& Conditions
1. PURPOSE OF THIS AGREEMENT
This Service Agreement (“Agreement”) establishes the terms under which K&K will provide Landmark Launch (“Landmark Launch” or the “Service”) to Client. Landmark Launch is a six-month strategic marketing campaign partnership designed to provide campaign strategy, marketing direction, and ongoing support. Landmark Launch is a strategic consulting service. K&K does not produce the Client’s marketing assets or execute the Client's marketing campaigns. By signing this Agreement electronically, Client acknowledges that Client has reviewed and agreed to these terms. The commercial terms applicable to Client are identified in the Client’s checkout record and kickoff intake.
2. SERVICE TERM
2.1 Effective Date
This Agreement becomes effective when signed by both parties. The parties may have entered into a commercial commitment and Client may have submitted payment before the Service Start Date is coordinated and the Agreement is signed.
2.2 Service Start Date
The six-month Service Term begins on the mutually agreed Service Start Date identified above. The Service Start Date is distinct from the checkout or purchase date.
2.3 Initial Six-Month Commitment
Landmark Launch requires a minimum initial commitment of six (6) months. The monthly payment structure does not permit cancellation at will during the Initial Term. Rather, the Client is committing to the full Initial Term and paying the Total Commitment in monthly installments.
2.4 Renewal After Initial Term
After completion of the Initial Term, the Agreement automatically continues on a month-to-month basis under the same monthly rate unless either party terminates the Agreement.
3. SERVICE RATES & FEES
3.1 Standard
The Landmark Launch Standard rate has a Total Commitment of $5,982 payable in six monthly installments of $997 per month.
3.2 Companion
The Landmark Launch Companion rate has a Total Commitment of $5,382 payable in six monthly installments of $897 per month. The Companion rate is a special rate made available when two founders enter into Landmark Launch with Provider together. Each participating founder is an independent Client under their own Landmark Launch engagement. Each founder will receive a separate service agreement, maintain a separate billing relationship with Provider, and remain individually responsible for all payment obligations under their own agreement. Neither founder is responsible for the other founder’s payment obligations, performance, or conduct. The Companion rate remains active for each participating founder for as long as both founders remain active Landmark Launch clients. Any changes in rate between Standard and Companion are identified in the Client’s checkout record. If one founder ends their Landmark Launch engagement or otherwise ceases to be an active client, the remaining founder may either continue Landmark Launch at Provider’s Standard rate or enter another founder into a Landmark Launch partnership with Provider to maintain Provider’s Companion rate.
3.3 Taxes
Client is responsible for applicable sales, use, excise, or other taxes imposed on Client's purchase or use of the Service, except taxes imposed on K&K's net income. K&K may collect applicable taxes where required by law.
4. PAYMENT TERMS
4.1 Initial Payment
The first monthly installment is due and payable at checkout.
4.2 Billing Anchor
The second monthly installment is due one month after the Service Start Date. The Service Start Date therefore establishes the recurring monthly billing anchor for subsequent installments.
4.3 Automatic Payments
Client authorizes K&K and its payment processor to automatically charge Client's authorized payment method for each installment when due. Client is responsible for maintaining a valid payment method throughout the Term.
4.4 Failed Payment
If a scheduled payment fails, K&K may provide a three day administrative grace period for Client to cure the failed payment. If payment remains unpaid after the applicable grace period, K&K may immediately pause Service delivery. If the payment remains unpaid for seven (7) calendar days after its original due date, K&K may terminate Service delivery. Termination or suspension due to Client's failure to pay does not release Client from the financial obligations established by this Agreement.
4.5 Acceleration During Initial Term
If Client terminates the Agreement before completion of the Initial Term, or if K&K terminates the Agreement because Client materially breaches the Agreement, including by failing to pay amounts when due, all unpaid installments remaining through the end of the Initial Term become immediately due and payable, subject to applicable law.
5. SERVICES INCLUDED
Landmark Launch services include the strategic foundation (kickoff intake and client dashboard through Notion), the monthly strategic planning (monthly marketing brief intake, monthly marketing strategy, and monthly marketing strategy video walkthrough), the weekly strategic support (weekly strategic feedback intake, weekly strategic review, and weekly strategic review video walkthrough), asynchronous communication (asynchronous messaging support through WhatsApp and responses to Client messages generally provided by the next business day), and offboarding (offboarding reflection).
