Legal
EFFECTIVE DATE: AUGUST 14TH, 2026
These Terms are in two parts. Part A governs use of our website. Part B governs the supply of our services. If you engage us, both apply.
By accessing breakoutcreativeagency.com or any page we operate, you agree to these Terms. If you do not agree, do not use the site.
All content on the site, including video, photography, text, layout, design, graphics and the Breakout name and logo, is owned by us or licensed to us and is protected under the Copyright Act of The Bahamas and applicable international treaties.
You may view and share links to our content. You may not copy, reproduce, republish, download, scrape, mine, sell, or create derivative works from it without our prior written permission. Automated scraping or bulk downloading of our video work is expressly prohibited.
You must not:
When you submit an enquiry, you confirm the information is accurate and that you are authorised to provide any third-party contact details included. Submitting an enquiry does not create a contract. A contract arises only when we issue a written quotation or proposal and you accept it in writing.
You agree that we may communicate with you electronically, and that electronic communications, records and signatures satisfy any legal requirement for writing or signature, in accordance with the Electronic Communications and Transactions Act of The Bahamas.
We aim to keep the site available but do not guarantee uninterrupted access. We may suspend, withdraw or restrict all or part of it without notice.
Our site links to third-party services including Google Calendar, WhatsApp and social media platforms. We are not responsible for their content, practices or privacy policies.
"Agreement" means these Terms together with the applicable Proposal. "Client" means the person or entity engaging us. "Content Package" means a recurring monthly or quarterly content creation subscription at one of our Standard or Ultimate tiers. "Deliverables" means the final edited files we supply. "Production Project" means a discrete, individually quoted video production engagement. "Project Materials" means raw footage, project files, session files, unedited audio, and working assets. "Proposal" means our written quotation, statement of work or package confirmation.
Where documents conflict, they take precedence in this order: (1) a signed written agreement between us; (2) the Proposal; (3) these Terms. Purchase order terms issued by a Client have no effect unless we agree to them in writing.
B3.1 Content Packages. We supply a defined number of videos and associated deliverables per billing period, at the tier set out in the Proposal. Tiers may include planning calls, filming days, editing, graphics, social media optimisation, content scheduling and managed Meta advertising, as specified.
B3.2 Production Projects. Commercials, event recaps and long-form films are quoted individually. The quotation is valid for 30 days and is based on the scope described in it. Changes to shoot days, crew, locations, runtime, deliverables, talent or licensing will change the price.
B3.3 What is not included. Unless the Proposal expressly says otherwise, our fees exclude: paid media spend; stock footage, music and font licences; talent and model fees; permits and location fees; travel to and accommodation on the Family Islands; drone permits; overtime beyond the agreed shoot hours; and third-party software subscriptions.
B4.1 Currency. All amounts are in Bahamian Dollars (B$) unless stated otherwise.
B4.2 Value Added Tax. All fees are exclusive of VAT. Where we are required to charge VAT, it will be added at the prevailing rate and shown separately on the invoice.
B4.3 Content Packages. Fees are payable in advance of each billing period. Monthly packages are invoiced monthly; quarterly packages are invoiced per quarter in advance. Quarterly fees, once paid, are non-refundable except as set out in clause B12.
B4.4 Production Projects. Unless the Proposal states otherwise, 50% of the fee is payable on acceptance and is non-refundable, and the balance is payable before final Deliverables are released. The deposit secures the shoot date and covers pre-production.
B4.5 Late payment. Invoices are due within 14 days. We may charge interest on overdue amounts at 1.5% per month or the maximum permitted by Bahamian law, whichever is lower, and may suspend services and withhold Deliverables until the account is settled.
B4.6 Advertising spend. Where we manage Meta advertising, the media spend is separate from our fees and is either billed to the Client's own payment method on the platform or invoiced in advance. We are not liable for platform billing errors, account suspensions, or ad rejections by Meta.
The Client will:
Delay caused by the Client does not extend our delivery obligations and does not entitle the Client to a refund. Where a Client fails to respond to a review request for more than 15 business days, we may treat the Deliverable as approved.
B6.1 Shoot dates are confirmed in writing and reserved exclusively for the Client.
B6.2 Client postponement. Postponement with more than 7 days' notice: we will reschedule at no charge, subject to availability. Between 48 hours and 7 days: 50% of the shoot day fee is payable. Less than 48 hours, or failure to appear: the full shoot day fee is payable.
