These terms and conditions apply to anyone who enters our recording studio or engages our professional services.
2.1 If you have engaged us for our mixing or mastering services:-
2.1.1 we shall carry out these services at your reasonable direction and both you and we shall be jointly responsible for all decisions regarding the content, however in the event that an agreement cannot be reached, your decision shall be final but we shall only be obliged to re-mix or re-master a recording up to five (5) times.
2.1.2 unless otherwise agreed we shall deliver mixes in 44.1kHz 24bit WAV format in the following versions:
(a) Full mix with listening master;
(b) Full mix without listening master;
(c) Instrumental mix without master; and
(d) TV mix without master.
2.1.3 we shall deliver the master(s) in 44.1kHz 24bit WAV format and it shall be technically satisfactory for manufacture, broadcast and sale.
2.1.3 we shall re-record any element of the mix or master that you can demonstrate are technically unsatisfactory, and we shall bear any additional production costs as a result of reasonable technical dissatisfaction.
2.1.4 partial or unfinished mixes will only be released to you in our discretion.
2.2 If you have engaged us as session musicians we shall use all due care and skill whilst carrying out your instructions and use suitable equipment but you shall be responsible for assessing our suitability for your purpose.
3. STUDIO FACILITIES
3.1 Only those directly involved in the recording process are allowed in the recording studio and we reserve the right to require any person to leave the studio at any time. Anyone out-of-house hired or invited into the studio by you or at your direction (including musicians or engineers) shall be referred to as “Personnel”.
3.2. You shall be responsible for:
3.2.1 ensuring the suitability of the recording studio for your purpose;
3.2.2 ensuring that your equipment is compatible with the recording studio facilities;
3.2.3 the technical quality of any recording engineered by Personnel;
3.2.4 any problem, claim, loss or damage caused by you, Personnel, or your or your Personnel’s equipment (including without limitation any virus damage or third party claims for unauthorised samples) of which you shall keep us fully indemnified for any and all costs arising directly or indirectly;
3.2.5 any deficiency in, loss or problem caused to your or your Personnel’s equipment or property (which shall be your sole risk);
3.2.6 the cost of the hire of your equipment or Personnel;
3.2.7 any costs or expenses incurred by us on your behalf;
3.2.8 removing your or your Personnel’s equipment and/or property at the end of the session(s). Failure to do so could result in:-
(a) us charging you reasonable storage fees; and
(b) us destroying or otherwise disposing of your equipment or property (provided that we have given you three (3) months’ notice).
4. HEALTH AND SAFETY
4.1 You acknowledge that the Noise at Work Regulations 1989 have established that prolonged exposure to high noise levels above 85 dB(A) may cause damage to hearing and that both studios and studio users are required by law to keep exposures as low as reasonably practicable) and that accordingly:
4.1.1 you shall be responsible for noise levels within the recording studio;
4.1.2 high noise levels shall not be sustained for long periods;
4.1.3 we reserve the right to take such action as we may deem appropriate to maintain tolerable noise levels irrespective of whether it causes inconvenience or time lost to you;
4.1.4 we shall encourage you and Personnel to use earplugs in the studio, which are available upon request; and
4.1.5 you shall follow the APRS recommendations on sound levels and instruct Personnel to do the same.
4.2 Smoking is not permitted anywhere inside the studio complex, and is only permitted in designated areas.
4.3 We operate a zero tolerance policy on drugs, therefore if you are suspected of or found to be in possession of any class of illegal drugs on the premises, you will be asked to leave and reported to the police, and all future confirmed bookings may be cancelled without notice or refund.
5. STUDIO BREAKDOWN WARRANTY
In the event the recording studio breaks down, becomes unavailable for any reason or our recording studio facilities or our services are technically unsatisfactory and it prevents you from recording as intended, we shall (at our election) either (i) replace the studio facilities to which you were entitled (as soon as can reasonably be arranged and at a mutually agreed time) or (ii) credit or refund you with the Fee on a pro-rata basis. We shall bear no liability or obligation to you beyond these remedies.
6. BREAKAGES, THEFT, LOSS & DAMAGE
6.1 It is your responsibility to ensure property is not left unattended as we shall not be held responsible for any items belonging to you or Personnel that are lost, damaged or stolen whilst on the premises, including property left with us after the session(s).
6.2 Refusal to pay for breakages and damage may lead to exclusion and prosecution, and all future confirmed bookings may be cancelled without notice or refund.
6.3 You and Personnel are permitted to bring food and drink into the studio, however this must not be placed on any of the equipment under any circumstances; any costs arising from damage caused to studio equipment due to spillages and negligence with food and drink will be charged to you.
6.4 Please ensure that the main door and all internal studio doors are kept shut at all times as any costs arising from theft or damage as a result of the door(s) being left open will be charged to you.
7. DATA FILES/BACK UP
7.1 It is your responsibility to bring a compatible backup storage device and blank media to record and backup all session files and associated data.
7.2 We shall not be held liable for any losses caused by lost or corrupted files. It is your responsibility to back up all files and recordings.
7.3 We shall however use reasonable endeavours to protect your data for up to three (3) months by storing and backing-up all valuable data and session files using an internal hard drive, a cloned internal hard drive, external archive drive and secure online back up.
8. USE OF NAME AND IMAGE
You grant us the right to use your name, logo and image on our website (and on our other social media channels) and in our recording studio to publicise the fact that you have used our studio for this limited purpose only unless you expressly instruct us otherwise.
9. FEE & CANCELLATIONS
9.1 The Fee (as prescribed in the Booking From) shall not be reduced on account of failure to use the recording studio for any or all of the session(s). The session(s) are inclusive of break time.
9.2. The Fee is non-refundable. In the event of full or partial cancellation you agree to notify us as soon as reasonably possible. We may in our absolute discretion reschedule any cancelled booking.
9.3 We shall be entitled to withhold our services, facilities and/or any recording material until the Fee or any outstanding payments have cleared, including without limitation additional fees incurred by you for alternative mixes or alterations post-delivery. You shall be liable to pay interest on any outstanding sums due to us at the rate of 8.5% (0.5% base rate plus 8%) as per the Late Payment of Commercial Debts [Interest] Act 1998. Unless otherwise specified all fees are exclusive of VAT.
These terms and conditions can only be varied in writing and shall be governed exclusively by English Law.