1. Introduction
Welcome to Vantage Peak Publishing LLC ("Company," "we," "our," or "us"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Vantage Peak Publishing LLC regarding your access to and use of our website, brand management consulting services, public relations advisory, strategic communications, deliverables, and any related offerings (collectively, the "Services"). By engaging with our Services in any manner — including but not limited to visiting our website, submitting a contact form, signing a Statement of Work, or accepting a proposal — you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must not use our Services.
2. Definitions
2.1 "Agreement" means these Terms of Service together with any signed Statement of Work (SOW), Master Services Agreement (MSA), proposal, or engagement letter that incorporates these Terms by reference.
2.2 "Confidential Information" means all non-public business, financial, technical, operational, strategic, or personal information disclosed by either party, including but not limited to trade secrets, client lists, media contacts, strategic plans, research data, and proprietary methodologies.
2.3 "Deliverables" means the brand strategies, PR plans, media kits, press releases, messaging frameworks, reports, analyses, recommendations, and any other tangible or intangible items created by Vantage Peak for Client under an engagement.
2.4 "Intellectual Property" means all patents, copyrights, trademarks, trade secrets, methodologies, frameworks, models, algorithms, software, designs, know-how, and other proprietary rights.
2.5 "Services" means brand management, public relations, media relations, crisis communication, reputation management, thought leadership, and any other professional consulting services provided by Vantage Peak.
3. Scope of Services
3.1 Engagement Framework. Vantage Peak Publishing LLC provides expert brand management and public relations consulting tailored to each client's unique context, challenges, and objectives. Our services are delivered under a structured yet flexible methodology that includes discovery, strategic definition, execution, and measurement phases. The specific scope, timeline, fees, and deliverables for each engagement shall be detailed in a separate Statement of Work (SOW) or engagement letter executed by both parties.
3.2 No Legal or Financial Advice. Client acknowledges that Vantage Peak provides brand and PR consulting services only. We do not provide legal advice, accounting services, tax counsel, or investment recommendations. Client should seek independent professional advice from appropriately licensed professionals for legal, financial, or tax matters.
3.3 Service Modifications. Vantage Peak reserves the right to modify, suspend, or discontinue any aspect of our Services at any time, provided that such modifications do not materially affect already-engaged clients under an active SOW without mutual written consent.
4. Client Responsibilities
4.1 Provision of Information. Client agrees to provide Vantage Peak with timely, accurate, and complete information reasonably requested to perform the Services. This includes access to relevant personnel, internal data, brand guidelines, media contacts, and any other materials necessary for the engagement.
4.2 Designated Point of Contact. Client shall designate a single point of contact with decision-making authority to facilitate communication, provide approvals, and coordinate internal resources throughout the engagement.
4.3 Implementation Decisions. Client acknowledges that Vantage Peak provides recommendations, strategies, and frameworks, but Client retains sole responsibility for implementation decisions, media outreach, and any outcomes resulting from such decisions.
4.4 Delays Caused by Client. Any delays arising from Client's failure to meet its responsibilities, provide necessary information, or respond to requests in a timely manner may impact project timelines. Vantage Peak shall not be liable for such delays, and fees shall remain payable as originally scheduled.
5. Fees and Payment Terms
5.1 Fee Structure. Fees for consulting services are set forth in the applicable SOW or proposal. Fee structures may include fixed project fees, hourly rates, retainer-based arrangements, or performance-based components as agreed in writing.
5.2 Invoicing. Invoices are rendered according to the payment schedule specified in the SOW. Unless otherwise agreed, invoices are due within thirty (30) days of receipt.
5.3 Late Payments. Any undisputed amount not paid by the due date may accrue interest at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is lower. Client shall also reimburse Vantage Peak for all reasonable collection costs, including attorney fees, incurred in collecting late payments.
