Terms Of Studio Use
A Sharp Recording Studios in Riverwood, 2210 and One Flight Up in St Peters, 2044 and other facilities that may be added from time to time are either owned and operated or managed and operated by AKA Music Pty Ltd (“We”/”Us”).
- AGREEMENT OF TERMS – STUDIO USE
These terms and conditions relate to any and all audio services provided to the Client in relation to facilities used and work undertaken by AKA Music Pty Ltd. As such any work that the Client requests or books in relation to the audio services must be in accordance with this agreement or otherwise authorized in writing by the Us.
- THE STUDIO FACILITIES
We shall ensure that the studio premises and competent engineers are onsite and able with all due care and diligence using suitable equipment to complete any audio service as per the clients instructions and produce a final master printed recording of the audio work at the end of the audio service that the client has requested. During the audio service and use of the studio facilities the client agrees the following.
2.1 That the studio will only be used for the agree audio service and as such only permit those people directly engaged in the audio service booked to be present. We reserve the right to request that any persons not associated with the booking leave the studio premises.
2.2 The client also agrees that any equipment that the client brings to the studio is working properly for its purpose and agrees to take full responsible for any damage caused by using the clients equipment.
2.3 The client agrees to take responsibility for any damage to media devices such as external hard drives, USB drives or others that are brought to the studio premises and cause damage to the studios computer equipment.
2.4 The client, clients staff and personnel agree to abide by the Studio’s rules and in relation to basic good health and safety practices in terms of Sound Level, non-smoking, no-alcohol policy at the studio.
The client is required to make a 50% deposit of the total estimated work at the time a booking is made in the case of audio services that take place on the studio premises. Final payment is required before the end of the booking. Deposits are non-refundable unless agreed in writing by us prior to the deposit being taken.
The client will receive upon final payment all final printed master copies and recordings including any other associated materials established during the booking that the client may want or requests.
In the case of unattended audio services where the client is not present and where the audio service has been agreed remotely. Full payment is required before any agree audio service is provided.
- CLIENT’S EQUIPMENT, MATERIALS AND RECORDINGS
The client will be solely responsible for equipment (software, hardware or musical equipment) whilst the equipment is within the studio premises. If the client’s equipment is damaged or broken as a result of the client’s or clients staff inappropriate or accidental actions then the client undertakes and agrees to hold Us harmless and any costs associated with the repair or replacement of the damaged or broken equipment is at the sole charge to the client.
The client will also be responsible for the cost of any equipment hired, expenses or associated costs incurred by Us that have been agreed to be repaid and relate to the audio service supplied at the Studio.
The client will be responsible for any actions of the clients personnel, staff or other authorized persons the client has requested or allowed to enter the premises.
We will retain for the client a copy of all recordings for a period of 3 months following the booking solely at the risk of the client. If the client wishes for Us to hold materials for periods longer than 3 months then We reserve the right to reasonably charge the client as per the current cost of $50 per year per folder of 100MB and multiples thereafter. We retain the right to remove, delete or destroy materials after 3 months.
A Sharp also offers Remote access storage to Clients using our audio services via Network Access Storage (NAS) devices. This storage is secure and encrypted and login details will be given to clients so that secure files of personal data can be accessed. If the client agrees to use such a service then the client agrees that AKA Music Pty Ltd cannot be held responsible for loss or damage, either in part or in full during this period and as such you indemnify us from all action against us for the loss of such materials.
The client is responsible and will ensure that all equipment will be removed from the studio premises at the end of the booking. AKA Music is entitled to remove or dispose anything that is left after a booking at the studio premises.
If the client finds that the master recordings or final material contains any defect or is damaged which is found to be as a result of faulty materials or workmanship then the Client must inform Us in writing so that we are able to take reasonable endeavors to rectify and replace the material. If, We are unable to replace or rectify the recordings then are liability is limited to that of the cost paid to make these recordings. This does not affect your statutory rights if you are a consumer.
- SOUND LEVELS
The National Code of Practice for Noise Management and Protection of Hearing at Work, provides practical guidance and states that workplace levels lower than 85dB are desirable if practical.
The National Standard for exposure to high noise is an eight-hour equivalent to continuous A-weighted sound pressure level, LAeq8h at 85dB (A).
As such the client shall be responsible for sound pressure levels in the studio and shall not in the case of high noise sustain those levels for long periods.
We reserve the right to take any action required to maintain tolerable noise levels and the client agrees that no claim shall be made if such action to control sound pressure levels is required to be taken by the Us.
The client undertakes to indemnify Us against injury, lose, damage reasonable costs or expenses resulting from the clients, clients management, staff or agents making use or exploiting commercially of otherwise the recordings made at A Sharp Recording Studios.
The client also undertakes to indemnify Us against injury, lose, damage, reasonable costs or expenses resulting form the client’s or clients management, staff or agent’s breach of any of the undertakings or parts to be observed within this agreement. Likewise the client also indemnifies us against loss, damage or injury
The client also undertakes to indemnify Us against injury, lose, damage, reasonable costs or expenses resulting in any lose or damage caused to Us by clients use of clients personal or client own part recordings used at or recorded at A Sharp Recording Studio.
The client warrants that nothing recorded shall be in breach or infringement of any copyright or shall be in any way illegal, scandalous or obscene. The client agrees to indemnify Us against liability in respect therefore and shall pay all costs and associated expenses including lawyers fees that may be incurred by Us in relation to any claim made.
- ENGINEER CREDIT AND USE OF MATERIAL
If the Client has used one of the freelance engineers that operate from time to time at the site they may include a credit for any audio service conducted by our freelance engineers, which is distributed to the public. As such we give the client authorization to state the following.
Recorded at “name of studio”
Mixed by “name of engineer”
Produced by “name of producer”
You grant the right to Us, the Engineer and Producer who have successfully completed your audio service for the sole and unique purpose of demonstration and promoting the work completed by the engineer and studio, the use of mixes, artwork, images, likeness and marks on a non-exclusively basis, in perpetuity and throughout the world.
Any audio services that take place at A Sharp does not imply an endorsement between Us and the client as We retain the right to request that any activity which implies and endorsement ceases.
The Logo of A Sharp Recording Studio and One Flight Up is the property of AKA Music Pty Ltd and as such shall not be used by the client unless authorized to do so in writing.
- STUDIO BREAKDOWN
If the studio, due to technical issues is unable to provide the audio service as booked, We retain the right to offer an alternative date as soon as possible and viable for all parties. Alternatively if a booking deposit has been taken this will be refunded. The client shall have no liability beyond these options.
- LIMITATION OF OUR LIABILITY
As per the full extent allowable by law, AKA Music Pty Ltd, its directors, officers, agents and engineers providing the services to you or associates are not responsible or liable for any direct, indirect or consequential damages arising out the use of the Studio.
Notwithstanding the provisions within this Terms of Studio Use you agree that the maximum aggregate liability of AKA Music Pty Ltd to you arising from any claims that you may have in relation to the services as set out will be limited to the amount equal to the amount paid by you for those services. This does not affect your statutory rights if you are a consumer.
The governing law of this agreement and claims made be they direct or indirect arising out of this agreement shall be in accordance with the laws of the State of New South Wales, Australia
Each provision of this Agreement is hereby declared to be separate, severable and distinct.
This Agreement constitutes the entire agreement between Us and you, and any previous agreements, be they oral or written are expressly cancelled.
This agreement does not constitute a joint venture, partnership or agency relationship, and no intention to create any such relationship through this agreement exists.
We will not be held responsible for any delay or failure to provide our obligations under the terms and conditions as set out due to force majeure and therefore beyond our reasonable control.