In Studio Service Agreement

These Terms and Conditions (the Terms) govern the provision of in studio production services by The Social Brand (ABN 33 834 409 679) to any individual or business that completes the booking form and makes payment (the Client). Together, The Social Brand and the Client are referred to as the Parties.

By completing the booking form and making payment, the Client confirms they have read, understood, and agree to be bound by these Terms. No signature is required. Payment constitutes the Client's binding acceptance of all terms set out in this document.

These Terms apply to each and every booking made with The Social Brand for in studio production services, unless a separate written agreement has been signed by both parties.

The Social Brand provides in studio production services as described in these Terms. The number of sessions and any specific arrangements are confirmed at the time of booking.

Each in studio production session includes the following standard deliverables:

• One preparatory strategy session, held approximately one week before the recording session.
• One in studio recording session of the agreed duration, podcast style where agreed, hosted and facilitated by The Social Brand.
• Hosting and interview facilitation, creative direction, and show flow managed by The Social Brand.
• Full studio access including professional lighting, multi-camera setup, and audio engineering provided by the studio.
• Edited long form video.
• Behind-the-scenes photography.
• Full episode transcript.
• Audio files.
• All raw footage from all cameras delivered to the Client via a shared folder within 72 hours of the recording session.

Short-form video reels are not included in the standard session and are available as a separate paid package. See Clause 3.

Additional episodes, extended recording time, or any other deliverables are available at an additional cost and will be quoted in advance.

Standard Delivery Sequence

All session dates are booked directly by the Client into The Social Brand's calendar. The sequence below reflects the standard order of delivery once sessions are confirmed. Any changes are agreed upon between the Client and The Social Brand in writing.

Short-form video reels are an optional add on and do not form part of the standard in studio production session. The Client may elect to purchase the short-form video package at any time after their recording session.

Where the Client elects to purchase the package, the following applies:

• The fee for the short-form video package is quoted and confirmed in writing before any editing work commences. Pricing is current at the time of quoting and may change for future engagements.
• The fee is payable in full before editing commences. No editing work will begin until payment has been received in cleared funds.
• The package comprises five short-form video reels edited from the raw footage of the Client's recording session.
• The Client reviews the raw footage, selects their preferred moments, and submits timestamps for the five reels they would like created. There is no deadline for submitting timestamps, however the delivery timeframe does not begin until they are received.
• The five reels will be delivered within 7 days of The Social Brand receiving both the Client's timestamps and payment in full, whichever occurs later.
• Timestamps must be submitted in writing in a single consolidated list. Where the Client submits more than five timestamps, The Social Brand will action the first five listed.
• Reels are edited from the moments the Client selects. The Social Brand does not warrant that any selected moment is suitable for short-form editing, and is not responsible for the performance, reach, or engagement of any reel once published.
• Additional reels beyond the five included are available at an additional cost and will be quoted in advance.
• Fees paid for the short-form video package are non-refundable once editing has commenced.
• Where the raw footage is no longer available (see Clause 4), The Social Brand may be unable to fulfil a short-form video package purchased at a later date. In that case, any fee paid for the package will be refunded in full.

All raw footage is delivered to the Client via a shared folder within 72 hours of the recording session. It is the Client's responsibility to download and securely store all footage and files promptly upon delivery.

The Social Brand does not provide, and does not guarantee, ongoing storage, archiving, or backup of raw footage, project files, audio files, or delivered content. Files may be removed from shared folders or deleted from The Social Brand's systems at any time without notice.

Requests to re-supply files that are no longer available cannot be guaranteed. Where files can be retrieved, a retrieval fee may apply and will be quoted in advance. The Social Brand accepts no liability for any loss arising from the Client's failure to download and store files delivered to them.

Unless otherwise agreed in writing, the following are excluded:

• Posting or publishing content to any social media platform.
• Responding to comments, direct messages, or community engagement on any platform.
• Ongoing social media management or content strategy.
• Paid advertising, post boosting, or social media advertising spend.
• Distribution or submission of the content to streaming platforms (Spotify, Apple Podcasts, etc.) unless separately agreed in writing.
• Short-form video reels, unless the Client has purchased the optional short-form video package under Clause 3.
• Any services beyond in studio production as described in Clause 2.

The Client agrees to:

• Attend all scheduled sessions and the studio recording on time and prepared.
• Provide timely feedback and approvals as required during post-production.
• Communicate any scheduling concerns in writing with a minimum of 72 hours notice prior to any confirmed session.
• Download and securely store all raw footage and delivered files promptly upon delivery.
• Where the optional short-form video package has been purchased, review the footage and submit timestamps in writing for the reels they would like created.
• Ensure that all statements made on camera are lawful, truthful, and do not defame or mislead any person or organisation.
• Obtain prior written permission for any third-party brands, logos, or trademarks referenced or displayed during the recording.
• Comply with all policies and requirements of the third-party recording studio during the booking period.

The Social Brand is not responsible for any delays or lost session time caused by the Client's late arrival or lack of preparation. Failure to attend a confirmed session without notice will result in full forfeiture of that session with no right to reschedule.

Two rounds of revisions are included for each piece of delivered edited content, including the edited long form video and, where purchased, each short-form reel. A revision is defined as a single consolidated set of feedback submitted in one written communication.

Revisions cover editing adjustments to content already produced. A request to substitute a different moment or timestamp for a delivered reel is a new reel, not a revision, and will be quoted separately. Raw footage is supplied as recorded and is not subject to revision.

Any revision requests beyond the two included rounds will be quoted and charged at The Social Brand's standard rate, communicated before work commences.

All revision requests must be submitted in writing. Verbal requests will not be actioned until confirmed in writing.

The following policy applies to all confirmed sessions, including the strategy session and the studio recording session.

Notice period and fees:

• Cancellation or rescheduling with more than 72 hours notice: No fee. The session will be rescheduled at mutual convenience, subject to availability.
• Cancellation or rescheduling within 72 hours of the confirmed session: A rescheduling fee of AUD $500 (plus GST) is payable before any rescheduled date is confirmed. This $500 fee applies to a standard one hour studio session. Where a longer session has been booked, the rescheduling fee will be higher and will be calculated in proportion to the booked session length and the studio and crew costs incurred. The applicable fee will be confirmed in writing at the time of the cancellation or rescheduling request.
• No-show (failure to attend without prior notice): Full forfeiture of the session with no right to reschedule and no refund of any fees paid.

Additional terms for studio recording sessions:

• If the session overruns the scheduled booking time, an overrun fee of AUD $150 per half-hour (or part thereof) will be charged from the scheduled end time.
• The studio manager is authorised to terminate the recording session 10 minutes past the scheduled finish time to facilitate turnover for subsequent bookings.
• The Client is responsible for any damage caused to studio equipment, furniture, or property during their booking period and agrees to pay for the repair or replacement of any damaged items.

The rescheduling fee reflects real costs incurred by The Social Brand including studio booking fees, subcontractor commitments, and preparation time that cannot be recovered on short notice. Longer sessions carry larger studio and crew commitments, which is why the fee scales with the length of the booked session.

• In the event of studio-related disruptions outside The Social Brand's control, The Social Brand will make reasonable efforts to reschedule or arrange an alternative.

Recording sessions are conducted at a third-party recording studio engaged by The Social Brand. The Client acknowledges that:

• The studio operates under its own terms, conditions, and booking policies. The Client agrees to comply with all studio requirements during the recording session.
• The Social Brand is responsible for hosting, interview facilitation, creative direction, and post-production coordination.
• The studio is responsible for recording facilities, production equipment, technical crew, and on-site support.
• The Social Brand is not responsible for the operations, staffing, equipment failure, or facilities of any third-party recording studio.

The Social Brand may engage subcontractors to fulfil certain services, including but not limited to post-production editing. Where a subcontractor is engaged:

• The Social Brand remains the sole point of contact for the Client throughout the engagement.
• The Client's approval is not required for the selection or appointment of any subcontractor.
• The Client will be charged one inclusive fee. The Social Brand is responsible for all subcontractor costs unless otherwise stated in writing.

