1. AGREEMENT OF TERMS – STUDIO USE
These terms and conditions relate to any and all audio services provided to the Client in relation to facilities used and work undertaken by AKA Music Pty Ltd. As such any work that the Client requests or books in relation to the audio services must be in accordance with this agreement or otherwise authorized in writing by the Us.
2. THE STUDIO FACILITIES
We shall ensure that the studio premises and competent freelancer engineers are onsite and able with all due care and diligence using suitable equipment to complete any audio service as per the client’s instructions and produce a final master printed recording of the audio work at the end of the audio service that the client has requested. During the audio service and use of the studio facilities the client agrees the following.
2.1 That the studio will only be used for the agree audio service and as such only permit those people directly engaged in the audio service booked to be present. We reserve the right to request that any persons not associated with the booking leave the studio premises.
2.2 The client also agrees that any equipment or digital media in order to compete the audio service booked that the client brings to the studio is working properly for its purpose and agrees to take full responsible for any damage caused by using the client’s equipment.
2.3 The client agrees to take responsibility for any damage to media devices such as external hard drives, USB drives or others that are brought to the studio premises and cause damage to the studio’s computer equipment.
2.4 The client, client’s staff and personnel, including those persons invited by the client, agree to abide by the Studio’s rules and in relation to basic good health and safety practices in terms of Sound Level, non-smoking, Non-vaping, no-alcohol policy at the studio.
2.5 Illegal substances are strictly prohibited and any use or appearance will report to the competent authorities immediately.
To confirm a booking, it is required to make a deposit of $150 per full day booked or in the case of hourly work or half day then a deposit of $100 will be required. A ‘booking deposit’ will be raised and issued and only once payment is received will bookings be confirmed. Booking deposits are required to be paid within 3 days from receipt of the booking deposit. If no booking deposit is received or notification of payment made then we reserve the right to cancel the booking in the studio diary for other sessions.
A day session is 10 hours unless otherwise indicated or communicated.
If a client during a day booking of 10 hours requires to work more than 10 hours, and in the case that this is possible, then a rate equal to the average daily rate divided by 10 will be charged.
Studio Rate of $550 Inclusive of GST for 10 hours. Hourly rate would be equal to $55 per hour inclusive of GST for each hour after the 10 hours.
At the completion of the recording session a final TAX invoice, including GST, will be issued and any deposit amount already received will be duly deducted from the final tax Invoice amount due. We retain the right to issue the invoice for the full amount (Seven) 7 days prior to the session for payment prior to the session.
In the case that partial or no payment has been received on completion of a studio session, then We retain the right to keep all recorded material (Masters) until such time that full payment has been received.
In the case a client wishes to change the date of a booking, this is possible up to 48 days before the original booking without cost or charge to the client if the new booking data remains equal to that initially booked by the client. In this case, then the dates booked are moved to an alternative date and any deposit or pre-payment will move to the new dates.
If no booking deposit has been received for a session that is subject to a change of date more than 2 days before the booking, then the session can be moved to alternative dates. In this case the full amount for the new session date is payable upfront and in-full when the new date is confirmed with the client.
Clients who have paid a deposit, prepayment or the studio session in full are allowed to make 2 (two) date changes. If the client wishes to make a 3rd (third) date change, and unless otherwise agreed in writing, the deposit, pre-payment or full payment previously received will be forfeit and non-refundable.
In the case of a total cancellation and unless otherwise agreed in writing, deposits and pre-payments for the confirmed recording dates and/or other audio services which is cancelled by the client is non-refundable.
In the event that a client cancels a session or requests to move a booking 48 hours or less prior to the session start time; then we will use our best endeavours to find an alternative paying client to use the studio. If this is successful then any difference in loose of earnings will be charged to the cancelling client if the studio fee is less that the original booked session fee of the cancelling client.
The client will receive upon final payment all final masters and recordings including any other associated materials established as agreed within the scope of work during the session that the client may want or requests.
4. CLIENT’S EQUIPMENT, MATERIALS AND RECORDINGS
The client will be solely responsible for the client’s equipment (software, hardware or musical equipment) whilst the equipment is within the studio premises. If the client’s equipment is damaged or broken as a result of the client’s or client’s staff inappropriate or accidental actions then the client undertakes and agrees to hold Us harmless and any costs associated with the repair or replacement of the damaged or broken equipment is at the sole charge to the client.
The client will also be responsible for the cost of any equipment hired, expenses or associated costs incurred by Us that have been agreed to be repaid and relate to the audio service supplied at the Studio. The client will be responsible for any actions of the client’s personnel, staff or other authorized persons the client has requested or allowed to enter the premises.
We retain the right to remove, delete or destroy materials after 1 month. It is the responsibility of the client or independent Freelancer Engineer being paid to offer an audio service at A Sharp Recording Studios or Kiln studios to store, back-up and protect all audio (or video) files that result from hire of our facilities. If a client requests that we provide a copy of the recording or mixing Pro Tools session folder then we will do so. However, all plug-ins, settings, re-printed source material and any other material which is considered the intellectual property of the freelance engineer will not be provided unless otherwise agreed between the Independent Freelancer Engineer with the client and in the case that the Freelancer Engineer does not agree then We are only able to provide the actual physical stems recorded or provided by the client at the time of mixing or other audio service.
A Sharp Recording Studios and Kiln Studios may also offer remote access storage to Client’s material using cloud storage facilities such as Dropbox. If the client and Us agree to use such a service then the client agrees that AKA Music Pty Ltd, it’s directors, management, staff or agents cannot be held responsible for loss or damage, either in part or in full from faulty or issues relating to third party providers services and equipment and as such you indemnify us from all action against us for the loss of such materials.
The client is responsible and will ensure that all of the client’s equipment, materials as well as any confidential information will be removed from the studio premises at the end of the booking. AKA Music is entitled to remove or dispose anything that is left after a booking at the studio premises.
If the client finds that a recording stem, stems, complete recording or final complete session material contains any defect or is damaged and that defect of damage is found to be the sole responsibility of A Sharp or Kiln Studios that is as a result of faulty equipment then the Client must inform Us in writing within 7 days so that we are able to take reasonable endeavours to rectify and replace the material damaged, be that in part or full. If, we are unable to replace or rectify the recordings then our liability is limited to that part of the cost associated to the damaged recording and as such the cost to repair, replace or general make good that stem, stems, complete recording or final complete session folder in part or full. We, and solely we, reserve the right to decide the best way to resolve the situation fairly in the interests of both parties. This does not affect your statutory rights if you are a consumer.
5. SOUND LEVELS
The National Code of Practice for Noise Management and Protection of Hearing at Work, provides practical guidance and states that workplace levels lower than 85dB are desirable if practical. The National Standard for exposure to high noise is an eight-hour equivalent to continuous A-weighted sound pressure level, LAeq,8h at 85dB (A). As such the client shall be responsible for sound pressure levels in the studio and shall not in the case of high noise sustain those levels for long periods. We reserve the right to take any action required to maintain tolerable noise levels and the client agrees that no claim shall be made if such action to control sound pressure levels is required to be taken by the Us.
The client undertakes to indemnify Us against injury, lose, damage reasonable costs or expenses resulting from the clients, client’s management, staff or agents making use or exploiting commercially of otherwise the recordings made at A Sharp Recording Studios or Kiln Studios. The client also undertakes to indemnify Us against injury, lose, damage, reasonable costs or expenses resulting from the client’s or client’s management, staff or agent’s breach of any of the undertakings or parts to be observed within this agreement. Likewise, the client also indemnifies us against loss, damage or injury. The client also undertakes to indemnify Us against injury, lose, damage, reasonable costs or expenses resulting in any loss or damage caused to Us by clients use of clients personal or client own part recordings used at or recorded at A Sharp Recording Studio or Kiln Studios. The client warrants that nothing recorded shall be in breach or infringement of any copyright or shall be in any way illegal, scandalous or obscene. The client agrees to indemnify Us against liability in respect therefore and shall pay all costs and associated expenses including lawyers’ fees that may be incurred by Us in relation to any claim made.
7. ENGINEER CREDIT AND USE OF MATERIAL
The Client may include a credit for any audio service conducted by freelance engineers which is distributed to the public. As such we give the client authorization to state the following.
Recorded (or /Mixed/Mastered) at (A Sharp Recording Studios or Kiln Studios) by (Name of Producer/Engineer).
You grant the right to Us, for the sole and unique purpose of demonstration and promoting the work completed at the studio, the use of mixes, artwork, images, likeness and marks on a non-exclusively basis, in perpetuity and throughout the world. Any audio services that take place at A Sharp Recording Studio or Kiln Studios does not imply an endorsement between Us and the client as We retain the right to request that any activity which implies and endorsement ceases. The Logo of A Sharp Recording Studio and Kiln Studios is the property of AKA Music Pty Ltd and as such shall not be used by the client unless authorized to do so in writing.
9. STUDIO BREAKDOWN
If the studio, due to technical issues is unable to provide the audio service as booked, We, retain the right to offer an alternative date as soon as possible which is viable for all parties. Alternatively, if a booking deposit has been taken this will be refunded. The client shall have no liability beyond these options. Further, if a session is delayed due to technical issues during a session that makes it impossible to continue the session until the technical issue is resolved, then time equal to that time required to fix said technical issue will be added to the session without further cost to the client.
10. LIMITATION OF OUR LIABILITY
As per the full extent allowable by law, AKA Music Pty Ltd, its directors, officers, agents and engineers providing the services to you or associates are not responsible or liable for any direct, indirect or consequential damages arising out the use of the Studio.
It is the responsibility of the client to verify all audio material at the end of the session so as to ensure that all such material, including but not limited to audio stems, mixes, session folders and other audio material recorded is of the required standard. Following the recording session, the client has a period of 7 days from the last date of the recording session with Us to bring to our attention any defects in the recording so that we may decide what appropriate action if any may be taken. Our decision and solely our decision is final.
Notwithstanding the provisions within this Terms of Studio Use, you agree that the maximum aggregate liability of AKA Music Pty Ltd to you arising from any claims that you may have in relation to the services as set out will be limited to the amount equal to the amount paid by you for the service that the claim arises from. This does not affect your statutory rights if you are a consumer.
The governing law of this agreement and claims made be they direct or indirect arising out of this agreement shall be in accordance with the laws of the State of New South Wales, Australia.
Each provision of this Agreement is hereby declared to be separate, severable and distinct.This Agreement constitutes the entire agreement between Us and you, and any previous agreements, be they oral or written are expressly cancelled. This agreement does not constitute a joint venture, partnership or agency relationship, and no intention to create any such relationship through this agreement exists. We will not be held responsible for any delay or failure to provide our obligations under the terms and conditions as set out due to force majeure and therefore beyond our reasonable control.