Silverthorn Studios
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Rental Booking Agreement
& Terms of Service
SILVERTHORN STUDIOS BOOKING AGREEMENT & TERMS OF SERVICE
This agreement is between the “Studio” (Silverthorn Studios of 166A Silverthorn Avenue, M6N 3K3, Ontario, CAN) and the “Client” whose name and information is submitted on the Client Information & Agreement Confirmation Form at bottom of this page, dated as of the day when the form is submitted, including the checking of the "I Agree" circle.
1. RATES & INVOICES
The client agrees to pay the following rates outlined for use of the studio's facilities:
$675 CAD Plus HST (13%) for 64 hours of studio access within a month's period.
Or $350 CAD Plus HST (13%) for 32 hours of studio access within a month's period.
Payments can be made with cash, e-transfer, certified cheque, credit card (extra 3% charge), or paypal (extra 3% charge).
Invoices will be sent by the Studio at a reasonable time (About a week prior) for the upcoming month.
Invoice payments are due 48 HOURS PRIOR to the beginning of each month of the term. Any invoice not fulfilled 48 HOURS PRIOR to the 1st of each month may result in access to the studio being blocked to the client. Late payments are charged at 5% of the sum total for each late day, compounding daily.
2. TERMS OF RENTAL
Each term begins at 12 am on a day determined by the Client & Studio, and continues for six months, with the option of extension.
The client pays month to month, and may choose to end the term before six months is concluded, with at least two weeks notice.
This agreement continues on a term to term basis until terminated by either party.
Hours from one month are allowed to be 'carried over' into their next adjacent month, but there is an understanding that the client will use their allotted hours per month whenever possible. Hours may be carried over month to month, but not term to term.
If at the end of a term, there are a substantial amount of extra hours that the client still wishes to use, the client may be required to pay for an additional month of studio rental in which they have to use those hours, as it may interfere with the studio's availability for other paying renters.
The studio will tally up the total hours of use at the end of the client's term - if the total hours allotted for their term is exceeded, the studio may choose to bill at $12 an hour for additional hours of use by the client.
The Client shall make use of the Studio Google Calendar in order to list their hours of booking. The Client will book in windows of time that do not conflict with current bookings visible to the calendar, and will call or text the applicable studio owner/renter if they request a booking be moved to accommodate them. Such requests will not necessarily be fulfilled. The client will not manipulate the Google Calendar to their benefit, IE. reflect their studio use-age dishonestly by putting in fewer hours than were actually used, removing bookings made by other studio users, or anything else that may be reasonably considered unfair or manipulative by the studio owners.
Client sessions rescheduled/reduced in their promised length less than 24 hours prior to the session may still be considered (in full) as part of the client's monthly hours, up to the discretion of the studio owners.
The Client will be provided access to a lock box code or other means in order to receive a key for entering the studio space. A specialty alarm disarming code will be created for the Client that they will be responsible for remembering and implementing upon entry to the studio.
Upon completion of their booking, the Client will turn the alarm back on, lock the studio door, and return the key to the lock box, or directly to the Studio owners.
3. MEDIA
In the event the client requires use of any of Silverthorn's computers for file storage, Bi-weekly backup to the studio's local secure Backup Server is free for 28 days after the last recording session, after which period it will be charged at $15/month or be permanently deleted from all Silverthorn drives and backups. lf the Client requires the Studio to provide any recordable media, the Client shall request and agree to the price of such media before the provision thereof by the Studio. While the Studio may take reasonable measures to secure its servers, the Studio does not guarantee the security of its Backup Servers and makes no representations or warranties in this regard. The Studio recommends that Client provide their own separate backup media drive for additional security. In any event, the Client shall be solely responsible for its own backup and the Studio shall have no liability whatsoever in such regard.
The Client will be responsible for the integrity of the Client's recordable media and the Studio shall not be liable whatsoever for any deficiency in or caused by such media.
The Studio shall not be responsible for the damage or loss of any such equipment during the loading, pick-up and/or return.
4. CLIENT PROPERTY
The Studio shall reasonably endeavor to secure all recordable media owned by the Client, and left or stored on Studio's premises for a period of 90 days, but Studio is not responsible for loss or damage. In the event of loss or damage of the Client recording media due to Studio's willful negligence, Studio shall be responsible for replacement of no more than the value of the total replacement cost of the recorded media.