9.1 Payment Structure

The payment structure for in studio production sessions is as follows:

9.2 Payment Plans and Flexible Arrangements

A payment plan or alternative arrangement may be available at The Social Brand's sole discretion. Any such request must be made in writing before booking is confirmed. Payment plan arrangements are only binding once confirmed in writing by both parties. Verbal agreements regarding payment will not be recognised.

9.3 GST

All amounts are exclusive of GST. GST will be added to all invoices in accordance with applicable Australian tax law.

9.4 Late Payments

If payment is not received by its due date:

• The Social Brand will notify the Client in writing.
• If payment is not received within seven days of the due date, the session date will be released and made available to other clients.
• If payment remains outstanding for a further seven days (14 days total from the due date), The Social Brand reserves the right to withhold all delivered content and deliverables until the outstanding balance is paid in full.
• The full agreed session fee remains owing regardless of any service pause or cessation.
• Any costs incurred in recovering overdue payments, including debt recovery or legal costs, may be passed on to the Client.

9.5 Non-Refundable Payments and Credit Window

All fees paid are strictly non-refundable once payment has been made. The Client's commitment to the session is binding from the date of payment.

If the Client is unable to proceed at the scheduled time, The Social Brand may, at its discretion, hold fees paid as a credit toward a future session, subject to the following:

• Any credit request must be made in writing and agreed to by The Social Brand in writing.
• The credit must be used within 24 months from the date the credit was agreed in writing.
• If the credit is not used within 24 months, it will expire automatically and all fees paid will be permanently forfeited.
• Credits cannot be transferred to another person or business.
• It is the Client's sole responsibility to track and use their credit within the 24-month window. The Social Brand will not issue reminders regarding credit expiry.

The Social Brand does not offer refunds under any circumstances, including change of mind or change in personal or business circumstances.

Upon receipt of full payment of all amounts owing, all content created specifically for the Client under these Terms, including edited video content, any short-form reels purchased under Clause 3, audio files, and transcripts, becomes the sole property of the Client.

Until full payment has been received, all intellectual property and content created remains the property of The Social Brand. The Social Brand reserves the right to withhold delivery of any content until all outstanding payments have been made in full.

Licence granted to The Social Brand, marketing and promotional use:

By accepting these Terms and making payment, the Client grants The Social Brand a perpetual, worldwide, royalty-free licence to use all content produced during or arising from the engagement, including but not limited to edited long form videos, short-form video reels, behind-the-scenes footage and photography, raw footage, audio files, transcripts, and any written or verbal testimonials, for any marketing or promotional purpose, including:

• Organic social media posts across any platform, including Instagram, TikTok, Facebook, LinkedIn, and YouTube.
• Paid social media advertising and sponsored promotions.
• Website content, portfolio, and showreel.
• Case studies, pitch decks, and client showcase materials.
• Email marketing and newsletters.
• Any other promotional, advertising, or brand awareness activity carried out by or on behalf of The Social Brand.

The Client acknowledges that this licence is granted as a condition of booking and is accepted at the time of payment. No separate approval from the Client is required for The Social Brand to use content for the purposes listed above.

Opt-out requests:

If the Client wishes to request that their content not be used for marketing or promotional purposes, they may submit a written opt-out request to The Social Brand at contact@thesocialbrand.com.au. The Social Brand will consider the request and respond in writing within a reasonable time. If the opt-out is approved, The Social Brand will cease future use of the Client's content for promotional purposes. Content already published or distributed prior to the opt-out request will not be required to be removed unless separately agreed in writing.

Protection of proprietary frameworks and materials:

All proprietary frameworks, methodologies, systems, processes, show structures, and recordings of strategy sessions developed or provided by The Social Brand remain the exclusive intellectual property of The Social Brand at all times. These materials are provided to the Client for their own private use only and may not be:

• Shared with or disclosed to any third party.
• Resold, licensed, or otherwise commercially exploited in any form.
• Published, broadcast, or uploaded to any platform in any form.
• Used to design, deliver, or facilitate coaching, training, or any other commercial program.

