1. BOOKING TERMS AND CONDITIONS
1.1 By making a booking in person, via the Internet or by telephone, the Client agrees to and is
bound by the terms & conditions of this agreement.
1.2 These Terms and Conditions alone are to apply to all facilities hired and work done by the
Company for the Client and shall prevail over any terms and conditions put forward by the Client.
1.3 Sessions must be confirmed in advance by email or in verbal communication with details of expected numbers attending
and duration required.
1.4 The full period of the booking is chargeable, even if it is not used.
1.5 A minimum booking of 1 hour is required; half hours thereafter are bookable / chargeable.
1.6 All costs and quotes are final
1.7 Overtime (outside Monday to Friday 10am - 8pm) is subject to an additional charge as outlined
in the rates by HP Music.
1.8 RATES:
The price for your specific booking will be agreed in a direct email or verbal confirmation with HP Music.
1.9 AUDIO DELIVERY SPEC:
For any broadcast related project including TV, radio and cinema material, clients are required to
provide the Company in good time prior to the final mix session with the most up to date and
comprehensive delivery ‘Spec Sheet’ from the specific Broadcaster and/or Broadcast distribution
company hired by the client.
1.10 STEM BOUNCES:
For an additional fee HP Music will bounce down full stems of sessions.
1.11 SUBSCRIPTION AND ARTIST PACKAGES
All Subscriptions and monthly packages are payable by the end of the calendar month of which you gain more than 50% of your serviced hours allocated in your verbal agreement. Interest will be charged on overdue payments pursuant to applicable law. If payment has not been received by the due date above, the matter may be referred to a debt recovery agency and a surcharge added to the outstanding sum, A late fee or an administrative fee of up to 10% of the total invoice will be added.
2. STUDIO FACILITIES
2.1 The Company shall make the Studio and the Operators available to the Client for the Period of
Booking and shall produce the Master Recording at the direction of the Client or the
Representatives.
The Client shall only permit people directly involved in the Recordings to enter
the Studio and only during the Booking Period. The Company reserves the right to require any
person not so involved to leave the Studio.
2.2 The Client hereby acknowledges that it shall be responsible for:
2.2.1 ensuring the suitability of the Studio for the Client's purpose
2.2.2 ensuring that the Client's Equipment shall be compatible with the Studio
2.2.3 the technical quality of any recording engineered by personnel provided by the Client
2.2.4 any problems or damage caused by use of Clients Own Part Recorded Media (including any
virus damage) and that accordingly the Company gives no warranty as to the foregoing.
3. FEES AND CANCELATION CHARGES
3.1 The Client shall pay invoices no later than 30 days after the invoice date unless otherwise
agreed.
3.2 Interest will be charged on overdue payment pursuant to applicable law. If payment has not
been received by the due date above, the matter may be referred to a debt recovery agency and a
surcharge added to the outstanding sum.
3.3 Cancelled sessions (after confirmation) are subject to the following charges if HP Music have been
unable to fill the time with alternate bookings at HP Music’s Discretion:
100% of the balance is payable if cancelled within 24 hours of the session.
100% of the balance is payable if the client does not show up.
3.3b Cancelled sessions within 24-48 hours (after confirmation) are subject to the following charges if HP Music have been
unable to fill the time with alternate bookings at HP Music’s Discretion:
100% of the balance is payable and the hours will be moved to a later date due to the demand of the studio
3.3c Cancelled Artist sessions (after confirmation) are subject to the following charges if HP Music have been
unable to fill the time with alternate bookings at HP Musics Discretion:
50% of the balance is taken off the artist's total hours if cancelled within 24 hours of the session.
100% of the balance is taken off the artist's total hours if the client does not show OR the session cannot be replaced within 12 hours
3.4 Booking deposits are non-refundable
4. CLIENT MEDIA, PERSONNEL AND EQUIPMENT
4.1 The Client hereby warrants, undertakes and agrees that it shall ensure that the Client's
Personnel shall abide by the Studio's rules and regulations and that it shall be responsible:
4.1.1 for the actions of the Client's Personnel upon the Company's premises
4.1.2 for any and all injury, loss or damage to any person's equipment or premises caused by any
act or omission of the Client's Personnel, or as a result of any defect in or inappropriate
specification of the Client's Equipment or the Client's Own Media
4.1.3 for the cost of the hire of any Client's Equipment
4.1.4 for any costs and expenses incurred by the Company on behalf of the Client at the Client's
request
4.1.5 for any and all loss or damage to the Client's Equipment which shall be at the sole risk of the
Client
4.2 The Client shall vacate the Studio and remove all Clients’ Equipment forthwith at the end of
the Period of Booking.
