Marketing Capture and Consent Policy

This Marketing Capture and Consent Policy (the “Policy”) applies to any non-CCTV audio, video, photo, or similar content captured by or on behalf of Bay Owl Studios (“Bay Owl”, “we”, “us”, “our”) for marketing and promotional purposes, at or in connection with Bay Owl’s facilities, sessions, events, workshops, and services (together, “Marketing Capture”).

This Policy applies 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 Confidentiality and Non-Disclosure Agreement (NDA) Policy, each as updated from time to time.

Important: CCTV is not used for marketing or promotional purposes. CCTV is governed by our CCTV and Security Policy.

 

1. Purpose

Bay Owl may capture behind-the-scenes and promotional content to showcase the Facility, the experience of working at Bay Owl, and Bay Owl’s services. Marketing Capture may include still photography, short-form video, long-form video, audio snippets, interviews, and similar content.

 

2. What Marketing Capture may include

Marketing Capture may include, for example:

  • photos/videos of the Facility, studios, common areas, and equipment;
  • behind-the-scenes footage of sessions or events;
  • voice or short spoken quotes (for example, testimonials);
  • short audio excerpts captured incidentally within a behind-the-scenes clip; and
  • client/artist/attendee name (or professional name), role, and basic context (for example, “tracking vocals”, “rehearsal session”, “workshop attendee”).

 

3. Consent and notice

3.1 Notice

Where Bay Owl intends to capture marketing content during a session or event, we will provide notice through one or more reasonable methods such as:

  • verbal notice by staff;
  • signage in the Facility;
  • a written note in booking communications; and/or
  • a consent prompt or check-box where our Booking Platform supports it.
3.2 Consent approach (practical)

Bay Owl will obtain consents where required by law. In practice, consent may be:

  • written (for example, a release form, email/WhatsApp confirmation, booking check-box); and/or
  • recorded verbal consent (for example, on-camera confirmation), where appropriate.
3.3 Group sessions and events

Where a booking involves multiple people (for example, bands, workshops, school/college visits), the booking Client is responsible for informing attendees that Marketing Capture may occur and for ensuring any required permissions are obtained, especially where minors are involved.

 

4. Opt-out and restrictions

4.1 How to opt out

If you do not want to be filmed/photographed for marketing, you must inform Bay Owl in writing before the session or at the start of the session. Bay Owl will make reasonable efforts to accommodate opt-out requests, including by avoiding filming the requesting individual or by restricting capture in certain moments.

4.2 Limits to opt-out accommodation

Bay Owl cannot guarantee that opt-out individuals will never appear incidentally in the background (for example, in common areas) where capture occurs, but we will take reasonable steps to minimise capture and will not intentionally feature an opt-out individual in marketing materials.

4.3 Confidentiality/NDA clients

If you require confidentiality or a non-disclosure agreement (NDA), you must notify Bay Owl before booking and have it agreed in writing before the session. Where an NDA is in place, Bay Owl will not conduct Marketing Capture that conflicts with those agreed obligations.

 

5. Minors

Marketing Capture involving minors requires additional care. Bay Owl will not intentionally feature a minor in marketing materials without appropriate consent from the minor’s parent/guardian and compliance with applicable law. Any minor attendance is governed by our Minors on Premises and Safeguarding Policy.

 

6. Client intellectual property and Bay Owl rights

6.1 Client ownership

Clients retain ownership of their underlying intellectual property (for example, compositions, performances, and recordings) subject to third-party rights and licences held by the Client.

6.2 Licence to use Marketing Capture

Where consent is provided and to the extent legally permissible, you grant Bay Owl a worldwide, non-exclusive, royalty-free licence to use Marketing Capture that includes your likeness, voice, name/professional name, and incidental audio/visual content captured during the session/event, for Bay Owl’s marketing and promotional purposes, including on websites, social media, showreels, and similar materials.

6.3 No release of client deliverables

Marketing Capture does not replace, and is separate from, any deliverables owed to a Client under a booking. Any use of Marketing Capture does not grant the Client any rights in Bay Owl’s branding, creative direction, edits, or promotional content formats.

 

7. Editing, context, and integrity

Bay Owl may edit Marketing Capture for length, clarity, subtitles, layout, and platform formatting. Bay Owl will not intentionally publish Marketing Capture in a manner that is materially misleading as to the context of the session/event.

 

8. Retention and removal requests

8.1 Retention

Bay Owl may retain Marketing Capture as part of its internal marketing archive, subject to reasonable security practices and the Privacy Policy.

8.2 Removal requests

You may request removal of a specific post or asset featuring you by contacting Bay Owl (Section 10). Bay Owl will consider requests in good faith, but removal may not always be possible (for example, where content has been shared widely, re-posted by third parties, or where Bay Owl has a lawful basis to retain the content).

 

9. Third-party platforms

Marketing materials may be published on third-party platforms (for example, Instagram, YouTube, Meta, LinkedIn). Those platforms have their own terms and privacy policies, and Bay Owl is not responsible for their independent processing of data once posted.

 

10. Contact

  • Terms: manager+termsofuse@bayowl.studio
  • Privacy: manager+privacypolicy@bayowl.studio