STUDIO HIRE TERMS AND CONDITIONS
The following definitions shall apply:-
"Booking Form" : The form printed overleaf together with any written variations attached to it signed by both parties.
"Company": Perry Road Studios Limited
"Equipment" : All equipment and facilities provided by the Company in connection with the use of the Studio.
"Hirer" : The party hiring the Studio and Equipment and where the context so admits shall be deemed to include its employees agents and anyone using the Studio and/or Equipment with its express or implied authority.
"Hire Period" : The period specified in the Booking Form.
"Personnel" : Any agent servant employee or independent contractor of the Company.
"Studio" : The sound recording studios situated at Perry Road Studios, Buckden, Cambridgeshire.
2. Formation of Contract
No contract shall come into existence between the Company and the Hirer unless and until the parties have both signed a completed Booking Form.
3. Use of Facilities
3.1 The Company agrees to provide to the Hirer the goods and services as set out in the Booking Form throughout the Hire Period.
3.2 The Personnel shall be provided on a non-exclusive basis as the Company in its absolute discretion from time to time decides as necessary having regard to the reasonable requirements of the Hirer.
3.3 The Hirer shall be entirely responsible for:
(a) compliance with all rules and regulations at the Studios and all directions of the Company including any decision by the Company to refuse admission to or reject any of the Hirer's personnel;
(b) the actions of the Hirer while in the Studio;
(c) the use of the Studio and Equipment;
(d) the direct or indirect results of the actions of the Hirer and of the use by the Hirer of the Personnel the Studio and the Equipment.
3.4 The Hirer shall pay the Company, or make good, any damage done to the Equipment and the Studio and shall leave the Studios in a clean and tidy state on the expiration of the period of hire. Any costs for damage incurred by the Company shall be reimbursed by the Hirer.
3.5 The Hirer shall not remove any Equipment from the Studio nor interfere with or carry out any maintenance work. The Company shall repair and/or replace as the Company considers appropriate any defective Equipment as soon as practicable but shall not be liable to the Hirer for any malfunction or failure.
3.6 Any additional goods or services required by the Hirer shall be provided at the Company's discretion and invoiced separately as an additional cost.
3.7 Once archived master files are kept for 3 months. Should you require a copy of archived master files please contact the Studio to arrange a transfer slot. Files can be transferred to a suitable hard drive.
4.1 A deposit will be required to confirm all studio bookings. Such deposit is non-refundable and shall be equal to 25% of the cost of the total time booked. The Company reserves the right to waive such deposit requirement in its unfettered discretion. Studio bookings for which no deposit has been received by the Company shall be subject to change or cancellation should management so decide, without notice to client.
Notice of a client's intent to cancel a session must be received by the Company no later than 7 days before such session. If notice is not received by The Company the client shall be liable for the cost of one half of the time booked. Client's deposit as stated above will be applied by the Company in partial satisfaction of such liability. Sessions cancelled the same day of the scheduled session will be liable for the total cost of the booked time.
Half the amount of unused time booked will be charged to the client irrespective of client's failure to arrive for a session on time or in the event that the client must leave the session early.
4.2 All fees and payments specified in the Booking Form shall be paid in full on the due date failing which the entire copyright and all other right title and interest in the recordings produced by the Hirer at the Studios shall belong to the Company free from moral rights which the Hirer hereby waives, subject to Clause 8.3 below, and in addition the Hirer shall be liable to pay interest on such sum from the due date of payment to the actual date of payment at an interest rate which will be 4% above the base rate of Barclays Bank Plc prevailing from time to time during such period.
4.3 For the avoidance of doubt the Hirer shall be liable to pay all sums due hereunder in the event of cancellation by the Hirer.
5.1 The Hirer may inspect the Equipment and the Studio by prior arrangement with the Company during normal business hours before the commencement of the Hire Period. It shall at all times be the Hirer’s responsibility to satisfy itself that the Equipment and the Studio are suitable for the Hirer’s purpose.
5.2 It is not a condition of any agreement between the Company and the Hirer and there is no express or implied warranty on the part of the Company that the Equipment and/or the Studio are fit for the purposes of the Hirer and there is no obligation whatever on the part of the Company to assess the needs of the Hirer or to advise the Hirer in relation to such needs. Any assessment or advice which may be given by the Company is entirely without liability on the part of the Company and does not form part of any agreement between the Company and the Hirer.
