FOREFRONT MEDIA TERMS OF SERVICE
Last updated: March 31, 2026
These Terms of Service ("Terms") apply to all services provided by Forefront Media ("Contractor") and are incorporated by reference into every Content Creation and Brand Presentation Agreement ("Agreement") between Contractor and Client. By signing an Agreement with Forefront Media, you confirm that you have read, understand, and agree to these Terms.
1. Assignment
(a) Client may not assign or transfer the Agreement or any rights under it without Contractor's prior written consent.
(b) Any change in ownership, merger, acquisition, or sale of substantially all of Client's assets shall be deemed an assignment requiring Contractor's consent.
(c) Contractor may assign the Agreement without restriction.
2. Indemnification
(a) Client agrees to indemnify and hold Contractor harmless from any third-party claims, losses, or expenses (including reasonable attorney's fees) arising from:
(i) Client's negligence or misconduct;
(ii) unsafe working conditions;
(iii) Client's failure to obtain necessary permissions or releases;
(iv) Client-provided materials; or
(v) Client's unauthorized use of delivered content.
(b) Contractor agrees to indemnify and hold Client harmless from third-party intellectual property claims arising solely from content Contractor created under the Agreement, excluding claims arising from Client-provided materials, Client-directed elements, or Client's use of content beyond the scope of the license granted in the Agreement.
3. Confidentiality
(a) Both Parties agree to maintain confidentiality of non-public business information shared during the term of the Agreement, including account credentials, business strategies, and financial information.
(b) This obligation survives termination of the Agreement for two (2) years.
4. Force Majeure
(a) Neither Party shall be liable for delays or failure to perform caused by circumstances beyond reasonable control, including severe weather, natural disasters, pandemic, government action, equipment failure, or platform outages.
(b) Force majeure events do not extend the contract term.
(c) If a force majeure event prevents performance for more than thirty (30) consecutive days, either Party may terminate the Agreement without penalty.
5. Dispute Resolution
(a) The Parties shall first attempt to resolve any dispute informally through good-faith discussion.
(b) If unresolved within thirty (30) days, either Party may request mediation. Mediation shall be conducted by a mutually agreed-upon mediator in Blount County, Tennessee, or by videoconference. The Parties shall share mediation costs equally. If the Parties cannot agree on a mediator within ten (10) days of the mediation request, either Party may select a mediator through the Tennessee Supreme Court's Rule 31 mediation program.
(c) If mediation does not resolve the dispute within sixty (60) days of the initial mediation request, either Party may pursue any available legal remedy, including but not limited to small claims court, the Copyright Claims Board, or civil litigation.
(d) All disputes shall be subject to the jurisdiction of the courts of the State of Tennessee, with venue in Blount County, Tennessee.
(e) The prevailing party in any proceeding arising from a breach of the Intellectual Property, Post-Termination License, or Content Integrity provisions shall be entitled to recover reasonable attorney's fees and costs.
6. Governing Law
All Agreements and these Terms shall be governed by the laws of the State of Tennessee.
7. Notices
(a) All formal notices under an Agreement (including notices of termination, non-renewal, or breach) shall be sent by email to the addresses provided at the time of signing.
(b) Notices are effective on the date sent.
8. General Provisions
(a) Each Agreement, together with these Terms, constitutes the entire agreement between the Parties with respect to the services described and supersedes all prior discussions and agreements.
(b) No modification to an Agreement is valid unless in writing and signed by both Parties.
(c) If any provision of an Agreement or these Terms is deemed unenforceable, the remaining provisions remain in full force and effect.
(d) Contractor may use qualified subcontractors but remains responsible for performance.
(e) These Terms may be updated from time to time. The version in effect at the time an Agreement is signed shall govern that Agreement for its full term.