Terms and Conditions of Service
Kirk Francis, LLC (Kirk Francis Media) | Effective Date: September 1, 2026
This is a working draft meant to close known gaps (messaging consent, content/recording rights, payment, liability limits, indemnification). It is not legal advice. Have an attorney review before publishing, especially the Limitation of Liability, Indemnification, and Arbitration sections, since those are the clauses doing the real work of protecting the business.
1. Acceptance of Terms
By accessing or using this website or engaging Kirk Francis Media’s services, you agree to these Terms and Conditions. If you do not agree, please refrain from using the website or services.
2. Services
Kirk Francis Media provides digital marketing, web development, podcast production, and related services as outlined on our website or in individual client agreements. Specific scope, deliverables, and pricing for a project will be provided in a separate agreement, quote, or invoice, which forms part of these Terms for that engagement.
3. Messaging Terms
By providing your phone number and opting in through our website, you agree to receive text messages and/or phone calls from Kirk Francis, LLC, potentially including automated systems, related to services you’ve requested and, if you separately opt in, promotional communications. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. You may opt out of texts at any time by replying STOP, or get help by replying HELP. You may withdraw consent to phone calls at any time by contacting us directly.
This messaging program is offered by
Kirk Francis, LLC
6586 Hypoluxo Road, #101,
Lake Worth, Florida 33463.
For questions, contact us at (561) 556-5955 or [email protected].
4. Recording, Photo, and Video Release
Podcast, video, and photo production services involve recording your voice, image, and likeness. By booking or participating in a recording session, you grant Kirk Francis, LLC a non-exclusive, worldwide, royalty-free license to use, edit, reproduce, and distribute the resulting recordings, including for our own portfolio, marketing, and promotional purposes, unless otherwise agreed in writing in your service agreement. Ownership and usage rights for the finished deliverables (the edited episode, video, or photos) will be specified in your individual service agreement or invoice. Unless stated otherwise, Kirk Francis, LLC retains ownership of raw, unedited footage and source files.
5. Payment, Cancellation, and Refunds
Payment terms, deposits, and pricing for a specific engagement will be set out in your quote or invoice. Unless otherwise agreed in writing, payment is due prior to or at the time of service. Sessions cancelled or rescheduled with less than 48 hours’ notice may be subject to a cancellation fee or forfeiture of any deposit paid. Fees for services already rendered are non-refundable. We do not guarantee specific business outcomes (such as leads, views, rankings, or sales) resulting from any service.
6. Intellectual Property
All content on this website, including text, images, and graphics, is the property of Kirk Francis Media unless otherwise stated. You may not reproduce or distribute any content without prior written permission. Client-supplied materials (logos, copy, media) remain the property of the client, who represents that they have the right to provide them to us for use in the engagement.
7. Disclaimer of Warranties
Our website and services are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the website or any service will be uninterrupted, error-free, or achieve any particular result.
8. Limitation of Liability
To the fullest extent permitted by law, Kirk Francis, LLC’s total liability arising out of or relating to these Terms or any service shall not exceed the total amount you paid to us for the specific service giving rise to the claim in the six (6) months preceding the claim. Kirk Francis, LLC is not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost data, or business interruption, even if advised of the possibility of such damages. Without limiting the foregoing, we are not responsible for damages resulting from your use of this website or our services; changes made by third parties (including platforms, carriers, or delivery services) that negatively affect your results; or search engine ranking, delivery, or algorithm fluctuations outside our control.
9. Indemnification
You agree to indemnify and hold harmless Kirk Francis, LLC, its owners, contractors, and employees from any claims, damages, losses, or expenses (including reasonable attorney’s fees) arising out of your use of our services, your violation of these Terms, or content or materials you provide to us for use in your project.
10. Third-Party Services
Our services may rely on third-party platforms and providers (such as our CRM/communications platform, hosting providers, payment processors, and mail or delivery carriers). We are not responsible for outages, errors, delays, or data handling by those third parties, which are governed by their own terms and policies.
11. Governing Law and Arbitration
This Agreement shall be governed by the laws of the State of Florida without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms shall be resolved exclusively through arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration proceedings will take place in Palm Beach County, Florida, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
12. Severability and Entire Agreement
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. These Terms, together with any applicable service agreement, quote, or invoice, constitute the entire agreement between you and Kirk Francis, LLC regarding the subject matter herein.
13. Updates to Terms
Kirk Francis Media reserves the right to update these Terms at any time without prior notice. Continued use of the website constitutes acceptance of any changes.