Terms and Conditions

Effective date: [23 February 2023]
Last updated: 1 February 2026
Contact: [email protected]

These Terms & Conditions (“Terms”) govern all services provided by LowLightKing Productions (“LowLightKing”, “we”, “us”) to any client (“Client”, “you”) including corporate video production, photography, live production, post-production, animation, VFX, color grading, sound, consulting, and related services (“Services”). By signing a proposal/quotation, issuing a purchase order, paying an invoice, or otherwise instructing us to commence work, you accept these Terms.

If there is a conflict between (a) a signed Master Services Agreement (“MSA”) or Statement of Work (“SOW”), (b) a proposal/quotation, and (c) these Terms, the order of priority is: MSA/SOW → Proposal/Quotation → These Terms.

1) Definitions

  • “Deliverables”: the final exports expressly listed in the SOW (e.g., 1 x 90s master, 3 cutdowns, subtitles).
  • “Project”: the Services and Deliverables agreed for a specific job.
  • “Shoot Day”: any day where crew, equipment, or locations are booked or held.
  • “Working Files”: project files, timelines, source files, presets, LUTs, VFX projects, audio sessions, and similar editable assets.
  • “Raw Footage”: unedited camera originals, audio originals, logs, proxies.
  • “Client Materials”: anything supplied by Client (logos, brand assets, scripts, music, stock, footage, product claims, approvals, instructions).
  • “Change Order”: any change in scope, schedule, deliverables, creative direction, or approvals that affects cost/time.
  • “Platform”: any third-party service used for review, delivery, payments, messaging, or storage.
  • “LowLightKing Marks”: “LowLightKing”, “LowLightKing Productions”, and all associated logos, wordmarks, taglines, and brand assets.

2) Scope of Services and change control

2.1 Scope only as written. LowLightKing performs only what is explicitly stated in the SOW/proposal.

2.2 Change Orders are billable. Any change requested by Client (including additional deliverables, versions, formats, aspect ratios, languages, edits, new shots, new messaging, new markets, or new platforms) is out of scope unless agreed in writing and may require a Change Order at LowLightKing’s then-current rates and schedule availability.

2.3 Client delays are Client cost. Delays caused by Client (approvals, access, assets, consolidated feedback, decision-making, location readiness, talent availability) may result in standby charges, rescheduling, and third-party cancellation/rebooking fees payable by Client.

3) Quotes, bookings, deposits, and start conditions

3.1 Booking confirmation. A Project is considered booked when LowLightKing receives any one of: signed acceptance, PO, written/email approval, deposit, or instruction to begin.

3.2 Deposit. Unless otherwise stated, a non-refundable deposit (typically 50%) is required to lock crew, equipment, and dates.

3.3 Holds. Date holds are not bookings. LowLightKing may release held dates if not confirmed by deposit and written acceptance by a stated deadline.

3.4 Client credit checks. LowLightKing may require advance payment or additional deposit based on credit risk or past payment behavior.

4) Fees, invoicing, taxes, and payment enforcement

4.1 Fees. Fees are as per SOW plus Change Orders, pass-through costs, reimbursables, and any additional time incurred due to Client actions.

4.2 Taxes/withholding. Fees are exclusive of applicable taxes (GST/VAT/withholding). Client is responsible for all taxes, duties, bank charges, wire fees, and currency conversion fees. If Client withholds amounts, Client must provide lawful certificates and may be required to gross-up so LowLightKing receives the agreed net amount, to the maximum extent permitted by law.

4.3 Payment terms. Unless stated: deposit due immediately; remaining balance due prior to final delivery or within 7 days of invoice, whichever is earlier.

4.4 Late payment. Overdue amounts accrue interest at the maximum lawful rate (or 1.5% per month where permitted), plus collection costs, legal fees, and administrative time.

4.5 Suspension for non-payment. LowLightKing may pause work, revoke review/delivery links, and withhold Deliverables until all invoices are fully paid.

4.6 No set-off. Client may not set-off or deduct any amounts except where mandatory by law and properly documented.

4.7 Chargebacks prohibited. Client agrees not to initiate chargebacks for contracted holds, approved work, or delivered services. Disputes must follow Section 23. Client remains liable for chargeback costs and platform fees.

4.8 Collections and recovery. Client agrees to pay all reasonable costs of recovery including legal fees, collection agency fees, and court/arbitration costs.

5) Expenses, travel, permits, and third-party costs

5.1 Pass-through costs. Locations, permits, talent, VO, music, stock, rentals, studios, travel, accommodation, catering, props, set build, security, insurance riders, translators, and couriers are billable unless included.

