Who We Work With
BTA-Agency provides marketing, advertising, creative, and consulting services primarily for martial arts schools, fitness studios, and similar service-based businesses.
You represent that you are at least 18 years old and have the authority to enter into these Terms on behalf of yourself and/or your business.
Services & Scope
The specific Services, deliverables, timelines, and fees will be defined in a separate proposal, agreement, or order form.In the event of a conflict between these Terms and a signed Service Agreement, the Service Agreement will control for that specific project.We may modify, pause, or discontinue any aspect of the website or Services at any time, with or without notice, as long as we fulfill any obligations already agreed to in a Service Agreement
No Guaranteed Results
Marketing and advertising inherently involve variables outside our control (market conditions, competition, pricing, offer quality, sales process, fulfillment, etc.).While we aim to help you grow and will work to optimize performance, we do not guarantee specific results, such as a particular number of leads, sales, revenue, or return on ad spend.
Your Responsibilities
To get the best results, you agree to:
Provide accurate, complete information about your business, offers, and policies.
Supply necessary assets (logos, brand guidelines, photos, videos, class schedules, pricing, etc.) in a timely manner.
Review and approve creative and campaigns promptly so timelines can be met.
Honor any offers, promotions, or guarantees you approve for use in your marketing.
Maintain compliance with all local, state, national, and platform-specific rules (including health, safety, and enrollment policies in your school or studio).
You are solely responsible for your internal operations, staff performance, sales process, and fulfillment of services to your customers.
Payments, Fees & Refunds
Payment terms, billing cycles, and fees will be outlined in your Service Agreement or invoice. By signing up for Services, you agree to:
Pay all fees on time and in the currency specified.
Maintain valid payment information on file for recurring services, if applicable.
Cover any third-party platform spend (e.g., Meta, Google Ads) unless otherwise explicitly stated.
Unless otherwise specified in writing, all fees are non-refundable, including setup fees, retainers, and recurring charges, whether or not you fully utilize the Services during the billing period.We reserve the right to pause or terminate Services if payments are late or declined.
Intellectual Property
Our IPAll strategies, frameworks, ad concepts, copy, designs, videos, and other materials created by BTA-Agency (“Agency Materials”) remain our intellectual property unless explicitly transferred in writing. We grant you a non-exclusive, non-transferable license to use Agency Materials for your own business during and after the term of our engagement, as long as your account remains in good standing.You may not resell, share, or redistribute our frameworks, templates, or proprietary materials to other agencies, studios, or third parties without our written consent.Your IPYou retain ownership of your logos, brand assets, photos, videos, and any content or data you provide to us (“Client Materials”). You grant us a license to use, edit, and adapt those materials solely for the purpose of delivering the Services.
Portfolio & Case Studies
Unless otherwise agreed in writing, you grant us permission to use your name, logo, and non-sensitive campaign results (with or without anonymization) in our portfolio, case studies, presentations, and marketing materials.If you wish to opt out, please notify us in writing and we will honor reasonable requests going forward.
Third-Party Tools & Platforms
Our work often involves third-party platforms (e.g., Meta, Google, email providers, CRMs, scheduling tools). You understand that:
These platforms are controlled by third parties, not BTA-Agency.
Terms, policies, and performance of those platforms may change at any time.
We are not responsible for outages, account bans, policy changes, or data loss caused by those third parties.
You are responsible for complying with each platform’s policies and agreeing to their terms of use.
Data, Privacy & Access
We may be granted access to your ad accounts, CRM, scheduling systems, or other tools to execute your campaigns. We will use reasonable efforts to protect your data and access credentials.
However, you are responsible for:
Managing who in your organization has admin access.
Maintaining backups of your own data.
Revoking our access if and when our engagement ends.
Please refer to our separate Privacy Policy for details on how we collect, use, and store data.
Disclaimers
To the fullest extent permitted by law:
The Services are provided “as is” and “as available.”
We disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Services will be uninterrupted, error-free, or produce any particular financial outcome.
Limitation of Liability
To the maximum extent permitted by law, in no event shall BTA-Agency, its owners, employees, contractors, or partners be liable for:
Any indirect, incidental, special, consequential, or punitive damages, or
Any loss of profits, revenue, data, goodwill, or business opportunities,
arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages.Our total aggregate liability for any claim related to the Services shall not exceed the total amount you paid to us in the three (3) months preceding the event giving rise to the claim.
Indemnification
Termination
Either party may terminate the engagement as outlined in the applicable Service Agreement.
We may immediately suspend or terminate Services (and/or your access to any client portals or assets) if:
You fail to pay fees when due,
You violate these Terms, or
We reasonably believe your use of the Services is unlawful or harmful.
Upon termination, any outstanding fees remain due, and any licenses we granted may be revoked unless otherwise stated in the Service Agreement.
Governing Law & Disputes
These Terms shall be governed by and construed in accordance with the laws of Arizona, without regard to its conflict of law principles.Any disputes arising out of or related to these Terms or the Services shall be resolved in the state or federal courts located in Maricopa County, AZ, and you consent to the exclusive jurisdiction and venue of such courts.
Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last Updated” date at the top of this page.
Your continued use of our website or Services after any changes constitutes acceptance of the updated Terms.
Contact Us