Payment & Cancellation Terms

These Payment & Cancellation Terms apply to commissioned work undertaken by Ember and Motion, operated by Mr. Noire Co.

They should be read alongside the Ember and Motion Terms and Conditions and Commission Terms.

1. Quotes and Pricing

Any price shown on the Ember and Motion website is a starting price unless expressly stated otherwise.

The final fee for a commission will be confirmed in writing and may vary depending on:

• project scope
• filming duration
• locations
• travel
• crew requirements
• equipment requirements
• production complexity
• post-production requirements
• number of deliverables
• additional services or changes requested

A commission is not confirmed until the agreed payment terms have been accepted and any required initial payment has been received.

2. Deposits and Initial Payments

A deposit or initial payment may be required to secure a filming date or begin project development.

The amount and due date will be confirmed before booking.

Any amount retained following cancellation must be fair and proportionate to the actual loss caused by the cancellation. UK guidance states that businesses should not automatically retain large advance payments or impose excessive cancellation charges simply because a contract says they may do so.

3. Payment Schedule

The payment schedule will be confirmed for each commission.

Depending on the project, payment may be structured as:

• an initial payment followed by the remaining balance
• staged payments for larger commissions
• full payment where appropriate

Any balance due must be paid by the date stated in the agreed quote, invoice or project agreement.

4. Late Payment

If a payment becomes overdue, Ember and Motion may pause:

• pre-production
• filming
• editing
• delivery
• further project work

Work may resume once the outstanding amount has been paid.

Any statutory rights relating to late payment remain unaffected.

5. Client Cancellation

If the client cancels a confirmed commission, Ember and Motion may retain or recover only amounts that fairly reflect direct losses caused by that cancellation.

This may include:

• non-refundable third-party costs already committed
• reasonable preparation work already completed
• travel or accommodation costs already incurred
• location fees
• crew costs
• other project-specific costs that cannot reasonably be recovered or reused

Cancellation charges should reflect genuine loss and should take account of reasonable steps Ember and Motion can take to reduce that loss, such as rebooking the date or cancelling third-party arrangements.

6. Cancellation Notice

Clients should provide as much notice as reasonably possible if they need to cancel.

The closer the cancellation is to the agreed filming date, the greater the likelihood that unrecoverable costs or lost production time may have already arisen.

Any cancellation amount will be calculated based on the circumstances of the specific project rather than an automatic blanket penalty.

7. Rescheduling by the Client

Where possible, Ember and Motion may allow a confirmed commission to be rescheduled.

Rescheduling may be subject to:

• availability
• location availability
• crew availability
• travel arrangements
• previously incurred costs
• material changes to the project scope

If rescheduling creates additional direct costs, those costs may be charged separately where reasonable and agreed.

8. Repeated Rescheduling

Where a client repeatedly reschedules a commission, Ember and Motion may require:

• a revised production date
• additional payment for costs already incurred
• a new quote where the scope or production conditions have materially changed

Ember and Motion may decline further rescheduling where continuing changes make the project impractical to deliver.

9. Client No-Show or Abandonment

If a client does not attend an agreed filming session without reasonable notice, or abandons a project after production has begun, Ember and Motion may retain or recover reasonable amounts reflecting the actual loss caused.

This may include committed production costs, preparation work and production time that cannot reasonably be recovered.

It does not automatically mean that the full unpaid balance becomes due unless that amount genuinely reflects the loss incurred. UK consumer guidance specifically warns against terms that automatically require all remaining payments where the business no longer has to provide the service.

10. Cancellation by Ember and Motion

Ember and Motion may cancel or postpone a commission where there is a genuine reason, including:

• illness or emergency
• unsafe filming conditions
• serious equipment failure
• loss of essential location access
• circumstances outside reasonable control
• serious breach of the agreed terms by the client

Where Ember and Motion cancels and cannot reasonably provide an alternative date or equivalent service, payments relating to services not provided will normally be refunded.

Terms allowing a business to cancel without a valid reason while retaining customer payments may be unfair, so cancellation decisions will be handled proportionately.

11. Weather and Outdoor Filming

Outdoor filming may be affected by weather conditions.

Where weather makes filming unsafe, impractical or likely to materially undermine the agreed project, Ember and Motion may recommend:

• delaying filming
• changing location
• adjusting the schedule
• rescheduling the relevant portion of production

Where both parties agree to reschedule because of genuine weather conditions, the project will normally continue on a new agreed date, subject to availability and any unavoidable additional costs.

12. Travel and Accommodation

Where travel, accommodation, parking, permits or transport are required, these costs may be charged separately.

If the client cancels after non-refundable travel or accommodation has been booked specifically for the project, those direct unrecoverable costs may be included in the cancellation amount.

13. Third-Party Costs

Some commissions may require third-party expenditure, including:

• locations
• permits
• equipment hire
• crew
• performers
• accommodation
• travel
• music licensing
• specialist services

Once these costs have been committed and cannot reasonably be recovered, they may remain payable if the client cancels or substantially changes the project.

14. Changes to Scope

If the client requests substantial changes after a commission has been agreed, Ember and Motion may issue a revised quote.

Additional payment may be required where changes result in:

• additional filming
• additional locations
• additional deliverables
• new creative development
• extra post-production
• additional crew or equipment
• increased travel

No additional work will be assumed to be included unless agreed.

15. Refunds

Refunds will be considered according to the circumstances of the project.

Where a refund is due, any reasonable deduction should reflect:

• work already completed
• services already supplied
• committed third-party costs
• other direct losses that cannot reasonably be recovered

Refund terms will not override statutory consumer rights. Services supplied to consumers must be provided with reasonable care and skill, and unfair contract terms cannot remove those rights.

16. Failure to Deliver the Agreed Service

If Ember and Motion fails to provide the agreed service with reasonable care and skill, or fails to provide what was agreed, the client's statutory rights remain unaffected.

Depending on the circumstances, remedies under consumer law may include repeat performance or an appropriate price reduction.

17. Chargebacks and Payment Disputes

If a client believes a payment has been taken incorrectly, they should contact Ember and Motion first so the matter can be reviewed.

Submitting a chargeback does not automatically determine whether an amount was properly due under the agreed commission terms.

Relevant correspondence, agreements, invoices and production records may be used to respond to payment disputes where necessary.

18. Consumer Rights

Nothing in these Payment & Cancellation Terms removes or limits statutory rights that cannot lawfully be excluded.

Consumer contract terms must remain fair and transparent. Excessive cancellation charges, automatic loss of all advance payments, and terms heavily weighted in favour of the business may be unenforceable.

19. Changes to These Terms

These terms may be updated from time to time.

The version applicable to a confirmed project should be the version provided or agreed at the time of booking, unless both parties later agree otherwise.

20. Contact

For payment, cancellation or rescheduling enquiries:

Ember and Motion / Mr. Noire Co.
Email: support@emberandmotion.com
United Kingdom