Disclaimer

1. Not Legal Advice

Brandkept is not a law firm. Brandkept does not employ attorneys in a legal advisory capacity. No attorney-client relationship is created by your use of Brandkept or any communication with Brandkept support.

Information provided by Brandkept about state child creator laws, Coogan law requirements, brand deal practices, likeness rights, right-to-delete obligations, and any other legal topics is provided for general informational and organizational purposes only. This information does not constitute legal advice and may not reflect the most current legal developments.

You should not act or refrain from acting on the basis of information on Brandkept without first seeking advice from a qualified, licensed attorney in your jurisdiction who specializes in entertainment law, child labor law, or the specific area of law relevant to your situation.

2. Not Tax Advice

Brandkept organizes your tax records and categorizes income based on standard classifications to assist your tax preparation process. All income categorization, tax document organization, and year-end summaries are provided for organizational reference only.

Tax obligations for minor creator income are complex and highly fact-specific. They depend on the amount and type of income, the state(s) involved, whether the child performs services vs. earns passive income, how the business is structured, and many other factors.

Always have a licensed CPA or qualified tax professional review your tax preparation before filing.Do not rely on Brandkept's income summaries or categorization as a substitute for professional tax advice or tax return preparation.

3. Not Financial Advice

Brandkept is not a registered investment advisor, broker-dealer, or financial planner. Nothing in Brandkept constitutes a recommendation regarding how to invest, manage, or allocate any funds, including Coogan trust funds.

Information about Coogan trust accounts, trust set-aside percentages, and trust management is provided for organizational and compliance-tracking purposes only. Decisions about how to structure, invest, or manage trust accounts should be made in consultation with a qualified financial advisor, CPA, or trust attorney.

4. Compliance Tool Positioning

Brandkept is a compliance management software tool. The distinction matters:

Using Brandkept does not mean you are compliant with applicable laws. Brandkept helps you manage and organize information relevant to compliance. Compliance with applicable laws is your responsibility, with appropriate guidance from qualified professionals.

5. State Law Information Accuracy

Child creator protection laws are a rapidly evolving area of law. As of the date shown above, eleven states have enacted specific child content creator protection laws: California, Illinois, Minnesota, Utah, Hawaii, Virginia, Montana, Arkansas, Tennessee, and New Jersey (all currently in effect), plus Colorado (effective June 1, 2027). Six states impose a mandatory trust for child performers: New York, California, Illinois, Louisiana and New Mexico, where the trust is a prerequisite for the work permit, and Pennsylvania, which is triggered by earnings thresholds. Three more — Kansas, Nevada and North Carolina — allow a court to order a set-aside on petition but impose no standing requirement. Massachusetts requires a court-approved plan for the protection of earnings, with no fixed percentage. Every one of these laws requires an employer, a contract, or a court proceeding, and their extension to family content creation is untested. California and Illinois appear in both the creator law list and the traditional performer list — they have two regimes each. Legislation is pending in many additional states. Federal legislation is also anticipated.

State law information in Brandkept — including Coogan law percentages, trust account requirements, income thresholds, age requirements, and other state-specific parameters — is based on our best understanding of current law at the time of development. We make no warranty that this information is current, accurate, or complete.

Before taking any action based on state law information in Brandkept — including making Coogan trust deposits, executing brand deals, or making other compliance decisions — verify the current requirements with a qualified entertainment attorney or CPA licensed in the applicable state.

6. Coogan Requirement Check Disclaimer

The Coogan requirement check in Brandkept shows applicable state laws and trigger conditions. When triggered, the product calculates a figure from the state law formula and the data you provide — that figure is an estimate based on state formula rules, not a legal determination of what you must deposit. The actual deposit amount required by law depends on your specific facts and may differ from this estimate; verify with a qualified entertainment attorney or CPA before making any deposit. These results:

• Are based on publicly available state law data that may be outdated
• Depend entirely on the accuracy of the information you enter (income amounts, child's age, state of residence)
• May not account for all applicable exceptions, exemptions, or nuances in your specific situation
• Do not constitute a legal determination of your Coogan law obligations
• May not reflect recent legislative changes, regulatory guidance, or court interpretations

Failure to comply with required Coogan trust obligations can result in civil liability. Do not rely solely on Brandkept's requirement check findings. Always verify the current requirements with a qualified entertainment attorney or CPA in your state before making deposits or other financial decisions.

7. Brand Deal Disclaimer

Brandkept's brand deal management features are organizational tools only. They help you track deals, record terms, manage deliverables, and organize payment information. They do not:

• Review contracts for legal sufficiency
• Identify all legally problematic terms
• Constitute review or approval of any contract
• Replace the judgment of a licensed entertainment attorney
• Guarantee that any deal is legal, enforceable, or appropriate for your child

Any contract templates or sample language provided in Brandkept is for informational reference only. These templates represent common structures used in the industry and must be customized for your specific situation by a licensed attorney before use.

Brand deals with minors typically require court approval in California and other states to be enforceable. Consult an attorney before entering into any brand deal involving a minor.

Brand Deal Compliance Flagging

Confidence levels indicate research quality: HIGH = enacted law with verified citation; MEDIUM = law exists but content creator extension is untested or law is court-discretionary; LOW = no specific state law, law not yet in effect, or pending legislation only.

States with verified enacted child influencer / content creator laws as of the date shown above:

California, Illinois, Minnesota, Utah, Hawaii, Virginia, Montana, Arkansas, Tennessee, New Jersey (in effect); Colorado (effective June 1, 2027).

States with traditional Coogan-style trust laws for child performers (percentages vary by state; content creator extension has not been judicially tested):

Mandatory trust: New York, California, Illinois, Louisiana, New Mexico, Pennsylvania. Court-petition only (no standing requirement): Kansas, Nevada, North Carolina. Court-approved earnings protection plan: Massachusetts. California and Illinois also appear in the enacted creator law list above — they have two regimes each.

If you live in a state not listed above, federal FTC disclosure rules still apply to every brand deal involving a child.

Sources used in research include: state legislative websites, official statute repositories (e.g., California Family Code, Minnesota Revisor, New York Consolidated Laws), FTC Endorsement Guides at 16 CFR Part 255, SAG-AFTRA Coogan Law resources, Minor Performer Alliance, and Quit Clicking Kids advocacy reports.

8. No Guaranteed Compliance

Compliance with child creator protection laws, Coogan laws, state minor privacy laws, and other applicable regulations is your legal responsibility. Brandkept provides tools to help you organize information and track compliance-related tasks. Using Brandkept does not constitute compliance with any specific law.

Laws and regulations applicable to child creator income and likeness management:

• Change frequently as new legislation is enacted and existing laws are amended
• Vary significantly from state to state and country to country
• Require interpretation by licensed attorneys in specific factual contexts
• May have exceptions, exemptions, and nuances that Brandkept's tools cannot account for

Brandkept expressly disclaims any representation that using the platform will result in legal compliance. We will never use language such as "guaranteed compliance," "we handle the law for you," or similar phrases.

9. Professional Consultation Recommendation

Given the complexity of laws affecting child creators and the significant financial and legal consequences of non-compliance, Brandkept strongly recommends that all users consult qualified professionals appropriate to their situation:

Brandkept does not endorse any specific attorney, CPA, or financial advisor. Resources above are provided as starting points only. You are responsible for vetting any professional you choose to engage. Brandkept is not a referral service and does not receive compensation for referrals.

10. Contact Us

Questions about this disclaimer or Brandkept's positioning: