Terms of Service

These Terms of Service (“Terms”) govern your use of the Burning Passion Media website at burningpassionmedia.com (the “Site”) and any services provided by Burning Passion Media (“we,” “us,” or “our”). By using the Site or engaging our services, you agree to these Terms.

1. Acceptance of Terms

By accessing or using the Site, you confirm that you are at least 18 years old and agree to be bound by these Terms. If you do not agree, do not use the Site.

2. Services

Burning Passion Media provides music production, video production, graphic design, branding, and related creative services. Specific deliverables, timelines, and fees are agreed upon in writing before work begins.

3. Use of Site

You may use the Site for lawful purposes only. You agree not to use the Site in any way that violates applicable laws, infringes on intellectual property rights, or interferes with the Site’s operation.

4. Intellectual Property

All content on the Site—including text, graphics, logos, and code—is the property of Burning Passion Media and is protected by applicable intellectual property laws.

For client work: upon receipt of final payment in full, we transfer to you the intellectual property rights in the final deliverables as agreed in writing. We retain rights to all preliminary work, drafts, and tools. Unless we agree otherwise in writing, we reserve the right to display and showcase the completed work on our Site, portfolio, and promotional materials (“Showcase”).

4a. Music and Audio Productions

For music and audio deliverables, the specific licensing terms (exclusive vs. non-exclusive, usage rights, sync rights, and distribution rights) are agreed upon in writing before production begins. Unless a separate music licensing agreement is executed, all compositions and recordings created by Burning Passion Media remain the property of Burning Passion Media until final payment is received and a written transfer is executed. Derivative works, remixes, and interpolations require separate written authorization.

5. Confidentiality

We will keep confidential any non-public information you share with us in the course of our work together. This obligation does not apply to information that is publicly available, independently developed by us, or required to be disclosed by law.

6. Project Scope and Changes

The scope of each project is defined in writing before work begins. Changes to scope may affect timeline and fees. We will notify you of any scope changes and obtain your written approval before proceeding.

7. Revisions

Each project includes a defined number of revision rounds as agreed in writing. Additional revisions beyond the agreed scope may be subject to additional fees.

8. Approvals and Delays

Your timely review and approval are necessary to keep the project on schedule. Delays caused by late feedback or approvals may extend the project timeline. We are not responsible for project delays caused by factors outside our control.

9. Deliverables and Final Files

Final deliverable files are provided upon receipt of final payment. We retain working files and project source materials unless otherwise agreed in writing.

10. Payment Terms

Payment terms are specified in the project agreement. Invoices are due within 30 days of issuance unless otherwise agreed in writing. Late payments are subject to a late fee of 1.5% per month (or the maximum permitted by applicable law, whichever is less) on the outstanding balance.

11. Termination

Either party may terminate a project engagement with written notice. Upon termination, you are responsible for payment of all work completed to the date of termination. We will provide you with all completed work as of the termination date upon receipt of payment.

12. Limitation of Liability

To the fullest extent permitted by law, Burning Passion Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to our services or these Terms. Our total liability for any claim is limited to the amount paid by you for the specific service giving rise to the claim.

13. Warranties and Disclaimers

We warrant that our services will be performed in a professional manner consistent with industry standards. The Site and all content are provided “as is” without warranty of any kind. We do not warrant that the Site will be error-free or uninterrupted.

14. Indemnification

You agree to indemnify and hold harmless Burning Passion Media from any claims, damages, or expenses arising from your use of our services, your breach of these Terms, or materials you provide to us.

15. Independent Contractor

Burning Passion Media operates as an independent contractor. Nothing in these Terms creates an employment, partnership, or agency relationship.

16. Privacy

Your use of the Site is also governed by our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and protect your personal information. Our Cookie Policy describes the cookies we use, why we use them, and how you can change your preferences at any time.

17. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide notice by updating the “Last reviewed” date at the top of this page and, where appropriate, by direct notice to you. Your continued use of the Site or our services after any changes constitutes your acceptance of the revised Terms.

17a. Informal Dispute Resolution

Before initiating any formal legal action, you agree to contact us at hello@burningpassionmedia.com to describe the dispute and attempt to resolve it informally. We will make reasonable efforts to resolve disputes within 30 days of receiving written notice. This informal dispute resolution process is a prerequisite to any formal legal proceeding, except for claims for injunctive relief or matters involving intellectual property rights.

18. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts of Lake County, Florida.

19. Contact

For questions about these Terms, contact us at hello@burningpassionmedia.com or submit a request through our project inquiry page.

20. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

21. Entire Agreement

These Terms, together with any written project agreement, constitute the entire agreement between you and Burning Passion Media with respect to the subject matter herein, and supersede all prior or contemporaneous communications and proposals, whether oral or written.