The Studio shall reasonably endeavor to secure any property other than recording media that the Client leave on the premises, but Studio is not responsible for loss due to theft, fire, act of God, or any other unnamed occurrence. Any property left on Studio's premises 30 days after completion of a recording session or service shall become the property of Studio.
5. STUDIO RULES
If any of these rules are neglected, the Studio Owners have right to terminate service to the client without refund.
7. SAMPLES
The Client shall be solely liable and responsible for obtaining all "sample" clearances for any and all "samples" as such term is understood in the music industry, and for any and all costs or damages, which may be incurred by or on behalf of Studio should any samples be embodied on any recordings made by Studio. In the event that the Studio or any of its staff suggest or provide any "samples" to the Client for use in connection with their recordings, neither the Studio nor its staff shall be deemed to have made any representations, warranties or guarantees with respect to such "samples" or the clearance for use thereof; it being agreed that such "samples" shall be subject in all respects to the terms of this section (whether or not they have been suggested or provided by the Studio or its staff).
8. STUDIO MALFUNCTION
In the event of a Studio breakdown, the Studio 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 hourly fees paid and shall have no liability or obligation to the Client beyond these remedies. In the course of recording, minor delays due to technical difficulties relating to the Studio's equipment may occur in session. The client will not be billed for hours due to delays in technical malfunction.
9. GENERAL
lf the Studio provides services to a corporation or partnership, the Client signing this Agreement of the corporation represents or partnership that the Client and is their the owner, owners, or is partners. Otherwise owners authorized and to partners contract jointly on behalf and severally personally guarantee the payment of all charges incurred in the name of the corporation or partnership, in the event that such entity is not financially able to do so on a timely basis. The Client shall be liable for any costs the Studio incurs in collecting on the Client account if it is overdue. Such costs include, but shall not be limited to, postage, time spent by the Studio collecting on the Client account (such charges to be billed at Studio's standard hourly rate of $65 CAD per hour), legal fees, disbursements, and court costs.
This Agreement shall be binding upon and enure to the benefit of the parties and their respective heirs, executors, personal representatives, successors, and assigns. Nothing contained in this Agreement, nor any acts of either party will be deemed to constitute the parties as partners, joint venture participants, or principal and agent. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise. No waiver of any breach of any provision of this Agreement will be deemed to be a waiver of any subsequent breach of that provision.
This Agreement is the entire agreement between the parties with respect to the subject matter hereof and no modification all parties.
This Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
This Agreement may be executed in separate counterparts by the Parties and each counterpart shall when executed and delivered be an original document, but all counterparts put together constitute one and the same instrument. Delivery of an executed counterpart of this Agreement by facsimile or transmitted electronically in either a tagged image format file (“TlFF”) or portable document format ("PDF") shall be equally effective as delivery of a manually executed counterpart of this Agreement. Any Party delivering an executed counterpart of this Agreement by facsimile, TIFF or PDF shall also deliver a manually executed counterpart of this Agreement, but failure to do so shall not affect the validity or binding effect of this Agreement.
This agreement may be reasonably modified at any time by the Studio owners, with notice provided to the client.
lN WITNESS WHEREOF, by checking the circle below, all parties involved are in agreement as of the date the box is checked.
1. RATES & INVOICES
The client agrees to pay the following rates outlined for use of the studio's facilities:
$675 CAD Plus HST (13%) for 64 hours of studio access within a month's period.
Or $350 CAD Plus HST (13%) for 32 hours of studio access within a month's period.
Payments can be made with cash, e-transfer, certified cheque, credit card (extra 3% charge), or paypal (extra 3% charge).
Invoices will be sent by the Studio at a reasonable time (About a week prior) for the upcoming month.
Invoice payments are due 48 HOURS PRIOR to the beginning of each month of the term. Any invoice not fulfilled 48 HOURS PRIOR to the 1st of each month may result in access to the studio being blocked to the client. Late payments are charged at 5% of the sum total for each late day, compounding daily.
2. TERMS OF RENTAL
Each term begins at 12 am on a day determined by the Client & Studio, and continues for six months, with the option of extension.
The client pays month to month, and may choose to end the term before six months is concluded, with at least two weeks notice.
This agreement continues on a term to term basis until terminated by either party.
Hours from one month are allowed to be 'carried over' into their next adjacent month, but there is an understanding that the client will use their allotted hours per month whenever possible. Hours may be carried over month to month, but not term to term.
