Band Showreel
Terms + Conditions.

The following Terms and Conditions have been tailored to protect both the client and the videographer during their working relationship. The services requested by the Clients are subject to these terms and conditions and no variation or modification of the terms and conditions shall be effective unless agreed by Night Owl Studio and the Clients in writing.

1. Scope of Services
1.1 The clients agree to commission Night Owl Studio and Night Owl Studio agrees to provide the videography coverage and audio tracking for the bands showreel.
1.2 The Videographer agrees to provide videography services as outlined in the agreed-upon project proposal or contract.
1.3 Services may include but are not limited to, pre-production planning, filming, editing, audio tracking and post-production.
1.4 The product delivery date is approx 28 days from the shoot date
1.5 There will be one revision allowed per client. Any additional revisions will incur an hourly fee of $85.00

2. Rights and Ownership
2.1 It is understood that all images and video are the property of Night Owl Studio and may be used for display, promotion, advertising or any purpose thought proper by Night Owl Studio.
2.2 Subject to full payment, Night Owl Studio grants the Clients the right to use the final video product for non-commercial, (personal) viewing only.
2.3 Raw video clip files will not be supplied to the client.
2.4 The videographer (director of photography) retains control of the shoot at all times and reserves the right to make changes to the schedule or running of the shoot at any time
2.5 Re-edits and social media shorts are charged additionally by negotiation
2.6 Re-shoots and pickups are charged additionally

3. Payment Terms
3.1 The clients agree to pay Night Owl Studio a coverage fee of TOTAL $1,200.00.
3.2 A non-refundable and non-transferable deposit of half (50%) of the purchase price ($600.00) is required to secure the booking. Only once the deposit is paid does the booking come into effect.
3.3 If any installment is not paid, Night Owl Studio reserves the right to terminate the agreement, retain the deposit and, without limiting any other rights to which Night Owl Studio is entitled, Night Owl Studio shall not be obliged to film the band showreel.
3.4 The remaining balance must be settled prior to your session date. If this installment is not paid, section 3.3 will come into effect.

4. Cancellation
4.1 If the Client cancels the Services more than 31 days before the scheduled date, the deposit will be forfeited, but no further payment will be required.
4.2 If the Client cancels within 30 days of the scheduled date, the Client is responsible for paying 60% of the total fee. ($720.00)
4.3 Rescheduling is subject to the Videographer's availability and may incur additional fees.
4.4 If the client has paid in full and cancels 31 days or more before the scheduled date, Night Owl Studio will refund the additional payment ($600.00)

5. Delivery
5.1 All care and due diligence will be exercised in the performance and delivery of the above assignment. In the event of an inability to complete the assignment due to personal accident, illness, death, mechanical failure, theft or any other mishap beyond our control, liability will be limited to refund of monies paid.
5.2 Any partial non-delivery due to reasons beyond our control will entitle the client to a return or crediting of monies applicable only to that part of the agreement not performed.
5.3 First look video files will be delivered via a private YouTube link within 28 days from the date of the shoot. This is not to be used for sharing and promotion as it's not the final HD version. Final video files will be delivered via a Google Drive link with the HD video file.

6. Quality of Work
6.1 Night Owl Studio shoots differently to many videography companies and cinematographers. With this in mind, Night Owl Studio requires creative freedom
over the final edits.
6.2 Specific shots need to be discussed prior to coming into your session so that the videographer can plan for and allow time for these shots
6.3 The final cut of the video will be between 2 and 4 minutes in duration.
6.4 Night Owl Studio will allow for one (1) chance for moderate changes to the showreel to be requested which should not take more than one (1) hour to accomplish. Further changes will incur additional charges at a rate of $155p/h. The Client will be advised of an approximate per-hour time frame for approval before Night Owl Studio schedules any extra work.

7. Indemnity 
7.1 The Videographer will take all reasonable care in the performance of the Services, but shall not be liable for any loss, damage, or injury beyond their control.
7.2 The Client agrees to indemnify and hold harmless the Videographer against any claims, damages, or expenses arising from the Client's use of the final video(s).

8. Force majeure
8.1 If, due to an event beyond its control Night Owl Studio is (in its opinion) unable wholly or substantially to perform its obligations to a client the Venue will promptly notify client accordingly and will refund any booking fee or other prepayment to it in respect of the Booking, to the client.
8.2 Protocols in Event of Health Pandemic or State Of Emergency:

 The Parties agree that no performance will be required of either Party that would knowingly run counter to any laws, health and safety regulations, directives, or executive orders. if, during the Term of this Agreement, any Health Pandemic, would put the client(s), other vendors, the owner’s staff or personnel at risk, it is in the sole exclusive discretion of the owner as to whether or not the services must be cancelled or postponed.
In the event that the owner does deem a cancellation or postponement due to a Health Pandemic, no monies paid to the Client shall be refunded. However, the owner shall provide the client(s) with available options for a date transfer as soon as is reasonably practical.
In the event that the client chooses to cancel, the client may be liable for up to 50% of the total fee
If cancellation occurs due to government restrictions and or Perth/Peel and statewide lockdowns. If a booking is cancelled six (6) months or more before the event date: The same conditions apply as stated in section 4.
Postponements of the shoot where the 50% booking fee will roll over are if the shoot date is within one (1) year of the original shoot date. The 50% booking fee will not be refunded if the event date is more than one (1) year after the original shoot date.
Night Owl Studio has a covid double vaxxed team and risk management plan in place to ensure that the owner can deliver the event as outlined in these terms and conditions

9. Miscellaneous
9.1 Night Owl Studio may ask the client for their feedback (such as a testimonial) (‘Feedback’) in relation to its delivery of the services. If the client is happy to share details of their experience, Night Owl Studio will use this Feedback for future business development, as well as for its own promotional, publicity and marketing purposes. 
9.2 These terms and conditions are governed by the Laws of Western Australia and the Client and the videographer submit to the jurisdiction of the courts of the State.

I have read and understood the Night Owl Studio’s terms and conditions of band showreels. I accept these terms and conditions and have approved the venue hire and session date.