Terms of Service
Effective Date: January 1, 2025
1. Acceptance of Terms
By accessing or using the website, services, or any content provided by Elevate & Empower Collective LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services. These Terms constitute a legally binding agreement between you and the Company.
These Terms apply to all engagements. Whether or not a separate written contract, statement of work, or service agreement is executed, these Terms govern any and all interactions with our Company, including but not limited to: submitting a contact or booking form, exchanging emails or messages regarding services, providing verbal or written approval to proceed with campaign work, making any payment (partial or full), or otherwise engaging our services in any capacity. Submitting a booking inquiry, responding to a proposal, approving a campaign brief, or instructing the Company to begin work constitutes acceptance of these Terms in full. In the event of a conflict between these Terms and a separate written agreement, the separate written agreement shall control only to the extent of the specific conflict; all other provisions of these Terms remain in full force and effect.
Continuation Beyond Written Contracts. If a campaign or business relationship originally commenced under a separate written contract, statement of work, or service agreement, and that engagement continues beyond the expiration or completion of said written contract for more than thirty (30) calendar days without a new or renewed written agreement being executed by both parties, these Terms of Service shall automatically become the sole and governing agreement for the ongoing engagement. In such cases, these Terms shall supersede, replace, and override all terms, conditions, pricing structures, and obligations set forth in the prior written contract. Continued participation in the campaign, continued communication regarding deliverables, or continued acceptance of services after the 30-day period constitutes acknowledgment and acceptance that these Terms govern the remainder of the engagement in full. The Company is under no obligation to notify the other party that the transition to these Terms has occurred; it is the responsibility of all parties to ensure timely renewal of written agreements if different terms are desired.
2. Description of Services
Elevate & Empower Collective LLC is an influencer marketing agency that connects brands with content creators. We are not a talent agency, employment agency, or management firm. Our services include but are not limited to:
- Creator-brand partnership facilitation and matching
- Campaign management and execution
- Content licensing and usage rights negotiation
- Creator network placement and matching
- TikTok Shop and social commerce campaigns
- Educational resources and coaching through The Haute Society by Elevate & Empower Collective™ (premium membership)
Florida Talent Agency Disclaimer (Fla. Stat. §468.401–468.414)
Elevate & Empower Collective LLC is not a licensed talent agency under the Florida Talent Agency Act (Florida Statutes §468.401–468.414). We do not procure, offer, promise, or attempt to obtain employment or engagements for performers as defined under Florida law. We do not act as an agent, representative, or manager for any individual. Our role is limited to operating a marketing platform that facilitates connections between brands seeking promotional partnerships and independent content creators who may choose to participate. No fiduciary, employment, management, or agency relationship is created by participation in our Creator Network, use of our website, or engagement with any of our services.
3. Eligibility
You must be at least 18 years of age to use our services. By using our services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.
4. Creator Terms
If you are a creator participating in our network:
- You may be matched with brand partnership opportunities through our creator network
- Joining the Creator Network does not constitute an employment, management, or agency relationship
- You are responsible for the content you create and must ensure it complies with all applicable laws, FTC guidelines, and platform terms of service
- You must disclose all sponsored content in accordance with FTC Endorsement Guidelines (16 CFR Part 255)
- You retain ownership of your original content unless otherwise agreed in a separate written agreement
- Payment terms will be specified in individual campaign agreements
- Being placed in the Creator Network does not guarantee any specific number of brand partnerships or income
5. Brand Terms
If you are a brand or business engaging our services in any capacity, whether through a formal written contract, email correspondence, verbal agreement, or any other form of communication, the following terms apply:
- You agree to pay all fees as outlined in your service agreement, proposal, invoice, or as otherwise communicated by the Company
- Content usage rights are limited to what is specified in individual campaign agreements
- You are responsible for ensuring your products and services comply with all applicable laws and advertising regulations
- All campaign timelines, schedules, and deliverable deadlines are determined and controlled solely by Elevate & Empower Collective LLC unless otherwise specified in a written agreement. The Company reserves the right to adjust timelines as necessary based on creator availability, content production requirements, platform considerations, and campaign performance optimization
- You warrant that all product claims and marketing materials provided to creators are truthful and substantiated
- In the absence of a separate written agreement, these Terms of Service serve as the binding agreement governing the engagement and all payment obligations
- Approval to proceed with campaign work, whether given verbally, via email, text message, direct message, or any other written or electronic communication, constitutes a binding commitment to the associated fees and these Terms
- Failure to execute a formal contract does not release you from payment obligations for services rendered or resources allocated on your behalf
- You agree not to directly contact, solicit, recruit, or engage any creator introduced to you by the Company outside of the Company's facilitation (see Section 11: Non-Solicitation)
6. Payment & Fees
Due to the personalized nature of our campaign services and the immediate allocation of resources upon engagement, all fees are considered earned once services commence. This includes but is not limited to campaign fees, retainer payments, service fees, creator booking fees, and any associated production costs. By engaging our services, you acknowledge that our team dedicates significant time, expertise, and resources from the moment of engagement, and pricing reflects this commitment to your success.
