Studio Terms and Conditions

1. AGREEMENT These Terms and Conditions alone are to apply to all facilities hired and work

done by the Company for the Client and shall prevail over any terms and conditions put forward

by the Client.

2. STUDIO FACILITIES 2.1 The Company shall make the Studio and the Operators available to

the Client for the Period of Booking and shall produce the Master Recording at the direction of

the Client or the Representatives. The Client shall only permit people directly involved in the

Recordings to enter the Studio and only during the Booking Period. The Company reserves the

right to require any person not so involved to leave the Studio. 2.2 The Client hereby

acknowledges that it shall be responsible for: 2.2.1 ensuring the suitability of the Studio for the

Client's purpose 2.2.2 ensuring that the Client's Equipment shall be compatible with the Studio

2.2.3 the technical quality of any recording engineered by personnel provided by the Client 2.2.4

any problems or damage caused by use of Clients Own Part Recorded Media (including any

virus damage) and that accordingly the Company gives no warranty as to the foregoing

3. THE FEES 3.1 The Client shall pay the Fees in cleared funds to such bank account as the

Company may nominate in writing. All Fees shall be paid in full without any set-off,

counterclaim, deduction or withholding.

3.2 The Company may raise invoices in respect of the Fees at any time.

3.3 Unless the Company agrees otherwise in advance and in writing, all invoices raised by the

Company prior to the commencement of the Period of Booking shall be payable by the Client as

follows: 50% of all Fees set out in such invoices shall be payable immediately; and the

remaining balance of such Fees shall be payable no later than 24 hours prior to the

commencement of the Period of Booking.

3.4 All invoices raised by the Company on or after the commencement of the Period of Booking

shall be payable by the Client immediately.

3.5 The Client shall be liable to pay interest on any sums overdue and payable to the Company

from time to time at the rate of four per cent (4%) per annum above the Company’s bank’s base

rate.

3.6 The Fees shall not be reduced as a result of: the Client’s failure to use the Studio for any or

all of the Period of the Booking; the Client’s cancellation of the Booking or any part thereof; or

the Company’s termination of any or all of its obligations under the Agreement pursuant to

paragraph 8.3 below.

3.7 Notwithstanding any other provision of the Agreement, if the Client fails to pay any Fees (or

part thereof) when due the Company may terminate the Booking immediately without notice and

without any obligation to refund any Fees already paid by the Client.

3.8 No part of the Master Recording will be released to the Client, and the Company may

suspend all or part of the services to be provided by it under the Agreement, until all outstanding

Fees have been received by the Company.

4. THE CLIENT'S OWN MEDIA, PERSONNEL AND EQUIPMENT 4.1 The Company will

supply all blank media for recording. 4.2 The Client will be responsible for the integrity of the

Client's Own Part Recorded Media and the Company shall not be liable for any deficiency in or

caused by such Media. 4.3 The Client hereby warrants, undertakes and agrees that it shall

procure that each of the Client's Personnel shall abide by the Studio's rules, regulations and

health and safety policy and that it shall be responsible: 4.3.1 for the actions of the Client's

Personnel upon the Company's premises 4.3.2 for any and all injury, loss or damage to any

person's equipment or premises caused by any act or omission of the Client's Personnel, or as

a result of any defect in or inappropriate specification of the Client's Equipment or the Client's

Own Media 4.3.3 for the cost of the hire of any Client's Equipment 4.3.4 for any costs and

expenses incurred by the Company on behalf of the Client at the Client's request 4.3.5 for any

and all loss or damage to the Client's Equipment which shall be at the sole risk of the Client 4.4

The Client shall vacate the Studio and remove all Clients’ Equipment forthwith at the end of the

Period of Booking. The Company shall be entitled by 4 (four) weeks' notice to the Client to

require the Client to collect the Client's Equipment and should the Client’s equipment not be

collected within this 4 week period, the Company shall be entitled to destroy, or otherwise

dispose of the Client's Equipment as the Company sees fit, without further notice or warning.

5. SOUND LEVELS The Client hereby acknowledges 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:- 5.1 the Client shall be

responsible for noise levels within the Studio 5.2 high noise levels shall not be sustained for

long periods 5.3 the Company hereby reserves the right to take such action as it may deem

appropriate to maintain tolerable noise levels and that no claim shall lie against the Company in

respect of inconvenience or time lost in the event of such action 5.4 the Client shall follow the

recommendations contained in the APRS leaflet "KEEP SOUND LEVELS DOWN" and instruct

the Client's Personnel to do the same.

