Terms & Conditions

  1. Services Provided:
  • The Recording Engineer (hereinafter referred to as „Engineer“) agrees to provide recording, mixing and mastering services to the Client as outlined in the project proposal or agreement.
  1. Payment:
  • The Client agrees to pay the Engineer the agreed-upon fee for services rendered. Payment terms and schedule will be outlined in the project proposal or agreement.
  • Payment shall be made by banktransfer upon completion of the services, unless otherwise agreed upon in writing.
  1. Ownership and Rights:
  • The Client shall retain all rights to the recordings produced by the Engineer, including but not limited to, the master recordings and any associated intellectual property rights.
  • The Engineer retains the right to use samples of the recordings for promotional purposes, unless otherwise agreed upon in writing by both parties.
  1. Cancellation and Rescheduling:
  • In the event of cancellation or rescheduling of a recording session, the Client agrees to provide notice to the Engineer at least 14 days in advance. Failure to do so may result in a cancellation fee.
  • Cancellation of orders within 4 weeks of the production commencement will result in cancellation fees ranging from 50% to 75% according to the cost estimate.
  • Any deviations in planning and implementation will be discussed with the customer.
  • The Engineer reserves the right to charge a cancellation fee for any session cancelled or rescheduled by the Client with insufficient notice.

These clauses ensure that both parties understand the implications of cancellations and deviations from the original plan, as well as how invoicing will be handled.

  1. Liability:
  • The Engineer shall not be liable for any loss, damage, or injury to the Client’s property, equipment, or personnel arising from the performance of the services, except in cases of gross negligence or willful misconduct.
  • The Client agrees to indemnify and hold the Engineer harmless against any claims, damages, or liabilities arising from the Client’s use of the recordings or breach of this agreement.
  1. Confidentiality:
  • Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the project.
  • The Engineer agrees not to disclose any information about the Client’s project or recordings without the Client’s prior written consent.
  1. Governing Law:
  • This agreement shall be governed by and construed in accordance with the German law.
  • This clause specifies that any disputes arising from the agreement will be resolved  through arbitration according to the rules of the German Institute of Arbitration (DIS) in the specified location.
  1. Entire Agreement:
  • This agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings, whether written or oral.
  1. Amendments:
  • Any amendments or modifications to this agreement must be made in writing and signed by both parties.
  1. Severability:
  • If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  1. Acceptance:
  • By engaging the services of the Engineer, the Client agrees to be bound by the terms and conditions of this agreement.

 

 

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