Terms of Service
1. Acceptance of Terms
By accessing colorbeyond.com, scheduling a consultation or studio tour, booking a studio session, purchasing a bundle or membership, purchasing an add-on, signing a client agreement, or otherwise using services provided by Color Beyond, you agree to be bound by these Terms of Service.
When these Terms are presented during an online booking or checkout process, selecting the required acceptance checkbox and completing your purchase constitutes your agreement to these Terms.
2. Services
Color Beyond provides professional video production, podcast production, podcast recording, studio services, photography, content creation, consulting, and related creative media services.
Some services may be purchased directly through our online booking platform. Larger or custom projects may require a separate proposal, statement of work, or client agreement.
The service description, booking confirmation, selected add-ons, applicable membership or bundle terms, and any separately signed agreement collectively define the services purchased by the client.
3. Consultations & Studio Tours
Consultations and studio tours are intended to help prospective clients understand Color Beyond's services, facilities, and production options. Scheduling a consultation or tour does not obligate either party to purchase or provide additional services.
Color Beyond reserves the right to decline a project, booking, or service request when the requested work falls outside our capabilities, availability, policies, or business standards.
4. Studio Recording Sessions
Unless otherwise stated at the time of purchase, a standard Podcast Recording Session includes up to 60 minutes of continuous recording time.
Clients may record multiple segments or episodes during the session, but the recording period runs continuously within the scheduled reservation. Separating recorded material into individual finished episodes is considered post-production and is not included unless purchased separately.
Standard recording services may include professional studio operation, cameras, microphones, lighting, live-switched video, individual recording files, and professionally mixed audio as described in the specific service purchased.
A live-switched recording is not the same as a fully edited post-production episode. Professional editing, trailers, social clips, thumbnails, remote guest integration, teleprompter use, and other optional services must be purchased separately unless expressly included in the selected service.
5. Scheduling, Late Arrivals & Session Time
Clients are responsible for arriving prepared and on time for their scheduled reservation. A late arrival does not extend the scheduled end time.
Studio access, setup, recording, breakdown, and any other services included in the reservation must occur within the scheduled booking window unless Color Beyond approves additional time in advance.
Additional recording time is subject to studio availability and additional fees. Color Beyond cannot guarantee that additional time will be available immediately following a scheduled session.
6. Bundles & Session Credits
Session bundles allow clients to pre-purchase multiple studio recording sessions at the price displayed at checkout.
Unless otherwise stated at purchase, bundle credits are non-refundable and may only be redeemed for the services associated with the purchased bundle.
Bundle credits may not be converted to cash, transferred to another account, combined with unrelated promotions, or applied retroactively to previous bookings unless approved in writing by Color Beyond.
Any expiration date or usage deadline displayed at the time of purchase will govern the bundle. If no expiration date is stated, the credits remain available according to the terms and functionality of the booking platform.
7. Podcast Membership
The Color Beyond Podcast Membership is a recurring subscription that includes two 60-minute Podcast Recording Sessions per monthly billing period, together with any additional benefits identified in the membership description at the time of purchase.
The membership includes cloud delivery and is billed automatically each month using the payment method provided by the member.
The Podcast Membership requires an initial minimum commitment of three months. By purchasing the membership, the member agrees to remain enrolled for the initial three-month term.
If a member cancels before completing the initial three-month commitment, a $100 early cancellation fee applies.
After completion of the initial three-month term, the membership continues on a month-to-month basis unless canceled.
Unused recording sessions may roll over while the membership remains active, subject to the rollover rules configured for the membership. Rolled-over sessions have no cash value and may not be refunded or converted into payment.
Cancellation does not create a refund for a billing period that has already been charged.
8. Add-Ons & Additional Services
Optional add-ons may include professional episode editing, episode trailers, social media clips, teleprompter use, remote guest integration, cloud delivery, and other services listed during booking.
Add-ons are priced separately unless expressly included in the purchased service, bundle, or membership.
Purchasing an add-on does not automatically extend the client's reserved studio time unless the booking confirmation specifically states that additional time has been added to the reservation.
9. Payments & Automatic Billing
Prices are displayed at checkout or established in a separate written agreement. Payment may be required in full, as a deposit, or according to an agreed payment schedule depending on the service.
Memberships and other recurring services authorize Color Beyond and its payment processors to automatically charge the payment method provided according to the billing schedule disclosed at purchase.
Clients are responsible for maintaining a valid payment method. Failed or declined payments may result in suspension of booking privileges, membership benefits, or access to services until the outstanding balance is resolved.
Except where required by law or expressly stated otherwise in writing, completed payments, prepaid studio credits, deposits, and charges for services already provided are non-refundable.
10. Cancellations, Rescheduling & No-Shows
Studio sessions may be canceled or rescheduled at least 24 hours before the scheduled start time.
Cancellations or rescheduling requests made less than 24 hours before the scheduled session may result in forfeiture of the booking payment or session credit.
