PR SPLASH SERVICE AGREEMENT

This PR Splash Service Agreement (“Agreement”) is entered into by and between the purchaser or authorized representative identified in the PR Splash purchase and/or submission process (“Client”) and Black Château Enterprises, 300 Opelika Rd, Unit 1490, Auburn, AL 36831 (“BCE”).

If Client is acting on behalf of an author, Client represents that Client has authority to purchase the service, submit materials, and enter into this Agreement on the author’s behalf. The author receiving publicity services under this Agreement is referred to as the “Author.”

By purchasing PR Splash and accepting this Agreement, Client agrees to the following terms.

1. Services
   
   BCE will provide PR Splash publicity services for the Author and book identified in the PR Splash Media Questionnaire.

   PR Splash includes development of interview talking points for use in media outreach; an interview on the “Books That Make You” show; media coaching and interview feedback following that appearance; promotion of the Books That Make You interview in the Books That Make You newsletter; professional media pitching and outreach by BCE publicists; scheduling and coordination of qualifying interview opportunities; a minimum of ten Qualifying Media Interviews subject to the terms of this Agreement; and social media amplification of selected media appearances through BCE and/or Books That Make You channels at BCE’s discretion.

2. Media Interview Guarantee
   
   For purposes of this Agreement, a “Qualifying Media Interview” means an interview opportunity secured or provided by BCE with a podcast, radio program, online publication, written Q&A, digital media outlet, or similar media platform deemed appropriate by BCE.

   The Books That Make You interview included in PR Splash does not count toward the 10 Qualifying Media Interviews guaranteed under this Agreement.

   BCE primarily works with established media contacts of a book-focused, literary, creative, or author-interest nature. These outlets and hosts regularly cover books, authors, creative individuals, and related stories, and are selected by BCE based on the book, Author, and media angles being pitched.

   PR Splash guarantees the Author a minimum of 10 Qualifying Media Interviews, provided Client and Author comply with this Agreement.

   Campaigns typically secure approximately 10–12 interviews and may result in more, but BCE makes no guarantee beyond the minimum of ten.

   Qualifying Media Interviews will generally be podcast interviews. Radio interviews, written Q&As, online interviews, or other appropriate media opportunities may also qualify toward the guarantee.

3. Media Scheduling, Cancellations and Rescheduling
   
   Client understands that scheduling changes are a normal part of working with media.

   Hosts, producers, editors, and outlets may need to cancel or reschedule interviews. Technical difficulties, production problems, breaking news, illness, emergencies, or other circumstances may also affect confirmed interviews.

   A media cancellation, schedule change, or technical problem does not constitute a failure by BCE to perform the Services.

   If a confirmed Qualifying Media Interview is cancelled by the media outlet before it takes place, BCE will reschedule the interview or secure a replacement opportunity.

   If the Author becomes aware of a technical, scheduling, or other issue that may prevent participation in a confirmed Qualifying Media Interview, Client or Author must notify the BCE publicist who booked that interview as soon as possible, by email, sent to that publicist’s BCE email address. Changes or cancellations requested less than two business days before a confirmed interview may not qualify for rescheduling or replacement at BCE’s discretion.

   If an interview cannot be completed because of an unforeseen technical or production problem outside the Author’s reasonable control, BCE may reschedule or replace the opportunity. BCE is not obligated to replace an interview missed because of circumstances reasonably within the Author’s control, including inadequate internet or telephone access, travel, failure to have appropriate equipment available, failure to test or access the interview platform, or other lack of reasonable preparation.

   Client and Author agree to remain reasonably flexible and cooperative when legitimate media schedule changes occur.

4. Publication and Third-Party Media
   
   Client understands that media outlets, hosts, producers, editors, and other third parties operate independently of BCE.

   BCE cannot control or guarantee when or whether a completed Qualifying Media Interview will be aired, published, posted, promoted, edited, archived, removed, or otherwise distributed by the media outlet.

   Once the Author has completed a Qualifying Media Interview, that interview counts toward BCE’s guarantee regardless of whether or when the outlet ultimately publishes or airs it.

   If a media outlet records an interview and later elects not to publish or air it, BCE is not obligated to replace that interview.

   BCE does not guarantee audience size, downloads, views, book sales, rankings, website traffic, social-media growth, press coverage beyond the Services described here, or any other particular result arising from a Qualifying Media Interview.

   Client acknowledges that public relations opportunities involving third-party media are made in good faith and that changes and cancellations may occur outside BCE’s control.

5. Declined Opportunities and Failure to Attend
   
   The Author may decline up to two Qualifying Media Interview opportunities before the interview is booked without those opportunities counting toward fulfillment of the ten-interview guarantee.

