Skip to content

Legal

Terms & Usage Rights

These Terms govern all content services provided by Sarah Ely (“Creator,” “Ely UGC,” “I,” “me”) to clients (“Brand,” “Client,” “you”). Booking a package, or submitting an inquiry that leads to paid work, means you accept these Terms. Where a signed per-project agreement exists, that agreement controls if it conflicts with these Terms. Questions: S.Ely.UGC@Outlook.com.

1. Services

Ely UGC produces user-generated-style content (short-form vertical video and related assets) for the Brand. Specific deliverables, quantities, and price are defined by the package or custom quote agreed in writing at booking. Current packages and add-on pricing are listed on the Services section and are subject to change; the price on your invoice or signed agreement controls.

2. Product Provision & Turnaround

The Brand provides any product required for the content. A shipping address is provided after booking. Turnaround begins once the product is received — standard turnaround is 3–5 business days (10 business days for Brand Partner). Rush delivery (48-hour) is available as a $200 add-on.

If the required product is not received within 14 days of booking (absent other written arrangement), I may treat the project as cancelled; the deposit is forfeited and rescheduling may incur a fee.

3. Approvals

To keep projects on schedule and minimize revisions, I share a script, hook options, shot/storyboard plan, and call-to-action for your approval before filming. You are responsible for reviewing and approving these promptly. Content produced to an approved brief is considered on-spec.

4. Revisions & Reshoots

Each video includes one (1) revision round (Brand Partner includes two). Revision requests must be submitted within 3 days of draft delivery. Included revisions are limited to basic edits: video edits, music, voice-overs, on-screen text, and cropping.

Anything outside that scope, or beyond the included round(s), is billed separately. A reshoot (re-filming, as opposed to editing existing footage) is a distinct service billed at 50% of the base rate. Reshoots caused by a change in your direction after you approved the brief are your responsibility; reshoots needed because I clearly departed from the approved brief are corrected at no charge.

5. Usage Rights & Licensing

This is a license, not a sale of copyright. I retain copyright in all content. Unless a paid license below is purchased, content is licensed for organic use only (posting to your own channels without paid promotion). Paid promotion or ownership requires:

  • Usage Rights — 30% of base rate / month: you run the content as a paid ad from your own account.
  • Whitelisting — 30% of base rate / month: the content runs as a paid ad from my account, so it reads as authentic creator content.
  • Perpetuity (Full Buyout) — $1,000 per video: you receive ownership of that video file and its copyright with no time limit. Buyout applies to the single video purchased; add-ons (extra hooks, raw footage, etc.) are billed separately. A buyout does not transfer any right in my name, image, voice, or likeness beyond the delivered content (see Section 6).

Usage and whitelisting fees recur monthly, in advance, for as long as the content is actively used in paid placements. The license term, territory, and platforms are specified in your agreement; absent specification, the license is limited to the platforms and territory stated in the brief.

6. Likeness, Name & AI

My name, image, voice, and likeness are licensed only as embodied in the delivered content, for the use purchased. No license — including a Perpetuity buyout — permits use of my likeness or voice to create new or derivative content, edits beyond the delivered files, deepfakes, or to train, fine-tune, or generate any AI/synthetic media, without a separate written agreement and additional fee.

7. Disclosures & Advertising Compliance (FTC)

You are responsible for ensuring all required advertising disclosures (e.g., “#ad,” “paid partnership”) are clear and conspicuous on content you publish or run as ads from your channels. For whitelisted content running from my account, I will include required disclosures. You warrant that any product claims, scripts, or talking points you provide are truthful, substantiated, and lawful, and you are responsible for the legality of your product and its marketing.

8. Add-Ons

À-la-carte add-ons (additional organic videos, raw footage, extra hooks, CTA variations, rush delivery, usage, whitelisting, perpetuity, and reshoots) are available at the rates on the Services section and are added to the base price. Raw footage is provided only when included in the package or purchased.

9. Payment

Unless otherwise agreed in writing, a 50% non-refundable deposit is due to reserve the booking, and the remaining balance is due before final files are delivered. Recurring usage and whitelisting fees are billed monthly in advance. Quoted prices are exclusive of any applicable sales or use tax, which is your responsibility.

10. Late Payment & Withholding

Final files are released only after payment in full. Past-due balances accrue interest at 1.5% per month (or the maximum permitted by Arizona law, if lower). I may pause work and withhold deliverables and licenses while any balance is overdue.

11. Chargebacks

By booking you agree not to initiate a chargeback for services rendered. A chargeback for delivered work is a breach of these Terms; it immediately revokes any license granted, and you remain liable for the fees owed plus any chargeback and collection costs.

12. Cancellation & Kill Fee

If you cancel before production begins, the deposit is retained. If you cancel after filming has begun or been completed, 75–100% of the project fee is due, reflecting work performed. Completed work that has been paid for remains licensed per the terms purchased.

13. Exclusivity

I may create content for other brands, including competitors, unless a paid exclusivity agreement is in place. Exclusivity terms and pricing are available on request.

14. Confidentiality & Portfolio

Both parties keep briefs, pricing, and unreleased product information confidential. I may display delivered content and your brand name in my portfolio and on social media unless a confidentiality agreement is purchased.

15. Independent Contractor

I provide services as an independent contractor, not an employee, partner, or agent of the Brand. Neither party may bind the other.

16. Warranties, Indemnity & Liability

I warrant that my original creative work does not knowingly infringe a third party's intellectual property. You indemnify me against claims arising from your product, your product/marketing claims, and your use or publication of the content; I indemnify yousolely against claims that my original creative work infringes a third party's IP.

Content is provided without guarantee of any specific result — views, sales, conversions, return on ad spend, or platform approval are not guaranteed, and any figures shown on this site are illustrative. To the maximum extent permitted by law, my total liability is limited to the fees you paid for the affected project, and I am not liable for indirect, incidental, or consequential damages.

17. Force Majeure

Neither party is liable for delays or failure to perform due to events beyond reasonable control (illness, emergencies, platform outages, shipping failures, acts of God). Timelines are paused for the duration.

18. Governing Law & Disputes

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules. The parties will first attempt to resolve any dispute informally. Failing that, disputes are subject to mediation, and then to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona. In any dispute, the prevailing party is entitled to recover reasonable attorneys' fees and costs.

19. Privacy

Information submitted through the inquiry form (name, email, project details) is used only to respond to and fulfill your request. It is not sold. A full privacy policy will govern site analytics and cookies.

20. Changes & Miscellaneous

I may update these Terms; the version in effect at the time of your booking applies to that booking. If any provision is found unenforceable, the rest remain in effect. These Terms, together with your signed agreement and invoice, are the entire agreement between us.

21. Contact

Questions about these Terms or a custom agreement: S.Ely.UGC@Outlook.com.

Last updated: June 2026. These Terms are provided for general use and should be reviewed by an attorney licensed in Arizona before relying on them for a specific dispute.