Terms of studio use
A Sharp Recording Studio in Riverwood and Kiln Recording Studios in St Peters are owned and operated by AKA Music Pty Ltd (“We”/”Us”).
1. AGREEMENT OF TERMS – STUDIO USE
These terms and conditions of studio use relate to the hire of our recording studio facilities provided to the Client by AKA Music Pty Ltd. Any Client, Artist or Freelance Audio Producer Engineer that hires one of our recording studios to conduct their own audio service must be done so in accordance with this agreement. By hiring and using the recording studio facilities provided by Us, you agree, to adide by the terms and conditions within this agreement.
2. THE STUDIO FACILITIES
We shall ensure, with all reasonable care to the best of our ability, that the studio premises and equipment are safe for the intended purpose and available to complete the audio service that the client has hired the recording studio facility for. During the use of the studio facilities the client agrees to the following.
2.1 That the studio will only be used for the agreed audio service for which the recording studio facility was hired 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 or digital media in order to compete the audio service booked that the client brings to the studio is working properly for its purpose and agrees to take full responsible for any damage caused to our equipment by using the client’s 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 studio’s computer equipment.
2.4 The client, client’s staff and personnel, including those persons invited by the client, 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, non-vaping, no-alcohol policy at the studio. The client will be solely responsible for the behaviour and actions of the client’s personnel, staff or other authorized persons the client has requested or allowed to enter the premises.
2.5 Illegal substances are strictly prohibited and any use or appearance will report to the competent authorities immediately.
3. CONFIRMING SESSIONS AND HIRE FEE
To confirm a booking in the studio diary, an invoice relating to the full studio hired time will be raised to the client who is renting the space for their own use or that of their own paying customers. For those sessions that span for more than one day and at our sole discretion, we will request for a booking deposit to be paid so as to confirm the booking amounting to 50% of the bookings value.
A studio day session is 10 hours and a half day is 5 hours. The studios are not available for periods less that 3 hours. If a client wishes to work more than a 10-hour or 5-hour period then additional time in hours will be charged at the pro-rata rate.
Example,
Studio Rate of $590 Inclusive of GST for 10 hours. Hourly rate would be equal to $59 per hour inclusive of GST for each hour after the 10 hours.
At the completion of the session hire period, a final TAX invoice, including GST, will be issued and any deposit received prior to the invoice will be deducted from the final tax Invoice amount. The recording studio facilities cannot be booked for a period less than 3 hours.
In the case a client wishes to change the date of a booking, this is possible up to 72 hours before the original booking time without cost or charge to the client.
If a client wishes to cancel a session less than 72 hours before the session start time and move the session to an alternative date of similar duration then they are able to do so without cost or charge. Any pre-payment or booking deposit that has been paid will move to the same date. In the case that no payment has been received, then an invoice for the full amount for the new booking will be raised and if the invoice payment is not received within 3 business days, then the session that has been re-booked is cancelled.
In the case of a total cancellation for sessions less than 72 hours and unless otherwise agreed in writing, a cancellation fee of 50% of the session value is payable when the session is not re-booked. If a session less than 72 hours is cancelled and rebooked, but then subsequently cancelled again at a later date, then a cancellation fee of 50% of the session value is payable.
4. CLIENT’S EQUIPMENT, MATERIALS AND RECORDINGS
The client will be solely responsible for the client’s equipment (software, hardware and musical equipment) whilst the equipment is within the recording studio premises. If the client’s equipment is damaged or broken as a result of the client’s or client’s 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. It is the responsibility of the client to store, back-up and protect all audio (or video) files that result from hire of our facilities.
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 hire of our recording studio facility.
The client is responsible and will ensure that all of the client’s equipment, materials as well as any confidential information, including but not limited to information that could be considered intellectual property of the client, will be removed by the client 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 a recording stem, stems, complete recording or final complete session material contains any defect or is damaged and that defect of damage is found to be as a result of faulty equipment only, and not due to bad operation of the equipment by the operator engaged by the client, then the Client must inform Us in writing within 7 days so that we are able to take reasonable endeavours to investigate and rectify the issue. We, and solely we, reserve the right to decide the best way to resolve the situation fairly in the interests of both parties. This does not affect your statutory rights if you are a consumer.
5. 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, LAeq,8h 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.
6. INDEMNITY
The client undertakes to indemnify Us against injury, lose, damage reasonable costs or expenses resulting from the clients, client’s management, staff or agents making use or exploiting commercially of otherwise the recordings made in our recording studio facilities.
The client also undertakes to indemnify Us against injury, lose, damage, reasonable costs or expenses resulting from the client’s or client’s 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 loss or damage caused to Us by client’s use of clients personal or client own part recordings used at or recorded at our recording studio facilities.
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.
7. CREDIT AND USE OF MATERIAL
The Client may include a credit to our recording studio facilities which is distributed to the public. As such we give the client authorization to state the following.
Recorded (or /Mixed/Mastered) at (A Sharp Recording Studios or Kiln Studios)
You grant the right to Us, for the sole and unique purpose of demonstration and promoting the work completed at the studio, the use of artwork, images, likeness and marks on a non-exclusively basis, in perpetuity and throughout the world that have been released and are in the public domain. Any audio services that take place at A Sharp Recording Studio or Kiln Studios 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 Kiln Studios 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.
8. PRIVACY
Please read our Privacy Policy available on the home page.
9. STUDIO BREAKDOWN
If our recording studio facilities, due to technical issues are unable to provide the audio service as booked, We, retain the right to offer an alternative date as soon as possible which is viable for all parties. The client shall have no liability beyond these options. Further, if a session is delayed due to technical issues during a session that makes it impossible to continue the session until the technical issue is resolved, then time equal to that time required to fix said technical issue will be added to the session without further cost to the client.
10. LIMITATION OF OUR LIABILITY
As per the full extent allowable by law, AKA Music Pty Ltd, its directors, officers, agents and freelance engineers providing the recording studio facilities 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 hire of our recording studios facilties as set out will be limited to the amount equal to the amount paid by you for the service that the claim arises from. This does not affect your statutory rights if you are a consumer.
Further, if you are hiring one of our recording studio facilities with the intention of providing a service for your own paying client, we remind you that you have a duty of care to ensure the safety of your clients while they are on our premises. If your client falls or sustains an injury, they may potentially make a claim against you for negligence. We strongly urge you to have your own Public Liability Insurance to protect you by covering legal costs and eventual compensation if you are found liable. If you are unsure about your responsibly then you should consult with a qualified insurance professional or lawyer.
11. MISCELLANEOUS
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.