Studio Policy And Client Agreement

This document outlines studio policy and the agreement between Trax Sound Studio and the client party. By Sending a deposit, or proceeding with production, both parties agree to adhere to the agreement and conduct laid fourth in this document.

Studio etiquette
Trax Sound Studio is committed to providing a safe and clean working environment for all. Trax Sound Studio is also committed to providing the best possible service for your audiovisual needs and will use any and every available tool at the studios disposal to accomplish the goal. At Trax Sound Studio, we are dedicated to your creative vision and if necessary, will provide all of the industries best tools and equipment on hand at the studio for the client use.

At Trax Sound Studio, we strive to create a professional and collaborative environment conducive to artistic excellence. To maintain this atmosphere, we require all clients to adhere to the following responsibilities and policies.

 Etiquette Guidelines:

Punctuality: Clients are expected to arrive on time for all scheduled sessions. Timely arrival ensures that sessions can commence as planned and that the creative process is maximised without interruptions. If the client anticipates a delay, please notify the studio promptly. If the client arrives more than 15 minutes late, the full 15+ minutes will be deducted from the overall booked session time unless an agreement has been reached prior. The enforcement of the policy to deduct time is subject to the sole discretion of the engineer working during the session.
Financial Commitments: All session fees, rental charges, and other related costs are due as outlined in our booking and payment policy section below. Prompt payment is essential to the smooth operation of our studio and supports the high-quality services we provide. Late payments may result in additional charges or suspension of services.
Respect for Equipment and Space: Clients must treat all studio equipment and facilities with care. Any damage caused by misuse or negligence may result in financial liability for repairs or replacements.

Noise Levels: Please maintain a reasonable noise level in shared spaces to respect other artists and sessions in progress. Headphones are recommended when listening to playback outside of recording areas.

Guests: Clients are allowed a limited number of 1 (one) guests in the studio. Addition guests may be allowed if requested prior to the session. All guests must be announced and any unannounced guests by the client may be subject to additional fees payable by said client. All guests must adhere to the same studio policies and etiquette.
Cleanliness: Cleanliness is an important aspect of a functional work environment. Both cleanliness of the studio space and personal hygiene are taken seriously at Trax Sound Studio. The engineer and client are expected to upkeep their basic personal hygiene to a reasonable extent. This would include but is not limited to: Dressing appropriately for a working environment. Not wearing any products with strong odours such as colognes or creams. Keeping up personal Hygiene and avoiding foul odours. – The engineer reserves to right to end the session if basic hygiene standards are not properly met.
Both parties are to keep the studio environment clean and organised. Dispose of trash in the provided receptacles and return all equipment to its proper place after use. The client may be subject to cleaning charges if the studio space is not returned to its original state by the end of the session.
Adhering to these guidelines helps ensure a respectful, efficient, and creative working environment for all clients and staff at Trax Sound Studio. Failure to follow these rules may result in termination of the session and/or future booking restrictions.

Right to Refuse Service

Trax Sound Studio reserves the right to refuse work to any individual or organization for any reason, specified or unspecified, at the discretion of the studio. This policy is in place to ensure the safety, integrity, and operational effectiveness of our work environment. Decisions to refuse service are made with consideration to preserving the professional standards and ethical commitments of our studio. Clients and potential clients are encouraged to discuss any concerns they may have with studio management.

Booking Deposit:

– A non-refundable booking deposit of $50 is required to secure studio time. This deposit must be paid no later than 24 hours in advance of the scheduled session.
– The deposit is applied towards the total cost of the session.
Cancellation Policy:
– If cancellation occurs more than 48 hours before the scheduled time, no additional fees beyond the deposit will be charged.
– If cancellation occurs less than 48 hours before the scheduled time, the following additional fees apply:
     – Within 24-48 hours: 25% of the estimated cost of the session will be charged.
     – Within 24 hours or No-show: 50% of the estimated cost of the session will be charged. This is in addition to the forfeiture of the booking deposit.
Rescheduling:
– Rescheduling a session more than 48 hours in advance will not incur additional charges, but is subject to availability and must be agreed upon by both parties. The original deposit can be transferred to the new booking time.
– Rescheduling within 24 hours of the session will be treated as a cancellation, and cancellation fees will apply as described above. A new deposit will be required to secure the new booking time.
Payments for Completed Sessions:
– Upon completion of any studio session, full payment for the billable hours minus the initial deposit must be made. If the session extends beyond the scheduled time, additional charges will be applied accordingly and rounded up to the nearest half hour.
– A deposit of 50% of the estimated cost for Mixing and Mastering services is required in advance. The remaining 50% must be paid before the two-channel master duplicate or any other forms of media produced are released to the client.
Revisions and Additional Work:
– After receiving the two-channel master duplicate, the client is entitled to two rounds of revisions with minor adjustments, each not exceeding one hour of work. These revisions must be requested within 5 business days after each delivery. An example of a minor revision would be turning down a vocal by a set value, muting a sound, subduing a frequency, etc. This does not include a remix or remaster of the song, vocals, backing instrumental, or any other vital element of the composition. The basic elements of the composition must remain the same. Remixes and remasters are subject to regular billing and are not included in revisions.
– Requests for revisions outside the 5-day time-frame or exceeding the allotted time may be subject to additional charges at standard hourly rates.
Refunds:
– All refund requests for services rendered shall be evaluated on a case-by-case basis and are subject to the sole discretion of the engineer and studio. Refund eligibility will be determined based on the completion of agreed-upon services within the terms specified.

