The East Wing Studios Terms and Conditions
Last updated: 20/08/2025
These Terms and Conditions (“Terms”) govern all services provided by The East Wing Studios Ltd (“we”, “us”, “our”) to any client (“you”, “your”). By confirming a booking or engaging our services, you agree to be bound by these Terms. Please read them carefully.
1. Definitions
1.1 “Booking” means a confirmed request by you for our Services, whether made verbally, electronically, or in writing.
1.2 “Short-Form Booking” means a single or short-duration session such as voice recording, ADR, SFX for commercials, or other day-to-day services, usually booked by the day or half-day.
1.3 “Long-Form Booking” means extended projects such as TV dramas, films, series, or games, usually booked for multiple days or weeks.
1.4 “Client Materials” means all audio, video, scripts, data, software, or other content or items you provide to us in connection with the Services.
1.5 “Deliverables” means the final output produced by us under a Booking.
1.6 “Services” means the audio post-production, sound design, mixing, or related work carried out by us.
1.7 “Intellectual Property Rights (IPR)” means copyright, trademarks, design rights, patents, or any similar rights.
2. Formation of Contract
2.1 A contract between you and us comes into effect when we confirm your Booking in writing (including email).
2.2 These Terms, together with the Booking confirmation, constitute the entire agreement. No other terms apply unless agreed in writing by us.
2.3 Any quotation provided by us is valid for 30 days, unless otherwise stated.
3. Services
3.1 We will carry out the Services with reasonable skill, care, and in accordance with industry standards.
3.2 Any timeframes given for completion are estimates only and time is not of the essence unless expressly agreed in writing.
3.3 Any changes or additional Deliverables requested after the Booking is confirmed may incur extra charges, which we will notify you of in advance.
4. Client Obligations
You agree that:
4.1 All Client Materials will be of suitable quality and in a form reasonably required by us.
4.2 You own or have obtained all necessary rights, consents, and licences to use Client Materials and to permit us to use them for the Services.
4.3 You will not supply any Client Materials that are unlawful, defamatory, obscene, or infringe any third-party rights.
4.4 You will comply with all health & safety and security requirements when present at our premises.
4.5 You remain responsible for ensuring Client Materials are backed up. We do not guarantee the preservation of your files once the Services are completed, regardless of any archiving arrangements.
4.6 You must provide all Client Materials, approvals, licences, and clearances promptly and in the required format.
4.7 You must designate a duly authorised representative with authority to make decisions and approvals on your behalf.
4.8 You must return any equipment provided and vacate our premises promptly at the end of each session.
5. Charges and Payment
5.1 Fees are set out in the Booking confirmation or agreed separately in writing.
5.2 All charges are exclusive of VAT, which will be added at the prevailing rate.
5.3 Invoices are payable within 30 days of the invoice date unless otherwise agreed.
5.4 We may require advance payments or deposits before commencing work.
5.5 Late payments will accrue interest at 4% above the Barclays Bank base rate, calculated daily, until paid in full.
5.6 We reserve the right to suspend or withhold Deliverables if payment is overdue.
5.7 We may withdraw any discounts or rebates, and/or require immediate payment of all outstanding invoices, if payment is not received by the due date.
5.8 Quotes and Estimates
All fees and cost estimates provided by us are based on the information, materials, and project parameters available at the time of quoting. If the scope, specifications, schedule, or deliverables change, or if additional work is required due to late, incomplete, or unsuitable materials provided by you, we reserve the right to revise the quote and charge additional fees. Any such additional costs will be notified to you in advance where practicable.
5.9 Weekend and Out-of-Hours Bookings
Bookings requiring work outside standard business hours (Monday to Friday, 09:00–18:00), including evenings, weekends, and public holidays, must be agreed in advance.
Weekend and public holiday bookings are subject to a minimum booking of 3 hours.
Such bookings may be subject to additional charges, which will be confirmed at the time of scheduling.
6. Intellectual Property
6.1 All Intellectual Property Rights in the Deliverables shall transfer to you only upon receipt of full payment of all sums due.
6.2 Our pre-existing Intellectual Property (including workflows, templates, and software) remains ours. We grant you a non-exclusive, non-transferable licence to use such elements as incorporated in the Deliverables.
6.3 Unless otherwise agreed in writing, we do not provide project session files or raw materials.
7. Cancellation and Termination
7.1 Slot Pencilling and Confirmation
Provisional (“pencilled”) bookings are not guaranteed until confirmed in writing by the Facility.
If another client requests the same slot, the Facility will contact you and may require confirmation within 24 hours. Failure to confirm may result in the slot being released.
7.2 Short-Form Bookings
Once confirmed:
Cancellation more than 24 hours before the session: 50% of the fee payable.
Cancellation within 24 hours of the session: 100% of the fee payable.
7.3 Long-Form Bookings
Cancellation more than 30 days before the project start date: No fee payable.
Cancellation between 15–30 days before: 25% of the total fee payable.
Cancellation between 7–14 days before: 50% of the total fee payable.
Cancellation less than 7 days before: 75% of the total fee payable.
Cancellation within 24 hours of the project start: 100% of the total fee payable.
7.4 Termination by the Facility
We may terminate the contract immediately if:
You fail to pay on time;
You materially breach these Terms;
You become insolvent or unable to pay debts as they fall due.
7.5 Payment Upon Termination
Upon termination, you must pay for all Services provided up to the termination date, together with any applicable cancellation charges above.
7.6 Third-Party Costs
In addition to the cancellation fees set out above, the Client shall be responsible for any third-party costs or contractor fees already incurred or committed to by the Facility in connection with the Booking (including but not limited to voice artists, musicians, freelance staff, and external studios). Such costs will be charged at cost and are payable in full, irrespective of the timing of cancellation.
