Studio: means Jay Wat Production Studio located at 345 E 8th St. National City, CA, US 91950.
Client: means the person or company referred to on the booking message/invoice.
For the purposes of this and future agreements, the term “Studio” refers to Jay Wat Production Studio located at 345 E 8th St. National City, CA, US 91950. In like manner, the term “Client” refers to the person or company named on the booking message, invoice or Rental Agreement.
1. The Client agrees to pay for studio time at the rate in effect at the time of booking. The specified non-refundable deposit is required to confirm studio booking. Rates are subject to change without notice. Minimum session time is three (3) hours for studio rental without sound engineer and two (2) hours for studio rental with sound engineer.
2. The Studio will provide studio time and the services of a recording engineer for the duration required by the Client (unless instructed otherwise). Any additional time required for providing Studio services, including, but not limited to, mixing, mastering, creating additional versions, stems and adding to or modifying tracks require additional fees.
3. The Client is responsible for all amounts due and shall make payments to the Studio by cash or credit/debit by the end of the session. Any additional charges incurred must be paid on the completion of the recording session. The Client is responsible for any and all legal costs and attorney’s fees required to collect payment for any services rendered.
4. If the Client requires the services of session musicians (including vocalists), the client will be responsible for all arrangements and paying said musicians. If the Client requests the Studio to arrange for session musicians to be at the recording session, the arrangements will continue to be between the musicians and Client. The Studio is not responsible for any actions by the requested musicians (ie; late/no-show, poor performance). In most cases, payment for additional musicians will be expected at the time services are rendered. The Studio recommends that the Client enter into a separate written agreement with the session musicians prior to the date and time of the booked session.
5. In the event of cancellation or rescheduling of a booked recording session or other scheduled services by the Client with less than a 48-hour notice BEFORE the scheduled session, the Client agrees to forfeit the deposit placed to hold the booked session time. For sessions scheduled less than 48-hours before the session, the deposit is non-refundable. All deposits for sessions booked as part of a promotion are also non-refundable.
6. If the Client arrives late for a scheduled session, he will be responsible for payment of the period of time he was scheduled and the time will not be extended. This amount includes payment for a sound engineer, if included on the booking agreement. If the Client is late in excess of 15 minutes, the Studio reserves the right to cancel the session and the Client forfeits all deposits.
7. If the Studio is required to cancel a session due to unavoidable circumstances not within the Studio’s control (ie; engineer illness, natural disaster), the Studio will reschedule the session for the earliest available time consistent with the needs of the Client. In the event that neither the Client nor the Studio can reach an agreement on a date and time for re-schedule, the Studio shall refund the full deposit amount to the Client.
8. When Studio session/rental is booked, the time the Client has requested is then reserved for the Client and becomes unavailable for others to rent, If the Client chooses to end the session early, the Client will still be responsible for payment for the entire time in which they have reserved. The Client will not be entitled to a refund or credit if they choose not to utilize the time reserved in its entirety..
The Client may reduce the time of a scheduled session by contacting the Studio at least 48 hours BEFORE the start of the session, as long as the reduced time adheres to the Studio’s Terms regarding Booking Minimums. If the Client fails to request a reduction within the specified time, , the reserved time can not be reduced and the previous Terms will remain in effect. Studio Rentals booked less than 48 hours before the start of the session cannot be modified.
Engineers are not authorized to negotiate a time reduction after a session begins.
9. All Studio time extension requests are contingent upon Studio availability and must be paid in advance. Regular rates apply to additional Studio time and services provided. If original session was booked through a promotion, the extended time will be charged at the regular Studio rate at the time of the session.
10. Studio “Time” includes set-up, break-down, breaks taken by the Client/Artists and engineer. For sessions lasting 8 hours and longer, the engineer will be entitled to a 30 minute meal break per session. All such time is on-the-clock.
11. The Studio will not issue a refund AFTER a recording session has been performed and/or MP3 or WAV files have been delivered to the Client. We make every effort in working with the Client to deliver the highest quality product per the Client’s expectations. Studio Rental and other services are also non-refundable.
