k22 studios |terms of business

Krefeld, August 22, 2022

The Customer (hereinafter Customer) books studio time at k22 studios GmbH (hereinafter Studio) for a recording session. Having said this, the following terms and conditions apply to the rental of the studio:

1. The customer agrees to pay for studio time at the rate in effect at the time of booking. A designated non-refundable deposit is required to confirm the studio booking. Rates are subject to change without notice. The minimum length of a session is four (4) hours for a studio rental without a sound engineer and two (2) hours for a studio rental with a sound engineer.
2. The Studio will provide studio time and the services of a sound engineer for the duration requested by the Client (unless otherwise instructed). Additional fees will apply for any additional time required to provide studio services, including but not limited to mixing, mastering, creating additional versions, stems, and adding or modifying tracks.
3. Client is responsible for all amounts due and shall make payments to the Studio by the end of the session in cash or by credit card/debit. Any additional charges are to be paid at the conclusion of the recording session. Client is responsible for all legal fees and attorney’s fees required to collect payment for services rendered.
4. If Client requires the services of session musicians (including singers), Client is responsible for all arrangements and payment for such musicians. If the Client requests the Studio to arrange session musicians for the recording session, the arrangements between the musicians and the Client will remain in effect. The Studio is not responsible for the behavior of the requested musicians (e.g., tardiness/non-appearance, poor performance).
5. In the event of cancellation or rescheduling of a booked recording session or other scheduled services by the Client with less than 48 hours notice prior to the scheduled session, the Client agrees to forfeit the deposit for the booked session. For sessions booked less than 48 hours prior to the session, the deposit is generally non-refundable. For all other cancellations, the following rule applies:
   • Less than 48 hours before the session: no refund.
   • 2 to 5 days notice: 50% refund
   • 5+ days notice: credit towards future rental.
6. If the client is late to a scheduled session, they will be responsible for paying for the time they were scheduled for and the time will not be automatically extended. This amount includes payment for a sound technician if provided for in the booking agreement. In the event of a delay of more than 60 minutes, the Studio reserves the right to cancel the session and the Client will forfeit all deposits.
7. If the Studio must cancel a session due to unavoidable circumstances beyond the Studio’s control (e.g., sound engineer illness, natural disaster), the Studio will reschedule the session for the earliest possible time that meets the Client’s needs. In the event that neither the Client nor the Studio can agree on a new date, the Studio will refund the Client’s full deposit.
8. When a session is booked at the Studio, the time requested by the Client is reserved for the Client and cannot be rented by anyone else. If the client terminates the session early, the client must still pay for the entire reserved time. The customer is not entitled to a refund or credit if they do not use the full amount of the reserved time.
9. Client may shorten the time of a scheduled session by contacting the studio at least 48 hours PRIOR to the start of the session, as long as the shortened time meets the studio’s terms regarding minimum booking time. If the client does not request a reduction within the specified time, the reserved time cannot be reduced and the previous terms will remain in effect. Studio rentals booked less than 48 hours prior to the start of the session cannot be changed.
10. All requests to extend studio time are subject to studio availability and must be paid in advance. Regular rates apply for additional studio time and services rendered.
11. Studio time” includes set-up, tear-down, breaks for the client/artist and the technician. For sessions lasting 8 hours and longer, the technician is entitled to a 30-minute meal break per session. All of these times are charged around the clock.
12. The studio will not issue refunds AFTER a recording session has been completed and/or MP3 or WAV files have been delivered to the client. We strive to work with the client to deliver the highest quality product that meets the client’s expectations. Studio rental and other services are also non-refundable.
13. The Studio will not release any recording files or copies thereof to the Client or the Client’s representative until all outstanding balances are paid in full. Until such time as Client has satisfied the financial terms of the Studio’s rental agreement, all recording files will be left with the Studio. When the Client has fulfilled its financial obligations to the full satisfaction of the contract, the Studio will release the Recording Files to the Client. Any copyrighted material remains the property of the rights holder.
14. The studio will NOT make backup copies of the client’s recording files. All session files will be turned over to the client or their representative at the end of the recording session. It is the Client’s responsibility to provide the Studio with a personal flash/hard drive to download/hand over the recording files in their entirety. Alternatively, Studio may transfer all Recording Files to Client by sending a link containing the files to Client’s registered email address. Such link shall be valid and accessible to the Client for a period of seven (7) days. On the eighth (8th) day, all files will be permanently deleted unless Customer has made other arrangements with Studio in advance.
15. If the Client rents the Studio facilities without the Studio’s sound engineer, the Studio will not be responsible for any files that remain on the Studio’s computers after the recording session is completed. For privacy and security reasons, all files will be permanently deleted from all computers immediately following the Client’s recording session.
16. The client is solely responsible for any personal items they bring to the studio. The Studio itself assumes no liability for Client’s personal items that are lost or stolen on the Studio premises.
17. Client shall be liable for any loss or damage to the Studio or Studio property caused as a direct result of misuse, negligence and/or careless acts by Client or any part of Client’s group.
18. If Client elects to rent the studio WITHOUT a technician, Client assumes full responsibility for the condition of the premises upon departure. Client also agrees to pay the studio all fees necessary to restore the studio to its pre-rental condition if the studio is left unclean or in any state of disrepair.
19. Any violation of these terms and conditions by Client or any member of Client’s group shall be grounds for immediate termination of this Agreement. At the time of termination of this Agreement, Client and all persons in Client’s group will be escorted from the Studio and Client will forfeit all deposits already paid to the Studio. The Client will then be barred from using the Studio’s facilities. The Studio or the Studio’s representative reserves the right to refuse service to any person and/or determine when a violation of these terms has occurred.
20. Client hereby releases the Studio from any and all liability for damage to property, equipment, or persons in Client’s party while on Studio premises. Client hereby agrees that the Studio shall not be liable for any direct, indirect, incidental or consequential damages, injuries or losses to Client, Client’s party or Client’s property while on the Premises. In particular, the Studio shall not be liable for consequential damages, such as lost profits, if technical equipment fails to function or it otherwise breaches its contractual obligations.
21. The Studio provides the Recording Studio in good working order, but makes no specific warranties as to the functionality of the Studio or its suitability for the Client’s purposes. The Studio is not liable for events beyond its control that affect the project, such as power outages, weather, emergencies, or acts of God.
22. Smoking of any kind, including cigarettes, marijuana, vape pens or hookahs, is not permitted in the studio space at any time before, during or after a recording session.
23. Client hereby agrees that the Studio may, at its sole discretion, use images, video and audio recording and Client’s name for the purpose of promoting the Studio. This will be done via social media, the Studio’s website, press releases, and any other appropriate platform where the Client may be featured for the benefit of the Studio. Any publication will always be done in consultation with the client.
24. The Studio may use security cameras on its premises and the Client agrees to the use of such cameras if required for the safety of the Studio.
25. Changes and additions to the contract as well as contractual declarations must be made in writing. Declarations by e-mail correspond to the written form.
26. The contract is subject to the law of the Federal Republic of Germany. The exclusive place of performance as well as the exclusive place of jurisdiction is the registered office of k22 studios GmbH.
27. Should any provision of this contract be or become invalid, this shall not affect the validity of the remainder of the contract.