   After two Qualifying Media Interview opportunities have been declined, BCE may count additional declined opportunities toward fulfillment of the guarantee.

   Once an interview has been accepted and confirmed, Client and Author are expected to honor the booking.

   Failure to attend a confirmed Qualifying Media Interview, failure to appear at the scheduled time, or cancellation by Client or Author without reasonable notice may constitute a material failure to cooperate with the PR Splash campaign. BCE reserves the right, at its discretion, to discontinue media pitching and/or terminate this Agreement following such an occurrence.

   Any refund following termination under this Section is solely at BCE’s discretion. Client acknowledges that substantial work and expense may occur before and during media pitching, including campaign review, research, development of media angles, preparation of talking points, Books That Make You production and promotion, media coaching, project management, publicity outreach, scheduling, and staff time. Client is not entitled to a refund merely because Client or Author fails to attend, cancels, abandons, or otherwise fails to participate in a confirmed interview or the campaign.

   If BCE elects to provide a refund following termination, BCE may deduct the value of services already performed and staff time incurred at a rate of up to $250 per hour, in addition to other nonrecoverable campaign expenses, if any.

6. Client and Author Responsibilities
   
   Client and Author agree to provide accurate information and requested campaign materials; maintain and regularly monitor the email address used for interview scheduling; use an email and calendar system capable of receiving BCE calendar invitations and updates; respond promptly to BCE scheduling communications; accept confirmed calendar invitations; monitor calendar events for updated links and instructions; arrive on time and prepared for interviews; become familiar with the interview topics provided by BCE; and participate professionally, respectfully, and cooperatively with hosts, producers, media personnel, BCE team members, and others involved in the campaign.

   Client and Author are responsible for the accuracy of all biographical, book, professional, and other information submitted to BCE.

   Failure to provide requested materials, respond to communications, approve scheduling, or otherwise cooperate may delay or interfere with the campaign. Delays or lost opportunities resulting from Client or Author action or inaction do not constitute a failure by BCE to perform and do not entitle Client to a refund.

   BCE is not obligated to extend or indefinitely pause a campaign because of Client or Author unavailability, lack of response, travel, vacation, scheduling preferences, or other circumstances within Client’s or Author’s control.

7. Media Coaching, Preparation and Professional Conduct
   
   The Author will receive media coaching and interview feedback in connection with the Books That Make You interview.

   The Author remains responsible for preparing for interviews and for the Author’s statements, conduct, appearance, performance, and representations during Qualifying Media Interviews.

   Client and Author agree to conduct themselves professionally and respectfully in all interactions with media contacts and BCE team members.

   If BCE receives more than one substantive complaint from a media contact or BCE team member regarding the Author’s or Client’s professionalism, preparedness, responsiveness, conduct, or behavior, BCE reserves the right to suspend pitching or terminate the PR Splash campaign.

   BCE may also terminate the campaign immediately for abusive, threatening, discriminatory, harassing, fraudulent, unlawful, or materially unprofessional conduct toward BCE personnel, media contacts, or others involved in the campaign.

   If BCE terminates under this Section, any refund is solely at BCE’s discretion. If BCE elects to issue a refund, it may be calculated on a pro-rated basis after deducting the value of Services already performed, nonrecoverable campaign expenses, and BCE team time.

8. Project Fit and Submitted Materials
   
   BCE reserves the right to decline a book or Author that BCE determines is not an appropriate fit for PR Splash.

   Books or promotional materials that rely heavily on AI-generated writing, artwork, book covers, copy, or other creative content may not meet BCE’s standards for representation.

   If BCE determines before the PR Splash campaign begins that the project is not a fit, the PR Splash fee will be refunded in full.

   Once the campaign has begun, if BCE discovers that Client or Author provided materially inaccurate or misleading information regarding the book, Author, submitted materials, use of AI-generated content, ownership or rights, professional background, or other information relevant to BCE’s decision to accept the project, BCE may terminate the Agreement. In such circumstances, Client is not entitled to a full refund. Any refund will be at BCE’s discretion and may be reduced by the value of Services already performed, nonrecoverable expenses, and BCE team time.

9. Payment, Cancellation and Refunds
   
   The full PR Splash fee is due at purchase unless BCE agrees otherwise or offers payment options.

   Once BCE accepts the project and begins substantive work, fees are non-refundable except where specifically stated in this Agreement or agreed to by BCE in writing.

   Client understands that BCE is compensated for professional time, expertise, campaign development, media relationships, pitching, scheduling, coaching, and other Services performed, not solely for the number of interviews completed at any particular point in the campaign.

   Client cancellation, failure to participate, failure to respond, excessive interview declines, failure to attend a confirmed interview, or abandonment of the campaign does not entitle Client to a refund.