If at the end of a term, there are a substantial amount of extra hours that the client still wishes to use, the client may be required to pay for an additional month of studio rental in which they have to use those hours, as it may interfere with the studio's availability for other paying renters.
The studio will tally up the total hours of use at the end of the client's term - if the total hours allotted for their term is exceeded, the studio may choose to bill at $12 an hour for additional hours of use by the client.
The Client shall make use of the Studio Google Calendar in order to list their hours of booking. The Client will book in windows of time that do not conflict with current bookings visible to the calendar, and will call or text the applicable studio owner/renter if they request a booking be moved to accommodate them. Such requests will not necessarily be fulfilled. The client will not manipulate the Google Calendar to their benefit, IE. reflect their studio use-age dishonestly by putting in fewer hours than were actually used, removing bookings made by other studio users, or anything else that may be reasonably considered unfair or manipulative by the studio owners.
Client sessions rescheduled/reduced in their promised length less than 24 hours prior to the session may still be considered (in full) as part of the client's monthly hours, up to the discretion of the studio owners.
The Client will be provided access to a lock box code or other means in order to receive a key for entering the studio space. A specialty alarm disarming code will be created for the Client that they will be responsible for remembering and implementing upon entry to the studio.
Upon completion of their booking, the Client will turn the alarm back on, lock the studio door, and return the key to the lock box, or directly to the Studio owners.
3. MEDIA
In the event the client requires use of any of Silverthorn's computers for file storage, Bi-weekly backup to the studio's local secure Backup Server is free for 28 days after the last recording session, after which period it will be charged at $15/month or be permanently deleted from all Silverthorn drives and backups. lf the Client requires the Studio to provide any recordable media, the Client shall request and agree to the price of such media before the provision thereof by the Studio. While the Studio may take reasonable measures to secure its servers, the Studio does not guarantee the security of its Backup Servers and makes no representations or warranties in this regard. The Studio recommends that Client provide their own separate backup media drive for additional security. In any event, the Client shall be solely responsible for its own backup and the Studio shall have no liability whatsoever in such regard.
The Client will be responsible for the integrity of the Client's recordable media and the Studio shall not be liable whatsoever for any deficiency in or caused by such media.
The Studio shall not be responsible for the damage or loss of any such equipment during the loading, pick-up and/or return.
4. CLIENT PROPERTY
The Studio shall reasonably endeavor to secure all recordable media owned by the Client, and left or stored on Studio's premises for a period of 90 days, but Studio is not responsible for loss or damage. In the event of loss or damage of the Client recording media due to Studio's willful negligence, Studio shall be responsible for replacement of no more than the value of the total replacement cost of the recorded media.
The Studio shall reasonably endeavor to secure any property other than recording media that the Client leave on the premises, but Studio is not responsible for loss due to theft, fire, act of God, or any other unnamed occurrence. Any property left on Studio's premises 30 days after completion of a recording session or service shall become the property of Studio.
5. STUDIO RULES
- No smoking anywhere in the studio facility.
- Cigarette 'butts' will be disposed of responsibly on an ashtray, and will not left littered on the ground around the facility. An ashtray should be in the far corner outside of the studio, on a barrel beside our AC fan.
- No pets allowed in the studio facility.
- No illegal substances are allowed on the property.
- Any Client, or any of its employees, representatives, guests, or agents behavior deemed unprofessional while under the influence of any substance will result in immediate termination of this agreement. No drinks are to be consumed near any equipment.
- There can be no nudity or sexually explicit images photographed or filmed at the Studio unless prior approval from the Studio is granted. No racist, sexist, violent, or demeaning images or behaviors are tolerated.
- Client shall be responsible, on a replacement cost basis, for any loss or damage to Studio property incurred by Client, employees of Client, guests of Client, or agents of Client acting under Clients instruction, as a result of misuse, negligence, and or carelessness. The Studio is not responsible for Client's equipment or persons in any way under such circumstances. Client shall also be responsible for any revenues lost by Studio due to downtime as result of the loss or damage including the downtime required to perform repairs
- Studio is not responsible for client rentals and client must coordinate delivery and pick up with the Studio. Studio will accept rentals on client's behalf but client must confirm the order upon its arrival.
