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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, ESTIMATES, & INVOICES
Invoice payments are due per the date listed on their respective invoices. Any invoice not fulfilled 24 HOURS PRIOR to session can be cancelled by Silverthorn Studios without notice. Invoice payments for full production (singles, albums, etc.) are due upon receipt.
Late payments are charged at 5% of the sum total for each late day, compounding daily.
The client agrees to pay the following rates outlined in the estimate for use of the studio's facilities, which shall include the services of an audio engineer, unless a different agreement is written elsewhere and visibly agreed to by the Studio & client. Estimates provided ahead of studio booking are approximate based on information given from the client, and are not the final price owed by the client. The total amount owed is based on the total hourly length of the session tracked in quarter-hour installments by the assigned engineer. The total amount is due within 24hrs of the end of the session. If estimated time allotment was short, a final payment will be owed directly after the session based on the session overtime hours. If the estimated time allotment was too long, a refund of the hourly cost in difference will be provided to the client. The client agrees to Silverthorn’s engineer’s and owner's estimate of session length, including any work done while the client was not present, such as, but not limited to, digital editing, mixing, and mastering.
STANDARD SESSIONS
$250 + hst per half-day (4 hours)
$480 + hst per full-day (8 hours)
$65/hr + hst for any additional hours including post session overtime hours
FULL PRODUCTION
$990 + HST for singles (with an assigned producer/engineer)
$3750 + HST for a 4-Song EP (with an assigned producer/engineer)
$8800 + HST for an 10-song album (with an assigned producer/engineer)
Rates are not guaranteed beyond the length of one project or session. On occasion, promotions and specials may result in lower prices than those stated above. That stated, Silverthorn Studios shall not change rates during the recording of a project. Payments can be made with cash, e-transfer, certified cheque, credit card (extra 3% charge), or paypal (extra 3% charge).
Bookings will be charged from the start time booked (whether the Client is present or not) and continues until the recording has ceased and clients are preparing to leave to facilities. Studio time charges are calculated on quarter hour slots and any part thereof. Time charged includes load in, load out, setup, tape alignment, recording, mixing, mastering, digital editing, data transfer, data backup, and CDR/DVD burning. The minimum time that can be booked for a session is 2 hours.
There will be no charge for stoppages. All breaks for meals will be counted as a stoppage provided that the studio is vacated by the Client. The engineer is entitled to a meal break for 30 minutes per 4 hour block of time, which shall be considered a stoppage. Time can only be deducted for technical breakdowns of the Studio's own equipment, which breakdown shall be deemed to be a stoppage.
2. MEDIA
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. Ongoing projects that are booking time on a regular basis (more than 20 hours per month) are exempt until project is deemed terminated by Silverthorn owners or engineers. 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.
lf the Client requests that the Studio arrange for the pick-up and/or return of rented equipment, Studio shall charge a 10% admin and handling fee for such services. Client is responsible for all delivery fees. The Studio shall not be responsible for the damage or loss of any such equipment during the loading, pick-up and/or return.
In the event that the Client requests additional Studio personnel other than an engineer, the services of such additional personnel shall be provided at a pre-agreed additional charge.
3. 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.
4. STUDIO RULES
If any of these rules are neglected, the Studio Owners have right to terminate service to the client without refund, and/or the right to enforce a $65-100 dollar fine on the client, due within 72 hours of notice.
5. RELEASE OF MATERIALS
The Studio will not release recording media to the Client until all money due to the Studio has been paid in full. All master recordings, multi-track sessions, and other recorded media including the copyright in the performances embodied therein are deemed to be the property of the Studio until all payments due are discharged in full. The Client will not be permitted to transfer any data from equipment owned by the Studio until full payment is made. Receipt of recording media by Client is acknowledgement between both parties that the quality of all services rendered by Studio is satisfactory to Client and Client shall release studio from any and all liability regarding said recording media and services rendered.
6. 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).
7. 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.
8. 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), 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, enforceability, or binding effect of this Agreement.
Reasonable modifications may be made to this agreement at any time by the studio founders, with notice provided. Semantic modifications, such as grammar, spelling corrections, and clarity of a paragraph/sentences initial point do not need to include notice.
lN WITNESS WHEREOF, by checking the circle below, all parties involved are in agreement as of the date the box is checked.
