right to discontinue Services if, in Consultant's reasonable judgment, continued engagement is no longer practical, ethical, or aligned with project objectives due to reasons including but not limited to: significant scope creep, non-payment, unresponsive customer communication, ethical concerns, or fundamental misalignment of expectations.
In such case, Consultant will provide written notice to Customer and refund any unearned, prepaid funds for work not yet performed as of the termination date. Refunds will be calculated based on actual time spent at the agreed hourly rate, billed in 15-minute increments. Upon refund, this agreement shall be considered fully satisfied, and neither party shall have any further obligation to the other.
7
Customer Responsibilities
Customer agrees to provide timely responses, materials, and feedback necessary for Consultant to perform Services. Delays caused by Customer non-responsiveness may extend project timelines and are not grounds for refund.
8
Limitation of Liability
Consultant's total liability under this agreement, whether in contract, tort, or otherwise, shall not exceed the total amount paid by Customer for Services under this retainer.
9
General Terms
All communication and services are remote. Nothing in this engagement creates a partnership, employment relationship, joint venture, or exclusivity arrangement. Consultant is an independent contractor responsible for their own taxes and benefits.
This agreement is governed by the laws of California. Any disputes arising from this agreement will be resolved through binding arbitration in Los Angeles County, California in accordance with the rules of the American Arbitration Association.
If any provision of this agreement is found unenforceable, the remaining provisions shall remain in full effect.
Effective Date: July 17, 2025
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