If the Hirer fails to vacate the Studio at the end of the Hire Period the Company shall in addition to its other rights hereunder be entitled to charge or recover from the Hirer as a contract debt due and payable immediately on demand the following sums:-
6.1 The rate specified in the Booking Form for each hour or part hour during which the Hirer remains;
6.2 Any and all sums representing any liability of the Company to third parties whose period of hire of the Equipment or the Studio has been affected by the late occupation of the Hirer; and
6.3 Any and all losses directly and indirectly occasioned to the Company as a result of such late occupation.
7. Hirer's Compliance
7.1 The Hirer undertakes that it shall not bring into the Studio any alcohol, drugs, any illegal substance or any other substance for abuse, or any material which are of a dangerous nature, or an explosive nature or any materials whose possession storage or use might contravene any statute local regulations or bye-laws or constitute a nuisance to third parties. The Company shall be entitled to immediately remove any such materials or substances described above.
Smoking is NOT permitted anywhere inside the Recording studio. If you leave the premises to smoke, please ensure that you are a safe distance from the studio and that your cigarette stubs are disposed of appropriately in the bin provided. .
7.2 The Hirer shall observe perform and comply with all applicable statues rules regulations and orders relating to its activities on the Company's premises including without limitation the Health and Safety at Work Act 1974 and all associated regulations and approved codes of practice and the Hirer undertakes to ensure so far as reasonably possible the health safety and welfare at work of all employees of the Hirer and persons providing services for the benefit of the Hirer.
7.3 The Hirer confirms that the Company and any inspector appointed by the Health and Safety Executive, any fire officer or officer of any other regulatory body having authority over the Studio shall have the right to inspect without prior notice at any reasonable time the Equipment and the Studio for the purpose of complying with such inspector or officers duties or for the purpose of ensuring compliance by the Hirer of its obligations.
7.4 The Hirer shall arrive and leave the Studio in a considerate manner without causing any nuisance undue noise or disruption to others and shall comply with all access exit and parking requirements stipulated by the Company.
7.5 In the event of the Hirer's failure to comply with any of these terms and conditions the Company shall be entitled to immediately terminate the period for hire and to retain all payments made by the Hirer. For avoidance of doubt the Hirer shall be liable in any event to pay for the full period of Studio hire booked.
8. Title to Goods
8.1 The Company shall be entitled to a lien in relation to all physical material embodying the recordings produced by the Hirer in the Studio until payment in full by the Hirer of all sums owed to the Company. Risk in all such property materials and goods shall at all times remain with and be the responsibility of the Hirer.
8.2 As between the Company and the Hirer the Company shall be deemed to be the person who made the arrangements for the production of all recordings made by the Hirer in the Studio and accordingly the "author" of such recordings for the purposes of the Copyright Designs and Patents Act 1988 as from time to time amended and the Hirer assigns to the Company the entire copyright in all such recordings.
8.3 Upon and strictly subject to payment by the Hirer to the Company of all sums due to the Company hereunder and on condition that the Hirer shall not be in breach of any of the provisions hereof the copyright and all other rights in and to the recordings referred to in Condition 8.2 shall be deemed assigned by the Company to the Hirer.
8.4 Time shall be of the essence in relation to all payments required to be made by the Hirer and if the Hirer fails to effect payment to the Company whether in whole or in part of any sums due pursuant to its agreement with the Company the Company shall be entitled to sell hire or charge any property over which it has a lien and exercise any rights vested in it or assigned to it and retain the proceeds arising from such sale or exercise for the Company's own use and benefit absolutely. The Hirer expressly agrees and confirms that the Company shall not be deemed to be a trustee in respect of sums received by it in excess of the amount due to the Company nor shall such excess be taken to limit or reduce any damages otherwise payable to the Company as a result of any breach by the Hirer of its agreement with the Company.
8.5 Where any materials or goods are supplied by the Company to the Hirer the Hirer shall be deemed irrevocably to have accepted such materials unless the Hirer shall have objected in writing to the Company within 24 hours from receipt of the same. In the event any materials delivered to the Hirer are of unsatisfactory quality the Company's sole liability shall be in relation to the replacement of such materials and the Company shall incur no liability whatever in relation to any audio or audio-visual recordings of the Hirer which may be lost or damaged as a result of the loss or supply of any such materials.
8.6 As a rule the Company backup session files at the end of each session, ensuring complete safety of the Hirer's work. All client files are stored on the Company system and backup system for at least one (1) month after the session is completed. These can be transferred to an external hard drive, or other suitable medium, and stored in the archive or transferred to the Hirer upon request. Please enquire for pricing. If after such time files are no longer required they will be deleted.
The Hirer warrants to the Company that it has obtained all consents licences and clearances required from performers copyright owners and owners of moral rights and all other persons of any description having any proprietary or other right or interest of whatever nature arising as a result of the Equipment or the Studio being made available to the Hirer and of subsequent exploitation of materials made or recorded in the Studio and undertakes to indemnify the Company from and against all and any liability to third parties for royalties, performance incomes, statutory and/or mechanical fees, defamation, breach of privacy, infringement of copyright, moral rights, trade marks, publicity rights, privacy right, personality right or any right whatever involved or arising directly or indirectly as a result of the Hirer's activities.
