FONTANEZ RECORDING STUDIO TERMS AND AGREEMENT
1. Pricing and delivery
Fontanez Recording Studio reserves the right to change prices, specifications and quantities in our catalog, web site, without notice or obligation.
2. Payment terms
Customer agrees to our hourly rates. Fontanez Recording Studio hours are charged when all vocals/music/arrangements are recorded. (a) Fontanez Recording Studio hours are charged upon arrival of the Customer/musician until the end of the session. (b) Customer is responsible for all monies due to Fontanez Recording Studio, and shall make payment to Fontanez Recording Studio as follows: (a) in advance per song. Invoices are due and payable on receipt. In the event Customer recording media have been stored on premises, Fontanez Recording Studio shall not release said media until all monies due Fontanez Recording Studio have been paid. Customer recording media left on premises 30 days after completion of last recording session or service shall become the property of Fontanez Recording Studio if all monies due Fontanez Recording Studio have not been paid. If Customer fails to pay an invoice on time, Customer agrees to pay any and all costs, fees, charges or expenses of every nature (including without limitation Fontanez Recording Studios’ reasonable legal fees and litigation/arbitration fees and costs) incurred by Fontanez Recording Studio in recovering any amounts owed by the Customer. Should any amount remain outstanding after its due date, interest shall run on said amount 30 days from the initial billing date at the rate of 10% and shall accrue daily. Receipt of recording media from Fontanez Recording Studio to Customer is acknowledgement between both parties that the quality of all services rendered by Fontanez Recording Studio is satisfactory to Customer and shall release Fontanez Recording Studio from any and all liability regarding said recording media and services rendered. Once Customer has approved a recording, track, mix or master, there will be an additional charge for any change to that recording, track, mix or master. Fontanez Recording Studio accepts cash, check, and money order.
Fontanez Recording Studio requires a 50% deposit for all projects orders (your product specialist will inform you of the deposit requirements). All deposits are non-refundable but can be used towards any project up to one year.
4. Scheduling Studio Sessions
Scheduling studio sessions are to be made one to two weeks prior to the date requested threw our website. Mixing and Mastering not included during recording sessions. Fontanez Recording Studio reserves the right to not guarantees last minute scheduling studio sessions. In the event of cancellation of recording session or other scheduled service by Customer, the Customer shall be responsible for hourly rate of cost of services scheduled if cancellation occurs within 48hours of the scheduled recording session or service. Customer will not be responsible for hourly rate if cancellation occurs due to an extenuating circumstance “beyond the Customer’s control”.
5. Come prepared!
It is Industry standards for the customer prior to record come ready and prepared to the studio sessions. Everyone participating on the session should know what he or she is recording. Fontanez Recording Studio reserves the right to cancel session and re-scheduling Customer when there most prepared. The Customer will be responsible for all costs incurred by Fontanez Recording Studio.
6. Intellectual Property Rights Protection
The Customer represents and warrants to Fontanez Recording Studio: (a) that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use the registered and unregistered rights, titles, and interests in and to any United States or foreign trademarks, service marks, trade names, copyrights or other intellectual property rights relating to the materials provided to Fontanez Recording Studio by the Customer under this agreement, including but not limited to the right to reproduce, produce and otherwise use the materials: (b) that the Customer and Fontanez Recording Studio are not, or will not be, as a result of the execution and delivery of this agreement or the performance by Fontanez Recording Studio of the obligations hereunder, in violation of any intellectual property rights of third parties; and (c) that no claims with respect to the Customer’s intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to the knowledge of the Customer, are threatened by any person, nor, to the Customer’s knowledge, do any grounds for any claims exist.
Customer agrees to indemnify, defend, protect, and hold harmless Fontanez Recording Studio and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, “indemnified parties”) against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys’ fees and disbursements of every kind, nature, and description) (collectively, “damages”) suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (a) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the Customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (b) any breach of any representation or warranty of the Customer set forth in this agreement or purchase order, or in any other form or document in connection herewith.
Fontanez Recording Studio reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder. The Customer agrees to provide Fontanez Recording Studio, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, Fontanez Recording Studio does not in any way assume an obligation to investigate or verify ownership of any materials provided by the Customer, and Fontanez Recording Studio may rely on the Customer’s representations and warranties herein and provided under Fontanez Recording Studio Intellectual Property Rights Form even if Fontanez Recording Studio such ownership.
If Fontanez Recording Studio determines, or has reason to believe, that the Customer does not have the authority to produce the products sought hereunder, Fontanez Recording Studio will have no further obligations to the Customer to provide any products or any other services with respect to such materials, and Fontanez Recording Studio will return such materials to the Customer.
7. Loss or Damage
Fontanez Recording Studio shall endeavor to secure all recording media (all CD master and/or external drives with data) owned by Customer, and left or stored on studio premises, but is not responsible for loss or damage. In the event of loss to or damage of Customer recording media due to willful negligence, Fontanez Recording Studio shall be responsible for replacement of no more than the value of the total replacement cost of the unrecorded tape and studio time to date devoted to recording media. Fontanez Recording Studio shall endeavor to secure all other property left on premises by Customer, (other than recording media) but is not responsible for loss due to theft, fire, act of God or other unnamed occurrence. Customer shall be responsible for any loss or damage to Fontanez Recording Studio property incurred by Customer, employees of Customer, guests of Customer, or agents of Customer acting under Customer instruction, as a result of misuse, negligence, and or carelessness.
8. External Hardrive
Fontanez Recording Studio requires an external hardrive from all Customers. External hardrives are use to store all and only the Customer project sessions (masters, songs, etc.) The external hardrive is to be provided by the Customer. Fontanez Recording Studio can provide an external hardrive if requested for a pre-payment of $200.00 by the Customer to Fontanez Recording Studio. After a project is completed the Customer has 30 days to provide Fontanez Recording Studio with an external hardrive.
9. Order cancellation
With our Feedback Service you have the chance to give feedback on our work directly to our mixing/mastering engineer, so your music can receive your final touch. First feedback is included with every mixing service.
10. Promotion and Social Media
Fontanez Recording Studio reserves the right to promote their finished work on Fontanezrecording.com, Soundcloud, Twitter, Facebook, Instagram and others offline or online social media networks, once its initially released by the Customer.
11. Approval Release
Fontanez Recording Studio reserves the rights to approve or reject any work done previous or during production completed by any producer, engineer, arranger, composer, and musician. Fontanez Recording Studio needs to approved any work done outside the Fontanez Recording Studio before being released for sale, promotional, physical CD, media or any offline or online social media networks.
12. Order cancellation
Fontanez Recording Studio reserves the right to refuse or cancel any order. Either party may cancel orders for products not yet produced by Fontanez Recording Studio at any time. The Customer will be responsible for all costs incurred by Fontanez Recording Studio related to pre-production or production of any product, prior to receipt of notice of cancellation. After such cancellation, the Customer’s materials and any completed product may be delivered to the Customer only after all sums owed to Fontanez Recording Studio have been paid in full by cash or check.