B6.3 Weather and hurricanes. Where weather, a tropical storm or hurricane warning, or a governmental advisory makes filming unsafe or impossible, either party may postpone without penalty, and we will reschedule to the next mutually available date. Neither party is liable for the other's resulting costs. This clause reflects the operating reality of the Bahamian season and applies in addition to clause B13.
B6.4 Our postponement. If we must postpone for reasons within our control, we will reschedule at no charge and, where we cannot deliver within a reasonable period, refund fees paid for the affected work.
B7.1 Each Deliverable includes the number of revision rounds stated in the Proposal (typically three). A revision round means one consolidated set of notes, not a sequence of individual comments.
B7.2 Revisions beyond the included rounds, and changes to the agreed direction after a cut has been approved, are chargeable at our then-current hourly rate or as separately quoted.
B7.3 Re-shoots. Revisions cover editing. Anything requiring new footage is a re-shoot and is quoted separately, unless the need arises from our error.
B7.4 Change orders. Material changes to scope must be agreed in writing before we begin the changed work.
We will use reasonable efforts to deliver within the timescales in the Proposal. Indicative timescales are: short-form content within 7 days of the shoot; event recaps within the same week; long-form work within 2 to 3 weeks depending on runtime; Production Project deliverables 5 to 7 business days after the shoot.
Timescales run from the shoot date or from receipt of everything we need from the Client, whichever is later. Time is not of the essence unless the Proposal expressly says so.
Deliverables are supplied in the formats stated in the Proposal, via a secure cloud download link. Files remain available for download for 30 days; archival storage beyond that period is the Client's responsibility unless separately agreed.
B9.1 Ownership of Deliverables. On receipt of payment in full, we assign to the Client all rights in the final Deliverables, subject to clauses B9.2 to B9.5.
B9.2 Before payment. Until we are paid in full, we retain all rights. Publishing or using an unpaid Deliverable is copyright infringement.
B9.3 Project Materials. We retain ownership of all raw footage, project files and working assets. These are not delivered unless separately agreed and purchased. We will retain them for 10 years and are under no obligation to retain them beyond that.
B9.4 Licensed elements. Stock footage, music, fonts and third-party assets are licensed, not assigned. The licence terms of the original licensor govern and may restrict how the Deliverable is used. We will tell the Client where a restriction applies.
B9.5 Our portfolio rights. We retain a perpetual, worldwide, non-exclusive licence to use the Deliverables and behind-the-scenes material in our portfolio, showreel, website, social media, award submissions and pitch materials, and to identify the Client as a client. A Client may request confidential treatment in writing before production begins; we will honour a reasonable request, which may affect pricing.
B9.6 Client warranty. The Client warrants that all materials it supplies, including logos, trademarks, products, music, footage and likenesses, do not infringe any third party's rights, and indemnifies us against any claim that they do.
B10.1 Where we film identifiable individuals, appropriate releases must be in place. Responsibility for obtaining them is allocated in the Proposal.
B10.2 We do not film an identifiable child as a featured subject without written parental or guardian consent.
B10.3 Confidentiality. Each party will keep the other's confidential information confidential and use it only for the purposes of the Agreement. This survives termination by 3 years. It does not apply to information that is public through no fault of the receiving party, or that must be disclosed by law.
B10.4 Data protection. Where we process personal data on the Client's behalf, for example when managing the Client's social accounts or advertising audiences, we act as a data processor and will process that data only on the Client's documented instructions, in accordance with applicable Bahamian data protection legislation. The parties will enter into a separate data processing agreement where required.
This clause is important and the Client should read it.
We bring professional skill and experience to the work. We do not guarantee any particular commercial outcome. We do not warrant that content will achieve any specific number of views, impressions, engagements, followers, enquiries, leads, bookings, sales or revenue, or any particular return on advertising spend.
Any figures, case studies, past results or examples we share, whether in marketing material, on our website, in a proposal or in conversation, describe what has happened for other clients and are not a promise, projection or guarantee of what will happen for the Client. Results depend on factors outside our control, including the Client's product, pricing, market, competition, operations, responsiveness, and the algorithms and policies of third-party platforms.
Platform risk. We do not control Meta, Instagram, TikTok, YouTube or any other platform. We are not liable for changes to their algorithms, policies, pricing or availability, for content being removed or restricted, or for account suspensions, except to the extent directly caused by our negligence.
