Terms of Service

By engaging Highwater Agency for services, you accept these terms. If you don't agree, don't use our services. We may update these terms from time to time. Continued use means you accept the updated version.

These terms form a binding agreement between you (the client brand) and Highwater Agency, a partnership of Kelsey Gorniak and Forrest Motz.

Highwater provides marketing services including UGC production, paid social ad management, influencer programs, email marketing, and related performance marketing work.

Specific deliverables, scopes, and timelines are detailed in your service agreement or statement of work. The retainer covers our time and creative work. Ad spend, software, and third-party costs are billed separately.

Retainers are billed monthly in advance. Invoices are due upon receipt. Services may be paused if payment is not received within seven days of the due date.

Ad spend is billed separately or paid directly by you to the relevant ad platform. We do not mark up ad spend.

All creative deliverables produced under your retainer are licensed to you in perpetuity for paid and organic use. UGC creator licensing is included in scope. Any third-party music, fonts, or stock assets are licensed under their respective terms.

Highwater retains the right to display work produced for you in our portfolio and case studies, unless you've explicitly opted out in writing.

You may cancel your retainer at any time with thirty days notice. You may pause your retainer between billing cycles; remaining days roll over.

Two-week trial: if you cancel within fourteen days of your first billing cycle, you may request a refund of fifty percent of that month. After the trial window, completed work is non-refundable.

Highwater's liability is limited to the amount paid by you in the previous three months. We are not liable for indirect, incidental, or consequential damages, including lost profits, lost data, or platform-imposed account suspensions outside of our reasonable control.

Cannabis advertising involves inherent platform risk. Account bans, ad rejections, and policy changes are part of operating in this category. We work hard to avoid them, but we don't guarantee against them.

Both parties agree to keep confidential information confidential. We won't share your business information with third parties except as needed to deliver services (creators, platform reps, software vendors).

This obligation survives termination of the engagement.

These terms are governed by the laws of the United States. Any disputes will be resolved through good-faith negotiation. Failing that, binding arbitration applies.