5.2 Estimates vs actuals. Third-party costs are estimates only unless expressly fixed; Client pays actuals.

5.3 Travel time. Travel time may be billable as stated in SOW or rate card.

5.4 Permits and permissions. Unless assigned to LowLightKing in writing, Client is responsible for permits and permissions. If LowLightKing obtains them, it is billable and contingent on authority timelines and approvals.

6) Scheduling, rescheduling, cancellation, and kill fees

6.1 Rescheduling. If Client reschedules after booking, Client pays all rebooking fees, vendor cancellation charges, crew hold fees, and any increases in cost due to reschedule.

6.2 Cancellation (Client). Unless otherwise stated:

  • Cancel 7+ days before shoot: actual costs incurred + 25% of Project fee
  • Cancel 3–6 days: actual costs + 50% of Project fee
  • Cancel 0–2 days: actual costs + 100% of Project fee
    Deposits are non-refundable.

6.3 Weather/force majeure. Client pays incurred costs. Reshoot is a Change Order unless included.

6.4 Client no-show. If Client or Client stakeholders fail to attend/enable filming or approvals, the day is billable as if performed, plus third-party costs.

7) Client responsibilities (non-negotiable)

Client must provide:

  • a single authorized decision-maker with approval authority
  • accurate brief, brand rules, and substantiation for all claims
  • access to locations/subjects/products and required internal approvals
  • releases/permissions unless assigned to LowLightKing in writing
  • consolidated feedback in the agreed format and timeframe
    Failure triggers delays, rescheduling, and additional charges.

8) Creative process, revisions, approvals, and acceptance

8.1 Creative is subjective. LowLightKing delivers to the agreed scope and brief. Client acknowledges subjective dissatisfaction is not a defect.

8.2 Revision limits. Revisions are limited to what the SOW states. Additional rounds are billable.

8.3 One revision round = one consolidated list. A “round” is a single consolidated written list delivered at one time. Feedback spread across channels or days counts as additional rounds.

8.4 Stage approvals lock scope. Approvals lock that stage. Any change that reopens prior stages requires a Change Order.

8.5 Deemed acceptance. Deliverables are accepted if Client does not raise written, specific defects within 3 business days of delivery of that stage.

8.6 Approval = legal clearance. Client approvals confirm Client has reviewed and cleared all rights, claims, compliance, trademarks, consents, and regulatory issues. After approval, legal/compliance risk is Client’s responsibility unless caused solely by LowLightKing’s original work excluding Client Materials.

9) Deliverables, formats, and archival

9.1 Delivery method. Deliverables are delivered via link/drive/platform. Client must download and back up.

9.2 Final deliverables only. Unless explicitly included, LowLightKing does not provide Raw Footage or Working Files.

9.3 Technical specs must be defined. Deliverables include only the codecs, resolutions, frame rates, aspect ratios, audio specs, subtitle formats, and platform variants listed in the SOW. Any new version not specified is a Change Order.

9.4 Archive retention. Unless stated, LowLightKing may retain project media for 30–90 days after final delivery and may delete thereafter without liability.

9.5 Archival, deletion certificates, retrieval fees. Extended archival, deletion certificates, structured deletion workflows, retrieval after archive windows, re-exports, reconforms, and reuploads are billable and not guaranteed after deletion.

9.6 No obligation to maintain platforms. LowLightKing is not responsible for third-party platform retention limits or link expiration.

10) Intellectual property, ownership, and licensing

10.1 No rights transfer until paid. All rights in Deliverables, Raw Footage, Working Files, and media remain with LowLightKing until full cleared payment.

10.2 Client license (standard). Upon full payment, Client receives a non-exclusive, non-transferable license to use final Deliverables for purposes/media/territories/term stated in SOW. If not stated: worldwide, perpetual, for corporate marketing and internal use.

10.3 Excluded by default. Client does not receive Raw Footage, Working Files, templates, LUTs, presets, workflows, BTS, or editable masters unless explicitly sold/licensed.

10.4 Third-party licenses. Stock/music/fonts/plugins/templates/AI assets may carry separate license terms. Client is responsible for compliance unless LowLightKing supplies and expressly licenses within scope.

10.5 Moral rights waiver (maximum permitted). To the maximum extent permitted by applicable law, contributors and Client waive and agree not to assert moral rights against LowLightKing or Client for agreed Deliverables.

10.6 Portfolio rights (unless no-publicity). Unless “no-publicity” is agreed in writing, LowLightKing may use non-confidential extracts/stills for portfolio, awards, showreels, and marketing after public release or delivery (whichever is earlier).

10.7 IP breach = injunctive relief. Any unauthorized use, copying, redistribution, leak, or publication of Raw Footage, Working Files, confidential materials, or LowLightKing IP permits LowLightKing to seek immediate injunctive relief, takedowns, and recovery of legal fees.

