Artville Studios Terms & Conditions of Services
In consideration of the provision of recording services, the services of two (2) recording engineers, and the provision of other services provided by Producer to Client, the parties hereby agree as follows:
1.1_Artville Studios will provide the services set out on Exhibit A (attached hereto and made a part hereof), such services hereinafter referred to as the “Services”), including but not limited to engineering, tracking, composing, arranging, mixing, mastering, performing, CD/tape reproduction and forensic audio.
1.2_Client understands that there will be additional fees for any additional services not listed on Exhibit A that are provided by Artville Studios at Client’s request.
1.3_Client understands that the rate quoted for the Services includes the services of two of Artville’s designated engineers. Artist may choose to use his/her own engineer, which will be at an additional fee, but Artville Studios reserves the right to refuse such engineer access to the equipment if, in the company’s sole opinion, such engineer is not technically proficient.
2.1_Client agrees to pay for the Services at the applicable rates set out on Exhibit B (attached hereto and made a part hereof).
2.2_Once the client approves the project to undergo mastering, there will be an additional charge for any change suggestions to be done on that master track.
2.3_Artist will pay Artville Studios a deposit of 60% of the estimated total charges at the time of booking, and the balance upon completion of the Services, at a maximum of only two more installments after the payment of the 60% for commencement of the project. Project will not be commenced at any level until the deposit is paid.
2.4_In the event of cancellation of the recording project or other un-communicated factors, that hinder, stop or cancel the project with less than a 24- hour notice, Client will forfeit the deposit or pay damages as per determined by Artville Studios. If Artville Studios must cancel a session due to illness or other reasonable cause, the company will reschedule the project for the earliest available time consistent with the needs of the client and organise compensation of damages caused, as determined by the evaluation conducted. In the event neither the Client nor the company can agree upon a date and time for rescheduling, the company will refund the deposit.
2.5_ Payments by cheque are accepted, but will not be considered complete nor any receipts issued until the cheque has cleared the bank. Any cheque returned for insufficient funds will incur an additional fee of Ksh. 2500 on the total payable amount.
2.6_Studio retains ownership of the master and will not release it to the client until all amounts owing under this Agreement are paid in full.
Responsibilities of Producer
3.1_Artville Studios agrees that it will:
* Conduct and facilitate the recording project to the required professional standards;
*Provide all equipment, as agreed, in good working order;
*At Client’s request, provide professional personnel to assist as required during all phases of the project;
*Maintain a safe, clean, and comfortable environment for service
*Ensure Artist’s privacy of product during the post-production process.
*Provide an extra 10 4-hour studio sessions for Vocal Overdubs after or before the
3.2_Artville Studios shall not be liable for any failure to perform its obligations if such failure is due to circumstances beyond its reasonable control. Any liability of Artville Studios shall be limited to the total of all amounts paid by Artist for Services under this Agreement.
Responsibilities of Client
4.1_Client agrees that it will:
*Make all payments when due;
*Pay all contract musicians directly; unless the said has been provided by the
*Pay for any damage caused by Client or by Client’s personnel or guests, other
than normal wear and tear to the equipment and studio facilities.
*Provide all needed items as agreed to facilitate a successful event.
*Respect the production crew and be cooperative as needed.
If Client fails to comply with any of its responsibilities hereunder, Artville Studios may terminate this Agreement and refund any amounts paid by Artist prior to such termination.
Loss or Damage
6.1_Artville Studios shall use reasonable efforts to secure all recording media (all master tapes, slaves, final mixes, DATs, cassettes, DVDs and all other magnetic media storage devices) belonging to the Artist and stored on the studio premises, but Artville Studios shall not be liable for loss of or damage to any of the above, caused by acts of God or events beyond its reasonable control.
6.2_In the event of loss to or damage of Client’s recording media due to willful negligence, Artville Studios shall be responsible for replacement of no more than the value of the total replacement cost of the unrecorded tape and studio time to the date devoted to said recording media.