All payments made for campaign services are final and non-refundable. Due to the immediate allocation of creator scheduling, content strategy, creative direction, and project management resources upon engagement, no refunds will be issued under any circumstances, including but not limited to: dissatisfaction with campaign results, changes in business strategy or marketing priorities, internal company restructuring, or failure to provide required brand assets, approvals, or materials in a timely manner.
Payment terms, including deposit requirements, milestone payments, or full upfront payment, will be specified in each individual campaign agreement or invoice. All invoiced amounts are due by the date specified. Any payment not received within two (2) calendar days of the due date shall be deemed in default. A late administrative fee of $250 shall be assessed for any payment not received within such period. Past-due amounts shall accrue interest at a rate of two percent (2%) per month (or the maximum rate permitted under Florida law, whichever is lower), calculated from the original due date until paid in full. The Company may immediately suspend all campaign activity, creator coordination, and deliverables without liability until all outstanding amounts, including accrued fees and interest, are paid in full. The Client shall be responsible for all costs of collection, including reasonable attorneys' fees and court costs.
Cancellation of an active campaign by the brand will result in forfeiture of all campaign fees paid to date, plus a cancellation fee as specified in the applicable campaign agreement. Once creators have been booked, content production has commenced, or campaign resources have been allocated, the full campaign investment is considered earned and non-recoverable. Campaigns cannot be paused, deferred, or transferred to a different brand entity without prior written consent from Elevate & Empower Collective LLC.
Elevate & Empower Collective LLC does not guarantee specific campaign outcomes, including but not limited to: sales figures, GMV targets, follower growth, engagement rates, viral content performance, or return on investment. Campaign performance is influenced by numerous factors beyond our control, including platform algorithms, market conditions, audience behavior, product quality, and brand reputation. Our services include strategic planning, creator matching, content coordination, and campaign management, not guaranteed commercial results.
Any changes to the agreed-upon campaign scope, including additional creators, extra deliverables, extended timelines, or revised content requirements, may result in additional fees. Scope changes must be approved in writing by both parties before additional work commences. Elevate & Empower Collective LLC is not obligated to perform work outside the original agreed scope without a corresponding adjustment to compensation. Each creator lineup change requested by the brand after the campaign has been confirmed constitutes a scope change that resets all associated timelines. The Company is not responsible for delays caused by brand-requested lineup changes, and no timeline guarantees from the original agreement carry over after a scope change. Repeated scope changes (three or more) may result in a campaign restructuring fee at the Company's discretion.
In the event that a brand initiates a chargeback, payment dispute, or reversal against any payment made to Elevate & Empower Collective LLC, the brand agrees to pay all costs associated with resolving the dispute, including bank fees, administrative costs, and reasonable attorneys' fees. Initiating a fraudulent chargeback for services rendered constitutes a material breach of these Terms and may result in immediate termination of all services, collection action, and reporting to applicable credit and fraud databases.