Any breach of this clause will be treated as a material breach and may result in immediate termination of services with no refund, in addition to The Social Brand's right to seek damages.

The Social Brand makes no guarantee, representation, or warranty regarding audience growth, listener numbers, follower increases, engagement rates, or any other metric. Any examples or case studies referenced are illustrative only and do not constitute a promise of outcomes.

The Client acknowledges that audience and social media growth is influenced by many factors outside The Social Brand's control and enters into this arrangement on that basis.

Nothing in this clause limits any rights the Client may have under the Australian Consumer Law that cannot be excluded by agreement.

The Client agrees to indemnify and hold harmless The Social Brand and its representatives against any claim, liability, loss, cost, damage, or legal expense arising from:

• Statements made by the Client or any guests during any recording session.
• Any defamatory, misleading, or unlawful content produced at the Client's direction.
• Any breach of third-party intellectual property rights caused by or at the direction of the Client.
• Any breach of these Terms by the Client.
• Complaints made by third parties arising from content produced under these Terms.
• The Client's failure to comply with platform terms and conditions or applicable standards.

This indemnity survives the expiry or termination of the engagement.

Both parties agree to keep confidential all non-public information shared during the course of the engagement, including business strategies, financial information, login credentials, and any personal or sensitive information disclosed during sessions.

Neither party shall disclose or use the confidential information of the other party for any purpose outside the scope of these Terms without prior written consent.

This confidentiality obligation survives the termination or expiry of the engagement.

The Social Brand collects and handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Personal information collected during this engagement will be used solely for the purpose of delivering the agreed services and will not be disclosed to third parties except as required to deliver those services or as required by law.

The Client consents to The Social Brand retaining their contact details and booking information for the purpose of managing the engagement and for The Social Brand's own records.

Any account credentials or personal information provided by the Client will be stored securely and will not be used for any purpose beyond the scope of these Terms.

To the maximum extent permitted by law, The Social Brand's total liability to the Client for any claim arising under or in connection with these Terms shall not exceed the total fees paid by the Client for the relevant session.

The Social Brand shall not be liable for any indirect, consequential, or special loss or damage, including loss of revenue, loss of profits, or loss of opportunity.

The Social Brand is not responsible for equipment malfunctions, corrupted or lost files, power outages, studio disruptions, or any other technical failure during recording or production that is outside its reasonable control.

Nothing in these Terms excludes, restricts, or modifies any right or remedy implied or imposed by the Australian Consumer Law where to do so would cause any part of these Terms to be void.

The Parties agree to attempt to resolve any dispute through good faith negotiation before commencing any formal legal proceedings.

If the dispute cannot be resolved by negotiation within 14 days of written notice, either party may refer the matter to mediation conducted by a mutually agreed mediator. The cost of mediation will be shared equally between the Parties unless otherwise agreed.

If mediation is unsuccessful or either party declines to participate, the Parties may pursue their legal rights in the courts of Victoria.

Nothing in this clause prevents either party from seeking urgent injunctive relief where necessary.

The Social Brand shall not be liable for any failure to provide services due to any matter beyond its reasonable control, including natural disasters, pandemic, government-imposed restrictions, acts of war or terrorism, civil disturbances, or any other event preventing The Social Brand from performing its obligations.

These Terms are governed by the laws of the State of Victoria, Australia. Any disputes shall be subject to the jurisdiction of the courts of Victoria, subject to the dispute resolution process in Clause 18.

The Social Brand reserves the right to update these Terms from time to time. The version of the Terms in effect at the time of the Client's payment will apply to that booking. Updated Terms will be published at www.thesocialbrand.com.au and will apply to all bookings made after the date of publication.

These Terms are accepted by the Client upon completion of the booking form and payment. No signature is required.

By making payment, the Client confirms that they have read and understood these Terms and agree to be bound by them in full. The Client's payment constitutes their binding acceptance of all terms set out in this document.

If you have any questions about these Terms before booking, please contact The Social Brand at contact@thesocialbrand.com.au before making payment.