Contractual Agreement
1.1 These Terms and Conditions form the agreement between Whitfield Mastering (“the Studio”) to commence mastering services by way of common communication method(s), the Client acknowledges and agrees that this instruction constitutes a binding contractual agreement.
Review and Approval Process
2.1 Once the mastering process is complete, the Studio will deliver a reference master of song, album, or vinyl acetate to the Client for review depending on agreed service.
2.2 The Client is responsible for checking and testing the reference master on various playback systems.
2.3 Approval of the reference master can be given in writing, verbally or via email, SMS, social media, or any other communication method.
2.4 Upon receiving the Client’s approval, the Studio will proceed with the final mastering, including all agreed-upon deliverables.
2.5 Approval, once given, is final and cannot be changed unless changes (section 3) are requested by writing within 24hrs of starting.
Amendments and Changes
3.1 The Client is entitled to request a maximum of one change to the reference master.
3.2 Any additional changes beyond the initial two will be chargeable at the Studio’s hourly rate of [£170.00].
3.3 The Studio is not liable for defects, loss, or damage unless caused by its negligence or faulty equipment.
3.4 The Studio will attempt to correct or replace defects or losses caused by its fault.
3.5 If correction or replacement is not possible, the Company’s liability is limited to the Fee.
3.6 The Client agrees to keep copies of all Media, Master Recordings, or Production Masters delivered to the Company.
3.7 The Company reserve the right to discard audio file(s)/data without responsibility for the storage of any audio master(s), files/data upon delivery.
3.8 We will strive to ensure that our Services are provided without any issues. However, if you do encounter a problem, we ask that you notify us as soon as reasonably possible.
3.9 We will make reasonable efforts to resolve any issues with the Services as quickly as possible and in a practical manner. In emergencies, we will aim to address the problem within 24 hours.
3.10 You will not be charged for resolving issues under this section if the problem is caused by us, If we find that the issue arose due to incorrect audio/mix or incomplete information or actions provided by you, we may charge you for any remedial work.
Payment Terms
4.1 Full payment is due either upon delivery of the final master or before the project is started, as agreed upon in initial communications.
4.2 Late payments are subject to interest at 10% per annum above the Bank of England Base Rate or the allowable rate on commercial debts, whichever is higher.
4.3 Fees, expenses, and disbursements are not reduced if client fails to attend or cancels the session.
4.4 Fees are exclusive of VAT, which is payable with a valid invoice.
4.5 Our Prices may change at any time, but these changes will not affect Orders that We have already accepted.
Rights and Ownership
5.1 The Client retains full ownership and copyright of the original and mastered audio recordings.
5.2 The Studio retains ownership of any work products and methodologies used during the mastering process until full payment is received.
5.3 Upon full payment, the Client gains full rights to the final master as delivered by the Studio, excluding the Studio’s proprietary techniques and tools.
Confidentiality and Non-Disclosure
6.1 The Studio agrees to keep all Client materials confidential and not to disclose them to any third party without the Client’s prior written consent.
6.2 The Client agrees not to disclose any proprietary methods, techniques, or other sensitive information of the Studio to third parties including visual media in any form.
Limitation of Liability
7.1 The Studio’s liability for any claims arising from the mastering services provided, whether based on contract, tort, or otherwise, shall not exceed the amount paid by the Client for the services.
7.2 The Studio shall not be liable for any consequential, incidental, or special damages, including but not limited to loss of profits or revenues.
Governing Law
8.1 These terms and conditions are governed by and construed in accordance with the laws of United Kingdom. Any disputes arising under these terms shall be resolved in the courts of United Kingdom.
Vinyl Services
9.1 Acetates – Please review thoroughly before approving, key points to check:
9.2 Ensure the catalogue number is correct on each side.
9.3 Verify the tracks are in the correct order of play and the song breaks are accurate. Also, confirm that the tracks are on the correct recorded side.
9.4 If you hear any imperfections, listen to all test pressings on multiple turntables to rule out individual defects.
9.5 The Studio shall not be liable for any consequential, incidental, or special damages, including but not limited to loss of profits or revenues for any manufacturing defects.
9.6 The Studio does not bear any responsibility for TP (test pressings) defects or oversights when play back listening, when asked to check, it is merely as a courtesy – final approval decision lies with the client.
Force Majeure
10.1 The Company is not liable for any failure to perform due to Force Majeure Events, including Acts of God, wars, strikes, or other events beyond its control.
10.2 This is also goes for any losses occurred during a power surge or faulty equipment as outlined in subsection 10.1.
Indemnity
The Client indemnifies the Company against any injury, loss, damage, costs, or expenses arising from:
11.1 Mastering session.
11.2 Use or exploitation of any recording visuals or otherwise.
11.3 Breaches of this Agreement.
Master Recordings and Materials
12.1 The Client bears all risks for any source drives and materials.
12.2 Uncollected items after three months may be destroyed or disposed of.
12.3 Until full payment, all Master Recordings and materials are the property of the Company.
12.4 All risk for items in transit or off Company premises lies with the Client.
12.5 The Company has a lien on any Client property on its premises for unpaid sums and can sell such property after 28 days’ notice.
12.6 Deliverables, including Master Recordings, may be sent via Wetransfer or similar services, with the Client assuming all risks.
Company’s Overall Liability
13.1 The Company’s liability for negligence or breach is limited to the Fee, except in cases of death or personal injury.
13.2 The Company is not liable for indirect, consequential, or economic loss.
13.3 The Company’s liability is exclusive of all other liabilities.
13.4 The Client agrees that this limitation is reasonable, considering the nature and price of the Booking and services, and each party’s resources.
Studio Security
14.1 The Company is not liable for theft, misappropriation, or damage to any recordings or materials.
Miscellaneous
15.1 The Client must not present themselves as an agent of the Studio.
15.2 This Agreement constitutes the entire agreement between the parties.
15.4 Any amendments must be in writing and signed by both parties.
15.5 If any part of this Agreement is unenforceable, the rest remains in effect.
15.5 Notices must be delivered by hand, or recorded delivery post.
15.6 This Agreement is governed by English law and courts.
15.7 The Client is in breach if they fail to pay, default on obligations, or breach warranties.
15.8 The Studio may seek remedies for breaches, including reclaiming equipment or property and charging collection costs.
15.9 Intellectual property rights remain with the Company.
15.10 Filming on Company premises requires written consent.
15.11 The Client cannot hire or transfer equipment without written consent; the Studio can assign its rights.
15.12 The Client must execute further documents as needed to confirm the Company’s rights.
The Client will cover any losses from failing to secure these permissions and indemnify the Studio against related losses.
Definitions and Interpretation
communication method – Email, SMS, Social Media
– **Blank Media**: Unrecorded media, or Vinyl Acetate/Lacquers
– **Booking/Session**: The form or email exchange confirming the agreement.
– **Client**: The person or entity signing the Booking Form.
– **Client Blank Media**: Media owned by the Client before the Booking.
– **Client Equipment**: Equipment brought by the Client or their personnel.
Contact Information
For any questions or clarifications regarding these terms and conditions, please contact:
Whitfield Mastering
info@whitfieldmastering.com
Mob. +44 (0)788 6177 063, Tel. +44 (0)20 7193 6944
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These terms and conditions aim to clearly outline the process and responsibilities of both parties, helping to ensure a smooth and transparent working relationship. It’s advisable to consult with a legal professional to ensure the terms comply with local laws and sufficiently protect your business interests.
