TERMS AND CONDITIONS
NightOwl Creative Film & Sound
Last Updated: December 2025
1. SERVICES
NightOwl Creative Film & Sound ("NightOwl," "we," "us") provides creative media production services including concert filming and recording, virtual choir productions, adventure filmmaking, audio/video editing, and related production services. These terms govern all projects undertaken by NightOwl.
2. ENGAGEMENT & QUOTATIONS
All quotations are valid for 30 days unless otherwise stated. Quotations are estimates based on information provided by the client. Final costs may vary if project scope changes. By accepting a quotation and paying any required deposit, the client agrees to these terms.
3. PAYMENT TERMS
For projects under £500:
• Full payment due within 7 days of quotation acceptance to secure booking
• No work commences until payment cleared
For projects £500 and above:
• Deposit required: £500 or 50% of total project cost (whichever is greater)
• Deposit due within 7 days of quotation acceptance to secure booking
• Balance due within 14 days of project completion and delivery
• No work commences without cleared deposit
• Final deliverables released only upon receipt of full payment
Standard Rates:
• Day rates for on-location production (concert recording/event filming): £400-450 per day (up to 10 hours)
• Additional hours beyond 10 hours: £50/hour
• Half-day rate (up to 5 hours): £250-300
• Multi-day bookings: rates negotiable
• Day rates include operator and standard equipment package
• Specialized equipment (additional cameras, wireless systems, etc.) quoted separately
• Hourly rates for post-production: £40-45/hour for preparation work, £50/hour for standard editing, £55-60/hour for complex editing, compositing & VFX work
• Payments accepted via bank transfer or other agreed methods
• Late payments incur interest at 8% above the Bank of England base rate per annum, plus reasonable debt recovery costs as permitted under the Late Payment of Commercial Debts (Interest) Act 1998
• Outstanding invoices over 30 days may result in suspension of files/deliverables
• Travel costs from Scottish Highlands billed separately and due with deposit
4. CANCELLATION POLICY
For projects £500 and above:
• Client cancellations with 14+ days notice: 50% deposit refund
• Client cancellations with 7-14 days notice: 25% deposit refund
• Client cancellations under 7 days: no refund
For projects under £500:
• Client cancellations with 7+ days notice: 50% refund
• Client cancellations under 7 days: no refund
All projects:
• Travel costs already incurred are non-refundable regardless of notice period
• Force majeure events: payments held as credit for rescheduling within 12 months
• NightOwl reserves right to cancel with full refund if unable to fulfill services
5. PROJECT DELIVERY
Delivery timelines are estimates dependent on client provision of materials, feedback responses, and project complexity. Delays caused by late client materials extend delivery dates proportionally. Final deliverables provided in agreed formats via digital transfer upon full payment only.
6. REVISIONS & CHANGES
Two rounds of revisions included in quoted price. Additional revisions charged at hourly rates. Significant scope changes require new quotation and may affect delivery timeline and payment schedule.
7. INTELLECTUAL PROPERTY
Client receives usage rights for agreed purposes upon full payment. NightOwl retains copyright and may use work for portfolio, showreel, and promotional purposes unless otherwise agreed in writing. Client warrants they have rights to all provided materials and indemnifies NightOwl against any third-party claims arising from client-provided content.
8. PERMISSIONS & CONSENTS
Client is responsible for obtaining all necessary permissions, consents, and releases including:
• Filming/recording permissions from venue owners and management
• Performance rights and recording consents from all performers, artists, and speakers
• Audience recording notifications and consents where required
• Music licensing and performance rights (PRS, PPL, etc.)
• Any other third-party permissions required for the production
NightOwl is not liable for any claims arising from lack of proper permissions or consents. Client warrants all necessary permissions are in place before production commences.
9. LIABILITY & INSURANCE
Our liability for breach of contract, negligence, or otherwise is limited to the total project fee paid, except for liability for death or personal injury caused by our negligence, which cannot be limited. We maintain professional equipment insurance but are not liable for venue access issues, performer availability, weather conditions, or third-party failures.
Equipment Damage: Client is responsible for any loss or damage to NightOwl equipment caused by the client, their staff, performers, or venue conditions, and agrees to reimburse repair or replacement costs.
10. EQUIPMENT & LOCATION
We employ minimal-footprint, battery-powered systems for sensitive locations. Client must disclose all venue restrictions, access limitations, and environmental concerns before production. Additional costs may apply for extreme locations requiring specialized logistics. Client responsible for ensuring safe working environment and access to power/facilities as agreed.
11. REMOTE PRODUCTION
For virtual choir and remote editing projects, clients must ensure participants provide materials meeting technical specifications provided by NightOwl. We are not liable for unusable submissions due to technical quality issues beyond our control.
12. DATA PROTECTION
We process personal data in accordance with UK GDPR and the Data Protection Act 2018. Personal data collected during projects (names, contact details, images, recordings) will be used solely for project delivery and portfolio purposes unless otherwise agreed. Data will be stored securely and retained only as long as necessary. Clients have rights to access, rectify, or request deletion of their data. See our Privacy Policy for full details.
13. ARCHIVE & STORAGE
Raw footage and project files are retained for 90 days after final delivery unless otherwise agreed. After this period, NightOwl is not obligated to maintain archives. Extended storage available upon request for additional fee. Clients are responsible for backing up delivered files.
14. CONFIDENTIALITY
We maintain confidentiality of client information and unreleased projects unless required by law or with written permission. Client information will not be shared with third parties except where necessary for project delivery.
15. DISPUTES & JURISDICTION
In the event of any dispute, both parties agree to attempt resolution through good faith negotiation and mediation before pursuing legal action. These terms are governed by the laws of England and Wales, and parties submit to the exclusive jurisdiction of the courts of England and Wales.
16. GENERAL
If any provision of these terms is found to be unenforceable, the remaining provisions remain in full effect. These terms constitute the entire agreement between parties and supersede all prior agreements or representations. Variations must be agreed in writing.
CONTACT
NightOwl | Creative Film & Sound
Kincraig, Scottish Highlands, United Kingdom
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