B12.1 Initial term. Content Packages run for an initial term of three months unless the Proposal says otherwise.
B12.2 Renewal. After the initial term, Content Packages continue on a rolling basis until cancelled.
B12.3 Cancellation. After the initial term, either party may cancel on 30 days' written notice, expiring at the end of a paid billing period. Fees for the current period remain payable. Notice must be sent to info@breakoutcreativeagency.com.
B12.4 Termination for cause. Either party may terminate immediately on written notice if the other commits a material breach that is not remedied within 14 days of notice, or becomes insolvent, enters liquidation or ceases to trade.
B12.5 On termination. The Client pays for all work performed and all committed third-party costs up to the termination date. We will deliver work that has been paid for. Clauses B4, B9, B10, B11, B14, B15 and B18 survive.
B12.6 Unused deliverables. Videos included in a billing period but not used by the Client do not roll over into the next period unless the Proposal says otherwise.
Neither party is liable for failure or delay caused by events beyond its reasonable control, including hurricanes, tropical storms, flooding, fire, earthquake, epidemic or pandemic, war, civil unrest, government action, national emergency, industrial action, power or telecommunications failure, or failure of a third-party platform. The affected party will notify the other promptly and the parties will agree a revised timetable. If the event continues for more than 60 days, either party may terminate and the Client will pay for work performed to that date.
Read this clause carefully. It limits our liability to you.
B14.1 Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be excluded under the laws of The Bahamas.
B14.2 Subject to B14.1, we are not liable for: loss of profits, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill, loss of data, business interruption, or any indirect or consequential loss, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise.
B14.3 Subject to B14.1, our total aggregate liability arising out of or in connection with this Agreement is limited to the total fees paid by the Client to us in the three months immediately preceding the event giving rise to the claim.
B14.4 Equipment and footage. We maintain professional equipment and follow sound data practices. In the event of equipment failure, theft, or loss or corruption of footage, our liability is limited to re-shooting the affected material at our cost where reasonably possible, or refunding the fee for the affected work where it is not.
B14.5 Claims window. Any claim must be brought within 12 months of the date the Client became aware, or ought reasonably to have become aware, of the circumstances giving rise to it.
The Client indemnifies us against all claims, losses, damages, costs and expenses (including reasonable legal fees) arising from: (a) materials the Client supplied; (b) the Client's use of the Deliverables beyond the scope of any licence; (c) the Client's breach of clause B5 or B9.6; (d) any failure by the Client to obtain releases or permits it was responsible for; and (e) claims by third parties relating to products or services the Client advertises.
During the engagement and for 12 months afterwards, the Client will not directly or indirectly solicit for employment or engagement any of our staff or regular freelance crew introduced to the Client through the engagement, without our prior written consent.
B17.1 This Agreement and any dispute arising out of it is governed by the laws of the Commonwealth of The Bahamas.
B17.2 Escalation. The parties will first attempt to resolve any dispute through good-faith discussion between senior representatives within 21 days.
B17.3 Mediation. If unresolved, the parties will attempt mediation in Nassau before commencing proceedings.
B17.4 Jurisdiction. Subject to B17.2 and B17.3, the courts of the Commonwealth of The Bahamas have exclusive jurisdiction.
B18.1 Entire agreement. This Agreement is the entire agreement between the parties and supersedes all prior discussions, proposals and representations, except for fraudulent misrepresentation.
B18.2 Variation. Variations must be in writing and agreed by both parties.
B18.3 Assignment. The Client may not assign without our written consent. We may subcontract, but remain responsible for the work.
B18.4 Severability. If any provision is held unenforceable, the remainder continues in force and the provision is modified to the minimum extent necessary.
B18.5 No waiver. Failure to enforce a provision is not a waiver of it.
B18.6 Notices. Notices must be in writing and sent to info@breakoutcreativeagency.com or to the Client's registered address or nominated email. Notices sent by email are deemed received on the next business day.
B18.7 No partnership. Nothing creates a partnership, joint venture or employment relationship.
B18.8 Third-party rights. No third party may enforce any term.
B18.9 Changes to these Terms. We may amend these Terms. Changes take effect for new engagements immediately and for existing engagements on 30 days' written notice. Continued use of our services after that constitutes acceptance.
Back to site