Recording Studio Refund Policy and Terms and Conditions
“Services” means the provision of recording services.
“Project” means the recordings for which Orchard’s Services have been engaged.
“Quote” means the estimated duration of the Project for which Services will be required.
“Fee” means the payments described in paragraph 3.
“Equipment” means any instruments, amplifiers, hardware including microphones, outboard, mixing desks, cabling or other such devices and software required to provide the Services for the Project.
“3rd Party Services” means any services supplied by a 3rd party which Orchard cannot directly provide such as (but not limited to) session musicians, producers or companies providing specialist recording expertise.
“Tweaks” means minor changes to a recording which does not require additional recordings to be made or require large scale reconstruction of the track and can include such changes as alterations to EQ, compression, volume, balance, automation, effects and timing changes within the scope of the existing recordings.
Quotes and Booking
- On enquiry Orchard will endeavour to produce an accurate initial quote for the Services required to complete the Client’s Project based on prior discussion of the requirements with the Client.
- Quotes are subject to change at the discretion of the Studio Manager if Project requirements change significantly before, during or after the recording session(s) and should be used as a guide and to keep track of the overall cost of provision of the Services.
- The Client may decide to extend a Project subject to studio and engineer availability and any additional Fee will be included on the final invoice.
- Any additional Equipment or 3rd Party Services required for the Project which must be hired in will be at the expense of the Client and must be paid for in full at the time of booking. These additional Fees are non-refundable unless agreed with the Studio Manager.
- Booking of the Services will be confirmed on payment of 25% of the initial quoted Fee and constitutes acceptance of this Agreement.
- Amendments to the booking dates may be made no later than 4 weeks prior to the Start Date, subject to Studio availability.
- Deposits become non-refundable if a Project is cancelled within 4 weeks of the Start Date.
- A final invoice will be submitted to the Client on completion of the Project detailing full and final costs due and payment terms.
Obligation to Deliver
Orchard shall endeavour to provide the Services detailed in the Quote, subject to clause 1.2.
- Unless otherwise required Orchard will provide the Services at its premises.
- A set of Tweaks may be requested within one week of delivery of the recordings and will be completed free of charge.
- If after one week no Tweaks have been requested or if confirmed verbally or in writing as complete then the recording will be deemed complete and any further changes will be charged at the standard studio Fees.
- The Client will be provided with a link to download the completed recordings for a minimum one week after completion and CDr copies of the recordings (1 per person) will be supplied with additional copies at the cost of materials and Studio time.
- A copy of the full session data will be provided to the client on completion of the project and the full session data will be archived for 3 months at the Studio, however the Studio will not be responsible for maintaining the data and data recovery may not be possible.
Fees, Working Hours and Overtime
- A normal day’s work consists of 8 hours from 10am – 6pm with a 30 minute break for lunch and applies to both studio and location recording.
- A normal day’s work is charged at £180 or £90 per half day consisting of 4 consecutive hours starting at either 10am or 2pm.
- Outside of normal working hours a rate of £35 per hour is chargeable and the decision to start or extend a session outside of the normal working hours is at the discretion of the Client.
- Working hours can be altered on request and at the discretion of the Studio Manager.
- Tweaks not covered by clause 2.3 will be charged at a rate of £35 per hour.
- Quotes and booking of additional Equipment or 3rd Party Services required for the Project can be obtained by Orchard for and on behalf of the Client and any charges will be the responsibility of and passed directly on to the Client as per clause 1.4.
- Where location recording is required, travel to and from the location will be charged at £0.45p per mile.
- Payment for the Services must be received within the agreed payment terms and no final recordings or session data shall be released nor shall ownership in the sound recordings be transferred to the Client until final payment has been received.
- Balances which are not paid within the agreed payment terms will be subject to the Late Payment of Commercial Debts (Interest) Act 1998 and interest will be accrued on any outstanding balance at the statutory interest rate of the Bank of England base rate plus 8%.
- The Client indemnifies Orchard against any claim which may arise due to the exploitation of works recorded at Orchard where relevant permissions have not been obtained by the Client prior to exploitation.
- The Client may opt for Orchard to act as producer for the Project at no extra cost. If the Client chooses Orchard to act as producer then Orchard exercises its right to receive the following credit on all labels, sleeves of all configurations of product and any paid trade advertising: “Recorded and Produced at Orchard Recording Studios”.
Limitation of Liability
- Nothing in this Agreement excludes any liability which Orchard may not lawfully exclude under contract, including but not limited to personal injury or death caused by Orchard’s negligence.
- The Client agrees that Orchard will have no liability and will not be obligated to make any refund and shall otherwise not be responsible in the event of any: Delay, cancellation, or strike, riots, floods, acts of god, security breach, technological failure, health scares, or any other cause beyond our control, and further that Orchard shall not have any responsibility for any additional expense resulting from any such acts or events or from any acts of any government or authority.
- In no event shall Orchard be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, the use of the Studio, whether based on contract, strict liability, or otherwise, even if Orchard have been advised of the possibility of damages, except where Orchard may not lawfully exclude such liability under contract.
- Orchard accepts no responsibility for loss of or damage to any articles (including personal belongings) brought on to the premises by the Client or their entourage.
Damage & Theft
- The Client is responsible for all Equipment and every person whom is booked on their behalf. If, at any time during your time at the Studio or thereafter, damage or theft of Orchard’s property is discovered, the Client will be charged for the replacement or repair (at the Studio Manager’s discretion).
- The Client will be expected to leave the Studio in the condition in which it was found and ensure that personal belongings and any litter are removed at the end of the Studio session.
- There is a strict no smoking policy at the Studio. Orchard reserve the right to remove any person who is caught in violation of this policy.
- The Client shall not use the Studio in any way which may result in annoyance or disturbance to the other occupiers or users of the premises surrounding the Studio. Orchard reserve the right to remove any person whose behaviour is considered inappropriate in the Studio Manager’s absolute discretion. No refund will be payable if a person is removed.
- The Client will be responsible for keeping proper order during their time in the Studio and for ensuring that all invitees conduct themselves in an appropriate manner and comply with all rules of the Studio. The Studio Manager reserves the right to refuse to admit to, or direct the removal from, the Studio of any person who, in the Studio Manager’s opinion, is not in a fit and proper demeanour to be on the premises, this includes but is not limited to a state of sobriety.
- CCTV is in operation at all times on site.
- The Studio cannot be held responsible for any damage or loss to any vehicles or personal belongings left on site, including items left on site over night.