As my practice continues to grow and evolve, so too must the framework that supports how I collaborate with clients. Over the past year, through new engagements, ongoing partnerships, and critical moments in negotiation, I’ve gained valuable insight into what makes for a smooth, sustainable working relationship—and where misalignment can create unnecessary friction. With that in mind, I’ve carefully refined and expanded my Master Service Agreement (MSA) to ensure it reflects industry standards, protects both parties, and fosters the kind of creative, strategic, and business relationships I believe in.
These updates aren’t about making things more rigid or transactional—in fact, quite the opposite. They clarify expectations, eliminate gray areas, and ensure that every engagement is structured for efficiency, transparency, and fairness. I want clients to feel empowered in knowing exactly what to expect from our work together, and I want to set the stage for long-term, productive collaborations where time and energy are spent on the work itself—not on navigating unclear terms.
Here’s an overview of the changes taking effect:
1. Structural & Organizational Changes
- The 2025 MSA is significantly expanded (34 pages vs. 9 pages in the 2024 MSA).
- The sections have been renamed, reorganized, and expanded to clarify responsibilities and reduce ambiguity.
- The introduction now explicitly states that the agreement supersedes all prior discussions and expectations.
2. Expanded Scope & Service Definitions
The 2025 MSA has detailed service classifications, distinguishing between:
- Project-Based Engagements (one-time projects with limited scope)
- Retainer-Based Engagements (ongoing services with structured monthly deliverables)
- Explicit service limitations are now included (e.g., no legal or tax consulting, no IT support).
3. Billing & Payment Policy Updates
Payment Terms Reinforcement:
- All sales are final, no exceptions (refunds only available within 24 hours of payment if no work has begun).
- No refunds once engagement starts.
- Stronger late payment penalties (2% per month).
Project Pausing Adjustments:
2024 MSA: Projects could be paused for 3 months with a $999/month retainer.
2025 MSA: Pause fee is 30% of the project cost spread over 3 months.
Retainer Agreements Clarified:
- Monthly, Quarterly, and Annual retainers now formally outlined.
- Clients must pay in full in advance.
- Unused hours do not roll over.
4. Intellectual Property & Licensing Clarifications
2024 MSA: Work is considered “work for hire” but Eric Michael & Associates retained some ownership rights.
2025 MSA:
- More clearly transfers ownership to the client upon full and final payment.
- EM&A reserves rights over non-client-specific work or methodologies.
- Clients must provide attribution where possible.
5. Change Requests & Revision Policy
Strict revision timelines added:
- Clients must request revisions within 5 business days of receiving a deliverable.
- Additional changes after acceptance will incur new fees.
Revision categories are now defined:
- Minor (text edits) → free if within the window.
- Moderate (content adjustments) → hourly charge.
- Major (structural or creative overhauls) → treated as new work.
6. New Travel Policy
Not present in the 2024 MSA; the 2025 MSA introduces a full travel expense section.
Travel advances required:
- $4,500 minimum for domestic travel.
- $7,500 minimum for international travel.
On-site day rates added:
- $300/hr or $2,400 per full day (senior team).
- $225/hr or $1,800 per full day (associates).
Strict travel reimbursement policies (no reimbursement for personal expenses, guest travel, luxury upgrades, etc.).
7. Stronger Client Responsibilities & Non-Responsiveness Policies
Clients are now explicitly responsible for:
- Providing timely approvals & assets (delays of 30+ days allow EM&A to pause/cancel work).
- Payment responsibility for third-party tools (software, hosting, etc.).
Non-Responsiveness Policy Updated:
If the client goes silent for 30+ days, the project is canceled without refund.
8. Data Protection & Compliance
- New section on data security aligned with GDPR, CCPA, and FTC regulations.
- Data breach notification policy added (EM&A will notify clients within 72 hours of a confirmed breach).
Data retention policy:
Clients must request data deletion; otherwise, it may be deleted after 12 months.
9. Non-Solicitation Agreement Strengthened
Clients cannot hire or contract with EM&A team members for 5 years after working with EM&A.
Liquidated damages clause added:
If a client hires an EM&A employee directly, they must pay one year’s compensation for that employee.
10. New Dispute Resolution & Mediation Process
- Mediation is now mandatory before legal action.
- Arbitration clause added (if both parties agree in writing).
- Jurisdiction remains in Pennsylvania.
11. Expanded Termination & Cancellation Terms
2025 MSA gives EM&A more discretion to terminate clients based on:
- Poor communication.
- Late payments.
- Value misalignment.
This new agreement is the result of real-world experience, careful thought, and a deep respect for the clients I work with. If you’ve partnered with me before, you’ll see that the spirit of our collaboration remains unchanged—just better defined. If you’re new here, welcome—this MSA is designed to ensure we hit the ground running with a shared understanding of how we’ll work together.
These revised terms take effect immediately for new, incoming clients. Paused and past clients will need to accept these updated terms to reengage the studio moving forward. Acceptance will be requested and required from all current, active clients on/before April 1, 2025.
Eric Michael
Eric Michael is a multi-passionate, multidisciplinary creative collaborator, special projects lead, and career and life coach with a passion for high-stakes branding, business, and reputation management initatives.
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