Image Brand Nashville – Terms & Conditions
(For Monthly, Annual, and Single-Campaign Advertising Services)
These Terms & Conditions (“Terms”) govern all advertising services provided by Image Brand Nashville, LLC (“Image Brand,” “we,” “our,” or “us”) to any client or customer (“Client,” “Customer,” or “you”). By signing an Image Brand agreement or paying an Image Brand invoice, you acknowledge and agree to these Terms.
1. Services Provided
Image Brand provides mobile digital billboard advertising services using LED truck displays. Services may be purchased as:
Single-day or single-event campaigns,
Monthly advertising plans, or
Annual advertising plans.
All services are delivered according to the specifications selected in the Service Agreement or invoice.
2. Payments & Billing
2.1 Payment Requirement
Payment must be received prior to the start of any campaign or billing cycle. No advertising will run until payment has been made.
2.2 Recurring Billing
For monthly and annual plans, the customer authorizes Image Brand to send recurring invoices based on the selected payment cadence (monthly, quarterly, semi-annual, or annual).
2.3 Non-Refundable Payments
All payments are non-refundable once service begins, except when Image Brand fails to deliver the contracted number of service hours.
3. Content Ownership & Warranty
The Client represents and warrants that:
You own or have secured all necessary rights, licenses, and permissions for all artwork, videos, images, and other materials (“Content”) provided to Image Brand.
The Content does not infringe upon any copyright, trademark, privacy, publicity, or proprietary rights.
The Content complies with all local, state, and federal laws.
The Content is not political, obscene, defamatory, false, hateful, or unlawful.
Image Brand reserves the right to reject any content that violates these standards or poses reputational, safety, or legal risks.
4. Route Flexibility & Operations
To ensure maximum visibility and safety:
Image Brand determines daily routes for all campaigns.
Specific streets, landmarks, or locations are not guaranteed unless approved in writing.
Traffic, law enforcement direction, safety conditions, and city regulations may alter routes at any time.
5. Scheduling, Delays & Replacement Time
Image Brand will make commercially reasonable efforts to deliver the full contracted hours.
If delays occur due to:
Weather,
Road closures,
Mechanical issues, or
Safety concerns,
Image Brand will add equivalent replacement time to ensure the Client receives the full purchased service. Replacement time is the sole remedy for delays.
6. Cancellations
Monthly Plans:
May be canceled with 30 days’ written notice. Services will continue through the end of the notice period.
Annual Plans:
Annual plans are non-cancelable and non-refundable after signature or initial payment.
Single-Campaign Bookings:
Payments for single-day/event campaigns are non-refundable once the date is reserved, except in cases where Image Brand fails to perform.
7. Photos, Footage & Usage Rights
Image Brand may take photos or video during campaigns.
Unless otherwise agreed in writing, Image Brand may use these materials for:
Marketing
Portfolio displays
Social media
Case studies
Internal documentation
The Client may request copies of campaign photos upon completion.
8. Indemnification
The Client agrees to indemnify, defend, and hold harmless Image Brand Nashville, LLC and its owners, employees, contractors, and representatives from any claims, damages, liabilities, costs, or expenses arising out of:
The Client’s Content;
A breach of these Terms;
Violations of law related to the campaign;
Third-party interactions with or reactions to the advertisement.
This includes reasonable attorneys’ fees.
9. Limitation of Liability
Image Brand is not liable for:
Indirect, incidental, or consequential damages,
Lost profits or business opportunities,
Audience size, impression count, or marketing performance, or
Any third-party behavior or reactions to the campaign.
The Client acknowledges that mobile billboard advertising results may vary.
Maximum liability is limited to the amount paid for the specific campaign or billing period in dispute.
10. Force Majeure
Image Brand is not liable for non-performance due to circumstances outside its control, including weather, labor shortages, accidents, civil disturbances, or government restrictions. If Image Brand cannot deliver contracted hours, replacement time or a prorated refund may be offered at Image Brand’s discretion.
11. Permits & Compliance
The Client is responsible for:
Determining whether any special permits are required for their content,
Verifying compliance with local laws and ordinances, and
Ensuring content does not violate advertising regulations.
Image Brand is not responsible for fines, penalties, or shutdowns caused by non-compliant content.
12. Non-Disparagement
Both parties agree not to publish false, misleading, or disparaging remarks about the other. Issues should be addressed privately before any public statements.
13. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Tennessee.
Both parties agree that any disputes shall be resolved in state or federal courts located in Tennessee.
The prevailing party in any legal action is entitled to recover reasonable attorneys’ fees and costs.
14. Amendments
These Terms may be updated by Image Brand at any time. The version posted on our website at the time of purchase or signature applies to the Client.
15. Severability
If any provision is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
16. Entire Agreement
These Terms, together with your signed Service Agreement or paid invoice, constitute the entire agreement between you and Image Brand Nashville.
