Terms of Service

Effective Date: July 8, 2026

These Terms of Service (the “Terms”) constitute a legally binding agreement between you, the client, customer, or user (“you” or “Client”), and Northwave Audio Atelier, an audio-studio business located at Northwave Audio Atelier, 2148 Granville Street, Vancouver, BC V6H 3G5, Canada (“Northwave Audio Atelier,” “we,” “us,” or “our”). By booking, purchasing, accessing, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Introduction and Acceptance of Terms

These Terms govern your use of the services provided by Northwave Audio Atelier, including music recording, mixing and mastering, voiceover recording, podcast production, audio editing and restoration, and jingle and commercial audio production (collectively, the “Services”). If you do not agree to these Terms, you must not use or access the Services.

By requesting a quote, booking a session, paying an invoice, signing a service agreement, or otherwise engaging our Services, you represent that you are at least the age of majority in your province or territory of residence, or that you have the consent of a parent or legal guardian if required by law.

2. Scope of Services

Northwave Audio Atelier provides professional audio services, which may include, without limitation:

• Music recording and session engineering;
• Mixing and mastering;
• Voiceover recording;
• Podcast production;
• Audio editing and restoration;
• Jingle and commercial audio production;
• Consultation, file delivery, revisions, and related production support.

Specific deliverables, timelines, revision limits, file formats, and technical specifications may be set out in a quote, invoice, booking confirmation, or separate written agreement. In the event of any conflict, the signed agreement or written project confirmation will prevail over these Terms to the extent of the conflict.

We reserve the right to refuse, suspend, or discontinue any project that, in our reasonable opinion, is unlawful, unsafe, technically infeasible, defamatory, hateful, infringing, or otherwise inappropriate.

3. User Obligations and Responsibilities

You agree to:

• Provide accurate, complete, and current information when booking or communicating with us;
• Ensure that all materials you provide, including audio files, scripts, lyrics, artwork, reference tracks, and instructions, are lawful and do not infringe any third-party rights;
• Obtain all necessary permissions, licenses, releases, consents, and clearances for any content you supply or request us to use;
• Promptly review proofs, mixes, masters, edits, and other deliverables and provide timely feedback;
• Cooperate with reasonable production requirements, including scheduling, file transfer, and technical specifications;
• Not use our Services for any unlawful, fraudulent, abusive, harassing, or harmful purpose;
• Not introduce malware, corrupted files, or other harmful code into our systems.

You are solely responsible for the legality, accuracy, and suitability of all content you submit or approve. We are not responsible for verifying ownership, clearance, or legal compliance of client-supplied content unless expressly agreed in writing.

4. Payment Terms and Conditions

All fees, rates, deposits, and payment schedules will be communicated in advance through a quote, invoice, booking confirmation, or written agreement. Unless otherwise stated:

• A non-refundable deposit may be required to secure a booking or begin work;
• Balances are due upon receipt of invoice or by the due date stated on the invoice;
• Work may be paused or withheld if payment is late or incomplete;
• All prices are in Canadian dollars unless expressly stated otherwise;
• Applicable taxes, including GST/HST/PST where required, may be added to the amount due;
• Any bank charges, wire fees, chargeback fees, or currency conversion fees are your responsibility.

If payment is not received when due, we may charge interest at the maximum rate permitted by applicable law, or if no rate is specified, a reasonable late fee. You agree to reimburse us for reasonable collection costs incurred in recovering overdue amounts, to the extent permitted by law.

Quoted prices are based on the scope of work described at the time of quotation. Material changes to the project scope, additional revisions, rush requests, extra studio time, or rework caused by incomplete or inaccurate client materials may result in additional charges.

5. Cancellation and Refund Policy

Cancellation terms may vary depending on the type of Service and the stage of production. Unless otherwise agreed in writing:

• Deposits are non-refundable, as they reserve studio time and cover administrative and preparatory work;
• If you cancel a booked session with insufficient notice, cancellation fees may apply;
• If work has already commenced, you may be charged for all work performed up to the cancellation date;
• Refunds are generally not provided for completed Services, delivered files, or approved work;
• Refund requests must be submitted in writing with a clear explanation of the issue.

If we cancel or materially fail to provide the Services due to reasons within our control, we may, at our discretion, reschedule the Services, issue a partial refund, or provide a credit for future Services, subject to applicable law.

Nothing in these Terms limits any non-waivable rights you may have under applicable consumer protection laws in Canada or in your province or territory of residence.

6. Liability Limitations

To the fullest extent permitted by applicable law, Northwave Audio Atelier shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of data, business interruption, reputational harm, or loss of opportunity, arising out of or related to the Services or these Terms.