- Client, or any of its employees, representatives, guests, or agents must stay within the approved work area and common areas. Approved work areas include: the front hallway, live room, vocal booth, mixing room, attic, kitchen (house), front hallway and bathroom (house). Areas not included: the studio basement (without Studio owner's consent), bedrooms (house), and house basement (house).
- Use of the house kitchen and bathroom are permitted during Client's booked studio hours. No permission is needed to enter the house during these respective time slots, but the client must be quiet and respectful if they are entering the house after 10 PM, and potentially earlier (at the studio owner's discretion).
- Client, or any of its employees, representatives, guests, or agents must store all flammable materials outside of the building.
- Client must be responsible for removal of any and all garbage, recycling, or waste elements that exceed Studio's provided containers.
- Client agrees that permission from Studio is required to change, alter, or rearrange any furnishings or equipment on the Property belonging to Studio. In such case Client shall return and restore said furnishings or equipment to its original place and condition after their session. Client is responsible for any damages and will be charged for all repairs.
- All work must be completely reversible. There must not be anything nailed, taped, painted, or otherwise attached to the structure, furnishings, or equipment. All equipment, furnishings and/or props brought into the building must be carried across not rolled, pushed, or dragged on Studio floors. All cables along the floor must be secured with GAFF tape for safety. Absolutely no duct tape can be used anywhere on the premise.
If any of these rules are neglected, the Studio Owners have right to terminate service to the client without refund.
7. SAMPLES
The Client shall be solely liable and responsible for obtaining all "sample" clearances for any and all "samples" as such term is understood in the music industry, and for any and all costs or damages, which may be incurred by or on behalf of Studio should any samples be embodied on any recordings made by Studio. In the event that the Studio or any of its staff suggest or provide any "samples" to the Client for use in connection with their recordings, neither the Studio nor its staff shall be deemed to have made any representations, warranties or guarantees with respect to such "samples" or the clearance for use thereof; it being agreed that such "samples" shall be subject in all respects to the terms of this section (whether or not they have been suggested or provided by the Studio or its staff).
8. STUDIO MALFUNCTION
In the event of a Studio breakdown, the Studio 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 hourly fees paid and shall have no liability or obligation to the Client beyond these remedies. In the course of recording, minor delays due to technical difficulties relating to the Studio's equipment may occur in session. The client will not be billed for hours due to delays in technical malfunction.
9. GENERAL
lf the Studio provides services to a corporation or partnership, the Client signing this Agreement of the corporation represents or partnership that the Client and is their the owner, owners, or is partners. Otherwise owners authorized and to partners contract jointly on behalf and severally personally guarantee the payment of all charges incurred in the name of the corporation or partnership, in the event that such entity is not financially able to do so on a timely basis. The Client shall be liable for any costs the Studio incurs in collecting on the Client account if it is overdue. Such costs include, but shall not be limited to, postage, time spent by the Studio collecting on the Client account (such charges to be billed at Studio's standard hourly rate of $65 CAD per hour), legal fees, disbursements, and court costs.
This Agreement shall be binding upon and enure to the benefit of the parties and their respective heirs, executors, personal representatives, successors, and assigns. Nothing contained in this Agreement, nor any acts of either party will be deemed to constitute the parties as partners, joint venture participants, or principal and agent. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise. No waiver of any breach of any provision of this Agreement will be deemed to be a waiver of any subsequent breach of that provision.
This Agreement is the entire agreement between the parties with respect to the subject matter hereof and no modification all parties.
This Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
This Agreement may be executed in separate counterparts by the Parties and each counterpart shall when executed and delivered be an original document, but all counterparts put together constitute one and the same instrument. Delivery of an executed counterpart of this Agreement by facsimile or transmitted electronically in either a tagged image format file (“TlFF”) or portable document format ("PDF") shall be equally effective as delivery of a manually executed counterpart of this Agreement. Any Party delivering an executed counterpart of this Agreement by facsimile, TIFF or PDF shall also deliver a manually executed counterpart of this Agreement, but failure to do so shall not affect the validity or binding effect of this Agreement.
This agreement may be reasonably modified at any time by the Studio owners, with notice provided to the client.
lN WITNESS WHEREOF, by checking the circle below, all parties involved are in agreement as of the date the box is checked.
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Client Information & Agreement Confirmation Form |
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Contact416-878-7735
647-378-2901 silverthornstudios@gmail.com We are located nearby St. Clair & Old Weston road in the Stockyards area of Toronto, Ontario. Please contact us for complete directions. |
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