By engaging the Company's services in any capacity — including but not limited to executing a contract, approving a proposal, making a payment, or instructing the Company to begin work — the Client expressly acknowledges and agrees that: (a) all fees are earned upon commencement of services and are non-refundable under any circumstances; (b) the Client has read, understood, and accepted this no-refund policy prior to engagement; and (c) the Client waives any right to dispute, contest, or seek reversal of any payment made to the Company on the basis of dissatisfaction, changed circumstances, or failure to achieve desired results. This acknowledgment is binding regardless of whether the Client formally signs a separate agreement.
If the Client reviews, approves, accepts, or otherwise engages with any deliverables, content drafts, campaign strategies, creator selections, or work product produced by the Company, the Client is deemed to have ratified the engagement and waived any right to subsequently claim dissatisfaction, demand a refund, or dispute the value of services rendered. Continued participation in a campaign — including responding to updates, providing feedback, approving content, or accepting reports — constitutes ongoing ratification of the engagement and acknowledgment that the Company has performed its obligations in good faith.
Any attempt by the Client to coerce, pressure, or compel the Company into issuing a refund through threats of legal action, chargeback filings, public defamation, negative social media campaigns, regulatory complaints filed in bad faith, or any other form of intimidation or coercion shall constitute a material breach of these Terms. In such cases, the Company reserves the right to: (a) immediately terminate all services without refund; (b) pursue all available legal remedies, including actual damages, consequential damages, and injunctive relief; (c) recover all reasonable attorneys' fees, court costs, and enforcement expenses from the offending party; and (d) report the conduct to applicable fraud databases, credit reporting agencies, and industry organizations. The Client acknowledges that demanding a refund through threats or coercion — rather than through the good faith dispute resolution process outlined in Section 17 — is a violation of these Terms and may give rise to independent claims by the Company.
By engaging the Company's services, the Client affirms and represents that: (a) the Client entered into the engagement voluntarily and of their own free will; (b) the Client was not pressured, coerced, or misled into engaging the Company's services; (c) the Client had adequate opportunity to review all terms, pricing, and scope of services prior to engagement; (d) the Client understands that campaign results are not guaranteed and that the Company's obligation is limited to performing the agreed-upon services with reasonable skill and diligence; and (e) the Client has had the opportunity to seek independent legal counsel prior to engaging, and any failure to do so was the Client's voluntary choice. This acknowledgment may be used as evidence in any dispute, arbitration, or legal proceeding.
For Creators: Joining our Creator Network is completely free. There are no membership fees, monthly charges, or enrollment costs. When matched with brand partnership opportunities, payment terms are specified in individual campaign agreements between you and the brand.
For Haus Members: The Haute Society by Elevate & Empower Collective™ is a premium paid membership with pricing and billing terms as displayed at the time of purchase. All Haus membership purchases are final and non-refundable due to the immediate access granted to premium digital content, resources, and community features upon purchase. Subscription terms and cancellation policies are governed by Stripe's terms and the specific plan selected.
7. Intellectual Property & Trademarks
All content, trademarks, logos, designs, strategies, templates, course materials, and intellectual property on our website and in our materials are owned by Elevate & Empower Collective LLC or our licensors. You may not use, reproduce, distribute, modify, or create derivative works from any content without our prior written permission. Unauthorized use may result in legal action under U.S. copyright and intellectual property laws.
Trademark Notice
"Elevate & Empower Collective" is a trademark of Elevate & Empower Collective LLC (USPTO Serial No. 99613359, application pending). Common law trademark rights have been established through continuous use in commerce since April 2023 (first use in commerce: June 2023). This service mark is filed under International Class 035 (U.S. Classes 100, 101, 102) covering: marketing services in the nature of promotion of third-party goods and services by social media influencers; influencer marketing services; marketing consulting; business management consulting; professional business consulting; business consulting for freelancers, start-ups, and existing businesses; online community building and digital word of mouth communications; audience development and brand awareness; social media strategy and marketing consultancy; and advertising services.
