POLICY AGREEMENT
By booking
a session, signing a proposal, and/or entering Songsbury Studios’ premises, you
agree to the terms set forth herein.
1. Booking, Hours, and Check-In
•
Sessions are confirmed only
after Songsbury Studios accepts the booking in writing (email or text) and any
required deposit is received.
•
Standard operating hours
are every day, 10:00 a.m.–10:00 p.m. After-hours sessions require prior written
approval and may incur an after-hours surcharge of $30 /Hour. Working overtime
is at the discretion of the Engineer.
•
Client and all guests must
check in with Songsbury Studios’ staff at the scheduled start time. Early
access is not guaranteed.
•
Session time begins at the
booked start time, not when Client arrives. Late arrival does not extend the
booked block unless Songsbury Studios, in its sole discretion, can accommodate
an extension at then-current rates.
•
Load-in, setup, soundcheck,
file transfer, and breakdown count as billed session time unless a separate
load-in window is booked.
•
Songsbury Studios reserves
the absolute right to deny entry, refuse service or decline a session at any
time for any reason as the sole discretion of Management.
2. Rates, Deposit, and Payment
FOR PROJECT BOOKINGS
•
Deposit (as agreed upon in
your proposal) is due at signing
•
The pay schedule in your
proposal determines when subsequent payments are to be made
FOR HOURLY/DAY
BOOKINGS
•
A non-refundable deposit of
50% is due at booking to reserve the date and time unless otherwise specified
in writing.
•
The balance is due at the
end of each session.
FOR ALL BOOKINGS
•
Accepted payment methods: Cash,
E-Transfer, Debit Card, and Credit Card (Visa, MasterCard, American Express,
Discover).
•
Unpaid balances more than 30
days past due accrue interest at 2% per month or the maximum allowed by law,
whichever is less, plus reasonable collection costs.
•
Songsbury Studios may pause
future sessions/bookings or withhold files until all outstanding balances are
paid in full.
•
All deposits and subsequent
payments are non-refundable.
•
Songsbury Studios owns all
master recordings until outstanding balances are paid in full.
3. Cancellation, Rescheduling, and No-Shows
|
Notice Given |
Fee / Treatment of Deposit |
|
More than 48
hours before start |
Deposit may
be applied to a session rescheduled within 30 days. One complimentary
reschedule per booking. |
|
24–48
hours before start |
Deposit is
forfeited. Remaining prepaid time may be credited at Songsbury Studios’
discretion. |
|
Less than
24 hours, no-show, or walk-out |
100% of the
booked block is due. Deposit is applied to that balance. |
|
Illness |
Deposit may
be applied to a session rescheduled within 30 days. One complimentary
reschedule per booking. |
|
Studio
cancellation |
Full refund
of amounts paid for the cancelled block, or reschedule at Client’s option. Songsbury
Studios is not liable for consequential costs (travel, musicians, etc.). |
Weather,
band-member absence, or incomplete preparation do not excuse short-notice
cancellation. Force majeure events are addressed in Section 16.
4. House Rules and Conduct
The Studio is a working production environment. Client is
responsible for the conduct of every person Client brings on site.
•
Occupancy may not exceed
the posted room limit or 6 persons without prior approval.
•
Guests must be approved by
a staff member ahead of session(s). If guests are considered disruptive to the
session, staff reserves the right to ask them to leave the premises.
•
No smoking, vaping, or open
flame anywhere on the premises, including restrooms and loading areas.
•
Alcohol and illegal drugs
are strictly prohibited. Intoxicated persons will be asked to leave; billed
time is not refunded.
•
Food and drinks stay in
designated lounge or kitchen areas. Closed water bottles are allowed in control
room, live room, and isolation booth. No food or open liquids at consoles,
outboard racks, or near instruments. Outside food and drink are permitted.
•
Profanity directed at
staff, harassment, discrimination, or threatening behavior is grounds for
immediate termination of the session without refund.
•
Minors (under 18) must be
accompanied at all times by a parent or legal guardian.
•
Client may not prop
exterior doors, admit unannounced guests, or give access codes or keys to third
parties.
•
Parking is only allowed in
designated spots. Songsbury Studios is not responsible for vehicles or
contents. Do not block loading docks or fire lanes.
•
Please keep noise at a
reasonable level in the kitchen and lounge areas.
5. Equipment, Rooms, and Client Gear
•
Studio equipment,
instruments, microphones, headphones, stands, cabling, computers, plugins, and
furniture may be used only as intended and only during the booked session.
•
Do not move, patch,
re-clock, update, or reconfigure consoles, converters, computers, or installed
speakers without staff present.
•
Do not handle any studio
owned equipment without permission from a staff member.
•
Do not install software,
sample libraries, or user accounts on studio computers. USB drives must be
scanned or used only as directed by the engineer.
