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Agreement For Hire Of Commercial Studio
This Agreement is by and between [NAME/ADDRESS OF STUDIO], hereinafter referred to as [STUDIO] and [NAME/ADDRESS OF STUDIO HIRER], hereafter referred to as [USER], on this _________ day of _____ 20 ___, do hereby agree to the following:
[HIRER] shall rent the following studio time from [STUDIO] commencing on (date) to (date). Times stated must be strictly followed. [STUDIO] may require [HIRER] to vacate the studio at the expiration of time stated.
[HIRER] shall pay to [STUDIO] a fee of (dollars) per hour of studio time use with a minimum of (__) hours. A charge of (dollars) shall apply to each hour of use thereafter. A studio technician is available upon advanced notice, at a charge of (dollars) per hour. In the event that a request is made for additional time, [STUDIO] shall not be required to provide a studio technician. In the event that a technician is available, but, additional work would require overtime payment, such overtime shall be paid by [HIRER].
PROPERTY AND CONSUMABLES
The studio rental fee shall not include consumable supplies such as recording tape, splicing tape or boxes. [HIRER] shall be strictly responsible for any breakage occurring during recording sessions and shall reimburse [STUDIO] for items broken or damaged. [HIRER] acknowledges a (lien/security) in favor of [STUDIO] upon all master recordings, dubs, mix-downs and work parts created during [HIRER'S] recordings to secure payment of any and all charges due to the [STUDIO] whether the same is for the specific recording liened.
Unless otherwise requested and agreed to in writing, the [STUDIO] will store master tapes or copies thereof. [STUDIO] shall not be required to retain master tapes for any specific period unless the same is expressly agreed upon in writing.
LIABILITY AND DISCLAIMER
[STUDIO] shall NOT be liable for incidental or consequential damages such as loss of profit in the event that it fails to properly record or otherwise breaches its contractual obligations herein. The sole remedy of [HIRER] in the event of a failure to record, whether related to quality or any other reason by [STUDIO] shall be a refund of charges incurred, or at the option of [HIRER] a credit allowing the use of the studio for an equivalent time. In the event of a refund, [HIRER] shall either permit [STUDIO] to destroy all master tapes and all copies, whether made by [HIRER] or by [STUDIO], or shall return all master tapes and copies thereof to [STUDIO].
[HIRER] shall not disclose the name of the studio in connection with the recordings, however distributed, without the prior approval of [STUDIO], and in written form.
[HIRER] agrees to indemnify [STUDIO] from any claims of copyright infringement or other liability related to intellectual property on recordings created by [STUDIO] at [HIRER'S] direction.
If at the request of [HIRER], any third party talent is used, [HIRER] shall be responsible for any fees associated with the same and further, [HIRER] shall indemnify [STUDIO] from any claims for personal injury related to such third party talent.
In the event that the reserved time is not used by [HIRER] the minimum fee stated shall be earned by [STUDIO] as liquidated damages for the preparation and loss of use caused by the cancellation.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Neither party has made any representations nor promises, other than those contained in this agreement or in some further writing signed by the party making the representation or promise.
This Agreement will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal counsel) drafted the
Agreement. The headings, captions, and titles in this legal Agreement are merely for reference and do not define, limit, extend, or describe the scope of this Agreement or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this Agreement includes the masculine, feminine, and neuter, and (b) the word including means including without limitation.
ADVICE OF LEGAL COUNSEL
Each individual party to this Agreement represents and warrants to each other party that such party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Agreement with legal counsel, and has executed this Agreement based upon such party's own judgment and advice of independent legal counsel.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
This agreement, in its entirety, contains the full understanding of the parties. It may not be changed orally but only by an instrument in writing signed by the party against whom enforcement of any change, extension, modification, waiver or discharge is sought.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at _______________________ (City), _______________ (State).
Executed on the date as first above written at (City/State).