Unauthorized use of this mark, or any confusingly similar mark, in connection with marketing, community building, business consulting, creator education, or related services is strictly prohibited and may constitute trademark infringement under the Lanham Act (15 U.S.C. §1125).
8. Confidentiality
Both parties agree to keep confidential any proprietary information shared during the course of our business relationship, including but not limited to pricing, strategies, client lists, campaign details, creator data, and business processes. This obligation survives termination of the business relationship.
9. Content Approval, Delays & Campaign Timelines
Elevate & Empower Collective LLC maintains sole control over all campaign timelines, production schedules, and deliverable deadlines. All parties are expected to adhere to the schedules set by the Company.
Brands are required to provide all necessary assets, product samples, briefs, approvals, feedback, and materials within the timeframes specified by the Company. This includes but is not limited to: product shipments to creators, creative brief approvals, content review and feedback, and final sign-off on deliverables. The Client acknowledges that successful campaign execution requires timely communication, collaboration, and asset provision. Failure to uphold these responsibilities may result in campaign delays or suspension without penalty to the Agency.
Supply all necessary product details, visuals, packaging, affiliate links, product listings, and brand guidelines before campaign launch. The Company shall not be responsible for delays resulting from missing or inaccurate materials.
Respond to Company inquiries, content approvals, or deliverable feedback within two (2) business days to prevent delays in creator production schedules or posting timelines.
Ensure timely shipment of products to creators and provide accurate tracking numbers or fulfillment confirmations. Any delay in product delivery may shift campaign timelines accordingly.
Comply with TikTok Shop and social media community guidelines, advertising standards, and disclosure requirements for sponsored content.
If a brand fails to provide required assets, approvals, feedback, or materials within the specified timeframes, the Company is not liable for any resulting delays in campaign delivery. Delayed approvals or asset delivery by the brand does not extend deadlines, reduce fees, or constitute grounds for a refund, cancellation, or dispute. The Company reserves the right to adjust, compress, or restructure campaign timelines at its sole discretion to accommodate brand-caused delays, and any additional costs incurred due to such delays (including rush fees, extended creator bookings, or rescheduling costs) will be the brand's responsibility.
Content submitted for brand review must be approved or returned with specific, actionable feedback within the timeframe specified by the Company (typically 48 to 72 hours unless otherwise stated). Failure to respond within the approval window constitutes deemed approval, and the Company may proceed with publishing or delivering the content as submitted.
Each brand-requested change to the confirmed creator lineup resets the campaign timeline from the date the replacement creator is confirmed and onboarded. The original delivery timeline is void upon any lineup change. If a brand requests three (3) or more lineup changes during a single campaign, the Company reserves the right to assess a campaign restructuring fee of up to twenty percent (20%) of the total campaign value per additional change, and/or to terminate the campaign with all fees retained. The parties acknowledge and agree that this restructuring fee represents a reasonable pre-estimate of the administrative, operational, and opportunity costs incurred by the Company as a result of repeated scope changes, which would be difficult or impracticable to calculate precisely at the time of contracting, and is not intended as a penalty (per Florida liquidated damages standards).
The brand is solely responsible for ensuring that all product samples, inventory, and materials are shipped to designated creators within the timeframe specified by the Company. Content production timelines do not begin until all required products have been received and confirmed by the creators. Delays in product shipment extend the campaign timeline day-for-day at minimum, and the Company bears no responsibility for missed deadlines, launch windows, or promotional periods resulting from late product delivery.
10. Communication, Documentation & Legal Threats
Elevate & Empower Collective LLC reserves the right to retain and use all written communications (including emails, text messages, direct messages, voice messages, and any other electronic correspondence) as documentation and evidence in the event of a dispute, chargeback, legal proceeding, or arbitration. By engaging with the Company through any communication channel, you consent to the retention of such communications for business and legal purposes.