•
Client-owned instruments, equipment,
and personal belongings are brought onto the premises at Client’s sole risk. Songsbury
Studios is not liable for lost or stolen items and does not insure Client
property.
•
Report any malfunction
immediately. Continued use after a known fault may be treated as misuse.
•
Client shall not
photograph, film, or livestream equipment serial numbers, room plots, recall
settings, or other Clients’ sessions.
Damage, loss, or
theft of Songsbury Studios’ property caused by Client or Client’s guests —
including spills, dropped mics, smoke contamination, and missing accessories —
will be billed at repair or replacement cost plus a 10% administration fee. Songsbury
Studios may charge a card on file or invoice Client.
6. Personnel
A studio engineer or assistant will be present at all
times.
Client-provided engineers may operate Songsbury Studios
systems only after orientation and only if Songsbury Studios has approved them
in advance.
Hiring Songsbury Studios staff for outside work is a
separate agreement and is not covered here.
7. Recording Content and Prohibited Use
Client represents that Client has all rights needed to
record the performances, compositions, samples, and speech captured during the
session, and that the session will not be used to produce content that is
unlawful, that infringes third-party rights, or that Songsbury Studios could
reasonably refuse to host (including but not limited to hate content, inciting
violence, and any explicit sexual content). Songsbury Studios may stop a
session that violates this section. Client indemnifies Songsbury Studios for
any and all claims arising from Client’s content.
8. Intellectual Property
Performances and compositions. As between Songsbury Studios and Client, Client owns the
copyright in original musical works and sound recordings created by Client
during the session, subject to payment in full and to any separate producer,
engineer, or featured-artist agreements Client has signed.
Studio materials. Songsbury
Studios retains all rights in its trademarks, room designs, templates, recall
files, internally developed signal chains, and any session files. Use of Songsbury
Studios’s name, logo, or room photos in credits or promotion is permitted in a
factual credit line (“Recorded at Songsbury Studios”) unless Songsbury Studios
objects in writing.
Work-for-hire / staff contributions. Unless a separate writer or producer split sheet is
signed, engineering services are services only and do not transfer a copyright
interest to Songsbury Studios staff. If a staff member makes a copyrightable
contribution Client wishes to use, the parties will document ownership and
compensation separately before release.
Credits. Client
agrees to credit the facility as “Songsbury Studios” and the engineer as listed
on the session report, on commercially released recordings, where customary and
space permits.
9. Likeness, Photography, and Promotion
No unreleased music or audio stems may be shared by
either party without mutual written consent.
Client may photograph or film Client’s own session for
personal or promotional use, provided no other client, confidential setup, or
copyrighted room plot is captured, and provided filming does not interfere with
the work. Songsbury Studios may request that cameras be turned off during
sensitive setup.
Songsbury Studios may photograph or record
non-confidential room activity and public-facing sessions for its portfolio,
social media, and marketing, and may use Client’s artist name and approved
likeness, unless Client opts out in writing before the session. Songsbury
Studios will not release unreleased audio without Client’s consent.
The Client agrees to tag the Songsbury Studios’ official
account (@songsburystudiosofficial) in all public posts featuring the studio space.
By entering the premises, all persons (including but not
limited to Clients and Guests) waive all personal and proprietary rights
relating to any Media (photography and video) captured during their visit,
including but not limited to:
•
Right of Publicity
& Privacy: The right to inspect, approve, or restrict the use of any photos
or video footage in which they appear.
•
Copyright & Ownership:
Any claim to copyright or ownership of the raw or edited Media captured by Songsbury
Studios, authorized partners, and Client.
•
Financial Compensation: The
right to any royalties, residuals, licensing fees, or financial compensation
arising from the commercial or promotional distribution of the Media.
Songsbury Studios retains the irrevocable, royalty-free,
and worldwide right to utilize the captured Media across any platform or
format, including:
•
Marketing and promotional
materials (broader studio promotion).
•
Social media
channels, studio websites, and digital portfolios.
•
Behind-the-scenes
content, documentaries, and live-stream broadcasts.
•
Commercial
distributions, external broadcasts, and internal training.
Client Intellectual Property Protection (Exceptions)
Songsbury Studios strictly separates promotional crowd
filming from client intellectual property.
•
Proprietary Session
Material: Songsbury Studios engineers and staff will NOT record or distribute a
client’s unreleased musical tracks, proprietary stems, performances, or
creative works for studio promotional use without a separate, explicit written
permission from the Client.
•
Security Monitoring:
CCTV security footage is maintained strictly for safety and liability insurance
purposes and is exempt from public marketing use.
10. Files, Backups, and Delivery
•
Songsbury Studios will make
commercially reasonable efforts to back up the active session during the booked
block. Songsbury Studios does not guarantee against drive failure, corruption,
or operator error.
