Effective Date: August 1, 2026
Last Updated: August 1, 2026

These Terms of Service ("Terms") govern your use of the Sierra Horizon Design website and, where incorporated into a proposal, estimate, statement of work, invoice, or other agreement, the professional services provided by Sierra Horizon Design ("Sierra Horizon Design," "we," "us," or "our").

By accessing our website or agreeing to services subject to these Terms, you agree to be bound by them.

1. Services

Sierra Horizon Design provides creative and marketing services that may include:

• Graphic design

• Brand identity development

• Print design

• Marketing collateral

• Real estate marketing

• Digital marketing materials

• Social-media graphics

• Presentation design

• Website design

• Content and marketing support

• Print coordination

• Related creative services

Specific services, deliverables, prices, and deadlines will generally be described in a proposal, estimate, statement of work, invoice, or other written agreement.

2. Proposals and Scope of Work

Each project is limited to the work described in the applicable proposal or written agreement.

Requests beyond the agreed scope may constitute additional work.

Additional work may:

• Require additional fees

• Require a revised proposal

• Extend the project timeline

We will generally obtain approval before performing substantial out-of-scope billable work.

3. Client Responsibilities

Clients agree to provide information and materials reasonably necessary to complete the project.

This may include:

• Logos

• Brand guidelines

• Photographs

• Written copy

• Property information

• Contact information

• Product information

• Legal disclosures

• Access credentials

• Feedback

• Approvals

Clients are responsible for the accuracy, legality, and completeness of materials they supply.

4. Client-Supplied Materials and Intellectual Property

By providing materials to Sierra Horizon Design, the client represents and warrants that the client owns those materials or has sufficient permission, licenses, or rights to use them for the project.

This includes:

• Photographs

• Logos

• Fonts

• Illustrations

• Music

• Video

• Written content

• Trademarks

• Stock assets

• Third-party designs

The client is responsible for claims resulting from materials supplied by the client without appropriate authorization.

5. Deposits and Payment

Payment requirements will be identified in the applicable proposal or invoice.

Unless otherwise stated:

• Required deposits must be paid before work begins.

• Deposits reserve project time and may become non-refundable once work begins, to the extent permitted by law.

• Remaining balances are due according to the applicable invoice.

• Final production-ready or editable files may be withheld until payment has been received in full.

6. Late Payments

Invoices not paid by their due date may result in:

• Suspension of work

• Delayed delivery

• Suspension of future services

• Reasonable collection efforts

Any late fee or finance charge will be imposed only as stated in the applicable agreement and to the extent permitted by California law.

7. Revisions

The number of included revision rounds, if limited, will be identified in the proposal.

A revision generally means a reasonable modification to an existing design direction.

A revision does not necessarily include:

• A completely new design concept

• Changing the fundamental project direction after approval

• Replacing substantial client-supplied content

• Creating additional deliverables

• Rebuilding completed work because client requirements changed

Such requests may be treated as additional work.

8. Client Approval and Proofing

Clients are responsible for carefully reviewing designs before approval.

This includes checking:

• Spelling

• Grammar

• Names

• Addresses

• Phone numbers

• URLs

• Prices

• Dates

• Property information

• Dimensions

• Disclosures

• Photographs

• QR codes

• Legal statements

Once a client approves a final proof, Sierra Horizon Design is not responsible for errors that were present in the approved proof except to the extent otherwise required by law.

9. Print Production

Where we coordinate printing, third-party printers may perform production.

Minor differences between screen previews and physical output may occur because of:

• Monitor calibration

• RGB-to-CMYK conversion

• Paper characteristics

• Ink

• Finishing processes

• Production tolerances

Reasonable variations inherent in commercial printing are not considered design defects.

10. Third-Party Services

Projects may involve third-party platforms or providers such as:

• Squarespace

• Canva

• Google

• Adobe

• Printers

• Stock-asset providers

• Font providers

• Social-media networks

• Hosting providers

We do not control third-party platforms and are not responsible for their downtime, policy changes, pricing changes, discontinuation, security incidents, or other actions outside our reasonable control.

11. Artificial Intelligence

We may use software containing artificial-intelligence or machine-learning functionality as part of our internal creative or administrative workflow when appropriate.

Unless otherwise agreed, clients should not assume that every component of a project was produced exclusively through manual processes.

Where AI-generated or AI-modified materials are used, applicable licensing, disclosure, platform, industry, or legal requirements may affect how those materials can be used.

For regulated or industry-specific advertising—including real estate—the client remains responsible for confirming that final materials satisfy applicable industry, MLS, brokerage, advertising, and disclosure requirements unless compliance review is expressly included in our scope.

12. Intellectual Property Ownership

Unless otherwise provided in writing, Sierra Horizon Design retains ownership of working files, preliminary concepts, rejected concepts, templates, methods, processes, tools, and other materials not expressly transferred to the client.

Upon receipt of full payment, the client receives the rights to final approved deliverables specified in the applicable agreement.

