Terms of Service

Last Updated: December 11, 2025

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “user”) and Thumper Studio, Inc. (“Thumper Studio,” “we,” “us,” or “our”). By accessing or using our website at https://thumper.studio (“Website”) or engaging our marketing, creative, or video production services (“Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, do not use our Website or Services.

2. Scope of Services

Thumper Studio provides professional services including, but not limited to:

• Marketing strategy and consulting
• Creative design, branding, and campaign development
• Video production, filming, and post-production
• Content creation and related digital services

All Services may require separate written agreements, proposals, statements of work, or contracts outlining deliverables, timelines, fees, usage rights, and any project-specific terms.

3. Client Responsibilities

Clients engaging our Services agree to:

• Provide accurate and complete project information
• Deliver required content, assets, and approvals in a timely manner
• Ensure they have legal rights to all content they provide
• Meet all payment deadlines and contractual obligations

Thumper Studio is not responsible for delays caused by the Client’s inaction or lack of timely responses.

4. Intellectual Property Rights

4.1 Thumper Studio Intellectual Property

All content, creative materials, designs, concepts, scripts, footage, edits, processes, and intellectual property developed by Thumper Studio remain our exclusive property unless explicitly transferred in writing.

Upon full payment, Clients receive specific usage rights to final deliverables as outlined in their agreement.

Raw project files, working files, and drafts are not included unless separately purchased or contractually agreed upon.

4.2 Client Intellectual Property

Clients retain ownership of materials they provide. By supplying such materials, clients grant Thumper Studio a non-exclusive, royalty-free license to use, reproduce, modify, and display them for the purpose of fulfilling the Services.

4.3 Licensing of Final Deliverables

Unless stated otherwise in writing:

• Delivered creative assets include a non-exclusive, non-transferable license for agreed-upon usage.
• Exclusive rights, extended licensing, broadcast rights, and raw footage rights may incur additional fees.

5. Portfolio & Marketing Use

Thumper Studio may display completed work—including videos, designs, creative concepts, and project outcomes—in our portfolio, website, social media, reels, advertising, and case studies.

If a Client requires confidentiality or requests restriction from portfolio usage, this must be agreed upon in writing before project commencement.

6. Payments, Billing, and Fees

Clients agree to:

• Pay invoices by the stated due date
• Pay required deposits or retainers
• Cover additional project-related expenses (e.g., travel, stock assets, subcontractors) if applicable

6.1 Late Payments

Late payments may result in:

• Suspension of Services
• Delay of project timelines
• Late fees or interest charges
• Withholding of deliverables

6.2 Kill Fees & Project Cancellation

Due to the custom nature of our work:

• Deposits and retainers are non-refundable
• All work completed up to the cancellation date must be paid in full
• Kill fees may apply as outlined in the project agreement

7. Change Orders & Scope Adjustments

Requests falling outside the original scope—including additional revisions, new deliverables, or strategy changes—may require a Change Order and additional fees.

Thumper Studio reserves the right to decline work outside the agreed scope or require renegotiation.

8. Media Release & Consent

By engaging our video or photography Services, Clients grant Thumper Studio the rights necessary to film, record, edit, and produce content containing individuals, locations, or property provided by the Client.

Clients are responsible for securing any required permissions, location releases, talent releases, or third-party rights unless explicitly agreed otherwise.

9. Use of Website

Users agree not to:

• Interfere with Website functionality or security
• Attempt unauthorized access to systems or networks
• Use automated tools to scrape, copy, or monitor Website content
• Engage in unlawful or harmful activities

10. Delivery Timelines & Service Limitations

All timelines are estimates and may be impacted by:

• Client delays or lack of feedback
• Technical issues
• Vendor or platform outages
• Changes to project scope

Thumper Studio is not liable for delays caused by factors outside our control.

11. Limitation of Liability

To the fullest extent permitted by law:

• Thumper Studio is not liable for indirect, incidental, special, consequential, or punitive damages.
• Thumper Studio is not responsible for outcomes such as revenue impact, engagement performance, or third-party platform metrics.
• Total liability for any claim shall not exceed the total amount paid for the specific project.

12. Indemnification

You agree to indemnify and hold harmless Thumper Studio, Inc. from claims, damages, or losses arising from your use of the Services, your provided materials, or your breach of these Terms.

13. Third-Party Services

Our Services may rely on third-party platforms or integrations. Thumper Studio is not responsible for:

• Third-party content
• Service outages or interruptions
• Data handling practices of third parties

14. Confidentiality

Both parties agree to maintain confidentiality of all non-public information shared throughout the project unless required by law or permitted by the disclosing party.

15. Termination

Thumper Studio may terminate access to the Website or Services at any time due to breach of Terms, non-payment, harmful behavior, or legal necessity.

16. Governing Law

These Terms are governed by the laws of the State of New York. Any disputes shall be resolved in the courts of Niagara County, New York, unless otherwise agreed in writing.

17. Changes to These Terms

We may update these Terms at any time. Changes will be posted with a revised “Last Updated” date. Continuing to use our Website or Services indicates acceptance of updated Terms.

18. Contact Information

For questions regarding these Terms, contact us at:

Thumper Studio, Inc.
Email: [email protected]
Address: PO Box 2, Lewiston, NY 14092