10. Liability and Exclusion
10.1 The Company shall be liable for death or personal injury arising as a result of the negligence of the Company in the performance of its agreement with the Hirer except to the extent that the deceased or the injured party contributed to their death or personal injury.
10.2 The Hirer shall procure that all persons authorised by it to use the Equipment and Studio are suitably qualified and comply with any terms conditions and/or restrictions imposed on such use by the Company.
10.3 The Hirer undertakes to indemnify the Company and keep it fully and effectively indemnified from and against any and all costs claims fees expenses awards demands or damages it may suffer or make:-
(a) as a result of the death injury damage or loss suffered by any third party or any employee of the Company or those engaged by it or connected or associated with it as a direct or indirect result of any act or omission by the Hirer whether negligent or accidental when acting alone or when carrying out the direction request or instructions of the Hirer;
(b) as a result of any breach by the Hirer of any of the provisions of its agreement with the Company or any failure or delay in connection with the same.
10.4 The Company shall not be liable for loss of power beyond the Company's control or in the event that any recording is lost or damaged as a result of any breach by the Company of its obligations.
10.5 The Company shall not accept any responsibility for any loss or damage to equipment, furnishings, properties, or any personal items belonging to the Hirer whilst kept or used at the Studio.
11. Credit / Publicity
11.1 The Hirer agrees that all labelling, packaging, collection society registration i.e. PPL, PRS, ASCAP, BMI, or other official societies, of recordings recorded in Perry Road Studios, shall contain the appropriate credit: Recorded by Greg Stephenson @ Perry Road Studios. Where Perry Road Studios have Mixed, Mastered, and/or Produced the recordings the credit will also identify that element., i.e. Recorded & Produced by Greg Stephenson @ Perry Road Studios, Recorded, Mixed & Mastered by Greg Stephenson @ Perry Road Studios, or a combination of all elements, whichever is applicable.
11.2 The Hirer agrees that the Company has the right to publicise your use of the Studio by visual and/or audio means. You grant Perry Road Studios right to film and/or photograph the production of the recordings in the Studio (the copyright of which films, and/or photographs shall belong to Perry Road Studios), in addition, you grant Perry Road Studios non-exclusive right to use any imagery taken during the booked session at Perry Road Studios, by yourself or third parties, for use in connection with the promotion of Perry Road Studios, including inclusion on any of the Company websites, and or, internet business pages.
11.3 The Hirer grants Perry Road Studios, non-exclusive right to create and use any clips of the recorded sessions, audio and, or audio visual, in connection with the promotion of Perry Road Studios, including inclusion on any of their websites, business internet media pages, now known or yet to be created.
12. 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:
12.1 the Client shall be responsible for noise levels within the Studio;
12.2 high noise levels shall not be sustained for long periods;
12.3 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;
12.4 the Client shall follow the recommendations contained in the APRS leaflet "KEEP SOUND LEVELS DOWN" (receipt of a copy of which the Client hereby acknowledges) and instruct the Client's Personnel to do the same.
13.1 Any notice in writing referred to herein shall be deemed to have been duly and properly served if addressed to the parties at the above address or to any subsequent address duly notified by any of the parties hereto and sent by pre paid post or facsimile transmission and the date of service shall be deemed to be the day of delivery in the normal course of posting if posted or the day of sending if transmitted by facsimile.
13.2 VAT on all payment due hereunder shall be payable on presentation of a valid VAT invoice.
13.3 No waiver by either party of any breach by the other of any of these terms and conditions shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other terms or conditions.
13.4. Neither party shall be liable to the other for any breach of the terms and conditions herein occasioned by any act of God war revolution riot civil disturbance strike lock out flood fire or other cause not reasonably within the control of such party.
13.5 The marginal headings hereto are for purposes of reference only and do not form part of and in no way govern or qualify the terms and conditions hereof.
13.6 The Company reserves the right to alter these terms and conditions of Studio hire from time to time without notice. In such case a notice of which along with a revised copy will be uploaded to the Company websites at the earliest convenience.
13.7 The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no third party shall have any rights whatsoever to enforce the terms of this Agreement.
13.8 Where the Company acts as a data controller (as defined in the General Data Protection Regulation ((EU) 2016/679) or any successor legislation to it) pursuant to a contract for a booking, it shall do so in accordance with its privacy notice. The Company's privacy notice is available on request and may also be viewed on its website at www.perryroadstudios.co.uk. The Company's privacy notice shall be deemed to be incorporated into a contract for a booking.
13.9 This Agreement shall not be deemed to constitute a partnership or joint venture or contract of employment between the parties.
13.10 The terms and conditions hereof shall be governed by and construed in accordance with the laws of England and Wales
I acknowledge acceptance of the above Terms & Conditions of Hire of Perry Road Studios