   BCE may consider written refund requests in special circumstances, such as a substantial change in the Client’s situation or an extraordinary event outside the Client’s control. Any such refund is at BCE’s discretion and may be pro-rated to account for Services already performed and BCE team time already incurred.

10. Campaign Timing and Availability
    
    The PR Splash media-pitching phase begins after the Author’s Books That Make You interview and generally lasts approximately one to two weeks.

    During this pitching period, Client and Author must remain reasonably available to respond to BCE communications, consider interview opportunities, accept bookings, and participate in interviews that may be scheduled on short notice.

    Client and Author should not begin the campaign during a period when the Author expects to be substantially unavailable, including extended travel or vacation, unless BCE has agreed to the timing in advance.

    Qualifying Media Interviews may occur within a few days of pitching or may be scheduled up to approximately six months later, depending on the availability and production schedules of individual hosts, producers, and media outlets.

    BCE will coordinate Qualifying Media Interviews secured as a result of the campaign, including bookings that are scheduled to take place after the active pitching period. BCE will also follow up as appropriate to help ensure scheduled interviews take place.

    Client understands that media schedules are controlled by independent third parties. The timing of an interview does not constitute a failure by BCE to perform so long as BCE has otherwise fulfilled its obligations under this Agreement.

11. Books That Make You and Promotional Use
    
    Client authorizes BCE and Books That Make You to use the Author’s submitted name, approved biography, headshot, book cover, book description, website information, interview excerpts, recordings, media links, and related campaign materials for purposes of performing and promoting the PR Splash campaign.

    Client further authorizes BCE and Books That Make You to promote the Author’s Books That Make You interview and selected Qualifying Media Interviews through websites, newsletters, social media channels, and other promotional platforms.

    Client represents that Client and/or Author has the necessary rights and permissions to provide all submitted materials for these purposes.

12. Campaign Materials, Promotional Content and BCE Property
    
    Media lists, contacts, pitching strategies, research, internal notes, campaign planning materials, processes, methodologies, templates, databases, and other materials developed or used by BCE in connection with PR Splash are BCE work product and remain the property of BCE.

    BCE may share interview topics, preparation guidance, or other information with the Author as BCE determines appropriate for successful participation in Qualifying Media Interviews.

    Client and Author may share, repost, link to, and otherwise use published Qualifying Media Interviews concerning the Author, subject to any rights or restrictions imposed by the media outlet.

    Client and Author may also use and share graphics, social media posts, and other promotional content that BCE or Books That Make You specifically creates and provides or publishes for promotion of the Author, book, or Qualifying Media Interviews.

    BCE retains ownership of its proprietary methodologies, processes, templates, media contacts, databases, pitching methods, research, know-how, trade secrets, and other underlying intellectual property.

13. BCE Personnel
    
    BCE may assign employees, contractors, consultants, publicists, producers, or other team members to perform Services under this Agreement at BCE’s discretion.

    Client is purchasing PR Splash from BCE and is not guaranteed the services of any particular BCE employee, publicist, or team member.

14. Limitation of Liability
    
    TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOSS OF DATA, ARISING FROM THIS AGREEMENT.

    BCE’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CLIENT TO BCE FOR THE PR SPLASH SERVICES.

    Nothing in this Section limits liability that cannot lawfully be limited.

15. Indemnification
    
    Client represents that Client and Author have the right to provide BCE with all book materials, photographs, artwork, biographical information, statements, trademarks, copyrighted materials, and other content submitted for use in the campaign.

    Client agrees to defend, indemnify, and hold harmless BCE, its affiliates, agents, employees, contractors, successors, and assigns from third-party claims arising from materials supplied by Client or Author, infringement of third-party intellectual-property or proprietary rights by those materials, unlawful or defamatory statements made by Client or Author, or Client’s or Author’s negligent or unlawful acts.

16.  

    Force Majeure

    Neither party shall be responsible for delays or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, fire, flood, war, civil disturbance, government action, widespread technology or communications outages, labor disruptions, or similar events.

    The parties will resume performance as reasonably practical after the circumstances have ended.

17.  

    Governing Law
    
    This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama.

18. General Provisions
    
    If any provision of this Agreement is determined to be unenforceable, the remaining provisions shall remain in effect to the maximum extent permitted by law.

    Failure by either party to enforce any provision of this Agreement does not waive that party’s right to enforce it later.

    This Agreement, together with the PR Splash scope of services and information submitted by Client, constitutes the entire agreement between BCE and Client concerning PR Splash and supersedes prior oral or written representations concerning the service.

    Any material modification to this Agreement must be agreed to by BCE in writing.

    Provisions concerning payment, intellectual property, limitation of liability, indemnification, promotional permissions, and governing law survive termination where applicable.