If a brand or client threatens legal action, files a lawsuit, or initiates arbitration proceedings that are determined by the arbitrator or court to be frivolous, without merit, or brought in bad faith, the initiating party shall be responsible for all of the Company's legal costs, including reasonable attorneys' fees, arbitration costs, expert witness fees, and any other expenses incurred in defending against such action. Threatening legal action as a negotiation tactic or to coerce refunds, fee reductions, or other concessions constitutes bad faith and a violation of these Terms.
In the event that a client or former client engages in conduct that violates these Terms, including but not limited to non-disparagement violations, non-solicitation violations, or public defamation, the Company may issue a formal cease and desist notice. Failure to comply with a cease and desist within seventy-two (72) hours of receipt shall be considered an aggravating factor in any subsequent legal proceeding and may result in the Company seeking enhanced damages.
To the fullest extent permitted by applicable law, both parties waive any right to a jury trial in connection with any dispute arising out of or related to these Terms or any services provided by the Company. All disputes shall be resolved through binding arbitration as specified in Section 17 (Dispute Resolution & Arbitration) of these Terms.
11. Non-Solicitation
By engaging with our services or accessing creator information through any means facilitated by Elevate & Empower Collective LLC, you agree to the following non-solicitation obligations:
You shall not, directly or indirectly, contact, solicit, recruit, hire, engage, or enter into any business arrangement with any creator who was introduced, recommended, matched, or otherwise made known to you by the Company, outside of the Company's facilitation, for a period of twenty-four (24) months following the last campaign or engagement involving that creator. This applies regardless of whether a formal campaign was executed, and includes introductions made via proposals, pitch decks, media kits, email communications, meetings, or any other format.
Any attempt to circumvent this provision, including but not limited to contacting creators through personal social media accounts, using third-party intermediaries, engaging creators through a different business entity or subsidiary, or having any affiliated person or company contact the creator on your behalf, constitutes a material breach of these Terms.
In the event of a violation of this non-solicitation clause, you agree to pay Elevate & Empower Collective LLC liquidated damages equal to the greater of: (a) the full commission or fee that would have been earned by the Company on the engagement; or (b) twenty-five percent (25%) of the total value of the arrangement between you and the solicited creator, plus all reasonable attorneys' fees and costs incurred in enforcing this provision. The parties agree that actual damages from such a breach would be difficult to calculate, and this amount represents a reasonable estimate of the harm caused.
This clause does not apply to creators with whom you had a documented, pre-existing business relationship prior to the Company's introduction, provided you can demonstrate such relationship with written evidence dated before the introduction.
12. Data & Privacy
Your use of our services is also governed by our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference. By using our services, you acknowledge that you have read and agree to both policies.
In the course of campaign work, brands may share customer data, product information, or other proprietary data with the Company. The Company will handle such data in accordance with its Privacy Policy and applicable data protection laws. However, the brand remains solely responsible for ensuring that any data shared with the Company was collected in compliance with applicable privacy laws (including but not limited to CCPA, GDPR where applicable, and the Florida Digital Bill of Rights) and that the brand has obtained all necessary consents for the Company and affiliated creators to use such data in connection with campaign services.
13. Non-Disparagement & Reputation Protection
You agree not to make, publish, or cause to be made or published any statement, whether written, oral, or digital, that is disparaging, defamatory, or damaging to the reputation, goodwill, or business interests of Elevate & Empower Collective LLC, its founders, officers, employees, affiliated creators, or partners. This includes, but is not limited to, posts on social media platforms (TikTok, Instagram, YouTube, X/Twitter, Facebook, LinkedIn, Reddit, or any other platform), online review sites, forums, blog posts, podcasts, videos, or any other public or semi-public medium.
This obligation applies during and after the business relationship, regardless of whether the relationship ends amicably or otherwise, and regardless of whether a separate written contract exists. This clause survives termination of any engagement.
