SECTION 1: BOOKING, RATES, SERVICES, ETC.

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1.1 Booking Rates

• Studio services are booked at the rates published by the studio and/or at the rates provided in a custom quote generated by the studio based on expected work, which are subject to change at the discretion of the studio.

• The client agrees to pay the booking rate.

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1.2 Returned Payments

• ICON Recording Studio upholds a no tolerance policy for any fraudulent or stolen forms of payment in accordance with federal law. The client agrees that all forms of payment and identification are their own. The client will be subject to legal action in the event the client attempts or succeeds in any illegal activity including, but not limited to, theft and/or fraud.

• Any returned or fraudulent payment will be charged a $50.00 fee from the studio. Any payment not made/ returned/ or remaining balance will incur a 20% monthly interest rate on original balance. Returned payments will not allow the client to use studio services until full payment plus penalties and interest are remitted in full. The client may be required to remit payment in cash or bank issued check from then on or may be banned from the studio.

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1.3 On-Site Storage

• Hard drive storage of the client's files is not guaranteed. If the client needs files that were recorded during a session, studio time must be used to transfer the files to the client's storage device. The studio will not extend studio time to transfer files.

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1.4 Requesting Files

• The client may request files they have recorded and saved on the studio's hard drives. This is done at the convenience of the studio and takes a secondary priority to sessions that are currently ongoing and scheduled.

• The studio may provide raw recordings as .wav file audio stems, or as a blank Pro Tools session with the client's raw recordings inside the Pro Tools session. All timing will be preserved for easy import. THE STUDIO DOES NOT PROVIDE PRO TOOLS SESSIONS WITH ANY PLUGINS, SETTINGS, OR ROUTING. This data is the intellectual property of the studio and the studio engineer.

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1.5 Product of Services

• Work for Hire: the client creating the work is and shall be the sole and exclusive owner of all right, title, and interest in and to the results and proceeds of the studio services including any materials created or developed by the studio pursuant to this agreement (collectively, the “Works”), including without limitation all copyrights, other intellectual property rights, and exploitation rights therein, in perpetuity, throughout the universe, in any and all media whether now or hereafter known or devised, and by any and all technologies and means of delivery whether now or hereafter known or devised.

  • ​Without limiting the foregoing, the client agrees and grants a limited license to the studio so that the Studio may retain a copy of any Work and to post a copy of any Work to the studio website.

• The client warrants and represents that any composition has not and does not infringe or misappropriate any intellectual property of any third party, including that any copyright in a composition is owned exclusively by or licensed to the client (the “Intellectual Property Warranty”). The client agrees to indemnify and hold harmless the studio, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to the client's violation of the Intellectual Property Warranty.

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SECTION 2: STUDIO FACILITY RULES

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2.1 Smoking

• There is no smoking allowed inside the studio. Doing so will result in a $150.00 penalty for each complaint.​

• Smoking is allowed outside the studio and smokers are required to dispose of used cigarettes and other debris properly.

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2.2 Minors In The Studio

• Minors (under 18) must be accompanied by an adult at all times.

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2.3 Client Equipment

• The studio is not responsible for any of the client's equipment or any equipment of those providing services to the client in any way.

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2.4 Damages, Illegal Substances, Alcohol​

• No food or drinks are allowed anywhere near the studio desk or near any studio equipment under any circumstance.

• Any food or drink that is spilled on the studio desk will result in a MINIMUM $200.00 penalty. THE CLIENT IS RESPONSIBLE FOR COMPLETE REIMBURSEMENT OF ANY EQUIPMENT (INCLUDING BUT NOT LIMITED TO THE CURRENT VALUE OF THE REPLACEMENT EQUIPMENT PURCHASED NEW) THAT THEY OR ANY OF THEIR GUESTS HAVE DAMAGED.

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SECTION 3: MISCELLANEOUS PROVISIONS

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3.1 Indemnification

• The client shall indemnify, defend, and hold harmless the studio and its affiliates, and its and their respective officers, directors, employees, agents, successors, and assigns, from and against any claims, judgments, damages, liabilities, settlements, losses, costs, and expenses, including attorneys' fees and disbursements, arising from or relating to: (a) bodily injury, death of any person, or damage to real or personal property resulting from the client's acts or omissions; or (b) any breach by the client of his/her representations, warranties, or other obligations hereunder.

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3.2 Choice of Law and Venue

• This Agreement will be governed by the laws of the State of Louisiana without reference to choice of law or conflict of law principles, and each party hereto consents to exclusive venue and jurisdiction in a court of competent jurisdiction located either in East Baton Rouge, Louisiana, or the United States District Court for the Middle District of Louisiana in Baton Rouge, Louisiana. 

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3.3 Waiver

• A waiver of any obligation or provision in this Agreement by any party will be made in writing only, signed by the party giving the waiver. Oral waivers will have no effect.  Any waiver of an obligation or provision in this Agreement will not constitute a continuing waiver of that obligation or provision and will not constitute a waiver of any other obligation or provision.  Any waiver of a breach of any obligation or provision will not constitute a waiver of another breach of the same obligation or provision or of any other breach.

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3.4 Attorneys’ Fees

• In the event of any claim, dispute, or legal proceeding arising out of or relating to this Agreement, the party prevailing in such proceeding (which includes but not be limited to the studio upon the studio obtaining a temporary restraining order or injunction) will be entitled to recover, and the other party will pay, all fees and expenses (including, without limitation, costs of investigation, court costs, reasonable attorneys’ fees and litigation expenses) incurred in connection therewith.

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3.5 Severability and Reformation

• If any provision or part of a provision in this Agreement is held to be unenforceable, then any court of competent jurisdiction may modify the provision to the extent necessary for the provision and this Agreement to be enforceable. 

• If any such provision or part of a provision is held not to be susceptible of reformation without materially altering the intention of the parties, then it will be ignored, and the remaining provisions will be enforced.

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3.6 No Assignment

• The client will not sell, transfer, assign, sublicense, or subcontract any of its rights or obligation hereunder without the prior written consent of the studio. 

• This Agreement will be binding upon and inure to the benefits of each Party and their respective heirs, successors and assigns.

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3.7 Miscellaneous

• Nothing in this Agreement will obligate the studio to retain or engage the client for any particular Session, Service, project, or term.

• This Agreement constitutes the entire agreement between the Parties hereto with respect to its subject matter. 

• This Agreement supersedes any and all prior agreements, discussions, negotiations, arrangements, or understandings, whether written, oral or implied, with respect to the subject matter of this Agreement. 

• This Agreement may not be modified or amended without the prior written consent of each party.