6.4_Client shall be responsible for any loss or damage to Artville Studios property caused by Artist, Artist’s employees, guests, invitees or agents acting under Artist’s instruction, as a result of misuse, negligence, carelessness or willful misconduct.
Terms and Conditions of Use
Client agrees to abide by the Terms and Conditions of Use of Studio listed in Exhibit C (attached hereto and made a part hereof).
Acceptance of Media
Receipt and acceptance of the recording media by Client after completion of the Services shall be deemed acknowledgment between both parties that the quality of the Services is satisfactory to Artist and shall release Studio from any and all liability and claims regarding such Services.
This constitutes the entire agreement between Client and Producer, and may not be modified, changed, or terminated in any way except in writing signed by both parties.
This Agreement shall be governed by and construed in accordance with the land laws and Constitution of Kenya. Any legal actions, claims or demands shall be handled in a court of competent jurisdiction within Nairobi County.
Services to be Provided by Artville Studios
All professional Live recording gear as needed and deemed fit for the project at hand.
*Digital Recording - Apple Logic Pro x, Pro Tools 12, Mac Computer,
Presonus StudioLive Preamps and Audio Interfaces,
StudioLive 31-track digital recording mixer, 32-channel Splitter cable,
*Signal Processing Software - Waves Suites, UAD suites, and all plug-ins, All Plugins available in the studio during the time of Recording.
*Microphones - Rode NT-1, AKG C414 xl, AKG C414 xii, AKG C12, AKG C1000s,
AKG D112, Sure SM57, Neumann U87, Neumann 149,
Microtech Geffel MG, All Microphones available in the studio at the time of recording.
* Media Coverage - dollies, cranes, 5D Mark IIs, 5D Mark IIIs, 6Ds, Camera Lighting,
*Miscellaneous - All other recording gear installed at the time of post-production recording, editing mixing, and mastering
RATES AND CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE, BUT ANY SUCH CHANGE WILL NOT APPLY TO ANY CONTRACT CURRENTLY IN EFFECT.
Backups and Storage
Daily back-up of projects to the studio’s hard drives is free during each recording session and will be stored for free for ninety days (90) days, after the last recording session/completion of project, after which the files will be subject to permanent deletion. Incase the Artist requests longer storage period for the files, a fee of Ksh. 2000 will be charged monthly. Non-payment for storage will result in permanent deletion of the files. Ongoing projects that are booking time on a regular basis (8 or more hours per month) are not subject to this provision.
During studio sessions, Hospitality services are available by request with 24 hours advance notice. Hospitality services include catering and the provision of food and beverages (non-alcoholic). The Client is responsible for the full payment of all food, drinks and gratuities directly to the caterer at the time of delivery.
Terms and Conditions of Use of Studio
1. All artists using studio space must behave in a manner that is respectful of the building and equipment and is considerate of other users of the studio.
2. Noise outside the facility must be kept to a minimum between the hours of 10 PM and 8 AM.
3. If an artist brings equipment into the studio, the artist is solely responsible for the working order of the equipment. The studio reserves the right to refuse to allow the use of such equipment if the studio believes it to be in unsafe condition.
4. Smoking is NOT ALLOWED anywhere within the building, including washrooms and the immediate faculty surrounding. If you smoke outside the building, you must be at least 30 feet from doors and windows. Do not leave cigarette butts on the grounds.
5. Place trash in the receptacles provided, in the reception area, and outside the studio building.
6. Alcohol and/or drug use is STRICTLY PROHIBITED anywhere on the property. Any such behavior by the artist or by the artist’s crew or guests will result in immediate termination of the contract and removal of the person(s) from the facility.
7. No beverages of any kind – including water – are to be consumed in the control room or near any equipment.
8. The artist is liable for any and all damage caused by negligence, recklessness, or misconduct of the artist or the artist’s crew or guests.
9. The artist is allowed to have up to 10 guests (people not actively involved in the recording session), but the artist is responsible for these guests. If a guest is disruptive to a session, s/he will be asked to leave.