1. Definitions & Services

1.1 Services Provided

NextFish LLC (“NextFish”) provides creative, marketing, consulting, media, and digital business services to businesses, organizations, and individuals.

Services offered by NextFish may include, but are not limited to:

• content creation
• photography
• videography
• drone operations
• video editing
• photo editing
• social media management
• social media publishing
• digital advertising management
• paid media buying
• search engine optimization (SEO)
• answer engine optimization (AEO)
• generative engine optimization (GEO)
• website design and development
• website maintenance
• branding
• graphic design
• email marketing
• consulting
• campaign planning
• production services
• copywriting
• analytics review
• media distribution
• strategic marketing support
• and related digital media services.

1.2 Service Scope

The specific scope of work, deliverables, production schedules, publishing schedules, timelines, advertising management, consulting responsibilities, revision allowances, and included services shall be outlined within the applicable proposal, invoice, statement of work, subscription agreement, onboarding documentation, or written communication between NextFish and the Client.

Any request outside of the originally agreed scope may require additional billing, revised timelines, rescheduling, or a separate agreement.

NextFish reserves the right to modify, improve, restructure, expand, limit, or discontinue its general service offerings at any time. Any such change shall apply prospectively and shall not modify an active Client agreement, approved Proposal, or paid scope of work unless mutually agreed upon in writing.

1.3 NextFish Growth System™

Certain recurring services provided by NextFish may operate under the proprietary “NextFish Growth System™,” an ongoing strategic marketing and content framework designed to improve brand visibility, audience engagement, consistency, and digital market attention over time.

The NextFish Growth System™ may include combinations of:

• content production
• content editing
• social media publishing
• strategic consulting
• advertising support
• campaign planning
• search engine optimization support
• analytics review
• digital strategy
• media distribution
• and related marketing services.

The specific deliverables, publishing frequency, production schedules, advertising responsibilities, and included services associated with the NextFish Growth System™ shall be defined within the applicable proposal or agreement.

Client acknowledges that the NextFish Growth System™ is a strategic marketing and content framework and does not guarantee:

• revenue growth
• lead generation
• sales performance
• audience growth
• social media engagement
• advertising performance
• search engine rankings
• or any specific business outcome.

Marketing performance may be influenced by factors outside of NextFish’s control, including market conditions, competition, platform algorithm changes, advertising budgets, client responsiveness, website performance, product-market fit, and consumer behavior.

1.4 Independent Execution

Unless otherwise stated in writing, NextFish maintains full discretion regarding creative execution, production methods, editing techniques, publishing workflows, scheduling processes, operational systems, and strategic implementation utilized during the performance of services.

NextFish retains ownership of all internal workflows, templates, systems, methodologies, processes, frameworks, and operational structures used in service execution, including the NextFish Growth System™ framework itself, unless otherwise agreed in writing.

2. Client Responsibilities

2.1 Client Cooperation

Client agrees to provide all necessary information, approvals, account access, assets, product details, scheduling availability, and communication required for NextFish to effectively perform services.

Delays in communication, approvals, asset delivery, or requested materials may result in delayed production schedules, delayed publishing schedules, reduced campaign effectiveness, or postponed deliverables.

The Client agrees to provide consolidated feedback whenever practical. Multiple rounds of fragmented feedback from multiple decision-makers may extend project timelines and may be treated as additional revisions or a change in project scope.

2.2 Accuracy & Ownership

Client is solely responsible for:

• the factual accuracy of submitted information,
• ownership or licensing of supplied assets,
• legal compliance of products or services,
• claims made within advertisements or marketing materials,
• and obtaining all necessary permissions, releases, licenses, or authorizations required for use of submitted content.

Client agrees to indemnify, defend, and hold harmless NextFish LLC, its owners, employees, contractors, affiliates, and representatives from and against any claims, liabilities, damages, losses, disputes, judgments, settlements, costs, or expenses, including reasonable attorney’s fees and legal costs, arising from:

• inaccurate information provided by Client,
• copyright infringement,
• trademark disputes,
• false advertising claims,
• unauthorized use of materials,
• failure to obtain required permissions or releases,
• or violations of applicable laws, regulations, or third-party rights related to materials, products, services, or information supplied by Client.