Publishing false, misleading, or materially exaggerated statements about our services, business practices, pricing, team members, or affiliated creators. Encouraging or directing third parties to post negative or false content on your behalf. Creating anonymous or pseudonymous accounts to post disparaging content. Sharing confidential business information publicly with the intent to damage our reputation.
In the event of a violation, Elevate & Empower Collective LLC reserves the right to: (a) seek immediate injunctive relief to prevent further harm without the requirement of posting a bond; (b) pursue all available legal remedies including actual damages, consequential damages to business reputation, and statutory damages where applicable; (c) recover reasonable attorneys' fees and litigation costs; (d) immediately terminate all active services and campaigns without refund; and (e) pursue claims under applicable state and federal defamation, tortious interference, and unfair business practices laws.
Nothing in this section prevents you from: (a) providing truthful testimony if compelled by law or legal process; (b) filing a legitimate complaint with a government agency or regulatory body; (c) communicating privately and directly with the Company to resolve disputes; or (d) exercising rights that cannot be waived by contract under applicable law. We encourage all concerns to be raised directly with our team before any public statements are made.
This non-disparagement obligation is mutual. Elevate & Empower Collective LLC likewise agrees not to make public statements that are disparaging or defamatory toward any client or brand partner.
14. Disclaimer of Warranties
Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will be uninterrupted, error-free, or completely secure.
We do not guarantee specific results, revenue, sales, follower growth, or engagement metrics from any campaign, partnership, or use of our services or educational materials. Past performance and case studies displayed on our website are not guarantees of future results.
15. Limitation of Liability
To the maximum extent permitted by applicable law, Elevate & Empower Collective LLC, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of or inability to use our services, regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if we have been advised of the possibility of such damages.
In no event shall our total aggregate liability to you exceed the amounts you have paid to us in the twelve (12) months preceding the claim.
16. Indemnification
You agree to indemnify, defend, and hold harmless Elevate & Empower Collective LLC, its officers, directors, employees, contractors, agents, affiliated creators, and partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) your content or actions in connection with any campaign; (e) your products or services, including product defects, false advertising, misleading claims, or consumer complaints; (f) any claim by a consumer, end-user, or third party arising from the promotion, sale, or use of your products marketed through campaigns managed by the Company; or (g) your failure to comply with applicable laws, regulations, FTC guidelines, or platform terms of service.
17. Dispute Resolution & Arbitration
Good Faith Negotiation: Prior to filing any formal legal action, arbitration demand, or complaint, the Parties agree to attempt to resolve any dispute through good faith negotiation for a period of fifteen (15) calendar days from the date written notice of the dispute is delivered to the other Party. During this period, both Parties shall engage in direct, professional communication to reach a resolution. Failure to participate in good faith negotiation may be considered an aggravating factor in any subsequent proceeding.
Binding Arbitration: If a dispute cannot be resolved through good faith negotiation, any dispute, claim, or controversy arising out of or relating to these Terms or the breach thereof shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in the State of Florida. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Equitable Relief: Nothing in this Section shall prevent either Party from seeking temporary or permanent injunctive or equitable relief in a court of competent jurisdiction to protect its confidential information, intellectual property, non-circumvention rights, or non-disparagement provisions, without the necessity of posting a bond to the extent permitted by Florida law.
Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Small Claims Exception: Either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.
18. Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, internet or infrastructure failures, cyberattacks, or labor disputes.
19. Termination
Either party may terminate the business relationship with written notice as specified in individual agreements. Upon termination, all provisions of these Terms that by their nature should survive will survive, including but not limited to intellectual property, confidentiality, non-disparagement, non-solicitation, limitation of liability, indemnification, and dispute resolution.