11) Releases, consents, and filming permissions

11.1 Client warranties. Unless assigned to LowLightKing in writing, Client warrants it has obtained all permissions/releases for people, property, trademarks, and copyrighted materials at Client-controlled locations and within Client Materials.

11.2 If LowLightKing obtains releases. Refusals, restrictions, or unavailability may limit capture/use; replacements and reshoots are billable unless included.

11.3 Minors. Guardian consent is mandatory. If Client introduces minors without compliant releases, Client bears all liability.

11.4 Location rules supremacy. If a location/studio/security authority imposes restrictions, LowLightKing may adjust production approach without liability. Resulting scope changes may be billable.

12) Confidentiality, NDAs, and security

12.1 Confidential information. LowLightKing will use reasonable care to protect Client confidential information. Client must clearly identify confidential items.

12.2 No NDA by default. NDAs are binding only if signed.

12.3 Security limitations. No system is 100% secure. LowLightKing is not liable for third-party platform breaches beyond reasonable control.

12.4 Confidentiality of commercial terms. Client must not publicly disclose pricing, proposals, or commercial terms.

12.5 Non-disparagement. Client must not publish false, misleading, or malicious statements intended to harm LowLightKing. Breach may trigger injunctive relief and damages.

13) Data protection and privacy

13.1 Operational necessity. LowLightKing may process personal data (faces/voices/contact details) needed to deliver the Project.

13.2 Client as controller (common). Client warrants lawful basis to share personal data and instruct processing.

13.3 DPA. If Client requires a Data Processing Addendum, it must be signed before sensitive data transfer or before commencing work.

13.4 Access controls. LowLightKing may log access, downloads, and sharing for security and audit purposes.

14) Legal compliance, restricted content, and claims

14.1 Client warranties. Client warrants scripts/claims/materials/instructions are accurate, substantiated, lawful, non-infringing, non-defamatory, and compliant with advertising/consumer laws, privacy laws, sanctions/export controls, and anti-bribery laws.

14.2 No legal clearance by default. LowLightKing does not provide legal advice or regulatory/broadcast clearance unless expressly contracted.

14.3 Right to refuse. LowLightKing may refuse or stop work that is unlawful, unsafe, discriminatory, or presents unacceptable legal/reputation risk.

15) Overtime, wait-time, hold-time matrix (billable)

15.1 Shoot overtime. Time beyond scheduled shoot hours is billable per crew member and equipment package at rates in SOW or standard rate card.

15.2 Client-caused waiting. Delays from Client approvals, talent readiness, location access, or stakeholder availability are billable from call time.

15.3 Post-production overages. Additional edit sessions and overage hours beyond scope are billable.

16) Equipment, locations, and damage

16.1 Client-caused damage. Client is responsible for full repair/replacement cost, downtime, and third-party claims caused by Client personnel/invitees.

16.2 Risky environments. LowLightKing may require additional safety measures/insurance or refuse performance.

16.3 Unauthorized recording. LowLightKing may prohibit unauthorized BTS recording and may remove violators from set.

17) Insurance and high-risk activities

17.1 Client insurance obligations. Unless stated, Client is responsible for public liability insurance at locations and any required event coverage.

17.2 Special risk coverage. Client must obtain and maintain insurance for stunts, vehicles, drones, water filming, pyrotechnics, hazardous sites, and any high-risk activities, and provide proof upon request.

17.3 Refusal right. LowLightKing may refuse performance if adequate insurance or safety measures are not in place.

18) AI / synthetic media clause (Client bears risk)

If Client requests AI voices, AI faces, synthetic actors, deepfake-style alterations, AI-generated scripts, or AI assets:

  • Client warrants it has all rights/consents and lawful basis
  • Client bears all compliance and disclosure obligations
  • LowLightKing may refuse requests that present unacceptable legal/reputation risk

19) Warranties and disclaimers

19.1 Limited warranty. LowLightKing warrants Services will be performed professionally consistent with industry standards.

19.2 Disclaimer. To the maximum extent permitted by law, LowLightKing disclaims all implied warranties (fitness, merchantability, uninterrupted availability, error-free outcomes).

19.3 No guarantee. No guarantee of views, conversions, revenue, PR outcomes, platform performance, or audience response.

20) Exclusive remedy for technical defects

For verified technical defects solely attributable to LowLightKing (e.g., corrupted export, incorrect codec, audio sync issues), Client’s exclusive remedy is re-export/correction within a reasonable time. No refunds or damages beyond the liability cap.

21) Limitation of liability

21.1 Liability cap. Total liability is capped at fees paid to LowLightKing under the specific SOW giving rise to the claim.

21.2 No consequential damages. No liability for indirect/consequential/punitive damages, loss of profit, business interruption, goodwill, or loss of data.