2.3 Platform Access & Account Permissions

Client is solely responsible for providing and maintaining all necessary account access, permissions, administrative privileges, authentication approvals, integrations, logins, platform roles, and related credentials required for NextFish to perform services.

Delays caused by incomplete access, revoked permissions, forgotten credentials, delayed authentication approvals, restricted platform permissions, security holds, or platform ownership disputes may impact timelines, publishing schedules, advertising performance, deliverables, or overall service execution.

NextFish shall not be held responsible for delays, interruptions, or reduced performance caused by failure to provide or maintain required access.

3. Production, Scheduling & Approval

3.1 Production Scheduling

Production dates, filming sessions, photography sessions, editing windows, publishing schedules, consulting calls, and campaign timelines are scheduled based upon operational availability and production capacity.

NextFish reserves the right to reschedule services due to:

• weather conditions,
• safety concerns,
• equipment failure,
• travel disruptions,
• illness,
• emergencies,
• force majeure events,
• or other operational limitations beyond reasonable control.

Outdoor productions may also be affected by lighting conditions, tides, wildlife activity, water conditions, seasonal conditions, or other environmental factors that may materially impact production quality or crew safety.

3.2 Production Days

Unless otherwise stated within an approved Proposal, one (1) Production Day consists of up to ten (10) consecutive hours of scheduled production activity, including reasonable setup, breakdown, travel between nearby locations, and meal periods.

Additional production time must be approved by the Client and may be billed in one-hour increments at the overtime or additional-production rate stated within the applicable Proposal. If no rate is stated, the additional charge will be communicated before overtime proceeds whenever reasonably practical.

3.3 Client Rescheduling

Client-requested rescheduling within seventy-two (72) hours of a scheduled production date may result in rescheduling fees, reduced production availability, delayed timelines, or forfeiture of reserved production time.

Client shall also remain responsible for non-refundable travel, lodging, rental, talent, location, crew, and third-party expenses incurred in connection with the originally scheduled production date.

3.4 Approval of Deliverables

Client shall review and approve deliverables, advertisements, graphics, captions, copywriting, edits, and related materials in a timely manner.

If Client fails to provide revisions, approval, or feedback within seventy-two (72) hours of delivery or a review request, NextFish may, at its discretion:

• reschedule the applicable deliverable or publishing date;
• extend the project timeline;
• pause further work dependent upon Client approval; or
• consider the deliverable approved when the applicable Proposal, content plan, or established publishing workflow authorizes deemed approval.

NextFish shall not be required to publish paid advertisements, legally sensitive claims, press releases, or materials expressly designated as requiring written approval unless such approval has been received.

Client assumes responsibility for all approved content once published, distributed, printed, advertised, broadcast, or otherwise released following Client approval.

4. Service Terms & Payment

4.1 Recurring Service Commitment

Unless otherwise agreed in writing, recurring services require a minimum initial commitment term of six (6) months.

Following the initial term, services shall automatically continue on a month-to-month basis unless terminated with thirty (30) days written notice by either party.

If Client terminates recurring services prior to completion of the applicable minimum commitment term, Client shall remain responsible for all recurring service fees due for the remaining balance of the minimum commitment term, unless otherwise expressly agreed in writing by NextFish LLC.

Early termination shall not eliminate Client responsibility for any other unpaid balances, completed work, reserved production dates, approved deliverables, non-refundable third-party costs, travel or production expenses, or other previously incurred amounts.

4.2 Payment Terms

Payment terms, recurring billing schedules, deposits, retainers, advertising budgets, and invoicing structures shall be outlined within the applicable agreement or invoice.

Late payments may result in:

• delayed publishing schedules,
• paused advertising campaigns,
• withheld deliverables,
• suspended services,
• cancellation of future production dates,
• or additional late fees, interest charges, collection costs, and enforcement expenses where permitted under applicable Florida law.