8. Liability
8.1 We will not be liable for any indirect, special, or consequential losses, including loss of profit, revenue, or goodwill.
8.2 Our total liability to you shall not exceed the lesser of £50,000 or the total charges payable under the Booking.
8.3 We shall not be liable for deficiencies in Client Materials, delays caused by you (including delays in delivery of Client Materials), or your failure to provide accurate instructions.
8.4 You are responsible for insuring your Client Materials and maintaining backups. We do not accept responsibility for loss or damage to Client Materials, however caused.
9. Project Backup and Archiving
9.1 Active Projects – During the course of a Booking, active project files are stored on our internal production systems.
9.2 Archiving Arrangements – Archiving arrangements are normally agreed in writing at the quoting stage. If archiving is included, the completed project will be stored on our primary archival server configured with data redundancy measures and replicated to an offsite server via encrypted remote replication.
9.3 Additional Storage Requirements – If additional or extended storage requirements arise during the course of the project, these can be discussed and agreed in writing. Any such arrangements may be subject to additional costs.
9.4 Retention Period – Archived projects are retained for 12 months from the date of final delivery, unless an extended retention period has been expressly agreed in writing. After this period, archived data may be permanently deleted unless an extension is arranged.
9.5 No Archiving Agreement – If no archiving arrangement has been agreed at quoting stage or subsequently during the project, we reserve the right to delete all project files 30 days after final delivery.
9.6 Retrieval of Archived Materials – Retrieving archived projects after delivery is not included in our standard service. Retrieval requests may be subject to reasonable fees, which will be confirmed at the time of request. Additional charges may apply where:
Delivery is required on physical media (e.g. hard drives);
Rush retrieval is requested; or
Projects exceed normal data volumes.
Our liability for stored Client Materials is limited to the replacement cost of the storage medium, not the underlying content.
9.7 Client Responsibility – While we take reasonable measures to ensure the safety and redundancy of archived data, no backup system is infallible. In the unlikely event of simultaneous system failure or data loss, we shall not be liable for any costs or losses associated with recreating assets or project materials. We strongly advise you to maintain your own copies of all essential source materials and final deliverables.
9.8 Goodwill Efforts – In the event of data loss, we will make reasonable efforts on a goodwill basis to recover or reconstruct any project files, including mixes and session data, originally produced by us during the Booking.
10. Indemnity
You agree to indemnify and hold us harmless against any claims, damages, costs, or expenses (including reasonable legal fees) arising from:
Any defects, errors, or deficiencies in Client Materials supplied by you;
Any infringement of Intellectual Property Rights by Client Materials;
Any breach by you of these Terms;
Any acts or omissions by you, your employees, agents, or contractors in connection with the Services.
11. Confidentiality
11.1 Both parties agree to keep confidential any information disclosed in relation to the Services that is marked confidential or is reasonably understood to be confidential.
11.2 This obligation does not apply to information that is publicly available, independently developed, or required by law to be disclosed.
12. Insurance
12.1 You are responsible for insuring Client Materials against loss, theft, or damage.
12.2 We carry general liability insurance, but this does not extend to insuring Client Materials.
13. Force Majeure
We shall not be liable for delay or failure in performing our obligations where such failure results from events beyond our reasonable control (including strikes, illness, power failures, equipment failure, late delivery of Client Materials, or acts of God).
14. Governing Law
These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of England and Wales, and subject to the exclusive jurisdiction of the English courts.
15. Variations
No variation to these Terms shall be valid unless agreed in writing and signed by an authorised representative of The East Wing Studios Ltd.
16. General
16.1 Entire Agreement – These Terms, together with any Booking confirmation, constitute the entire agreement between you and us and supersede any prior understandings, representations, or agreements, whether written or oral.
16.2 Severability – If any provision of these Terms is held to be invalid, unlawful, or unenforceable, that provision shall be deemed severed, and the remaining provisions shall continue in full force and effect.
16.3 Waiver – No failure or delay by us in exercising any right or remedy under these Terms shall operate as a waiver of that or any other right or remedy.
16.4 Assignment – You may not assign, transfer, or subcontract any of your rights or obligations under these Terms without our prior written consent. We may assign or subcontract our rights and obligations at our discretion.
16.5 Notices – All notices under these Terms shall be in writing and delivered by hand, by post, or by email to the addresses last notified by the parties.
16.6 Relationship of the Parties – Nothing in these Terms shall be deemed to create a partnership, joint venture, or agency relationship between you and us.
16.7 Lien – We reserve a right of lien over any physical Client property (e.g. hard drives, tapes, equipment) held at our premises until all outstanding sums are settled. If unresolved after 14 days, we may sell or dispose of such property and apply proceeds to outstanding amounts.
16.8 Removal of Materials – You must arrange for the prompt collection of Client Materials following completion or termination of the Services. If not collected within a reasonable period, storage, retrieval, or disposal charges may apply.
17. Refreshments and Client Hospitality
17.1 Basic refreshments (tea, coffee, water, biscuits) are provided free of charge during sessions.
17.2 Where external lunches, meals, or other bought-in refreshments are requested or required, these will be charged to the Client at cost plus 20%.
17.3 Any special dietary requirements must be communicated in advance.
17.4 Responsibility for Bought-in Food
Where external lunches, meals, or other bought-in refreshments are supplied at the Client’s request, the Facility acts only as an agent in arranging delivery. Responsibility for the preparation, quality, and allergen information rests with the third-party food supplier. The Client must inform the Facility in advance of any dietary requirements or allergies, which the Facility will pass on to the supplier. The Facility shall not be liable for any illness, injury, or loss arising from food or drink provided by third-party suppliers.