Brand Services Agreement
Brand Services Agreement
Brand Distinction Co.
This Agreement is entered into between Brand Distinction Co. (“Consultant”) and the client (“Client”).
By engaging services from Brand Distinction Co., the Client acknowledges and agrees to the terms outlined below.
1. Nature of Services
Brand Distinction Co. provides brand differentiation analysis and strategic positioning guidance for founder-led and growth-stage brands.
The work focuses on helping brands evaluate the clarity, credibility, and visibility of their differentiation — and delivering the narrative and positioning direction that follows from that clarity.
Services are strategic and diagnostic in nature and are delivered as structured evaluations, written recommendations, and live working sessions.
Brand Distinction Co. does not provide:
• copywriting
• design
• implementation services
• marketing execution
• advertising strategy
• ongoing consulting retainers
unless explicitly stated within a specific engagement agreement.
2. Service Structure
Brand Distinction Co. offers two types of engagements:
Brand Differentiation Engagement
A full strategic engagement in which the Consultant conducts research and analysis of the Client’s brand and competitive landscape, delivers findings in a live working session, and subsequently delivers a differentiation narrative and execution direction in a second working session. The specific scope, deliverables, and timeline will be confirmed at the outset of each engagement.
Brand Differentiation Diagnostic
A self-directed structured assessment available for independent purchase. The Client completes the diagnostic at their own pace and receives a classification of their brand’s current differentiation status based on their inputs.
The Consultant reserves the right to modify service structures over time. The terms of any active engagement are governed by the scope confirmed at the time of that engagement.
3. Client Responsibilities
The Client agrees to:
• Provide accurate and complete information and brand materials when requested
• Submit requested materials in a timely manner
• Review deliverables within a reasonable timeframe
• Be available for scheduled sessions as agreed
Brand Distinction Co. is not responsible for conclusions drawn from incomplete or inaccurate client inputs.
Materials Submission Window
If required materials are not submitted within 60 days of the engagement start date, the engagement may be considered abandoned and Brand Distinction Co. is not obligated to complete the work. Fees paid are non-refundable in this circumstance.
4. Strategic Judgment
Brand differentiation work involves professional judgment and interpretation based on the information available at the time of the engagement and the materials provided by the Client.
Recommendations represent strategic analysis rather than guaranteed business outcomes. Market response, revenue performance, and business growth depend on many factors outside the Consultant’s control.
5. Deliverables and Timeline
Timelines for each engagement will be confirmed at the outset. Delays in receiving client materials may extend delivery timelines.
Session Recording
Working sessions may not be recorded, reproduced, or distributed without written permission from Brand Distinction Co.
6. Scope Boundaries
Services are limited to the deliverables confirmed at the outset of each engagement. The following are not included unless explicitly agreed in writing:
• additional revisions beyond those included in the engagement scope
• extended consulting or advisory
• follow-up analysis
• ongoing messaging development
• additional strategy sessions
Requests outside the defined scope may require a separate engagement.
Strategic Disagreement
Strategic work often surfaces difficult tradeoffs or conclusions the Client may not initially agree with. Deliverables represent the Consultant’s professional analysis and are not subject to revision based solely on disagreement with conclusions.
Implementation Responsibility
Implementation of strategic recommendations remains the responsibility of the Client. Brand Distinction Co. does not provide implementation services unless explicitly agreed in writing as part of a separate engagement.
7. Fees and Payment
Brand Differentiation Engagement
A deposit of 50% of the total engagement fee is due upon signing. The remaining 50% is due upon delivery of the final session and associated deliverables. The Consultant will invoice the balance at the conclusion of the final working session. Payment is due within 7 days of invoice.
Brand Differentiation Diagnostic
Payment is due in full at the time of purchase.
Fees for each engagement are as specified in the Consultant’s proposal or invoice at the time of engagement.
Non-Refundable Deposit
The initial deposit is non-refundable once work has begun. If a Client cancels prior to the start of work, Brand Distinction Co. may issue a refund at its sole discretion.
8. Confidentiality
Brand Distinction Co. agrees to treat client materials and business information as confidential. Client information will only be used for the purpose of completing the engagement and will not be shared with third parties without permission unless required by law.
Case Example Clause
Brand Distinction Co. may reference anonymized or generalized scenarios derived from consulting work for educational purposes, without identifying client details.
9. Intellectual Property
All frameworks, processes, tools, and methodologies used by Brand Distinction Co. remain the intellectual property of the Consultant. Clients receive a non-exclusive license to use the final deliverables within their own business but may not reproduce, distribute, publish, or resell the Consultant’s materials.
10. Limitation of Liability
Brand Distinction Co. is not responsible for business decisions, implementation choices, or market outcomes resulting from the Client’s use of strategic recommendations. The Consultant’s total liability under this Agreement shall not exceed the amount paid for the engagement.
11. Independent Contractor
Consultant operates as an independent contractor. Nothing in this Agreement creates a partnership, joint venture, or employment relationship.
12. Governing Law
This Agreement shall be governed by the laws of the State of Georgia, United States.
13. Acceptance of Agreement
By engaging services from Brand Distinction Co., the Client confirms that they have read and agree to the terms of this Agreement.