Overdue balances may accrue interest at the lesser of:

• one and one-half percent (1.5%) per month,
• or the maximum rate permitted under applicable Florida law.

Client agrees to reimburse NextFish LLC for any reasonable collection costs, recovery expenses, attorney’s fees, court costs, or enforcement expenses incurred in recovering unpaid balances.

4.3 Payment Dates Falling on Non-Business Days

If any scheduled invoice due date, recurring billing date, or automatic payment date falls on a Saturday, Sunday, federal holiday, or recognized banking holiday, NextFish LLC may process or initiate the applicable payment on the immediately preceding business day.

Such processing shall be considered consistent with the Client’s agreed billing schedule and shall not constitute a modification of the Client’s regular recurring billing date or payment terms.

Client acknowledges that the actual date funds are charged, withdrawn, posted, or reflected by the Client’s financial institution may vary based upon payment method, payment processor, banking institution, weekends, holidays, and applicable processing times.

4.4 Advertising Spend

Advertising spend, boosted post budgets, media buying budgets, and third-party advertising costs are separate from management fees unless otherwise stated in writing.

Advertising funds paid directly to third-party platforms are non-refundable.

NextFish does not guarantee paid advertising performance, conversion rates, cost-per-result metrics, or return on advertising spend.

4.5 Non-Exclusivity

Unless otherwise agreed in writing, Client acknowledges that NextFish operates as a non-exclusive service provider.

NextFish reserves the right to provide services to other businesses, organizations, or individuals, including businesses operating within similar or competing industries.

Nothing within any agreement shall be interpreted to grant Client exclusive market representation, territorial exclusivity, industry exclusivity, or restriction of service to competing entities unless expressly stated within a separate written agreement signed by both parties.

4.6 Right To Refuse, Pause, or Terminate Services

NextFish reserves the right to refuse, pause, suspend, reschedule, or terminate services when reasonably necessary to protect its operations, personnel, reputation, legal compliance, or business interests in situations including, but not limited to:

• abusive behavior,
• harassment,
• threatening conduct,
• unethical requests,
• illegal activity,
• unsafe working conditions,
• repeated communication failures,
• reputational risk,
• excessive scope abuse,
• repeated late payment,
• violation of agreed terms,
• or conduct deemed harmful to NextFish, its employees, contractors, vendors, reputation, or operations.

In such situations, NextFish may immediately discontinue services without liability for unfinished work, delayed campaigns, postponed deliverables, missed publishing schedules, or perceived business losses.

Client shall remain responsible for payment of all completed work, incurred expenses, reserved production dates, non-refundable costs, and outstanding balances accrued prior to termination.

4.7 Refunds & Non-Refundable Payments

Payments made toward:

• completed work,
• production time,
• scheduled production dates,
• creative services,
• consulting,
• strategy,
• advertising management,
• deposits,
• retainers,
• travel expenses,
• media buying,
• or non-refundable third-party costs

are non-refundable unless otherwise expressly stated in writing.

Due to the custom and strategic nature of services provided, dissatisfaction based solely upon subjective preference, creative interpretation, marketing performance, or changing business circumstances shall not alone constitute grounds for refund.

4.8 Taxes

Client is responsible for all applicable sales, use, excise, transaction, or similar taxes arising from the services or deliverables, excluding taxes imposed upon NextFish LLC’s net income. Any applicable taxes may be added to invoices unless Client provides valid documentation establishing an exemption.

5. Intellectual Property & Media Usage

5.1 Ownership of Deliverables

Unless otherwise stated in writing, all deliverables, usage rights, licenses, and transfer of rights remain the sole property of NextFish LLC until full payment has been received.

Upon receipt of full payment, Client is granted a perpetual, non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, distribute, and promote completed final deliverables created specifically for Client for Client’s own business, marketing, advertising, sales, public relations, website, social media, dealer, retail, internal, and promotional purposes.

Unless expressly stated within the applicable Proposal or Agreement, delivery and payment for completed final deliverables do not constitute a transfer of copyright, authorship, underlying intellectual property, or ownership of source materials to Client.