21.3 Client-controlled factors. No liability for delays due to Client, talent, authorities, weather, platform outages, or third-party licensing failures from Client-supplied assets.

21.4 Time bar. Claims must be brought within 6 months of final delivery/deemed acceptance, unless prohibited by law.

22) Indemnification

22.1 Client indemnity. Client will defend, indemnify, and hold harmless LowLightKing (including owners, employees, contractors, and agents) from claims, losses, liabilities, penalties, damages, costs, and legal fees arising from:

  • Client Materials (IP infringement, defamation, unlawful claims)
  • Client instructions, approvals, and use/distribution
  • failure to obtain releases/permissions where Client is responsible
  • unsafe locations/conditions controlled by Client
  • Client breach of these Terms or applicable law
  • modifications made by Client/third parties after delivery
  • chargebacks, payment disputes, or banking failures caused by Client

22.2 Indemnity process. LowLightKing will notify Client. Client controls defense and settlement, provided no settlement admits fault by LowLightKing or imposes obligations on LowLightKing without written consent.

22.3 LowLightKing indemnity (limited). LowLightKing indemnifies Client only for third-party claims that Deliverables (excluding Client Materials) infringe IP, limited to the liability cap and subject to prompt notice and defense control.

23) Termination

23.1 Termination for convenience (Client). Client may terminate in writing. Client pays all work performed up to termination plus committed costs and kill fees (Section 6).

23.2 Termination for cause (LowLightKing). LowLightKing may terminate immediately for non-payment, unlawful requests, safety risks, harassment, or material breach.

23.3 Effect of termination. No rights transfer until full payment. Unpaid Deliverables may be withheld.

24) Force majeure

Neither party is liable for delays from events beyond reasonable control (acts of God, war, strikes, pandemics, government actions, power/internet outages). Client remains responsible for incurred costs and rescheduling fees.

25) Trademark and brand protection (LowLightKing)

25.1 Ownership. LowLightKing Marks are owned exclusively by LowLightKing.

25.2 No implied license. Client receives no rights in LowLightKing Marks except as expressly granted in writing.

25.3 Limited reference use. Client may reference LowLightKing as production vendor only in factual credits/vendor lists, without implying endorsement.

25.4 Prohibited uses. Client must not:

  • register domains, social handles, or business names confusingly similar to LowLightKing
  • use LowLightKing Marks in paid ads, PR, or announcements without written approval
  • remove/alter LowLightKing watermarks/metadata prior to full payment
  • represent LowLightKing as a partner/agent/affiliate

25.5 Injunctive relief. Unauthorized use of LowLightKing Marks or leakage of confidential production materials constitutes irreparable harm. LowLightKing may seek injunctive relief without proving damages.

26) “No refunds once resources are committed” (explicit)

Once production resources are committed (crew booked, equipment reserved, locations held, schedules blocked, vendors engaged), no refunds apply. Cancellations are governed by Section 6.

27) Dispute resolution, governing law, and arbitration — Kochi, Kerala, India

27.1 Good-faith negotiation first. Parties will attempt good-faith resolution for 14 days.

27.2 Arbitration (confidential). Unless prohibited by law, all disputes shall be finally resolved by confidential arbitration in Kochi, Kerala, India, by a sole arbitrator mutually appointed. Arbitration shall be conducted in English. The arbitral award is final and binding.

27.3 Courts. Courts at Kochi, Kerala, India have exclusive jurisdiction for interim relief, injunctions, enforcement of arbitral awards, or where arbitration is unenforceable.

27.4 International enforcement. Awards/judgments may be enforced in any competent jurisdiction.

27.5 Injunctive relief preserved. LowLightKing may seek injunctive relief for IP/trademark/confidentiality breaches in any competent court.

27.6 Governing law. These Terms are governed by the laws of India and the State of Kerala, without regard to conflict-of-law principles, except where mandatory local law requires otherwise.

28) Notices

Notices must be in writing to [email protected] and Client’s designated email in the SOW/proposal. Email notice is deemed received when acknowledged or sent without bounce.

29) Miscellaneous

29.1 Entire agreement. These Terms + SOW/proposal are the entire agreement for the Project.

29.2 Severability. If any clause is invalid, the rest remains enforceable.

29.3 No waiver. Failure to enforce any right is not a waiver.

29.4 Assignment. Client may not assign without written consent. LowLightKing may assign to affiliates or successors.

29.5 Independent contractors. No partnership, employment, or agency relationship is created.

29.6 Electronic acceptance. Email approvals, click-acceptance, electronic signatures, and payments are binding acceptance.

Proposal / Invoice Acceptance Line

By approving a proposal, issuing a PO, paying any invoice/deposit, or instructing LowLightKing to commence work, Client agrees to these Terms & Conditions (including arbitration in Kochi, Kerala, India).