5-Hour Pack Terms

Acceptance of Terms

This Agreement is between you (“Customer”, “You” or “Your”) and Nautic Studios LLC, a Florida limited liability company (“Nautic Studios”, “We”, “Our”, or “Us”).

Payment, Eligible Services and Usage

Customer agrees to pay Nautic Studios for a 5-hour package of hours. Hours included in this package will be credited to Your account only after payment has been received. Hours may not be used retroactively for services preformed prior to receiving payment and may be applied exclusively to services billed on an hourly basis and preformed on or after June 3, 2024. Unused hours do not expire. All sales are final and non-refundable, except as otherwise provided by law.

Additional Hours

All hours in the package must be exhausted prior to purchasing an additional 5-hour package or 10-hour package. Customer may request in advanced to be automatically invoiced and/or charged for an additional package, when all hours are exhausted.

Nautic Studios may adjust the pricing for this package at anytime and the new pricing will be effective for any future purchase. If customer has requested automatic billing to a credit card or other payment method, then any new pricing will apply to any automatic billing when Nautic Studios provides customer with at least 10 days prior notice of the change. Notice to Customer under this Agreement shall be considered made when Nautic Studios attempts sending such notice to Customer by email.

Changes

Nautic Studios reserves the right to update this Agreement at anytime. Modifications will be effective for all future purchases, including purchases made with automatic billing. It is important that Customer review this Agreement regularly. The most current version of the Agreement can be viewed by visiting https://www.nauticstudios.com/10-hour-pack-terms/.

Warranties

ANY WORK FURNISHED UNDER THIS AGREEMENT IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS EXPRESS, IMPLIED OR STATUTORY; INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOR ARE THERE ANY WARRANTIES CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. NAUTIC STUDIOS SHALL NOT INDEMNIFY CUSTOMER AGAINST INFRINGEMENT OF ANY PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER PROPRIETARY RIGHTS. NAUTIC STUDIOS DOES NOT WARRANT THAT THE WORK WILL MEET CUSTOMER’S NEEDS OR BE FREE FROM ERRORS. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICING.

In the event work created under this Agreement is found to contain infringing material, You shall have no remedy other than the replacement of the infringing material with a noninfringing alternative.

Limitation of Liability

In no event shall Nautic Studios be liable to You for lost profits or special or consequential damages, even if We have been advised of the possibility of such damages.

Our total liability under this Agreement for damages, costs and expenses, regardless of cause, shall not exceed the total amount of fees paid to Nautic Studios by You under this Agreement or $500, whichever is greater.

Indemnification

You agree to indemnify and hold harmless Nautic Studios against all claims, costs and expenses, including attorney’s fees, due to materials included in any work at Your request and for which You did not have sufficient rights to allow for the use of those materials.

Mediation and Arbitration

If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Brevard County, Florida. Any costs and fees other than attorney fees associated with the mediation shall be shared equally between the parties.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to binding arbitration in Brevard County, Florida under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.

Our Relationship

Nautic Studios is an independent contractor. Neither Nautic Studios or Our staff is, or shall be deemed, Your employees.

We have the right to perform services for others during the terms of this Agreement and the sole right to control and direct the means, manner and method by which the services will be performed. Services may be performed at any location and at such times as We determine appropriate.

Entire Agreement

This Agreement supersedes all prior understandings or agreements, written or oral, between the parties.

Severability

In the event that any provision of this Agreement is deemed to be unenforceable or invalid by a court of competent jurisdiction, then that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect.

Governing Law

The laws of the State of Florida will govern this Agreement, as well as any claim that might arise between You and Nautic Studios, without regard to conflict of law provisions. You agree that any judicial proceedings permitted to be brought shall be brought exclusively in the U.S. District Court for the Middle District of Florida or a state court located in Brevard County, Florida and You agree to submit to the personal jurisdiction of such courts for the purposes of litigating all such claims or disputes.

Last Updated: December 17, 2024