6. SERVICES NOT INCLUDED
Landmark Launch is a marketing campaign strategy service. K&K is not responsible for producing, designing, publishing, scheduling, or otherwise executing Client's marketing assets or campaigns. This includes, without limitation, graphic design production, copywriting production, social media management, social media publishing; email deployment, website development, paid advertising management, photography, videography, editing, public relations, sales execution, customer service, technology implementation, third-party vendor management, and other production or implementation work. K&K may provide strategic recommendations regarding these activities, but Client remains responsible for implementing them unless otherwise agreed in writing.
7. ASYNCHRONOUS COMMUNICATION
Landmark Launch is intentionally asynchronous. There are no recurring live meetings included in the Service. WhatsApp is the designated communication channel. Client acknowledges that K&K does not routinely monitor email for service communications and therefore should not rely on it. Notion is intended primarily for organization, documentation, and delivery. It is not a substitute for WhatsApp communication. K&K does not provide emergency response time. K&K's standard response target for WhatsApp messages is the next business day, however Client may send messages at any time. Formal notices under this Agreement must be provided in writing that’s reasonably capable of establishing delivery and should occur in WhatsApp.
8. CLIENT RESPONSIBILITIES & DEADLINES
The quality, completeness, and timeliness of the Service depend materially upon Client's participation. Client agrees to provide accurate, complete, and timely information, complete required intake forms, provide requested materials and context, provide feedback within the deadlines established by K&K, communicate material changes that could affect the campaign, and maintain reliable access to the communication and delivery platforms. Client acknowledges that K&K's work may depend upon Client's timely completion of specific tasks. If Client fails to meet a deadline upon which K&K's work is contingent, K&K will not be obligated to extend the original Service schedule. K&K may, at its discretion, make an exception and adjust a subsequent delivery date, which does not establish a continuing obligation to extend deadlines. If Client delays the work, K&K may proceed using the information available within the remaining project timeline. As a result, a subsequent delivery may be delayed, reduced, or incomplete relative to what could have been provided had Client met the applicable deadline. Client acknowledges that K&K cannot guarantee the same quality, quantity, or timing of work where Client fails to meet dependencies necessary for K&K's performance.
9. CLIENT INPUT & IMPLEMENTATION
Client retains responsibility for evaluating strategic recommendations before implementation. Client is solely responsible for final business decisions, marketing claims, representations made to customers, legal compliance, regulatory compliance, and implementation of K&K's recommendations. K&K does not provide legal, accounting, tax, financial, medical, mental-health, or other regulated professional advice.
10. NO GUARANTEE OF RESULTS
Client acknowledges that marketing strategy involves variables outside K&K's control. K&K does not guarantee or warrant any particular revenue, profit, sales, leads, conversions, audience growth, engagement, campaign performance, customer acquisition, return on investment, business growth, market position, launch outcome, or other financial or commercial results. Any examples, testimonials, case studies, projections, or statements regarding past client results are illustrative only and are not guarantees of future performance.
11. INTELLECTUAL PROPERTY
11.1 K&K Intellectual Property
K&K retains all right, title, and interest in its pre-existing and independently developed intellectual property, including methodologies, frameworks, processes, systems, templates, forms, tools, know-how, concepts, reusable structures, and other materials developed for use across clients or engagements. Client does not acquire ownership of K&K's underlying methodology merely because such methodology is used in providing the Service.
11.2 Client-Specific Work
Upon full payment of all amounts due under this Agreement, Client receives a non-exclusive, perpetual license to use strategic materials and deliverables specifically created for Client for Client's own internal business and marketing purposes. Client may not resell, sublicense, redistribute, reproduce as a template for third parties, or commercially exploit K&K's proprietary frameworks or methodologies without K&K's written permission.
11.3 Client Materials
Client retains ownership of materials it provides to Provider. Client grants Provider a non-exclusive, worldwide, royalty-free license to use completed work created for Client, Client’s publicly available brand materials, and Client results or outcomes arising from the Services for Provider’s portfolio and marketing purposes, provided that such use occurs only after the applicable work or results have been publicly disclosed by Client. Provider will not use Client’s confidential or non-public business information for marketing purposes.
12. CONFIDENTIALITY
Each party agrees to protect the other party's Confidential Information and not disclose or use such information except as reasonably necessary to perform or receive the Services, or as required by law. “Confidential Information” includes non-public business information, strategic plans, financial information, customer information, private analytics, unpublished campaigns, proprietary processes, credentials, and other information that a reasonable person would understand to be confidential.
13. CANCELLATION & TERMINATION
13.1 Cancellation After Initial Term
After the Initial Term, either party may terminate the month-to-month engagement by providing at least thirty (30) days' written notice. Client remains responsible for payments due during the notice period.
