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Producer's Agreement
& Terms of Service
SILVERTHORN STUDIOS PRODUCER'S 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.
This agreement pertains to instances where the Studio has found a musician in need of a Producer (client), whereby a selected producer is given the opportunity to produce the musician's song, and payment is split between the studio and the producer, with varying splits and rates dependant on the deal reached between the Studio and musician.
1. RATES, PAYMENTS, & INVOICES
The client does not pay for rental space as the Studio's rental cut is taken from the initial payment from the musician to the Studio. Studio hours are to be tracked regardless by the client and reported to the studio after the project has been completed.
When the final song file has been sent to the musician marking the completion of the project, the client (producer) must submit a receipt to the studio email address (silverthornstudios@gmail.com) outlining the number of hours used as well as the dates and times that were booked and used in total for the project within 7 days.
Payment to the client from the studio will be sent up front, usually by e-transfer. Payment covers the cost of any work involved producing the musician's track, whether it's done at the studio or not. 'Producing' constitutes the full tweaking, writing, arranging, and recording of a song. A 'finished' track constitutes a song that is ready to be mastered. Mastering is not included in the price and is not required to be done by the client.
Any contract or agreement between the client and musician about songwriting splits, sync-rights, royalties, etc., is separate and unrelated to the studio, its business, and finances. The studio will not be held accountable for any disputes regarding such matters.
2. TERMS OF RENTAL
This agreement applies to all projects that happen at the studio involving the client and a musician after the signing of this contract. This includes future musicians who may come seeking a producer and extends to each project as it arises.
The Client shall make use of the Studio Google Calendar in order to book their sessions with the musician. 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.
The Client is responsible for all communication with the musician pertaining to the production of the track, however the studio may be in contact with the client for any reason regarding disputes, questions, and billing or any other matter pertaining their project that they wish to discuss with the Studio.
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 doors, and return the key to the lock box, or directly to the Studio owners. The Client will follow the closing procedure laid out for them in the 'Studio Guide' that they will be provided after signing of this agreement.
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 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. GENERAL & STUDIO RULES
General Rules
Parking
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.
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.
This agreement pertains to instances where the Studio has found a musician in need of a Producer (client), whereby a selected producer is given the opportunity to produce the musician's song, and payment is split between the studio and the producer, with varying splits and rates dependant on the deal reached between the Studio and musician.
1. RATES, PAYMENTS, & INVOICES
The client does not pay for rental space as the Studio's rental cut is taken from the initial payment from the musician to the Studio. Studio hours are to be tracked regardless by the client and reported to the studio after the project has been completed.
When the final song file has been sent to the musician marking the completion of the project, the client (producer) must submit a receipt to the studio email address (silverthornstudios@gmail.com) outlining the number of hours used as well as the dates and times that were booked and used in total for the project within 7 days.
Payment to the client from the studio will be sent up front, usually by e-transfer. Payment covers the cost of any work involved producing the musician's track, whether it's done at the studio or not. 'Producing' constitutes the full tweaking, writing, arranging, and recording of a song. A 'finished' track constitutes a song that is ready to be mastered. Mastering is not included in the price and is not required to be done by the client.
Any contract or agreement between the client and musician about songwriting splits, sync-rights, royalties, etc., is separate and unrelated to the studio, its business, and finances. The studio will not be held accountable for any disputes regarding such matters.
2. TERMS OF RENTAL
This agreement applies to all projects that happen at the studio involving the client and a musician after the signing of this contract. This includes future musicians who may come seeking a producer and extends to each project as it arises.
The Client shall make use of the Studio Google Calendar in order to book their sessions with the musician. 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.
The Client is responsible for all communication with the musician pertaining to the production of the track, however the studio may be in contact with the client for any reason regarding disputes, questions, and billing or any other matter pertaining their project that they wish to discuss with the Studio.
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 doors, and return the key to the lock box, or directly to the Studio owners. The Client will follow the closing procedure laid out for them in the 'Studio Guide' that they will be provided after signing of this agreement.
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 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. GENERAL & STUDIO RULES
General 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.
- Avoid adding bookings to Mondays - if necessary, please ask the studio owners and they will find out if particular Mondays can be made available for you.
- 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 illegal substances are allowed on the property.
- 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).
Parking
- There are 3 available parking spots on the premises: 1 at the front at the very left of the driveway next to the front lawn, and 2 at the back in front of the garage, however we cannot guarantee parking at all times. The spot may change depending on who is already parked in one of the other spots. Parking may not in any way impede the use of one of the other 2 parking spots blocks other cars from getting out of the driveway. There may or may not be outlines drawn to reflect these parking spots.
- If possible along our street, Studio requests clients park on the street if their booking takes place and ends before 12 AM.
Studio Rules
- The engineering guide is mandatory before client's first studio session to familiarize themselves with. Available at this link: http://bit.ly/2Uyqwpt, and on the studio computers and emails the client shall receive.
- A good general guideline is to leave the studio *as you found it*, and to treat the space with respect.
- Do not use 1/4 inch cables in the patchbay, only use the specified cables hanging along the rack that contains the patchbay.
- Don't wear boots in the studio, where sensible.
- No drinks are to be consumed or left standing near any equipment, including anywhere on the console or above the computers
- No smoking anywhere in the studio facility
- No odors that will linger and affect other people's enjoyment of the space.
- No pets allowed in the studio facility
- 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.
- 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. Absolutely no duct tape can be used anywhere on the premise.
- 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.
- 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.
- Humidifiers are required during certain colder seasons - if they are running when you enter, please be sure to turn them back on again at the same level when you leave.
- Leave doors open, except the very front doors, when locking and leaving the studio.
- No illegal substances are allowed in the studio.
- 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.
- 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.
- Studio is not responsible for client equipment 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.
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.
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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