Terms and Conditions of Business
1. a) If no other pricing agreements have been arranged (and outlined in another document or invoice), the Client agrees to the basic hourly rate of $ 77.50 per hour. This includes time used for mixing, recording, mastering, or any other professional activity to be conducted in the recording studio facility, unless previously otherwise negotiated.
1. b) Merriam Productions accepts no liability or responsibility for additional time / cost arising from inefficient, inappropriate, or unprofessional utilization of booked studio time. Any and all time ‘lost’ or wasted on elements outside of Merriam Productions control shall not be discounted in any way, unless otherwise negotiated and agreed to between Merriam Productions and the Client.
2 – The Client is responsible for all monies due to Merriam Productions, and shall make payment to the studio as indicated on their invoice/order.
3 – Merriam Productions shall endeavour to secure all recording media (all master tapes, slaves, final mixes, DATs, CD-Rs, minidiscs, cassettes, and all other media storage devices) owned by the Client, and left or stored on Studio premises, but is not responsible for any loss or damage.
4 – Merriam Productions accepts no responsibility for loss or damage of any and all equipment, media, or other articles brought to the facility for the purpose of performance or production. All users and customers of Merriam Productions services and facilities accept full responsibility for all property and other assets of value while on or within a Merriam Productions facility.
6 – Any Clients’ recording media left on premises 30 days after completion of last recording session or service shall become the property of Merriam Productions if all monies due have not been paid.
7 – Merriam Productions in no way assumes responsibility for the maintenance and storage of media and/or data of past projects and sessions, after a period of 30 days from the final day of production.
8 – No materials, with the exception of a low fidelity mp3 file for intra-production reference, shall be permitted to leave Merriam Productions facilities until full payment has been received.
9 – Upon delivery of the final product to the client, the client is required to sign off on satisfaction with receipt of goods. While Merriam Productions strives to maximize the quality of the final output of a project by every means necessary, Merriam Productions shall assume no responsibility for the final product, with the following exceptions::
- technical quality of sound – free of defect, clipping, distortion, or anything that could reasonably be considered a technical defect
- media delivered in a format agreed to by client
- delivered in a time frame consistent with industry standards, and as agreed to between engineer and client
- all services offered to be dispensed at a level of professionalism and quality consistent with the tier of price and facility being offered and advertised – this includes but is not limited to, quality of mixing, quality of capture, method by which session is conducted, and access to a reasonable compliment of industry-standard tools and equipment
10 – In the event of a cancellation, if the cancellation is made before the 30 days prior to the scheduled session, then all paid deposits are transferable to future services from Merriam Productions. Within the 30 day period prior to the scheduled recording session, any cancellation will result in a full loss of deposit.
11 – The Client shall be responsible for any loss or damage to Merriam Productions property incurred by the Client, employees of the Client, guests of the Client, or agents of the Client acting under the Client’s instruction as a result of misuse, negligence, and/or carelessness.
12 – These Terms and Conditions of Business accompanied by an invoice or order form constitute the entire agreement between the Client and Merriam Productions, and may not be modified, changed, or terminated in any way, unless there is a written agreement signed by both parties.
13 – Merriam Music Inc. makes no claim to any intellectual property rights whatsoever of Merriam Studio / Merriam Productions clients’ artistic works or recordings. All rights to sell, reproduce, modify, create derivative works, and generally all beneficial uses, is retained strictly with the works’ respective rights holders.
