Definitions
“Agreement” means the agreement comprised in these Terms and Conditions.
“Booking” means the hire of the Studio and / or engineer for the Period of Booking.
“Client” means the person or company who makes the Booking.
“Client’s Equipment” means equipment brought onto the Company’s premises by the Client, or the Guests or any agent or contractor for and on behalf of the Client.
“Company” means Audio Always Limited.
“Conditions” means these conditions.
“Fee” means the cost to the Client for Booking and using the Studio during the period of Booking.
“Force Majeure” means an Act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
“Guests” means persons invited by the Client to enter the Studio during the Booking.
“Operators” means the staff, freelancers or official representatives of the Company.
“Period of Booking” means the period of time which the Client booked into the Studio.
“Recording” means any single or multitrack audio and / or visual file recorded in the Studio during the Booking.
“Studio” means the recording studio, the premises and it’s equipment.
“Studio Breakdown” means a failure or breakdown or unavailability for any reason of the Studio which prevents the Client’s use thereof in accordance with the terms hereof.
1 Booking Agreement
1.1 The Booking and the Fee will be confirmed to the Client in an email from the Company.
1.2 The full Period of Booking is chargeable, even if it is not used.
1.3 Bookings that overrun beyond the Period of Booking will be charged at the Company’s standard ratecard Fee.
2 Assets and Specifications
2.1 The Client is required to provide the Company with assets and audio specifications at least 24 hours before the booking.
3 Studio
3.1 The Client acknowledges that it shall be responsible for ensuring the suitability of the Studio for the Client’s purpose.
3.2 The Company shall make the Studio and the Operators available to the Client for the Period of Booking and shall produce the Recording at the direction of the Client and / or the Guests.
3.3 The Client hereby acknowledges that the Noise at Work Regulations 1989 have established that prolonged exposure to high noise levels above 85 dB may cause damage to hearing and Operators are required by law to keep exposures as low as reasonably practicable.
3.4 In the event of Studio Breakdown the Company shall credit / refund to the Client the Fee and shall have no liability or obligation to the Client beyond this remedy.
4 Guests
4.1 The Client shall only permit people directly involved in the Recording to enter the Studio during the Booking Period. The Company reserves the right to ask Guests to leave the Studio.
4.2 The Client agrees that it is responsible for the actions of the Guests on the Company’s premises.
4.3 The Client and Guests shall vacate the Studio at the end of the Period of Booking.
5 Recording
5.1 The Client warrants that nothing shall be included in the Recording which constitutes a breach or infringement of any copyright or which shall be in any way illegal, scandalous or libellous. The Client will indemnify the Company against any liability in respect thereof and shall pay all costs and expenses which may be incurred by the Company in reference to any such claim. The indemnity shall extend to any amount paid on a lawyer’s advice in respect of any such claim,
5.2 The Company shall not be required to record or reproduce anything which in its opinion is or may be of an illegal or libellous nature.
5.3 The Company securely backup all Recordings for a period of six months and this is included as part of the Fee.
6 Cancelation
6.1 Bookings cancelled within 48 hours of the Period of Booking will be charged at 50% of the fee.
7 Company Liability
7.1 Notwithstanding any other provision contained within this Agreement the Company shall not be liable to the Client or the Guests for any;
7.1.1 indirect or consequential loss or damage.
7.1.2 economic loss including without limitation any loss of profits or goodwill or anticipated savings arising from Studio Breakdown or any act or omission of the Company or Operators in respect of this Agreement.
7.2 The Company’s liability under this Agreement shall be to the exclusion of all other liability to the Client whether contractual, tortious or otherwise.
7.3 The Client accepts as reasonable that the Company’s total liability in respect of the Booking and / or the Recording shall be as set out in this Agreement.
7.4 Where the booking is made by a consumer as defined in the Sale Of Goods Act 1979, the Supply Of Goods And Services Act 1982, the Sale And Supply Of Goods Act 1994 or the Fair Trading Act 1973, the statutory rights of the client are not affected by these conditions.
7.5 Notwithstanding any other term of this Agreement, the Company shall not be under any liability for any failure to perform any of its obligations under this Agreement due to Force Majeure.
8 Indemnity
8.1 The Client hereby covenants and undertakes to the Company that it shall indemnify the Company against any injury, loss, damage, costs and / or expenses suffered by the Company arising from;
8.1.1 the Client’s cancellation of the Booking, including without limitation any reasonable costs or expenses incurred by the Company in connection with the Booking.
8.1.2 the Client’s making, use or exploitation of the Recording.
8.1.3 the Client’s breach of any of the warranties undertakings or agreements on its part to be observed or performed by the terms of this Agreement.
9 Miscellaneous
9.1 These Terms and Conditions apply to all booking and work done by the Company for the Client, and shall prevail over any Client Terms and Conditions.
9.2 The Client shall procure that neither the Client nor any of the Guests shall be held out as an agent of or pledge the credit of the Company.
9.3 In the event that any part of this Agreement shall be held to be void, voidable or otherwise unenforceable by a court of competent jurisdiction then the balance thereof shall remain in full force and effect.