12. The Studio shall not transfer recording files or copies thereof to the Client or Client’s representative until all outstanding balances are paid in full. Until such time as the Client has met the monetary terms of the Studio’s Rental Agreement, all recording files will be left at the Studio. When the Client has successfully fulfilled their monetary obligation to the full satisfaction of the agreement, the Studio will release the recording files to the Client. Any and all material protected by copyright shall remain the property of the copyright holder.
13. The Studio will NOT backup the Client’s recording files. All session files shall be released to the Client or Client’s representative at the end of the recording session. It is the Client’s responsibility to provide a personal flash/hard drive to the Studio for the purpose of downloading/releasing the recording files to the Client in their entirety. Alternately, the Studio may transfer all recording files to the Client by attaching a link containing the files and sending to the Client’s email address of record. Any such link will be valid and accessible to the Client for a period of seven (7) days. On the eighth (8th) day, all files will be permanently deleted unless the Client has made other arrangements with the Studio in advance.
14. If the Client rents the studio facilities without the Studio’s engineer, the Studio is not responsible for any files left on the Studio’s computers at the conclusion of the recording session. Due to Privacy and Security purposes, all files will be permanently deleted from all computers immediately following the Client’s session.
15. The Client shall maintain sole responsibility for all personal items brought to the Studio. The Studio itself holds no liability for any of the Client's personal property that is lost or stolen while on Studio grounds.
16. The Client shall be responsible for any loss or damage to the Studio or the Studio’s property that is caused as a direct result of misuse, negligence and/or careless actions by the Client or any part of the Client’s party.
17. If the Client chooses a Studio Rental WITHOUT an engineer, the Client assumes full responsibility for the condition of the premises upon departure. The Client also agrees to pay to the Studio all fees necessary to return the Studio to the pre-rental condition should the Studio be left unclean or in any type of disrepair.
18. The Client hereby claims sole responsibility for obtaining any and all licenses needed before duplication or replication of any works in which the Client does not lawfully own the rights to. It would be in the Client’s best interest to assign ISRC codes for each recorded track, which should be embedded in the digital media when the master is produced. The Client also assumes full responsibility for any and all fees associated with obtaining such licenses and codes.
19. Any violation of these terms and conditions by the Client or any member of the Client’s party is grounds for immediate termination of this agreement. At such time that this agreement is terminated, Client and all persons included in Client’s party shall be escorted from the property and the Client forfeits all deposits already paid to the Studio. Client will then be banned from use of the Studio’s facilities, including all Sister Recording Studios. The Studio or Studio Representative reserves the right to refuse service to anyone and/or determine when a violation of these terms has occurred.
20. The Client hereby releases the Studio from any liability for harm or damage that may occur to property, equipment or persons in Client’s party while on Studio grounds.
21. Studio clients and their guests are not allowed to bring any type of pet, such as a dog or a cat, in the Studio facility. Violation will result session cancelation without any refund.
22. The Client hereby agrees that the Studio, under its own discretion, may use their photos, voice, works, name or likeness for purposes of promoting the studio. This will be done through Social Media, Blog, news and any other appropriate platform where a Client’s talent will be showcased for the benefit of the Studio. The Studio upholds in high regard the privacy of the Clients. For this reason, the Studio will never sell, share or download the Client’s recordings without prior written consent from the Client.
23. Should any portion of this Agreement prove to be unlawful or invalid, the remainder of the agreement shall continue to be upheld as a valid and binding contract. This Agreement is governed by the laws and statutes of United States of America. In the event of a disagreement between the Client and the Studio regarding the performance of the Agreement, both parties hereby agree to attempt to resolve their issues through mediation. If an agreement can not be reached through mediation, the order set forth through litigation will be followed according to the terms of that order and attorney’s fees will be paid by the party found to be at fault..
24. This constitutes the entire agreement between the Client and the Studio. Any changes must be in writing, signed and agreed upon by both parties. By entering into a booking agreement, the Client confirms that they have read, and fully understands the terms and conditions and does hereby agree to all provisions.