No-shows forfeit the scheduled session and any payment or session credit associated with that booking.
Membership cancellation is governed by the membership terms, including the three-month initial commitment and applicable $100 early cancellation fee.
Color Beyond reserves the right to reschedule a session when circumstances outside our reasonable control prevent us from providing the booked service. When possible, we will work with the client to identify a replacement date.
11. Recording Files & Cloud Delivery
Recording-file formats and delivery methods depend on the services purchased. Certain bookings may include a live-switched video file, individual camera files, individual microphone recordings, professionally mixed audio, cloud delivery, or other production files as described at checkout or in the applicable agreement.
Cloud delivery refers to electronic delivery of available recording files through a file-sharing or cloud-storage service selected by Color Beyond.
Color Beyond may retain recording files for up to 7 days after the scheduled recording date. After that period, files may be permanently deleted without notice.
Clients are responsible for downloading and securely backing up all delivered files. Color Beyond does not guarantee long-term or permanent archival storage.
For projects involving post-production, source files and project files may be retained through final delivery and for up to 7 days afterward unless otherwise agreed in writing.
12. Custom Production Projects & Client Agreements
Larger, custom, or project-based production engagements may require a separate written agreement before work begins.
Those agreements may establish project scope, deliverables, production dates, payment schedules, revision limits, cancellation terms, ownership rights, licensing terms, and other project-specific requirements.
If a separately signed agreement conflicts with these Terms regarding a specific project, the terms of the separately signed agreement control for that project.
13. Intellectual Property
Upon receipt of full payment, ownership of final client deliverables transfers to the client unless otherwise specified in writing.
Color Beyond retains ownership of its pre-existing intellectual property, production processes, templates, systems, branding, business methods, and other materials not specifically created and transferred as client deliverables.
Unless otherwise agreed in writing, Color Beyond may display completed work, excerpts, behind-the-scenes material, or finished deliverables in its portfolio, website, social media, awards submissions, promotional materials, and other marketing channels.
14. Client Responsibilities
Clients are responsible for obtaining permission to record, publish, or distribute the likeness, voice, performance, trademarks, copyrighted materials, music, images, scripts, or other third-party materials they provide or direct Color Beyond to use.
The client is responsible for the conduct of all guests, representatives, employees, contractors, or other individuals attending the studio on the client's behalf.
Clients and guests must follow reasonable studio safety instructions and may not intentionally damage studio property, equipment, furnishings, or facilities.
15. Liability Disclaimer
Color Beyond provides its website, communications, booking systems, and services on an "as is" and "as available" basis without warranties of any kind, whether express or implied, except as otherwise required by law.
While we strive to provide reliable production services and accurate information, we cannot guarantee uninterrupted website or booking-platform availability, error-free operation, or any particular business, marketing, audience, revenue, or content-performance result.
To the fullest extent permitted by law, Color Beyond, IWillCreate Media LLC, its owners, employees, contractors, affiliates, and representatives shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from the use of our website or services, including lost profits, business interruption, data loss, missed opportunities, or delayed communications.
To the fullest extent permitted by law, Color Beyond's total liability for any claim arising from a specific purchased service shall not exceed the amount paid by the client for the specific service giving rise to the claim.
Wireless carriers are not liable for delayed or undelivered SMS messages.
16. SMS Communications
By providing your mobile phone number through our website, booking forms, contact forms, checkout process, or other communication channels, you expressly consent to receive SMS messages from Color Beyond regarding appointments, scheduling updates, customer support, account notifications, and promotional communications where applicable.
Consent to receive SMS messages is not a condition of purchasing goods or services. Message frequency varies. Message and data rates may apply. You may opt out at any time by replying STOP. Reply HELP for assistance.
17. Privacy
Your use of our website and services is also governed by our Privacy Policy available at www.colorbeyond.com/privacy-policy .
By using our services, you acknowledge the collection, storage, and use of information as described in our Privacy Policy.
18. Age Requirement
Our website, booking services, memberships, and SMS communications are intended for individuals who are at least 18 years of age.
By booking or purchasing services, you represent that you are at least 18 years old and legally capable of entering into an agreement.
19. Changes to Terms
Color Beyond may modify these Terms from time to time. Revised Terms become effective when posted to this page unless a later effective date is stated.
Changes will not retroactively alter the material financial terms of an existing prepaid purchase or initial membership commitment unless agreed by the client or otherwise permitted by law.
20. Governing Law
These Terms shall be governed by the laws of the State of Ohio, without regard to conflict-of-law principles.
Any legal action arising from these Terms or Color Beyond's services shall be brought in a court of competent jurisdiction located in Cuyahoga County, Ohio, unless applicable law requires otherwise.
21. Contact Us
If you have questions regarding these Terms of Service, please contact us using the information below.
2055 Lee Road, Suite 101
Cleveland Heights, Ohio 44118
impact@colorbeyond.com
www.colorbeyond.com