Client may provide completed final deliverables to employees, dealers, distributors, media outlets, advertising platforms, and third-party vendors working on Client’s behalf for authorized Client business purposes. Client may not resell, sublicense, commercially license, distribute as stock media, or transfer ownership of the deliverables to unrelated third parties unless expressly authorized in writing by NextFish.

In the event of nonpayment, late payment, chargeback, payment dispute, or reversal of funds, any granted usage rights, licenses, publishing permissions, advertising permissions, or distribution rights shall immediately suspend until all outstanding balances are paid in full. During such suspension, Client shall cease use, publication, advertising, distribution, reproduction, and display of deliverables until account balances are resolved.

Unless otherwise stated in writing, NextFish retains ownership of:

• raw footage;
• project files;
• editing timelines;
• production files;
• templates;
• workflows;
• systems;
• methodologies;
• strategies;
• proprietary frameworks; and
• other working or source materials utilized during service execution.

Any transfer of copyright, exclusive rights, source materials, raw media, project files, or other underlying intellectual property must be expressly stated in writing within the applicable Proposal or Agreement.

5.2 Portfolio & Promotional Usage

Unless otherwise agreed in writing, NextFish reserves the right to display completed work, campaign materials, advertisements, videos, photographs, graphics, website projects, and related deliverables for:

• portfolio purposes;
• marketing purposes;
• promotional purposes;
• educational purposes;
• award submissions;
• social media; and
• business development purposes.

This right shall not apply where such use is expressly prohibited or restricted within the applicable Proposal, a separate written confidentiality agreement, or a non-disclosure agreement.

5.3 Media Release

Subject to any written confidentiality restrictions, non-disclosure agreement, embargo, or portfolio-use limitation agreed to by NextFish, Client grants NextFish LLC, its owners, employees, contractors, affiliates, successors, licensees, and assigns the perpetual, worldwide, royalty-free, transferable, sublicensable right and permission to photograph, film, record, reproduce, publish, edit, modify, distribute, display, transmit, create derivative works from, and otherwise use the likeness, appearance, voice, name, business identity, employees, representatives, guests, customers, property, facilities, branding, signage, trademarks, and related visual or audio materials captured during the performance of services.

Such materials may be used for purposes including, but not limited to:

• marketing,
• advertising,
• portfolio display,
• website content,
• social media,
• promotional campaigns,
• educational purposes,
• case studies,
• presentations,
• internal business use,
• award submissions,
• and related business activities.

Client represents and warrants that it has obtained all necessary permissions, releases, licenses, consents, and authorizations from individuals, representatives, participants, contractors, vendors, property owners, and other applicable parties appearing in or associated with production activities conducted on behalf of Client.

Client further represents that it possesses the authority to grant permissions related to participating individuals, employees, contractors, locations, signage, branding, trademarks, and activities occurring during production conducted on behalf of Client.

Client agrees to indemnify, defend, and hold harmless NextFish LLC, its owners, employees, contractors, affiliates, and representatives from and against any claims, liabilities, damages, losses, disputes, judgments, settlements, costs, or expenses, including reasonable attorney’s fees and legal costs, arising from:

• failure to obtain required permissions, releases, licenses, or authorizations,
• claims related to rights of publicity or privacy,
• unauthorized use of third-party intellectual property,
• or disputes related to materials, branding, locations, individuals, or activities associated with the Client’s production.

5.4 Raw Footage & Source Media

Unless expressly included within the Proposal, delivery of raw camera files, project files, editing timelines, color grading files, graphics packages, or other working production materials is not included.

When an Unedited Asset Library is included within the Proposal, it consists of organized, usable photographs and video clips selected by NextFish LLC for client use. It does not include test footage, duplicate captures, corrupted files, accidental recordings, internal production materials, or technically unusable media.

Delivery, transfer, licensing, archival retrieval, or release of raw materials may require:

• separate licensing agreements,
• transfer fees,
• archival retrieval fees,
• storage fees,
• shipping fees,
• hard drive costs,
• or additional billing.