To the fullest extent permitted by law, our total aggregate liability for any claim arising from or relating to the Services shall not exceed the amount actually paid by you to Northwave Audio Atelier for the specific Service giving rise to the claim during the three (3) months preceding the event giving rise to the claim, or such other amount as may be required by applicable law.

We do not guarantee that any Service will achieve a particular artistic, commercial, broadcast, streaming, or audience outcome. Audio production is inherently subjective, and creative preferences may differ. Final approval of mixes, masters, edits, and other deliverables remains your responsibility unless otherwise agreed in writing.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law, including liability for gross negligence, wilful misconduct, fraud, or any other liability that cannot lawfully be excluded.

7. Intellectual Property Rights

Unless otherwise agreed in writing:

• You retain ownership of materials you supply to us, including pre-existing recordings, scripts, logos, lyrics, and source content;
• We retain ownership of our pre-existing tools, templates, workflows, techniques, session files, plugins, know-how, and proprietary materials;
• Upon full payment, you receive the rights expressly granted in the applicable agreement or invoice for the final delivered work, subject to any third-party rights and any retained rights stated below;
• We may retain copies of project files, session data, and deliverables for archival, quality control, legal, and business purposes, subject to our privacy obligations.

If a project involves third-party samples, music, voice talent, stock assets, or licensed materials, you are responsible for securing the necessary rights unless we expressly agree in writing to do so. Any such rights may be subject to separate license terms.

Unless you notify us in writing otherwise, you grant Northwave Audio Atelier a limited, non-exclusive, worldwide, royalty-free license to use your name, project title, logo, and approved excerpts of the finished work for portfolio, promotional, and marketing purposes, provided such use does not disclose confidential information or violate applicable law. We will comply with any reasonable written request to withhold or remove such use, subject to practical limitations and prior publication.

8. Data Protection and Privacy

We collect, use, disclose, and store personal information only as reasonably necessary to provide the Services, manage bookings, process payments, communicate with you, maintain records, and comply with legal obligations. We take reasonable administrative, technical, and physical safeguards to protect personal information in our custody and control.

By using our Services, you consent to the collection, use, and disclosure of your personal information in accordance with these Terms and any applicable privacy practices we may provide. We may share personal information with service providers such as payment processors, cloud storage providers, file transfer services, accounting services, and other vendors necessary to operate our business, subject to appropriate confidentiality and security measures.

You acknowledge that audio projects may contain personal information, voice recordings, or other sensitive content. You are responsible for ensuring that any personal information you provide to us is collected and disclosed lawfully, including obtaining any required consents from speakers, performers, or other individuals whose voices or likenesses are included in the project.

We may retain project records for a reasonable period for operational, legal, tax, and accounting purposes. If you have questions about privacy or wish to request access to or correction of your personal information, please contact us using the details below.

9. Force Majeure

Northwave Audio Atelier shall not be liable for any delay, failure, or interruption in performance caused by events beyond our reasonable control, including but not limited to fire, flood, earthquake, severe weather, power outage, internet outage, equipment failure, labour dispute, pandemic, epidemic, public health emergency, government action, war, terrorism, civil unrest, supply chain disruption, or failure of third-party services.

If a force majeure event occurs, we may suspend performance for the duration of the event and a reasonable recovery period. We will use commercially reasonable efforts to resume Services as soon as practicable.

10. Changes to Terms

We may update or modify these Terms from time to time to reflect changes in our Services, business practices, or applicable law. The revised Terms will be effective when posted or otherwise communicated to you, unless a later effective date is stated.

Your continued use of the Services after the effective date of any revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Services.

11. Applicable Law and Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or relating to them, the Services, or any related transaction shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

You agree that the courts located in Vancouver, British Columbia shall have exclusive jurisdiction over any dispute arising from or relating to these Terms or the Services, except where applicable law requires otherwise. If you are a consumer, any mandatory rights or remedies available to you under applicable consumer protection legislation remain unaffected.

12. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms or the Services, please contact:

Northwave Audio Atelier
2148 Granville Street
Vancouver, BC V6H 3G5
Canada
Email: [email protected]
Phone: +1 (604) 782-9461

13. Severability Clause

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. If any invalid or unenforceable provision can be modified to make it valid and enforceable, it shall be deemed modified to the extent necessary to make it valid and enforceable while preserving its original intent as closely as possible.

These Terms constitute the entire agreement between you and Northwave Audio Atelier regarding the subject matter herein, unless supplemented by a separate written agreement signed by both parties.