5. CLIENT EXTERNAL FILES
5.1 The Studios facility operates strict security policies, and as such files and assets from clients
should be sent in advance of the session to allow adequate time to safely download files.
6. SOUND LEVELS
6.1 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.
7. RECORDINGS AND MATERIALS
7.1 Notwithstanding any other provision contained within the Conditions the Client hereby
acknowledges and agrees that all risk in the Materials when in transit or otherwise off the
Company's premises shall vest in the Client
8. INDEMNITY
The Client hereby covenants and undertakes to the Company that it shall indemnify the Company
against any injury, loss, damage, costs and/or expenses suffered by the Company arising from:
8.1 the Client's cancellation of the Booking including without limitation any reasonable costs or
expenses incurred by the Company in connection with the Booking
8.2 the Client's making, use or exploitation of the Recordings
8.3 the Client's breach of any of the warranties undertakings or agreements on its part to be
observed or performed by the terms of this Agreement
8.4 any loss or damage caused to the Company by Clients use of Clients Personal or Clients Own
Part Recorded Material.
9. CONTENT OF RECORDING
9.1 The Client warrants that nothing whatever shall be included in the Recording (or any software
introduced by the Client) which constitutes a breach or infringement of any copyright or which
shall be in any way illegal, scandalous or libellous and the Client will indemnify the Company
against any liability in respect thereof and shall pay all costs and expenses which may be incurred
by the Company in reference to any such claim. The indemnity shall extend to any amount paid on
a lawyer's advice in respect of any such claim
9.2 The Company shall not be required to reproduce any matter which in its opinion is or may be
of an illegal or libellous nature.
10. STUDIO BREAKDOWN OR ILLNESS WARRANTY
In the event of Studio Breakdown or Illness the Company shall at its option either replace (as soon as can
reasonably be arranged) the Studio facilities to which the Client was entitled by the terms hereof
and which have been lost as a result of such Studio Breakdown or credit or refund to the Client the
Booking Fee in respect of the Booking and shall have no liability or obligation to the Client beyond
these remedies.
11. MASTER RECORDING AND POST PRODUCTION WORK WARRANTY
11.1 The Client shall promptly notify the Company in writing of any defect in or loss of or damage
to the Master Recording of which it is made aware.
11.2 The Company shall use its reasonable endeavours to correct any such defect and to effect
replacement of such lost or damaged materials so notified to it or of which it is aware and which
are attributable to faulty materials or workmanship or the negligence of the Company
12. CLIENT DATA BACKUP POLICY
12.1 HP Music endeavor to securely backup all session files for a period of 2 years and this is included as
part of the standard booking charge. After this initial period we reserve the right to delete your
data unless you specifically request one of the following chargeable alternatives prior to the 2 year
point. Charges will vary depending on the quantity of data stored:
a. An extended backup period can be agreed, based on your
requirements.
b. HP Music can provide an external hard drive and transfer the data to you (Charges will apply)
13. COMPANY'S OVERALL LIABILITY
13.1 Notwithstanding any other provision contained within this Agreement the Company shall not
be liable to the Client or the Client's Personnel for any:
13.1.2 indirect or consequential loss or damage
13.1.3 economic loss including without limitation any loss of profits or goodwill or anticipated
savings arising from any fault in the Studio or any act or omission of the Company its servants
or agents in respect of this Agreement
13.2 The Company's liability under this Agreement shall be to the exclusion of all other liability to
the Client whether contractual, tortious or otherwise.
13.3 The Client accepts as reasonable that the Company's total liability in respect of the Booking
and/or the Post Production Work shall be as set out in this Agreement: in fixing those limits the
Client and the Company have had regard to the price and nature of the Booking and the Recording
Work and the terms hereof, and the level of expenses expected to be incurred by the Client in
respect thereof and the resources available to each party including insurance cover, to meet any
Liability.
14. FORCE MAJEURE
Notwithstanding any other term of this Agreement the Company shall not be under any liability
for any failure to perform any of its obligations under this Agreement due to Force Majeure.
Following notification by the Company to the Client of such cause, the Company shall be allowed a
reasonable extension of time for the performance of its obligations. For the purpose of this
Condition, 'Force Majeure' means: Act of God, explosion, flood, tempest, fire or accident;
• War or threat of war, sabotage, insurrection, civil disturbance or requisition
• Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any
governmental, parliamentary or local authority
Page 8
• Import or export regulations or embargoes
• Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of
the Company or of a third party)
• Difficulties in obtaining raw materials, labour, fuel, parts or machinery
• Power failure or breakdown in machinery