Confidentiality and Non-Disclosure Agreement (NDA) Policy
This Confidentiality and Non-Disclosure Agreement (NDA) Policy (the “Policy”) applies to all bookings, sessions, enquiries, quotes, and services with Bay Owl Studios (“Bay Owl”, “we”, “us”, “our”), regardless of booking channel, including bayowl.studio, bayowlstudios.com, any booking platform (in-house or third-party), and all online/offline channels (phone, email, WhatsApp, social media, walk-ins, and direct messages).
This Policy works alongside (and should be read together with) our Terms of Use, Booking Terms and Studio Policies, Privacy Policy, Cookie Policy, Cancellation and Rescheduling Policy, Studio Rules and Safety Policy, Minors on Premises and Safeguarding Policy, CCTV and Security Policy, Cleaning, Damage and Fines Policy, and Marketing Capture and Consent Policy, each as updated from time to time.
1. Core position
1.1 Confidentiality must be agreed in advance
If you require an NDA or special confidentiality obligations, you must notify Bay Owl before placing a Booking and have the confidentiality terms agreed in writing before the Session.
1.2 No automatic NDA
Bookings do not include NDA coverage by default. Any confidentiality obligations beyond standard professional discretion are only applicable if agreed in writing by Bay Owl.
1.3 Bay Owl may refuse
Bay Owl may refuse to undertake or accept NDA obligations, at its discretion, including where the obligations are operationally impractical, overly broad, conflict with law or building/security requirements, or are presented too close to the Session start time.
2. What Bay Owl will do as standard (without an NDA)
Even where there is no NDA in place, Bay Owl will generally act with professional discretion and will not intentionally disclose your unreleased work or private session details publicly. However, this does not create a binding NDA and does not limit Bay Owl from operating the Facility, managing staff, or complying with legal and safety requirements.
3. When you must raise NDA/confidentiality requirements
You must raise any NDA or confidentiality requirements before booking, and in any event no later than the time Bay Owl requests for operational planning. This includes (without limitation):
- unreleased music, films, advertisements, or client campaigns;
- celebrity/high-profile attendance;
- embargoed releases and PR-sensitive projects;
- brand, agency, or label-mandated confidentiality;
- restrictions on staff, vendor, or third-party access;
- restrictions on photography/filming/behind-the-scenes content; and
- requirements to restrict who may be present in common areas or shared spaces.
4. Process for requesting an NDA
4.1 Provide details
To request an NDA, you must provide:
- the Booking reference (or proposed dates/times);
- who requires confidentiality (artist/brand/label/agency);
- the scope of confidentiality required (what is confidential, and what is not);
- any restrictions on marketing capture, photography, filming, or social posting;
- any specific security or access requirements (guest list controls, private entry needs, etc.); and
- your NDA document if you have one, or confirmation that you want to use Bay Owl’s standard NDA (if available).
4.2 Written confirmation required
No NDA or confidentiality requirement is binding unless Bay Owl confirms acceptance in writing (including by email/WhatsApp) and, where applicable, the NDA is executed by authorised signatories.
4.3 Time to review
NDA requests require review time. Bay Owl may not be able to accommodate last-minute NDA requests.
5. Post-booking NDA requests
5.1 No obligation to accept
If you request an NDA or confidentiality terms after a Booking is confirmed, Bay Owl is not required to accept those terms.
5.2 If you proceed without agreement
If you proceed with the Session without the NDA being agreed in writing, the Session will be treated as proceeding under Bay Owl’s standard Terms and Policies (including this Policy).
6. Operational and legal carve-outs (always apply)
Any NDA or confidentiality obligation (even if agreed) is subject to the following carve-outs to the maximum extent permitted by law:
- Bay Owl may share necessary information internally with its staff, engineers, and contractors strictly on a need-to-know basis to deliver the Session.
- Bay Owl may share information with building management/security where required for access control or safety.
- Bay Owl may comply with lawful requests from authorities, court orders, and legal obligations.
- Bay Owl may retain operational records (bookings, invoices, payment confirmations, internal notes) as required for accounting, legal, and compliance purposes.
- CCTV is used for security and incident review only and is governed by the CCTV and Security Policy.
7. Marketing capture restrictions
7.1 Default position
Marketing capture is governed by the Marketing Capture and Consent Policy.
7.2 NDA overrides only if agreed in writing
Where an NDA is in place, Bay Owl will comply with the agreed marketing restrictions. If you want a “no capture” session, this must be expressly agreed in writing before the Session.
7.3 Third-party capture
Bay Owl cannot control filming/photography conducted by other clients or visitors outside your booked space, particularly in common areas. Bay Owl will take reasonable operational steps where feasible (for example, staff instructions and signage), but cannot guarantee complete exclusion unless expressly agreed and operationally feasible.
8. Client responsibilities
8.1 Ensure your group complies
You are responsible for ensuring all your attendees/guests comply with any confidentiality requirements, including restrictions on phones, filming, and social posting.
8.2 Third-party permissions
If your project involves third-party confidential information (for example, a brand’s campaign), you are responsible for ensuring you have authority to disclose necessary information to Bay Owl for Session delivery.
9. Breach and remedies
9.1 Reporting
If you believe confidentiality has been breached, you must notify Bay Owl promptly with details sufficient to investigate.
9.2 Remedies
Any remedies are subject to the Terms of Use and applicable law, and Bay Owl’s total liability (if any) is limited as described in the Terms of Use, to the maximum extent permitted by law.
10. Contact
- NDA/confidentiality requests: manager+termsofuse@bayowl.studio
- Privacy queries: manager+privacypolicy@bayowl.studio