The Client may terminate an engagement upon seven (7) days' written notice. In the event of termination after services have commenced, the Client acknowledges that the Company has allocated resources, secured creator commitments, and incurred operational costs. The Client shall not be entitled to any refund of fees paid, regardless of campaign status or completion. If the Parties have entered into a multi-month campaign and the Client elects to terminate prior to completion of the full contracted term: (a) all fees paid for the current month are non-refundable; (b) written notice of termination must be provided at least seven (7) days prior to the start of the next campaign month; (c) if termination occurs after creator commitments, onboarding, scheduling, or production planning have been initiated for a future month, the Client shall remain responsible for any committed creator retainers, production costs, and related expenses; and (d) the Client shall pay an early termination fee equal to fifteen percent (15%) of the remaining unpaid contract value for the balance of the campaign term, as liquidated damages representing a reasonable estimate of the Company's scheduling disruption, resource allocation, and opportunity costs.
The Client may request a temporary pause of campaign activity for up to thirty (30) days upon written notice to the Company. All payments made remain non-refundable. To maintain creator commitments and campaign priority during the pause period, the Client shall pay a maintenance fee equal to ten percent (10%) of the remaining contract value. If the campaign remains paused beyond thirty (30) days without a mutually agreed written restart date, the Company may treat the pause as a Client-initiated termination under the terms above. The Company shall not be liable for any loss of campaign momentum, creator availability, or projected performance resulting from a pause.
Elevate & Empower Collective LLC reserves the right to immediately terminate any engagement, campaign, or business relationship, without refund, for any of the following reasons: (a) hostile, threatening, abusive, or disrespectful conduct toward Company staff, affiliated creators, or partners, whether verbal, written, or electronic; (b) any dispute, disagreement, or conflict that, in the Company's sole judgment, has made the working relationship unproductive, adversarial, or untenable; (c) violation of any provision of these Terms, including but not limited to non-disparagement, non-solicitation, or payment obligations; (d) threatening or initiating legal action, chargebacks, or public defamation against the Company; (e) any conduct that the Company reasonably believes may harm its reputation, business relationships, or the safety and wellbeing of its team or creators.
Upon termination under this section, all fees paid are non-refundable and all outstanding invoices become immediately due and payable. The Company is under no obligation to complete any remaining campaign deliverables, provide transition assistance, or transfer work product. Any content, strategies, or materials developed by the Company up to the point of termination remain the property of Elevate & Empower Collective LLC unless otherwise specified in a separate written agreement. Any licenses or usage rights granted to the Client are conditioned upon full payment and shall immediately cease if payment obligations are not satisfied. The terminated party remains bound by all surviving obligations of these Terms.
20. Modifications
We reserve the right to modify these Terms at any time. Material changes will be posted on our website with an updated effective date. Your continued use of our services after such changes constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.
21. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
22. Entire Agreement
These Terms, together with our Privacy Policy, Cookie Policy, and any individual campaign or service agreements, constitute the entire agreement between you and Elevate & Empower Collective LLC regarding the use of our services and supersede all prior agreements and understandings.
23. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
24. Force Majeure
Elevate & Empower Collective LLC shall not be held liable for any delay, failure, or interruption in the performance of services caused by events beyond our reasonable control, including but not limited to: natural disasters, pandemics, government actions or restrictions, social media platform outages or policy changes, internet or technology failures, acts of terrorism, labor disputes, supply chain disruptions, shipping delays by third parties, or any other force majeure event.
In such events, all campaign timelines shall be automatically extended by the duration of the delay, and no refunds, credits, or penalties shall apply. The Company will make commercially reasonable efforts to notify affected clients promptly and resume services as soon as practicable.
25. Data, Content & Intellectual Property Ownership
Company-Created Materials: All campaign strategies, creative briefs, pitch decks, internal documents, and proprietary frameworks created by Elevate & Empower Collective LLC remain the exclusive intellectual property of the Company, regardless of whether a campaign is completed.
Creator Content: Raw footage, unedited content, and original creative assets produced by creators remain the property of the respective creator unless otherwise specified in a separate written content licensing agreement. Edited deliverables and final campaign assets are licensed to the Client solely for the usage rights, platforms, and duration specified in the applicable campaign agreement or statement of work.
Client Materials: Any products, brand assets, logos, or materials provided by the Client remain the property of the Client. The Company and its creators are granted a limited, non-exclusive license to use such materials solely for the purpose of executing the agreed-upon campaign.