Retention of Media and Proprietary Rights

Pursuant to the operations at Trax Sound Studio, all audiovisual and associated media content conceived, captured, or otherwise engendered within the confines of our facilities shall be preserved within our secured studio systems. The proprietary rights to all original master recordings (“Masters”) inherently reside with Trax Sound Studio, absent a mutually ratified written accord delineating an alternate arrangement concerning the ownership thereof between the client and Trax Sound Studio. All works that fall under this category are subject to re-purposing by the producer and/or studio for production purposes for the intent to release said creative works.

Clients desirous of acquiring proprietary rights to the Masters are obligated to formalise their intentions through the execution of a detailed written contract, expressly outlining the conditions underpinning the transfer of such rights. Both parties must duly execute said contract, and the client must satisfactorily remit any and all fees pertinent to the data and Master transfer processes, as stipulated therein, prior to any relinquishment of said materials.

It is to be unequivocally understood that, barring the execution of such a contract and the complete fulfilment of associated financial obligations, all media content shall remain under the sole proprietorship of Trax Sound Studio. No external utilisation, dissemination, or replication of said media shall occur without the prior express written consent of Trax Sound Studio, thereby ensuring the safeguarding of intellectual property and the preservation of the studio’s artistic and operational integrity.

Media Storage Duration and Deletion Policy

At Trax Sound Studio, we understand the importance of the media created within our facilities. However, due to storage limitations and the need to maintain an efficient operating environment, we implement the following policy regarding the retention and deletion of media:

Storage Duration: All media, including audio, video, and other content types, will be stored on Trax Sound Studio’s systems for a maximum period of three months from the date of creation or final session. This period is designed to provide ample time for clients to review their projects and make any necessary arrangements for transfer or backup.

Post-Term Storage Discretion: After the three-month storage period, media may be subject to deletion from our systems to free up space for new projects. The decision to delete any media is at the sole discretion of Trax Sound Studio, and we are not obligated to maintain or store any media beyond this period.

Client Responsibility: Clients are encouraged to secure their own copies of any critical media within the three-month period. It is the client’s responsibility to request any specific data transfers, backups, or duplication prior to the expiration of the storage term, which may be subject to additional fees as outlined in our service agreements.

Notifications: While Trax Sound Studio does not guarantee notification prior to media deletion, we may, at our discretion, attempt to inform clients whose media is eligible for deletion. Nevertheless, clients should not rely on such notifications and are advised to manage the backup of their media proactively. Once the media has been deleted, Trax Sound Studio has no further obligations towards any project in question.

By agreeing to this policy, Trax Sound Studio ensures the ongoing efficiency and operational effectiveness of our services, while also respecting the storage constraints of our systems.

Stems And Other Media


At Trax Sound Studio, all audio stems—individual components of recordings—are exclusively stored, maintained and controlled by Trax Sound Studio and are subject to re-purposing for release, unless the ownership of the stems or other media is explicitly transferred from studio to client under the following conditions:

Written Agreement: Clients must sign a studio-provided agreement that specifies the terms of the stem transfer.
Media Transfer Fee: Clients are required to pay a fee to cover the costs associated with transferring the stems. The transfer fee will be based on project size and nature of request and will be estimated when the request for such media transfers are made.
Clients interested in obtaining stems should submit a formal request. Upon approval, Trax Sound Studio will provide the necessary agreement for transfer. Please note that the studio retains the right to keep copies of all stems for archival purposes, as detailed in the transfer agreement.

This policy ensures a clear understanding of stem ownership and the conditions under which they can be transferred to clients.