NextFish retains ownership of all raw and unedited production assets unless otherwise expressly transferred in writing.

Unless otherwise stated within the applicable Proposal, delivery of an Unedited Asset Library grants Client a non-exclusive license to use the delivered files for Client’s own marketing, advertising, sales, public relations, internal, website, social-media, dealer, and retail purposes. Client may not resell, sublicense, distribute as stock media, or transfer the files to unrelated third parties except to vendors working on Client’s behalf.

5.5 Music Licensing

Unless otherwise stated within the Proposal, music licensed by NextFish through third-party licensing providers is licensed solely for the delivered project and may not be reused, extracted, repurposed, or redistributed by the Client outside of the delivered media without obtaining appropriate licensing from the applicable rights holder.

Client acknowledges that third-party platforms may independently identify, restrict, mute, demonetize, or remove licensed music despite the existence of a valid license. NextFish will provide reasonable documentation or assistance where available but does not control third-party platform enforcement decisions.

6. Platform & Third-Party Services

6.1 Third-Party Platforms

Client acknowledges that NextFish does not own or control third-party platforms utilized during service execution including, but not limited to:

• META,
• Facebook,
• Instagram,
• Google,
• YouTube,
• TikTok,
• LinkedIn,
• Shopify,
• WordPress,
• hosting providers,
• advertising platforms,
• analytics providers,
• email marketing providers,
• or related technologies.

NextFish shall not be held responsible for:

• account suspensions,
• disabled advertising accounts,
• platform outages,
• policy enforcement actions,
• algorithm changes,
• reduced visibility,
• content removals,
• music licensing claims,
• technical disruptions,
• or loss of access outside of its direct control.

7. File Storage & Revisions

7.1 Media Storage

Unless otherwise agreed in writing, NextFish may, at its sole discretion, retain raw footage, project files, exports, and related media assets for up to ninety (90) days following final delivery. Long-term storage and archival retrieval are not guaranteed.

Long-term storage or retrieval of archived materials is not guaranteed.

NextFish is not responsible for maintaining indefinite backups of project assets.

7.2 Revisions & Creative Direction

Unless otherwise stated within the applicable Proposal, one (1) reasonable consolidated revision round is included for applicable creative deliverables requiring Client review.

Included revisions are intended to refine the originally approved creative direction and do not include requests that materially change the concept, messaging, shot selection, production scope, or overall creative direction.

Additional revisions or revisions requested after final approval may be billed separately. 

Requests that require additional filming, photography, production days, interviews, travel, animation, motion graphics, or significant restructuring of previously approved work shall be considered new work and billed separately.

Clients are encouraged to provide one consolidated list of revision requests for each review round. Multiple revision requests submitted separately may be treated as additional revision rounds.

Client acknowledges that creative services involve subjective interpretation and artistic discretion.

Variations in:

• editing style,
• pacing,
• composition,
• storytelling,
• creative direction,
• graphic presentation,
• color grading,
• audio mixing,
• visual aesthetics,
• or artistic execution

shall not alone constitute grounds for refund, cancellation, non-payment, chargeback, or breach of agreement.

8. Limitation of Liability

8.1 No Guarantee of Results

Client acknowledges that marketing, advertising, content distribution, and digital media performance are influenced by numerous variables outside of the control of NextFish.

NextFish does not guarantee:

• revenue increases,
• lead generation,
• sales performance,
• audience growth,
• engagement metrics,
• search engine rankings,
• advertising performance,
• social media reach,
• website traffic,
• AI-generated search visibility,
• answer-engine placement,
• generative-engine visibility,
• citation, recommendation, mention, or inclusion within AI-generated responses,
• or business growth.

Any projections, estimates, forecasts, examples, or prior performance references are illustrative only and shall not be interpreted as guarantees of future performance.

8.2 Limitation of Liability

To the maximum extent permitted by law, NextFish shall not be liable for any indirect, incidental, consequential, exemplary, special, or lost-profit damages arising from services provided.

Total liability for any claim arising from services provided by NextFish LLC shall not exceed the total amount actually paid by Client to NextFish LLC under the applicable agreement giving rise to the claim.

