STANDARD TERMS AND CONDITIONS
Acceptance of Terms. These terms and conditions constitute a part of the contract between John Schwab Recording (also referred to as JSR Studios), and Client. Different or additional terms and conditions which may be included in Client’s purchase order or other acceptance of this quotation are hereby rejected unless approved in writing by the owner of John Schwab Recording. Retaining, hiring, or booking time with John Schwab Recording constitutes full acceptance of these terms.
Changes in Specifications & Cancellation. After acceptance of this quotation no changes by Client in the specifications will be binding on John Schwab Recording unless John Schwab Recording consents to such changes in writing. Additional charges for accepted changes will be billed to Client.
A deposit will be required to confirm all studio bookings. Such deposit is non-refundable and shall be equal to 50% of the cost of the total time booked. John Schwab Recording reserves the right to waive such deposit requirement in its unfettered discretion. Studio bookings for which no deposit has been received by John Schwab Recording shall be subject to change or cancellation should management so decide, without notice to client. Cancellations of bookings must be made within 8 days in order to reschedule studio sessions using Client’s deposit. Cancellations made with less than 8 days notice will be billed for half of time booked. Rescheduling new dates must be completed within 90 days of notice of session cancellation. Limit 1 cancellation and rescheduling per deposit paid. Rescheduling fees will apply for additional rescheduling.
Minors. Children must be accompanied by an adult at all times. Parent(s) and/or legal guardian(s) of children agree to be solely responsible for the welfare of minors on the property of John Schwab Recording and not to hold John Schwab Recording responsible for the care of minors while on their premises. Children may not be left unattended.
Face Mask Requirments. Due to the COVID-19 pandemic John Schwab Recording requires that Client and any permitted guest of Client are required to wear face masks at all times unless otherwise directed by the staff of John Schwab Recording. In the event that Client or anyone else refuses to wear a face mask inside John Schwab Recording facilities, John Schwab Recording retains the right to refuse service without refund to Client.
Client Guests. All guests of Client coming to John Schwab Recording facilities must be approved in advance by John Schwab Recording. John Schwab Recording retains the right to refuse entry to anyone inside John Schwab Recording facilities or on John Schwab Recording property for any reason.
COVID-19 Pandemic and Client Guests. Due to health concerns during the COVID-19 pandemic, all guests of Client must be essential personnel of Client actively involved in Client's recording. Essential personnel will be actively involved in the recording of Client project such as musicians performing on and/or producing the active recording. The decision of who is essential will be left solely to the discretion of John Schwab Recording management.
Refusal of Service. John Schwab Recording reserves the right to refuse service to anyone for any reason.
Data Storage & Materials. Client assumes all risks associated with storing data, on or off the premises of John Schwab Recording Studios. Unless specified in writing, data storage is at Client’s risk and may be released upon final payment. John Schwab Recording is not responsible for any data corruption of files including but not limited we will not be liable for: 1. Any interruption, malfunction, downtime or other failure of the Website or online services, our systems, databases or any of its components, for whatever reason; 2. Any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects or negligence on our part; 3. Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities; 4. Any event over which we have no direct control
Terms of Payment. Due to the subjective nature of audio production, Client acknowledges that John Schwab Recording obligation is limited to the act of recording, mixing, mastering, or processing the Client’s audio. In the event of dispute, John Schwab Recording’s contractual obligations are considered to be fulfilled in full by the act of processing. Submission of processed files, via FTP, web, or physical medium, shall constitute acceptance for purposes of contract fulfillment.
Default. If Client defaults in payment of any invoice at due date, or in the event of any proceeding in bankruptcy or insolvency by or against Client, John Schwab Recording in addition to any right it has, shall have the right: (a) to suspend or discontinue work until it has received payment in full for work performed; (b) to require cash in advance to cover further work; (c) to collect late charges of 1.5% per month from due date; and/or (d) to recover all costs of collection, including reasonable attorney’s fees. In the event credit or financial ability of Client becomes impaired or unsatisfactory in the sole reasonable judgment of John Schwab Recording, John Schwab Recording shall have the right at any time thereafter to change the credit terms with respect to any further work under this quotation.
Use of Audio. Unless specified in writing, Client grants John Schwab Recording the right to use all Client audio for marketing purposes, including, but not limited to remixing and remastering, sample CDs, internet play systems, or other methods.
Remedies. In the event John Schwab Recording takes any action to enforce the terms of this Agreement and/or collect payment, Customer hereby agrees to pay all costs incurred in connection therewith, including, without limitation, all reasonable attorneys’ fees, expenses, and court costs incurred by John Schwab Recording in its sole discretion. Customer further agrees that exclusive jurisdiction and venue for any claim arising out of or under the terms of this Agreement shall be in a state court of competent jurisdiction in Franklin County, Ohio, and Customer hereby submits to the jurisdiction and venue of such court.
DATA ARCHIVE POLICY
Data files or tapes cannot be released if there is an outstanding studio balance
John Schwab Recording is not required to keep a backup of tapes or data once the final product is released to the client or if client’s project becomes inactive. Projects will be considered inactive after 90 days of non-use including, but not limited to recording, editing, mixing, or mastering at John Schwab Recording
Archives can include ProTools session files and appropriate audio files
Bounces, exports or file conversions and data transfers will be billed at regular studio hourly rates
Engineer’s and/or Producer’s notes, software settings, and intellectual property remain the property of John Schwab Recording Studios and shall not be released unless approved in writing by the owner of John Schwab Recording.