5.4 Non-Refundable Fees. All fees paid to Vantage Peak are non-refundable except as expressly stated in the SOW. Deposits and retainers are earned upon receipt and are not refundable.
| Investment Tier | Typical Engagement | Payment Terms |
|---|---|---|
| Brand Essentials — $25,000 | 3-month engagement | 50% upfront, 50% at 45 days |
| PR Accelerator — $50,000 | 6-month engagement | 30% upfront, 35% at 60 days, 35% at 120 days |
| Vantage Enterprise — $100,000 | 12-month partnership | Quarterly installments of $25,000 |
6. Intellectual Property Rights
6.1 Vantage Peak's Intellectual Property. All pre-existing intellectual property owned by Vantage Peak, including but not limited to methodologies, frameworks, algorithms, templates, toolkits, proprietary models, software, training materials, and know-how, shall remain the sole and exclusive property of Vantage Peak Publishing LLC. Nothing in these Terms transfers any ownership interest in Vantage Peak's intellectual property to Client.
6.2 License to Deliverables. Upon full payment of all fees due under the applicable SOW, Vantage Peak grants Client a non-exclusive, non-transferable, perpetual license to use the Deliverables solely for Client's internal business purposes. Client may not sublicense, resell, distribute, or otherwise make Deliverables available to third parties without Vantage Peak's prior written consent.
6.3 Client Intellectual Property. Client retains all rights, title, and interest in and to its pre-existing intellectual property. Client grants Vantage Peak a limited, non-exclusive license to access, use, and copy Client's intellectual property solely as necessary to perform the Services.
6.4 Restrictions. Client shall not: (a) reverse engineer, decompile, disassemble, or attempt to derive the source code of any Vantage Peak proprietary tools; (b) remove, alter, or obscure any copyright, trademark, or other proprietary notices; (c) use Vantage Peak's intellectual property to develop competing products or services; or (d) share Vantage Peak's confidential methodologies with any third party without written authorization.
7. Confidentiality
7.1 Obligation of Confidence. Each party agrees to protect the other's Confidential Information using the same degree of care used to protect its own confidential information, but in no event less than reasonable care. Neither party shall disclose the other's Confidential Information to any third party without prior written consent, except to employees, contractors, or professional advisors who have a legitimate need to know and who are bound by confidentiality obligations at least as restrictive as those contained herein.
7.2 Exclusions. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully in the receiving party's possession prior to disclosure; (c) is rightfully obtained by the receiving party from a third party without restriction; or (d) is independently developed by the receiving party without use of the disclosing party's Confidential Information.
7.3 Duration. The confidentiality obligations set forth in this Section shall survive termination of these Terms and any SOW for a period of five (5) years. For trade secrets, confidentiality obligations shall continue for as long as the information remains a trade secret under applicable law.
8. Warranties and Disclaimers
8.1 Vantage Peak Warranties. Vantage Peak warrants that: (a) the Services will be performed in a professional and workmanlike manner consistent with industry standards; (b) Vantage Peak has the requisite expertise, qualifications, and resources to perform the Services; and (c) Deliverables will be original work and will not infringe upon any third-party intellectual property rights.
8.2 Client Warranties. Client warrants that: (a) it has the legal authority to enter into these Terms; (b) all information provided to Vantage Peak is accurate and complete; and (c) Client's use of Deliverables will comply with all applicable laws and regulations.
8.3 Disclaimer of Specific Results. Vantage Peak provides strategic recommendations and frameworks but does not guarantee specific business outcomes, media placements, increased brand awareness, or any other measurable results. Client acknowledges that PR and brand success depend on numerous factors beyond Vantage Peak's control, including media editorial discretion, market conditions, and third-party actions.
8.4 No Other Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, VANTAGE PEAK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
9. Limitation of Liability
9.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VANTAGE PEAK PUBLISHING LLC, ITS MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 Cap on Liability. VANTAGE PEAK'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CLIENT TO VANTAGE PEAK DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10. Indemnification
10.1 Client Indemnity. Client agrees to indemnify, defend, and hold harmless Vantage Peak Publishing LLC and its members, employees, agents, and affiliates from and against any and all claims, demands, lawsuits, losses, liabilities, damages, costs, and expenses (including reasonable attorney fees and court costs) arising out of or relating to: (a) Client's breach of these Terms or any SOW; (b) Client's misuse of Deliverables; (c) Client's violation of any applicable law or regulation; (d) any third-party claim arising from Client's implementation of Vantage Peak's recommendations; or (e) any actual or alleged infringement of intellectual property rights by materials provided by Client.