Transfer of final deliverables does not automatically transfer:

• Third-party fonts

• Stock photography

• Stock illustrations

• Licensed templates

• Software

• Plugins

• Third-party intellectual property

Those materials remain subject to their respective licenses.

13. Source and Editable Files

Editable or source files—including files from Adobe applications, Canva templates, working documents, or similar production files—are included only if expressly identified as deliverables.

Delivery of final PDFs, PNGs, JPEGs, videos, or other finished assets does not automatically include source files.

14. Portfolio Rights

Unless the parties agree otherwise in writing, Sierra Horizon Design may display completed, publicly released work for self-promotional purposes, including:

• Website portfolios

• Social media

• Case studies

• Presentations

• Award submissions

• Marketing materials

We will not knowingly disclose confidential client information merely for portfolio purposes.

15. Confidentiality

Each party agrees to use reasonable care when handling confidential information received from the other.

Confidential information does not include information that:

• Is publicly available through no breach of an obligation

• Was lawfully known before disclosure

• Is independently developed

• Is received lawfully from another source

• Must be disclosed by law

16. Project Delays

Estimated schedules depend on timely client cooperation.

Deadlines may be extended if delays result from:

• Late feedback

• Missing materials

• Changes in scope

• Delayed approvals

• Third-party vendors

• Technical failures

• Events outside our reasonable control

17. Project Inactivity

If a client fails to respond or provide required materials for an extended period, we may place the project on hold.

Restarting an inactive project may be subject to scheduling availability and, where disclosed in advance, additional fees.

18. Cancellation and Termination

Either party may terminate a project according to the applicable proposal or agreement.

Upon termination, the client remains responsible for:

• Work already performed

• Approved expenses

• Non-cancelable vendor costs

• Other amounts properly due under the agreement

Rights to incomplete or unpaid work remain with Sierra Horizon Design unless otherwise agreed.

19. No Guarantee of Business Results

Creative and marketing services can influence presentation and marketing performance, but results depend on numerous factors beyond our control.

Accordingly, we do not guarantee:

• Sales

• Leads

• Revenue

• Search-engine rankings

• Social-media growth

• Advertising performance

• Conversion rates

• Property sales

• Business growth

20. Website Information

Information provided on our website is for general informational purposes.

We make reasonable efforts to keep it accurate but do not warrant that website information will always be complete, current, or error-free.

21. Disclaimer of Warranties

To the extent permitted by applicable law, the website and services are provided without warranties beyond those expressly stated in a written agreement.

Nothing in these Terms excludes warranties or rights that cannot lawfully be waived under California law.

22. Limitation of Liability

To the maximum extent permitted by applicable law, Sierra Horizon Design will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from the website or services.

Where legally permissible, Sierra Horizon Design's aggregate liability relating to a particular project will not exceed the amount actually paid to Sierra Horizon Design for that project.

This limitation does not apply where liability cannot legally be limited or excluded.

23. Indemnification

To the extent permitted by law, the client agrees to indemnify and hold Sierra Horizon Design harmless from third-party claims arising from materials, instructions, representations, or content supplied by the client, including claims involving copyright, trademark, privacy, publicity rights, or false or misleading information.

This provision does not require indemnification for conduct for which indemnification cannot lawfully be required.

24. Electronic Communications and Signatures

The parties may conduct business electronically.

California's Uniform Electronic Transactions Act provides that an electronic record or signature generally cannot be denied legal effect solely because it is electronic, and an electronic contract cannot be denied enforceability solely because an electronic record was used to form it. The statute applies to transactions where the parties have agreed to conduct the transaction electronically.

Accordingly, where legally permissible, electronic approvals, signatures, proposals, contracts, invoices, and other records may be used in connection with our services.

25. Governing Law

These Terms and any dispute arising from them will be governed by the laws of the State of California, without regard to conflict-of-law principles.

26. Venue

Unless otherwise required by applicable law or agreed in writing, disputes concerning these Terms or services will be brought in an appropriate state or federal court having jurisdiction in Sacramento County, California.

I would have a California attorney specifically review this section before publishing if you intend to add mandatory arbitration, mediation, jury-trial waivers, or class-action waivers.

27. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain effective to the extent permitted by law.

28. No Waiver

Failure to enforce any provision of these Terms does not waive our right to enforce that provision later.

29. Entire Agreement

For client projects, these Terms together with the applicable signed proposal, statement of work, or other written agreement constitute the agreement concerning the services.

If a project-specific written agreement conflicts with these general Terms, the project-specific agreement controls to the extent of the conflict.

30. Changes to These Terms

We may update these Terms periodically.

Changes will be posted with an updated "Last Updated" date.

Changes do not retroactively alter an existing signed project agreement unless the parties agree otherwise or applicable law permits the change.

31. Contact

Questions concerning these Terms may be directed to:

Sierra Horizon Design
Folsom, California
Email: eric@sierrahorizondesign.com
Website: www.sierrahorizondesign.com