6. RECORDINGS AND MATERIALS 6.1 The Client shall procure the collection of the

Recordings and any ancillary materials ("the Materials") immediately upon payment in full of the

Company's invoice applicable thereto ("the Collection Date") 6.2 After the Collection Date: 6.2.1

notwithstanding any other provision contained within the Conditions the Materials shall be held

by the Company solely at the risk of the Client 6.2.2 the Client shall be liable to the Company for

such reasonable charges as the Company may raise against the Client for the continued

storage of the Materials 6.2.3 should the Client not collect the Materials within 30 days after

payment of the invoice, the Company shall be entitled to destroy, sell or otherwise dispose of

the Materials 6.3 Notwithstanding the foregoing until such time as the Company shall be in

receipt of cleared payment of all the Fees: the Company shall be entitled to retain possession of

all of the Materials 6.4 Notwithstanding any other provision contained within the Conditions the

Client hereby acknowledges and agrees that all risk in the Materials when in transit or otherwise

off the Company's premises shall vest in the Client 6.5 The Company retains a general lien on

any property of the Client Master Recordings and or Materials in its possession for any unpaid

balance the Client may owe to the Company. 6.5.1 As long as there remains an unpaid Balance

owed to the Company by the Client, the Client is not entitled to sell, manufacture, license or

distribute the Master Recordings until payment has been made in full to the Company.

7. INDEMNITY 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: 7.1 the Client's cancellation of the Booking including without limitation

any reasonable costs or expenses incurred by the Company in connection with the Booking 7.2

the Client's making, use or exploitation of the Recordings 7.3 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 7.4 any loss or damage caused to the Company by Clients use of Clients

Personal or Clients Own Part Recorded Material.

8. CONTENT OF RECORDING 8.1 The Client warrants that nothing whatever shall be included

in the Recording (or any software introduced by the`Client) which constitutes a breach or

infringement of any copyright or which shall be in any way illegal, scandalous, obscene or

libellous and 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 8.2 The Company shall not be required to reproduce any matter which in its

opinion is or may be of an illegal, scandalous, obscene or libellous nature.

9. STUDIO BREAKDOWN WARRANTY In the event of Studio Breakdown the Company 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 or credit or refund to the Client the Booking Fee in respect of the Booking and shall

have no liability or obligation to the Client beyond these remedies.

10. MASTER RECORDING AND POST PRODUCTION WORK WARRANTY 10.1 The Client

shall promptly notify the Company in writing of any defect in or loss of or damage to the Master

Recording of which it is made aware. 10.2 The Company shall use its reasonable endeavours to

correct any such defect and to effect replacement of such lost or damaged materials so notified

to it or of which it is aware and which are attributable to faulty materials or workmanship or the

negligence of the Company 10.3 In the event that the Company is unable reasonably to effect

such rectification or replacement its liability in respect of any Master Recording shall be limited

to the Maximum Liability 10.4 The Company is not obligated to and generally does not keep

hard or soft back-up copies of the Master Recordings, session files or any other data or audio

recording related to the Master Recording after the Booking Period. It is the sole responsibility of

the client to: 10.4.1 supply appropriate recordable media to the Company for the purpose of

creating a back-up 10.4.2 store any session files or audio related to the Master Recording after

the Booking Period.

11. CLIENT'S RECORDINGS It is a condition of this Agreement that all Client's Recordings

shall have been copied by the Client before delivery to the Company, and that the Company's

liability for loss of or damage to a Client's Recording shall be limited to the value of the media on

which it is recorded.

12. COMPANY'S OVERALL LIABILITY 12.1 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 12.2 Notwithstanding any other provision contained within this

Agreement the Company shall not be liable to the Client or the Client's Personnel for any: 12.2.1

indirect or consequential loss or damage 12.2.2 economic loss including without limitation any

loss of profits or goodwill or anticipated savings arising from any fault in the Studio or any act or

omission of the Company its servants or agents in respect of this Agreement 12.3 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 statute,

at common law or otherwise howsoever, are hereby excluded. 12.4 The Client accepts as

reasonable that the Company's total liability in respect of the Booking and/or the Post

Production Work shall be as set out in this 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.

12.5 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 CLIENT ARE NOT AFFECTED BY THESE CONDITIONS.

13. FORCE MAJEURE 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. 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, 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 machinery

14. MISCELLANEOUS 14.1 The Client shall procure that neither the Client nor any of the

Client's Personnel shall be held out as an agent of or pledge the credit of the Company 14.2

This Agreement constitutes the entire agreement between the parties and neither party shall be

bound by any other statement or representation made to the other 14.3 No variation or

amendment to this Agreement shall be effective unless made in writing and signed by the

parties hereto. 14.4 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 14.5 All notices required to be given hereunder shall

be in writing and deemed properly served if delivered by hand or sent by fax (PROVIDED that

proof of transmission can be produced) to the address or fax number respectively of the

applicable party specified on the Booking Form on the date of delivery or transmission or if sent

by recorded delivery post to such address within two (2) working days of posting. 14.6 This

agreement shall be construed in accordance with the laws of England and Wales and subject to

the exclusive jurisdiction of the English Courts

By making a booking in person, via the Internet or by telephone, the Client agrees to and

is bound by the terms & conditions of this agreement.