•
Working files are retained
on Songsbury Studios systems for 30 days after the last session on the project,
then may be deleted without further notice. Long-term physical archive storage
is available for $250.00 and cloud archive storage is available for $250.00 per
project for the life of Songsbury Studios and/or the life of the cloud storage
company. Songsbury Studios is not liable for any loss, theft, or damages of any
form of archival storage.
•
Delivery formats and
delivery method (local drive, cloud link, or internet transfer) will be as
agreed at the session. Cloud links expire on the date stated in the delivery
note unless cloud archive storage is purchased. If purchased, links never
expire.
•
Songsbury Studios may
withhold delivery of mixes, stems, printed tracks, or session files until all
invoices for that project are paid in full.
•
Client is solely
responsible for maintaining Client copies of all delivered assets. Re-pull or
reconstruction after the retention period is billed as a new session plus media
costs, if files still exist.
11. Confidentiality
Songsbury Studios will not disclose unreleased
recordings, lyrics, guest lists, or session conversation to third parties
except to staff and contractors who need the information to perform services,
as required by law, or with Client’s consent. Client will not disclose other
clients’ presence, unreleased work overheard on the premises, access codes, or Songsbury
Studios’ security practices without written consent.
12. Assumption of Risk, Liability, and Indemnity
Recording studios contain high sound-pressure levels,
cables, elevated platforms, electrical equipment, and heavy instruments. Client
and guests enter at their own risk and should use hearing protection as
appropriate.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SONGSBURY STUDIOS
AND ITS OWNERS, EMPLOYEES, AND CONTRACTORS ARE NOT LIABLE FOR INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS,
LOST DATA, LOST STUDIO TIME BEYOND A REFUND OR REBOOK OF THE AFFECTED BLOCK, OR
COST OF COVER. SONGSBURY STUDIO’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL
NOT EXCEED THE AMOUNTS CLIENT ACTUALLY PAID TO SONGSBURY STUDIOS FOR THE
SESSION GIVING RISE TO THE CLAIM.
Client shall defend, indemnify, and hold harmless Songsbury
Studios and its owners, employees, and contractors from claims, damages,
losses, and reasonable attorneys’ fees arising out of (a) Client’s or guests’
acts or omissions on the premises; (b) Client content, samples, or clearances;
(c) injury or property damage caused by Client gear; or (d) Client’s breach of
this Agreement, except to the extent caused by Songsbury Studios’ gross
negligence or willful misconduct.
Songsbury Studios recommends Client carry
musical-equipment and general-liability insurance. Proof of insurance may be
required for lockouts, large guest lists, or video productions.
13. Termination
Songsbury Studios may suspend or end a session
immediately if Client or a guest violates house rules, fails to pay, endangers
persons or equipment, or if continued occupancy would violate law or building
rules. Fees for time already booked remain due. Either party may end future
unbooked sessions by written notice. Sections 5 (damage), 7–12, 14, and 15
survive termination.
14. Force Majeure
Neither party is liable for delay or failure to perform
caused by events beyond its reasonable control, including utility failure,
fire, flood, severe weather, epidemic, labor dispute, government order, or
building emergency. If a force majeure event lasts more than 72 hours of a
booked block, Songsbury Studios will reschedule the unused portion or refund
prepaid unused time, at Client’s option. Musician fees, travel, and third-party
costs remain Client’s responsibility.
15. General Terms
Entire agreement. This
Agreement, the booking confirmation, the proposal, and any rate sheet or
lockout rider attached hereto are the entire agreement and supersede prior
discussions about studio use. Project-by-project producer or split-sheet
agreements are separate.
Amendments. Changes
must be in writing (including email) and accepted by Songsbury Studios. Songsbury
Studios may update general house policies prospectively by posting or sending a
revised version; the version signed or accepted for a given booking/proposal
controls that booking/proposal.
Assignment. Client
may not assign any booking without Songsbury Studios’ consent. Songsbury Studios
may assign any contracts, proposals, and/or agreements to a successor operator
of the facility.
Severability and waiver. If a provision is unenforceable, the remainder stays in
effect. Failure to enforce a term is not a waiver.
Governing Law and Venue. This Agreement is governed by, and construed in
accordance with, the laws of the Province of Ontario and the federal laws of
Canada applicable therein, without regard to conflict-of-law rules. The parties
submit to the exclusive jurisdiction of the courts of the Province of Ontario
located in the City of Toronto for any dispute arising out of this Agreement,
except that Songsbury Studios may pursue unpaid invoices in any court of
competent jurisdiction.
Notices. Notices
may be sent to the email addresses used for booking and are effective when
sent, if no bounce is received.
Independent contractor. Nothing in this Agreement creates a partnership, joint
venture, or employment relationship between Songsbury Studios and Client.
Authority. The
person signing for Client represents that they have authority to bind Client
and all session participants Client brings on site.