9. Independent Contractor Status

9.1 Relationship of Parties

NextFish operates solely as an independent contractor.

Nothing contained within any agreement shall be interpreted to create:

• a partnership,
• joint venture,
• employer-employee relationship,
• agency relationship,
• or fiduciary relationship between the parties.

10. Project Travel & Production Expenses

10.1 Mandatory Application

Travel, lodging, mileage, transportation, and per diem expenses are considered mandatory production expenses for applicable projects and shall apply unless expressly excluded within the written proposal or agreement.

Any exclusion of such expenses must be clearly stated in writing within the applicable proposal or agreement.

10.2 Travel Reimbursement

Mileage shall be billed at the rate identified within the applicable Proposal or Agreement. If no mileage rate is stated, mileage shall be billed at the then-current federal business mileage reimbursement rate.

Mileage may be calculated from the actual departure location of the NextFish employee, contractor, crew member, or representative assigned to the project, including such person’s residence, office, equipment-storage location, lodging location, or another reasonable operational starting point.

When multiple crew members travel separately, mileage and related travel expenses may be calculated separately for each individual or vehicle required for the project.

NextFish will use commercially reasonable efforts to assign personnel and determine travel routes in a manner appropriate to the project. Mileage shall not be calculated from an unnecessarily distant location when a substantially closer qualified crew member or operational starting point is reasonably available and appropriate for the assignment.

Additional travel-related expenses, including but not limited to airfare, rental vehicles, rideshare services, fuel, parking, tolls, baggage fees, shipping costs, transportation fees, permits, launch fees, marina fees, and specialty access costs, may be billed separately where applicable.

10.3 Lodging

Where overnight travel is required, Client agrees to provide or reimburse lodging accommodations suitable for production personnel and operational needs.

Unless otherwise agreed in writing, lodging accommodations must be appropriate for crew size and operational requirements.

Client agrees to provide lodging confirmation details no later than seventy-two (72) hours prior to scheduled arrival unless otherwise arranged.

10.4 Meals & Per Diem

A daily meal and incidental per diem shall apply for each crew member during applicable travel days, Production Days, overnight stays, and operational travel periods.

Unless otherwise stated within the applicable Proposal, the per diem amount shall be based on the Meals and Incidental Expenses rate published by the United States General Services Administration for the applicable project location.

NextFish is not required to apply federal employee travel rules, including first-day or last-day reductions, unless expressly stated within the applicable Proposal.

If meals are directly provided by Client or included within lodging accommodations, per diem amounts may be reasonably adjusted.

10.5 Production Expenses

Production expenses may also include, where applicable, location permits, venue fees, studio rentals, boat or vehicle rentals, specialized equipment rentals, professional talent, production assistants, stylists, hair and makeup artists, shipping or freight, parking, launch fees, access fees, and other project-specific expenses approved by the Client.

11. Force Majeure

11.1 Force Majeure

NextFish LLC shall not be considered in breach of any agreement, nor liable for delays, interruptions, rescheduling, reduced performance, or failure to perform resulting from events beyond its reasonable control including, but not limited to:

• natural disasters,
• severe weather,
• acts of God,
• internet outages,
• platform outages,
• labor shortages,
• illness,
• equipment failure,
• governmental actions,
• transportation disruptions,
• or other unforeseen events beyond reasonable control.

12. Governing Law & Venue

12.1 Governing Law

These Terms, all services provided by NextFish LLC, and any dispute arising from or relating to services, agreements, proposals, invoices, productions, campaigns, or business interactions with NextFish shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

12.2 Venue & Jurisdiction

Any legal action or court proceeding permitted under these Terms, including collection actions, requests for injunctive relief, matters excluded from arbitration, proceedings to compel or stay arbitration, and proceedings to confirm, modify, vacate, or enforce an arbitration award, shall be brought exclusively in the appropriate state or federal court located in or serving Volusia County, Florida.

Client expressly consents to the personal jurisdiction and venue of such courts.

