1. All materials,
including but not limited to tapes, discs, masters, recordings and parts,
shall be and remain the property of Paul Smith Music Studios unless and until
the Studio has received full payment for the engagement in cleared funds.
This contract shall be your agreement to a lien over such materials until
a release is signed by a duly authorised representative of the Studio.
2. For flat fee and day rate engagements, you shall pay a minimum of
fifty percent (50%) of the Production Fees prior to the beginning of any work
by the Studio; the balance is payable prior to the final day of recording
as written on the front of this agreement. For hourly rate engagements, the
entire fee shall be payable at the end of each recording session.
3. You warrant and represent that you have cleared or will clear all
rights, including but not limited to copyrights in the compositions recorded,
with any and every person, firm or entity having a right(s) in the recording
and/or composition, and that the recordings shall not infringe any right of
any person firm or entity, including, but not limited to rights, of privacy,
defamation and copyright. You will indemnify the Studio in respect of all
costs, expenses, damages, and claims whatsoever in respect of a breach of
such warranty and representation.
4. You understand and agree that the Studio does not keep back-ups of
the recordings and you assume all responsibility for safekeeping of the masters
once the session is completed. However, you agree that Studio may take copies
of the recordings for its own use on a solely promotional basis for the Studio
including but not limited to the Studio’s show-reel.
5. You agree to abide by all the safety and health requirements imposed
upon the Studio by its landlord(s) and in the event that the Studio in its
sole discretion feels that you are jeopardising the health and /or safety
of any person or property in the Studio and its environs, the Studio reserves
the right to cancel or cut short the session and you shall nevertheless be
liable to the Studio for the entire Production Fee and such Fee shall be payable
in full immediately.
6.
Whilst every effort is made to ensure the security of the premises,
any property including but not limited to equipment, master tapes, hard drives,
disks, instruments and personal effects left in the studio is entirely at
the risk of the owner and in the event of theft, any loss or damages will
not be compensated by the Studio's insurance.