1. RATES, ESTIMATES, & INVOICES
Invoice payments are due per the date listed on their respective invoices. Any invoice not fulfilled 24 HOURS PRIOR to session can be cancelled by Silverthorn Studios without notice. Invoice payments for full production (singles, albums, etc.) are due upon receipt.
Late payments are charged at 5% of the sum total for each late day, compounding daily.
The client agrees to pay the following rates outlined in the estimate for use of the studio's facilities, which shall include the services of an audio engineer, unless a different agreement is written elsewhere and visibly agreed to by the Studio & client. Estimates provided ahead of studio booking are approximate based on information given from the client, and are not the final price owed by the client. The total amount owed is based on the total hourly length of the session tracked in quarter-hour installments by the assigned engineer. The total amount is due within 24hrs of the end of the session. If estimated time allotment was short, a final payment will be owed directly after the session based on the session overtime hours. If the estimated time allotment was too long, a refund of the hourly cost in difference will be provided to the client. The client agrees to Silverthorn’s engineer’s and owner's estimate of session length, including any work done while the client was not present, such as, but not limited to, digital editing, mixing, and mastering.
STANDARD SESSIONS
$250 + hst per half-day (4 hours)
$480 + hst per full-day (8 hours)
$65/hr + hst for any additional hours including post session overtime hours
FULL PRODUCTION
$990 + HST for singles (with an assigned producer/engineer)
$3750 + HST for a 4-Song EP (with an assigned producer/engineer)
$8800 + HST for an 10-song album (with an assigned producer/engineer)
Rates are not guaranteed beyond the length of one project or session. On occasion, promotions and specials may result in lower prices than those stated above. That stated, Silverthorn Studios shall not change rates during the recording of a project. Payments can be made with cash, e-transfer, certified cheque, credit card (extra 3% charge), or paypal (extra 3% charge).
Bookings will be charged from the start time booked (whether the Client is present or not) and continues until the recording has ceased and clients are preparing to leave to facilities. Studio time charges are calculated on quarter hour slots and any part thereof. Time charged includes load in, load out, setup, tape alignment, recording, mixing, mastering, digital editing, data transfer, data backup, and CDR/DVD burning. The minimum time that can be booked for a session is 2 hours.
There will be no charge for stoppages. All breaks for meals will be counted as a stoppage provided that the studio is vacated by the Client. The engineer is entitled to a meal break for 30 minutes per 4 hour block of time, which shall be considered a stoppage. Time can only be deducted for technical breakdowns of the Studio's own equipment, which breakdown shall be deemed to be a stoppage.
2. MEDIA
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. Ongoing projects that are booking time on a regular basis (more than 20 hours per month) are exempt until project is deemed terminated by Silverthorn owners or engineers. 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.
lf the Client requests that the Studio arrange for the pick-up and/or return of rented equipment, Studio shall charge a 10% admin and handling fee for such services. Client is responsible for all delivery fees. The Studio shall not be responsible for the damage or loss of any such equipment during the loading, pick-up and/or return.
In the event that the Client requests additional Studio personnel other than an engineer, the services of such additional personnel shall be provided at a pre-agreed additional charge.
3. 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.
4. STUDIO RULES
- For studio privacy and safety, do not share the studio address anywhere publicly. This includes social media, websites, posters and any other means that could be considered 'public'. Only share the studio address as needed to the people who are attending your session(s) through private communication.
- No smoking anywhere in the studio facility.
- 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 behaviours 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 your rentals and you must coordinate delivery and pick up with the Studio. Studio will accept rentals on your 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.
- 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 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, and/or the right to enforce a $65-100 dollar fine on the client, due within 72 hours of notice.
5. RELEASE OF MATERIALS
The Studio will not release recording media to the Client until all money due to the Studio has been paid in full. All master recordings, multi-track sessions, and other recorded media including the copyright in the performances embodied therein are deemed to be the property of the Studio until all payments due are discharged in full. The Client will not be permitted to transfer any data from equipment owned by the Studio until full payment is made. Receipt of recording media by Client is acknowledgement between both parties that the quality of all services rendered by Studio is satisfactory to Client and Client shall release studio from any and all liability regarding said recording media and services rendered.
6. 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).
7. 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.
8. 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), 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, enforceability, or binding effect of this Agreement.
Reasonable modifications may be made to this agreement at any time by the studio founders, with notice provided. Semantic modifications, such as grammar, spelling corrections, and clarity of a paragraph/sentences initial point do not need to include notice.
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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