10.2 Vantage Peak Indemnity. Vantage Peak agrees to indemnify, defend, and hold harmless Client from and against any third-party claim that Deliverables provided under these Terms infringe upon any United States copyright or trademark, provided that Client gives prompt written notice of the claim and cooperates fully in the defense. Vantage Peak's indemnity obligation does not apply to claims arising from Client's modification of Deliverables or use of Deliverables in combination with other products or services.
11. Termination and Suspension
11.1 Termination for Convenience. Either party may terminate an active SOW for convenience upon thirty (30) days' written notice to the other party. In such event, Client shall pay for all Services performed and expenses incurred up to the effective date of termination.
11.2 Termination for Cause. Either party may terminate these Terms and any SOW immediately upon written notice if the other party commits a material breach of any provision and fails to cure such breach within fifteen (15) days after receiving written notice describing the breach.
11.3 Termination for Insolvency. Either party may terminate these Terms immediately upon written notice if the other party becomes insolvent, files for bankruptcy, makes an assignment for the benefit of creditors, or ceases operations.
11.4 Suspension of Services. Vantage Peak may suspend performance of Services immediately if Client fails to pay any undisputed amount when due, pending cure of such non-payment.
11.5 Effect of Termination. Upon termination: (a) all outstanding fees become immediately due and payable; (b) each party shall return or destroy the other's Confidential Information as directed; (c) Client's license to use Deliverables shall survive only if all fees have been paid; and (d) provisions that by their nature should survive termination (including confidentiality, indemnification, limitation of liability, and governing law) shall survive.
12. Governing Law and Dispute Resolution
12.1 Governing Law. These Terms and any dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Mississippi, without regard to its conflict of laws principles.
12.2 Mandatory Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect. The arbitration shall be conducted in Biloxi, Mississippi, or at such other location as the parties may mutually agree. Judgment upon the arbitration award may be entered in any court having jurisdiction.
12.3 Class Action Waiver. ALL ARBITRATION PROCEEDINGS SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT.
12.4 Injunctive Relief. Notwithstanding the arbitration requirement, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.
13. General Provisions
13.1 Entire Agreement. These Terms, together with any SOW or engagement letter, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether written or oral.
13.2 Amendments. Vantage Peak may update these Terms from time to time. Material changes will be communicated via email or website notice. Client's continued use of the Services after the effective date of any changes constitutes acceptance of the revised Terms.
13.3 Severability. If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
13.4 Waiver. The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, nor shall it affect the right to enforce such provision in the future.
13.5 Assignment. Client may not assign these Terms or any SOW without Vantage Peak's prior written consent. Vantage Peak may assign these Terms in connection with a merger, acquisition, or sale of substantially all assets, provided that the assignee agrees to be bound by these Terms.
13.6 Force Majeure. Neither party shall be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, riots, epidemics, pandemics, government actions, labor disputes, or interruptions of utility or communication services.
13.7 Independent Contractor Relationship. Vantage Peak is an independent contractor, not an employee, agent, partner, or joint venture partner of Client. Nothing in these Terms creates any employment, agency, fiduciary, or partnership relationship between the parties.
13.8 No Third-Party Beneficiaries. These Terms are for the benefit of the parties only and shall not create any third-party beneficiary rights in any other person or entity.
14. Contact Information
For questions about these Terms of Service, to request a copy of your agreement, or to provide any notices, please contact us at:
Vantage Peak Publishing LLC
110 Bayleaf Ln, Madison MS 39110
United States
Email: legal@vantagepeakpublish.com
Phone: +1 (408) 333-4605
These Terms of Service were last updated on May 27, 2026. By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.