Brand Services Agreement
This Agreement is entered into between Brand Distinction Co. (“Consultant”) and the purchasing client (“Client”).
By purchasing a service 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 businesses.
The work focuses on helping founders evaluate the clarity, credibility, and visibility of their differentiation before investing in messaging or marketing.
Services are strategic and diagnostic in nature and are delivered as structured evaluations and written recommendations.
Brand Distinction Co. does not provide:
copywriting
design
implementation services
marketing execution
advertising strategy
ongoing consulting retainers
unless explicitly stated within a specific engagement.
2. Service Structure
Brand Distinction Co. offers several service tiers.
Each engagement produces a defined strategic deliverable rather than ongoing advisory services.
Expert Review
A written evaluation of the Client’s completed Brand Differentiation Diagnostic and submitted brand materials. This review highlights visible differentiation gaps, areas of competitive overlap, and signals that may weaken perceived positioning.
Brand Differentiation System
A deeper strategic evaluation including review of the diagnostic, internal documents, and public-facing brand signals. The Client receives a structured written report identifying potential differentiators, narrative direction, and messaging guardrails.
Strategic Intensification
Includes the Brand Differentiation System plus one live strategy session focused on resolving key positioning tradeoffs and clarifying strategic decisions.
3. Diagnostic Requirement
Strategy engagements require completion of the Brand Differentiation Diagnostic prior to purchase.
By purchasing Strategy services, the Client confirms that the diagnostic has been completed.
If the diagnostic has not been completed, Brand Distinction Co. reserves the right to delay the engagement until it is finished.
4. Client Responsibilities
The Client agrees to:
Provide accurate and complete information
Submit requested materials in a timely manner
Review deliverables within a reasonable timeframe
Participate in scheduled sessions if included in the engagement
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 purchase, the engagement may be considered abandoned and Brand Distinction Co. is not obligated to complete the work.
5. 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.
6. Deliverables and Timeline
Most engagements are completed within 10–14 business days after all required materials have been received and confirmed by the Consultant.
Delays in receiving materials may extend delivery timelines.
For engagements including a live session, the session will typically be scheduled after the strategic report has been delivered.
Session Recording
Strategy sessions may not be recorded, reproduced, or distributed without written permission from Brand Distinction Co.
7. Scope Boundaries
Services provided by Brand Distinction Co. are limited to the deliverables described within the purchased engagement.
The following are not included unless explicitly stated:
additional revisions
extended consulting
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 the 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.
Implementation Outcomes
The Consultant is not responsible for the results of implementing strategic recommendations, which may vary depending on market conditions, execution, and business context.
8. Engagement Nature
Brand Distinction Co. provides strategic analysis and professional judgment. Clients are purchasing structured evaluation and recommendations, not guaranteed business outcomes.
Strategic recommendations may challenge existing assumptions about the Client’s brand or market position.
9. Fees and Payment
Payment is required in full at the time of purchase.
Due to the strategic and intellectual nature of the services, all payments are 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.
10. 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.
11. 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.
12. Limitation of Liability
Brand Distinction Co. is not responsible for business decisions, implementation choices, or market outcomes resulting from the Client’s use of the strategic recommendations.
The Consultant’s total liability under this Agreement shall not exceed the amount paid for the service.
13. Independent Contractor
Consultant operates as an independent contractor and nothing in this Agreement creates a partnership, joint venture, or employment relationship.
14. Governing Law
This Agreement shall be governed by the laws of the State of Georgia, United States.
15. Acceptance of Agreement
By purchasing services from Brand Distinction Co., the Client confirms that they have read and agree to this Agreement.