Legal
Last Updated: April 2026
Welcome to The Modern Brandist. This Legal page includes our Terms of Service, Refund & Cancellation Policy, and important information about our Privacy Policy. Please read it carefully. By using our website or engaging our services, you agree to these terms.
1. Terms of Service
The Modern Brandist is a fully remote marketing and branding studio based in Minneapolis, Minnesota. We provide branding, template design, monthly design support, quick design intensives, brand foundations, and related creative services to small business owners and solo creatives.
Services & Agreements All services are governed by a separate proposal, quote, or service agreement that details scope, deliverables, timeline, pricing, and payment schedule. These Terms apply in addition to any project-specific agreement. In case of conflict, the project agreement takes precedence.
We perform services with reasonable skill and care. Creative work is subjective, and final approval of all deliverables rests with you.
Intellectual Property
Upon full and timely payment, we grant you a perpetual, non-exclusive, royalty-free license to use the final approved deliverables for your business purposes.
We retain ownership of all preliminary concepts, sketches, moodboards, and unused ideas.
Source files and editable templates are provided only when explicitly included in your chosen package.
You warrant that any materials you provide (logos, images, content, etc.) are owned by you or properly licensed and do not infringe third-party rights.
We reserve the right to display approved final work in our portfolio and marketing materials unless you request otherwise in writing.
Payment Terms
Deposits or milestone payments are required to begin work.
All invoices are due according to the schedule in your proposal.
Late payments may incur a 1.5% monthly service charge (or the maximum allowed by law).
You are responsible for any applicable taxes.
Project Timeline & Delays We provide clear timelines at the start of each project. Delays due to late feedback, missing materials, or circumstances beyond our control may extend delivery dates. We are not responsible for delays caused by third-party platforms.
Revisions Each service includes a defined number of revision rounds as outlined in your proposal. Additional revisions or scope changes require a change order and may incur extra fees.
Termination Either party may terminate a project for material breach with written notice. Upon termination, you are responsible for payment of all work completed up to that point, and we will deliver any finished, paid-for deliverables.
Limitation of Liability To the fullest extent permitted by law, The Modern Brandist is not liable for indirect, incidental, special, consequential, or punitive damages. Our total liability for any claim will not exceed the total fees you paid for the specific service involved.
Indemnification You agree to indemnify and hold The Modern Brandist harmless from any claims, losses, or expenses arising from your use of the deliverables or any materials you provide.
Confidentiality Both parties agree to keep non-public business information confidential.
Governing Law These Terms are governed by the laws of the State of Minnesota. Any disputes will be resolved exclusively in the state or federal courts located in Minneapolis, Minnesota.
2. Refund & Cancellation Policy (Sales Policy)
Due to the custom, creative, and time-intensive nature of our branding and design services, all payments are generally non-refundable.
Deposits & Payments
Deposits and milestone payments are non-refundable once work has begun (including strategy sessions, research, moodboards, or initial concepts).
The deposit covers initial consultation, discovery, and early creative work.
Cancellations
If you cancel a project before any work begins, we may refund the deposit minus a reasonable administrative fee (up to 25%), at our discretion.
Once work has commenced, all payments made are retained, and you will be invoiced for any additional hours or expenses incurred.
You will receive all completed deliverables for which you have paid in full.
Completed projects or phases are non-refundable.
Change of Scope or Mind If you request significant changes to the project scope after it begins, additional fees may apply. We do not offer refunds for “change of mind” after deliverables have been presented and revisions have been provided.
Monthly Design Support (Retainer) Monthly retainers are billed in advance and are non-refundable for the month started. You may cancel future months with 30 days’ written notice.
Discretionary Refunds In exceptional circumstances (e.g., if we are unable to deliver the agreed scope), we may offer a partial refund or credit at our sole discretion. All refund requests must be made in writing.
Payment Disputes We encourage open communication. If you have concerns about a charge, please contact us promptly so we can address them collaboratively.
No Guarantees We do not guarantee specific business outcomes (such as increased clients, sales, or engagement). Our services focus on delivering clear, intentional creative work.
Minnesota Consumer Laws Our policies comply with applicable Minnesota consumer protection laws. Note that Minnesota’s refund requirements for “consumer goods” generally do not apply to custom professional services like branding and design.
3. Privacy Policy
Your privacy is important to us. For full details on how we collect, use, and protect your personal information (including contact form data, project materials, and website usage), please see our separate Privacy Policy.
In summary:
We only collect information you voluntarily provide or that is necessary to deliver our services.
We do not sell your personal data.
We use industry-standard measures to keep your information secure.
4. General Provisions
We may update this Legal page from time to time. Continued use of our website or services after changes constitutes acceptance of the updated terms.
If any part of these terms is found unenforceable, the remaining provisions remain in full effect.
These terms do not create any agency, partnership, or joint venture relationship.
Questions? If you have any questions about these Terms, our Refund Policy, or our Privacy Policy, please contact us:
The Modern Brandist; email: hello@themodernbrandist.com