13.2 Provider Termination
K&K may terminate this Agreement if Client materially breaches its obligations and fails to cure the breach within a reasonable period where cure is reasonably possible. K&K may terminate immediately where Client engages in unlawful conduct, abusive conduct, harassment, threats, or conduct that materially interferes with K&K's ability to provide the Service.
13.3 Provider Inability to Complete
If K&K terminates because K&K is unable to complete the engagement for reasons unrelated to Client's breach, K&K will refund any prepaid amount attributable to Services that have not yet been provided.
13.4 No Refunds
Except where expressly required by applicable law or provided elsewhere in this Agreement, payments are non-refundable. Client acknowledges that Landmark Launch consists of customized professional services, reserved professional capacity, strategic work, and intangible deliverables that cannot be returned in the manner of a physical product. Cancellation does not create a right to a refund and does not eliminate Client's payment obligations under the Agreement. Nothing in this section limits rights that cannot lawfully be waived.
14. SUSPENSION
K&K may suspend Service delivery if an invoice or installment is overdue, Client fails to provide necessary information or access, Client repeatedly fails to meet material deadlines, Client's conduct materially interferes with the Service, or suspension is reasonably necessary to protect K&K's systems, intellectual property, or legal interests. Suspension does not automatically terminate Client's payment obligations.
15. PROFESSIONAL RELATIONSHIP
K&K is an independent contractor. Nothing in this Agreement creates an employment relationship, partnership, joint venture, fiduciary relationship, or agency relationship between K&K and Client. K&K retains control over the means by which the Services are performed.
16. THIRD-PARTY TECHNOLOGY
K&K may use third-party technology, including WhatsApp, Notion, payment processors, cloud storage, and other platforms. K&K is not responsible for outages, errors, security incidents, policy changes, or other failures attributable to third-party platforms outside K&K's reasonable control. Client is responsible for maintaining the equipment, software, internet connection, and accounts reasonably necessary to participate in the Service.
17. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, K&K and its owners, contractors, agents, and representatives will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost opportunities, lost data, or business interruption arising from or related to this Agreement. To the maximum extent permitted by law, K&K's aggregate liability arising out of or relating to this Agreement will not exceed the total amount actually paid by Client to K&K under this Agreement. Nothing in this Agreement limits liability to the extent such limitation is prohibited by applicable law.
18. CLIENT INDEMNIFICATION
To the maximum extent permitted by law, Client agrees to defend, indemnify, and hold harmless K&K and its owners, contractors, agents, and representatives from third-party claims, damages, liabilities, costs, and reasonable expenses arising from Client's unlawful use of the Services, Client's breach of this Agreement, Client-provided materials that infringe a third party's rights, or Client's implementation or use of K&K's recommendations in violation of law. This provision does not require Client to indemnify K&K for K&K's own unlawful conduct or liability.
19. DISPUTE RESOLUTION
The parties agree to make a good-faith effort to resolve a dispute through direct communication. Either party may request voluntary mediation after good-faith negotiation has failed. Mediation is not a waiver of either party's right to seek judicial relief. Nothing in this Section prevents K&K from seeking temporary, preliminary, injunctive, collection, or other urgent relief where necessary to protect its rights.
20. GOVERNING LAW & VENUE
This Agreement is governed by laws of the State of Washington, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise. The parties consent to the jurisdiction of the state and federal courts located in Washington State for disputes arising from or relating to this Agreement, subject to applicable jurisdictional requirements.
21. FORCE MAJEURE
Neither party will be responsible for failure or delay in performing obligations caused by circumstances beyond reasonable control, including natural disasters, governmental actions, widespread technology failures, war, civil unrest, public emergencies, or other extraordinary events. The affected party will provide reasonable notice. Force majeure does not automatically eliminate payment obligations for Services already performed or amounts otherwise accrued.
22. WAIVER
Failure to enforce any provision of this Agreement does not constitute a waiver of future enforcement of that provision or any other provision.
23. ENTIRE AGREEMENT
This Agreement, together with the applicable checkout/order record and any written addenda expressly incorporated into it, constitutes the entire agreement between the parties concerning Landmark Launch. It supersedes prior discussions, proposals, or representations concerning the same subject matter, except for representations expressly incorporated into this Agreement.
24. AMENDMENTS
Any material amendment to this Agreement must be in writing and accepted by both parties.
K&K may update its public service agreement for future clients, which will not retroactively modify an executed Agreement unless Client expressly agrees to the modification.
25. ELECTRONIC SIGNATURES
The parties agree that electronic signatures, electronic records, and electronic acceptance have the same legal effect as handwritten signatures to the extent permitted by applicable law. The parties consent to conduct this transaction electronically.
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