Post-Engagement: Upon campaign completion or termination, the Client's license to use creator content is limited to the scope originally agreed upon. Any extended, additional, or repurposed use of content beyond the original agreement requires a separate licensing arrangement and additional compensation to the creator and/or Company.
26. Rate & Pricing Changes
Elevate & Empower Collective LLC reserves the right to modify its rates, pricing structures, commission percentages, and service fees at any time. Rate changes will not affect campaigns or projects already under an executed agreement or active statement of work.
For ongoing or recurring engagements, the Company will provide at least fourteen (14) days' written notice before any rate change takes effect. Continued engagement with the Company after the effective date of a rate change constitutes acceptance of the updated pricing. If the Client does not agree to updated rates, the Client may terminate future engagements (but remains bound by all obligations for work already commenced or completed under prior pricing).
27. Florida Consumer Protection (FDUTPA)
In accordance with the Florida Deceptive and Unfair Trade Practices Act (Florida Statutes §501.201 et seq.), we represent that all marketing materials, case study results, and service descriptions on this website are truthful and not misleading. We do not engage in unconscionable, deceptive, or unfair acts or practices in the conduct of trade or commerce.
Consumer Remedies: If you believe any of our trade practices are deceptive or unfair under FDUTPA, you have the right to: (a) file a complaint with the Florida Attorney General's Office, Consumer Protection Division; (b) seek remedies as provided under Florida Statutes §501.211, including actual damages, attorneys' fees, and court costs; and (c) contact us directly to resolve any concerns before initiating formal proceedings.
Florida Attorney General — Consumer Protection:
Phone: (866) 966-7226
Website: www.myfloridalegal.com
28. DMCA & Copyright Policy
Elevate & Empower Collective LLC respects the intellectual property rights of others and expects our clients, creators, and users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA," 17 U.S.C. §512), we will respond to proper notices of alleged copyright infringement.
Filing a DMCA Takedown Notice: If you believe that content on our website or platforms infringes your copyright, please submit a written notice to our designated DMCA agent with the following information:
- A physical or electronic signature of the copyright owner or authorized representative
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing and its location on our website (URL or description)
- Your contact information (name, address, telephone number, and email)
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf
Counter-Notification: If you believe your content was removed in error, you may submit a counter-notification containing: your physical or electronic signature, identification of the removed material, a statement under penalty of perjury that the removal was a mistake or misidentification, and your consent to jurisdiction in the federal courts of the State of Florida.
Repeat Infringers: We reserve the right to terminate the accounts or engagements of repeat copyright infringers at our sole discretion.
29. Portfolio Rights
The Company may reference, display, or showcase the Client's campaign, brand name, logos, and campaign results in its portfolio, website, case studies, pitch decks, social media, or marketing materials for the sole purpose of demonstrating the Company's work, capabilities, and results, unless the Client requests otherwise in writing prior to the commencement of services. This right survives termination of the engagement.
30. Proposal & Offer Expiration
Any proposal, quote, statement of work, or campaign agreement delivered by the Company shall automatically expire if not executed by the Client within forty-eight (48) hours of delivery, unless otherwise specified in writing. Creator availability, pricing, campaign timelines, and deliverable schedules are not guaranteed until full execution of the applicable agreement and receipt of initial payment. The Company reserves the right to modify pricing, creator assignments, or campaign terms in any reissued proposal.
31. Electronic Signatures & Counterparts
Any agreement, amendment, or document executed in connection with these Terms or any campaign engagement may be executed in counterparts and delivered electronically (including via PDF, e-signature platforms, or email confirmation), each of which shall be deemed an original and together shall constitute one and the same instrument. All approvals, deliverables, and communications transmitted electronically (via email, messaging platforms, or shared drives) shall be deemed received and binding upon delivery to the recipient's designated contact information.
32. Contact Information
If you have any questions about these Terms, please contact us at: