Terms and Conditions of Shockwave Studios 

Interpretation

In these conditions:

“Agreement” means the agreement comprised in the booking form and these conditions 

“Booking” means the hire or rental of the studio for the period of the booking and subject to the other terms and conditions in the booking form 

“Booking Fee” means the fee payable by the client to the company for the booking as specified in the booking form or if not specified then calculated in the invoice.

“Booking Form” means the booking form overleaf or any other written quotation given by the company and acceptance by the client or any written order of the client accepted in writing by the company.

“Client” means the person so described in the booking form 

“Client’s Equipment” means equipment brought onto the company’s premises by the client, or the client’s personnel or any servant, agent or contractor for and on behalf of the client

“Client’s Own Media” means the client’s own recording media including without limitation multi-track recording tape

“Client’s Recordings” means a recording made before this agreement which is delivered to the company by the client in connection with the agreement 

“Company” means the (Recording Studio trading as Shockwave Studios Limited)

“Conditions” means these conditions

“Fees” means the booking fee and the post production work fee and other services

“Master Recording” means the original recording produced for the client in the course of the booking on the media and in the format described in the booking from 

“Maximum Liability” means the maximum liability on the part of the company to the client arising under or in connection wither this agreement being the sum described as such in the booking form 

“Operators” means the staff of the company named as such in the booking form

“Period of Booking” means the period described as such in the booking form 

“Post Production Work” means the processing by the company of recordings in accordance with the description in the booking form 

“Post Production Work Fee” means the fee payable by the client to the company for the post production work as specified in the booking form or if not specified then calculated in accordance with the company’s published or usual scale of charges

“Pre-Production Master” means a recording in form intended for mass production without further material change 

“Recording” means any single or multi-track audio/or visual recording or data programming or derivative thereof or any one or more pieces of recorded sound or visual image recorded or used during the booking or which is the subject of post-production work including master recording and pre-production master or any client’s recording 

“Studio” means the recording studio and the equipment specified in the booking form 

“Studio Breakdown” means 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. Agreement

1.1 These terms and conditions apply to all facilities hired, products and services of the business and work done by the Company on behalf of the client and shall overrule any terms and conditions brought forward by the client.

2. Shockwave Studio’s Facility

2.1 The company will hire out the studio to clients for the purpose of producing their recording projects within the acquired booking time. The client or the representative will be able to record and produce the master recording with or without the assistance of Shockwave Studio’s assigned producer or any of our engineers. The client will only bring people into the studio that are involved in the studio production and anybody who is not may be asked to leave, this is to ensure that the recording sessions are uninterrupted and studio production time is spent responsibly. 

2.2 It is the responsibility of the client to make sure that the studio is appropriate for the client or their representative’s use and it is also the client’s responsibility to ensure that any equipment that they choose to bring into the studio is compatible with the recording studios systems and any other technology, are in proper working order and that they can be used safely without harming any individual or damaging Shockwave Studios equipment.

2.3 The client will also be responsible for the technical quality of the recordings which have been recorded by engineers which the client has approved.

2.4 The company will not be held responsible for any problems or damages that have been caused by use of the client (including computer viruses) and in conjunction gives no warranty to the preceding studio session/s.

3. Fee 

3.1 The client shall, upon receipt of invoice pay a 50% booking fee (except in the case of rehearsal bookings which shall either be paid in advance or on the day of your rehearsal before your rehearsal session commences) and any other amounts payable by the terms of this agreement shall be paid no later than within 30 days of the booked period.

3.2 The remaining 50% balance will be paid by the final booking day and all funds will be cleared before the start of the studio session.

3.3 The client will be liable to pay interest on any overdue fees to be made payable to the company as scheduled payments at the rate of five per cent (0.75%) per annum above Santander Plc. base rate.

3.4 Studio fees will not be reduced on the account of:

       3.4.1The client’s failure to use the studio for reason’s which are not at fault of the company or of any or all period of the booking.

       3.4.2 The client’s cancellation of the booking which were not kept within the required  cancellation period

 3.4.3 Post production fees would need to be paid in advance before any work will commence  on the mixing and mastering of the track or tracks.

  3.5 The master recording, nor the master copy recording or any part thereof will be released to the client, until all outstanding payments have been paid in full, regardless of the outstanding balance unless otherwise agree upon by the company.

4. Studio Bookings

4.1 Studio bookings must be made in advance and within a period of 30 days of 1 (one) calendar month and no less than two (2) working days (with exception to rehearsal bookings) and all payments made in full before the start of the booked period. 

4.2 If you want to cancel a booked session then you should do so but no later than 24 hours before the commencement of your studio session, you can cancel by contacting us by phone or writing to the company stating your reason for cancelling your studio session, please note that by writing to us you must give adequate time for us to receive your letter of cancellation which should be no less than the 24 hours cancellation period, Shockwave Studios must be contacted in advance notifying us of any such cancellations or any part thereof.

4.3 If you cancel your studios session outside of the cancellation (24 hours) period then we will not be able to refund you for studio time lost, however you will still be charged for the full studio session and will also be charged a cancellation fee of £15.00, should you not show up in time on the day of your booked studio session, or if you turn up any other day after the studio session, the studio session will be treated as void and dealt with in the same way as you cancelling the studio session late. 

4.4 The session will start at the agreed scheduled time and any time that is lost due to the client late arrival will be held at the client’s fault and the studio will not be obliged to satisfy any such lost time in anyway which so ever.

4.5 When booking the studio production team to develop new music, a deposit of 50% of the total cost will need to paid before any work will commence. 

4.6 Any production of £500 pounds and over a 75% deposit will need to paid in advance before any work will commence

4.7 All budget productions including, recording, editing, mixing and mastering that are agreed with the production team and the client will need to be paid in full

5. Remote Location Recording 

5.1 We use a selection of commercially responsible music premises from time to time for the purpose of providing services to clients that help us to meet our client’s specific and specialised needs. In such circumstances should a client require any of these additional services that require us to provide services taking place at another location (off site of our own registered premises) e.g. rehearsal sessions, remote location recording session or any other services provided in this way, in doing so the client will be bound by the same conditions set out in Shockwave Studios Ltd terms and conditions, and any additional agreements, terms and conditions and rules and regulations provided by any third party organisation assisting us in proving such services to you or any of your representatives, and any person which you bring with you to your studios session.

6. Studio Breakdown Warranty

6.1 In the event of a studio breakdown the business shall at its option either replace (as soon as can reasonably be arranged) the studio facilities to which the client was entitled by the terms hereof and which have been lost as a result of such studio breakdown, if we cannot then we will re-credit or refund to the client the booking fee in respect of the booking.

7. Refund Policy 

7.1 The company has a refund policy where if at fault, We, (The Company) will be happy to refund any part or all of the sums which the studio has charged to the customer, our clients or their representatives, however we retain the right to reschedule the client’s bookings where appropriate as long as this is deemed acceptable, you agree and or is within reason for us to do so. 

8. Rules of Conduct

8.1 The client agrees that all personnel which the client undertakes, manages or otherwise are involved in any part of the production or team’s activities and included in the studio production processes will agree to abide by the studio’s rules, regulations and the health and safety policy and that in so doing so they shall be responsible for:

8.2 The actions of the client’s personnel while on the company’s premises 

8.3 Any and all injury’s, loss or damages to any person’s equipment or to the premises which are cause by any act or omission of the client’s personnel, or as the result of any defect in the misuse of the client’s equipment or the client’s own media

8.4 For any and all loss or damages to the client’s equipment which will be held at the sole risk of the client.

8.5 Shockwave Studios will endeavour to secure any property other than recording media that you leave on the premises, however, at the end of the booking period the client will be responsible for removing all of the client’s equipment. If the client has not removed the equipment the company will contact the client to remove the equipment and in doing so shall be entitled to retain, remove, destroy or otherwise dispose of the equipment from the premise after a period of 4 (four) weeks if the client has not yet removed the equipment, without giving any further notice to the client.

8.6 No smoking is allowed within these premises, if you want to smoke you may go outside of the premise at the main security gate. 

8.7 No illegal substances are allowed on the property, any behaviour deemed inappropriate by Shockwave Studio’s staff of artists while under the influence of any substance will result in immediate termination of this agreement. No drinks are allowed at the control room area (workstation) or any other equipment. 

9.  Sound Levels

9.1 The client hereby acknowledges that the Noise at Work Regulations act have established that the prolonged exposure to high noise levels above 85 dB(A) may cause damage to hearing and that both the studio and studio users are required by law to keep exposure as low as reasonably practicable) and that accordingly 

9.2 The client will be responsible for noise levels within the studio

9.3 High noise levels will not be sustained for long periods of time

9.4 The company reserves the right to take actions as it deems appropriate to maintain tolerable sound levels and that no claim shall be held against the company in respect of inconvenience or time lost in the event of such actions

9.5 The client shall follow the recommendations contained in the APRS (Association of Professional Recording Society) leaflet “KEEP SOUND LEVELS DOWN” and instruct the client’s personnel to do the same.

10. Studio Prices 

10.1 The studio’s prices will include studio recording sessions, editing, mixing, mastering and finishing, as well as instrument lessons, vocal training, rehearsals and remote location productions, each of these sessions are divided into individual lessons and may incur separate charges but will also be available as a package bundle if the client should choose to book a full or half day studio session or any other type of session respectively.

10.2 There is an additional fee payable should you require one of our engineers to produce your audio tracks, these fees will be based per studio session.

10.3 Full day – music studio sessions will be 8 to 10 hours and charged at the full studio rate which will be agreed upon at the time of the booking.

10.4 Half day- music studio sessions which have been booked in advance and will be for a period of 5 hours.

10.5 2 (Two) hour sessions will be the minimum booking time for a studio session and will be charged at an hourly rate.

   10.6 Note: The 1st (first) copy of a track or audio album will be free and any additional copies will be subject to additional charges.

   10.7 The studios activities included in these terms and conditions and their prices are inclusive of the prices listed and will include VAT. 

11. Release of Recording Media

 11.1 Shockwave Studios shall not release any recording media to you, nor any other type of production services material including edits/ music scores, mixes or audio masters until all monies due to Shockwave Studios have been paid in full.       

12. Receipt of Recording Media

 12.1At the end of your project, upon full payment of all amounts due, Shockwave Studios shall provide you with two copies of your final mixes in CD-R Format. Shockwave Studios will also, upon request, provide you with a data CD or DVD containing computer data files related to your project. 

13. Data Protection

    13.1 In regards to the data protection act 1998 Shockwave Studios Ltd use of personal information will be restricted and any personal information which the company stores will abide by the principles which govern the use of any such data, in compliance with UK legislation.

14. Privacy Policy

14.1 We respect your privacy and our policy states that if you would prefer not to receive marketing from us or if you are currently receiving marketing but no longer wish to receive marketing-related emails from us and you would prefer us not to share personal data about you any longer with other businesses or individuals then please contact us at privacy@shockwavestudios.co.uk, we will withdraw your information and send you an email confirming that your request to opt-out has been acknowledged and that your information has been removed from our systems. 

15. Copyright, Recording Rights & Ownerships

15.1The company will not be required to reproduce any material which in its opinion is or may   be of an illegal, obscene or any other such material which may be deemed unfit to produce or reproduce. 

15.2 The client will be solely responsible for any materials which they or their personnel use while using the studio or studio’s equipment and the studio will not be held responsible for all or any such misuse of materials which include music sound tracks by original artist, unauthorised use of audio tracks and or any other materials published by major, medium, or independent record labels or any other such organisations which hold the rights to copyrights or copy written materials.

15.3 Infringement of copyrights is illegal and anyone caught using any such materials will be removed from the studio and may be held liable to prosecution and subject to penalties.

   15.4 The company retains the rights including any ownership to any material which are produced in the studio’s premises and maintain the right to hold such materials until full payment has been received. The client/s is not permitted to release any such materials for reproductions or under any other circumstances until payment has been made in full and in doing so will be found in breach of contract and may be prosecuted.

16. Company’s Overall Liability

    16.1 In the event that the client shall actually suffer any loss or damage arising directly from the negligence or breach of contract or of statutory duty of the company then other than in cases of death or personal injury the company’s liability therefore shall be limited in any event to the maximum liability in respect of the aggregate of all instances of such negligence and/or breach arising out of the company’s performance of its obligations under this agreement.

16.2Notwithstanding any other provisions contained within the agreement the company shall not be liable to the client or the client’s personnel for any:

• Indirect or consequential loss or damage

• Economic loss including without limitation any loss of profits or goodwill or anticipated savings arising from any fault in the studio or any omission of the company its servants or agents in respect of this agreement.

16.3 The company’s liability under this agreement shall be to the exclusion of all other liability to the client whether contractual, tortious or otherwise. All other conditions, warranties, stipulations or other statements whatsoever concerning the agreement, whether express or implied, by statue, at common law or otherwise howsoever, are hereby excluded.

16.4 The client accepts as reasonable that the company’s total liability in respect or the booking and/or the post production work shall be as set out in the agreement in fixing those limits the client and the company have had regard to the price and nature of the booking and the recording work and the terms hereof, and the level of expenses expected to be incurred by the client in respect thereof and the resources available to each party including insurance cover, to meet any liability.

16.5 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 CLIENTS ARE NOT AFFECTED BY THESE CONDITIONS.

17. Indemnity

    17.1 The client hereby covenants and undertakes to the business that it shall indemnify the business against any injury, loss, damage costs and/or expenses suffered by the business arising from:

• The client's cancellation of the booking including without limitation any reasonable costs or expenses incurred by the business in connection with the booking.

• The client's making, use or exploitation of the recordings.

• 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.

• any loss or damage caused to the company by clients, use of clients personal or clients own part recorded material

18. Force Majeure

    18.1Notwithstanding 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. Following notification by the company to the client of such cause, the company shall be allowed a reasonable extension of time for the performance of its obligations. For the purpose of this condition, 'Force Majeure' means: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, terrorism, 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; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the company or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in equipment.

19. Complaints

19.1 Should the client have any questions or cause to make a complaint about the service or sessions run by Shockwave Studios Ltd then please do not hesitate to contact us. All complaints should be put in writing to a director, and will be acknowledged by Shockwave Studios Ltd within 21 days and a detailed reply will be issued to the client within a further 21 days thereafter. In cases of any complaints, all relevant work together with the invoice and original materials should be returned to Shockwave Studios Ltd.

20. Modifications of Terms & Conditions

 20.1The Company reserve the right to make alterations to these terms and conditions from time  to time to indicate any changes in the company’s policies and procedures without having to give notices to the end user.

 20.2The changes to these terms and conditions will not affect client’s rights, where the contracts have been made prior to any changes or updates to terms of these contracts.