12.3 Attorney’s Fees & Costs

Attorney’s fees and costs shall be governed by Section 19.5 of these Terms.

13. Severability

13.1 Severability

If any provision, section, clause, or portion of these Terms is determined to be unlawful, invalid, unenforceable, or void by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Any invalid or unenforceable provision shall be interpreted as closely as possible to reflect the original intent of the provision while remaining enforceable under applicable law.

14. Waiver

14.1 No Waiver

Failure by NextFish LLC to enforce any provision, right, remedy, or protection contained within these Terms shall not constitute a waiver of future enforcement of that or any other provision.

No waiver by NextFish LLC shall be effective unless expressly stated in writing.

15. Assignment

15.1 Assignment & Transfer

Client may not assign, transfer, sublicense, delegate, or otherwise transfer any agreement, responsibilities, rights, or obligations arising from services provided by NextFish LLC without prior written consent from NextFish.

NextFish LLC reserves the right to:

• assign,
• subcontract,
• delegate,
• restructure,
• transfer,
• or otherwise allocate operational responsibilities, contractors, vendors, team members, or agreements at its discretion.

16. Electronic Acceptance & Communications

16.1 Electronic Acceptance

Client acknowledges and agrees that electronic approvals, digital signatures, online acceptances, email confirmations, text message confirmations, invoice payments, proposal approvals, onboarding submissions, platform approvals, or other electronic communications may constitute valid acceptance of these Terms and any related agreement.

16.2 Electronic Communications

Client agrees that NextFish LLC may communicate regarding services, approvals, scheduling, deliverables, revisions, invoices, campaigns, and operational matters through:

• email,
• text messaging,
• project management platforms,
• invoicing systems,
• messaging applications,
• or other electronic communication methods utilized during the course of business.

Electronic communications shall be considered valid business communications between the parties.

17. Notices

17.1 Formal Notices

Any formal legal notice required under these Terms shall be provided in writing and delivered through:

• email,
• certified mail,
• recognized courier service,
• or other verifiable written delivery method.

Notices delivered electronically shall be considered received upon confirmation of transmission unless otherwise prohibited by applicable law.

18. Entire Agreement

18.1 Entire Agreement

These Terms, together with any applicable proposal, invoice, statement of work, subscription agreement, onboarding documentation, or written agreement between the parties, constitute the entire agreement between Client and NextFish LLC regarding the services provided.

No verbal statements, prior discussions, marketing materials, projections, or representations shall modify these Terms unless expressly agreed in writing by both parties.

19. Dispute Resolution & Arbitration

19.1 Good Faith Resolution

Before initiating arbitration or legal proceedings, the parties agree to first attempt in good faith to resolve any dispute, claim, or controversy through informal discussions.

19.2 Binding Arbitration

Except for:

• collection actions,
• claims involving unpaid invoices,
• enforcement of intellectual property rights,
• requests for injunctive relief,
• or matters eligible for small claims court,

any dispute, claim, or controversy arising out of or relating to services provided by NextFish LLC shall be resolved through binding arbitration conducted in Volusia County, Florida.

Arbitration shall be administered by the American Arbitration Association (“AAA”) under the AAA rules applicable to the nature of the dispute and the parties involved. For business-to-business disputes, the AAA Commercial Arbitration Rules shall apply unless otherwise required by law or agreed in writing.

Judgment upon the arbitration award may be entered in any court having proper jurisdiction.

19.3 Waiver of Jury Trial

To the fullest extent permitted under applicable law, the parties knowingly and voluntarily waive any right to trial by jury for disputes subject to arbitration or litigation arising under these Terms.

19.4 Small Claims Exception

Nothing contained within this Section shall prohibit either party from pursuing claims within an applicable Small Claims Court when permitted by Florida law and where the amount in controversy falls within the jurisdictional limits of that court.

19.5 Prevailing Party

The prevailing party in any arbitration, legal proceeding, enforcement action, or collection matter arising from these Terms shall be entitled to recover reasonable attorney’s fees, arbitration costs, legal expenses, collection costs, and enforcement expenses.