Production And Creative Direction

In order to maintain the highest standards of production and ensure continuity in the creative process at Trax Sound Studio, the following policy is in place regarding the role of the producer for all music and audiovisual media created within our studio:

Assignment of Producer Role: If a producer has not been explicitly designated and approved by both the client and Trax Sound Studio prior to the commencement of production, the engineer present during the recording sessions will assume the role of the producer. This arrangement ensures that all projects are managed with professional oversight and expertise.

Approval Process: Clients are encouraged to identify and propose a producer of their choice at the time of booking or well in advance of the recording sessions. This individual must be formally approved by Trax Sound Studio based on our standard criteria for production quality and compatibility with studio operations.

Responsibilities of the Producer: The engineer, when acting as the producer, will oversee the production process, make decisions regarding the technical and artistic aspects of the recording, and ensure that the final product meets the professional standards of Trax Sound Studio. This includes but is not limited to sound quality, arrangement decisions, and overall project management.

Credit for Producer Role: It is imperative that the engineer, when serving in the capacity of producer, is properly credited in all releases, promotional materials, and public acknowledgements related to the media produced. Proper crediting not only respects the professional contributions of the engineer but also enhances the studio’s reputation and credibility.

By agreeing this policy, Trax Sound Studio ensures that all projects undertaken in our facilities receive the necessary professional guidance and oversight, thereby safeguarding the artistic integrity and commercial viability of the media produced.

Producer Liability
Limitation of Liability: In the case that Trax Sound Studio provides the acting Producer for the client, the Producer shall not be held liable for any legal issues, disputes, or infringements that may arise from the content of the client’s project. Responsibility for ensuring that all content is legally compliant and does not violate any copyrights, trademarks, or other intellectual property rights rests solely with the client.

Client Responsibilities: Clients are required to obtain all necessary permissions, licenses, and clearances for any copyrighted materials included in their projects prior to production. This includes, but is not limited to, samples, lyrics, and melodies.

Indemnification: The client agrees to indemnify and hold harmless Trax Sound Studio and its Producers from any claims, damages, liabilities, legal fees, and losses incurred as a result of content provided by the client that is subsequently found to infringe on the rights of any third party.

By engaging the services of Trax Sound Studio, clients accept that the producer is acting solely in a creative and technical capacity and is not responsible for the legal vetting of project content. Clients are advised to consult with legal counsel to ensure full compliance with all applicable laws and regulations.

Royalties

The Producer provided by Trax Sound Studio will receive the royalty rights of the amount of 30% from all gross revenue generated from mechanical royalties, sync royalties, any royalties from granting rights for cover songs, remixes, remasters, digital performance royalties, or neighbouring rights royalties. Royalty rights are granted to the Engineer in perpetuity. The resulting master is to be distributed to online streaming platforms via Distrokid.com and all royalties belonging to the Engineer generated from streaming are to be handled and paid out directly to the Engineer by Distrokid when applicable. If royalties belonging to the Engineer are generated through other means which cannot be processed by Distrokid, which would include but is not limited to: sync licensing, digital performance royalties, or any of the other avenues mentioned above for generating royalties, the client’s artist’s party is responsible for paying out all gross royalties by method of banking transfer or “eTransfer” to a specified bank account every business quarterly (3 months) on the fifteenth (15th) day of the month starting immediately upon release. The client’s party is also responsible for providing analytics data once per quarterly upon the request of the Engineer as to assess the popularity and success of the project.

Definition of Gross Revenue:


For the purposes of this agreement, “Gross Revenue” shall include all revenues received by the client’s party or any affiliated entities from the use, sale, licensing, or distribution of the master recordings, including but not limited to:
– Sales of physical media (e.g., CDs, vinyl).
– Digital sales and downloads.
– Streaming revenues from all platforms.
– Licensing fees (including sync licenses for film, television, commercials, etc.).
– Revenue from cover versions, remixes, and other derivative works.
– This does not include or refer to any revenue generated from performing the song live whether that be ticket sales of merchandise sold at the event.
Gross Revenue shall be calculated before the deduction of any expenses including, but not limited to, marketing costs, promotional expenses, distribution fees, or any other costs related to the production and dissemination of the recordings.

Limitations of Service and Studio Obligations

This section outlines the scope and limitations of services provided by Trax Sound Studio:

Scope of Services: Our services are confined to the activities expressly agreed upon in our service contracts. These include recording, producing, mixing, and/or mastering audio and visual media as detailed in the agreement.

Completion of Services: Our obligations regarding any project conclude either when the client accepts the final submission of the project or after a storage period of three months from the date of the final session, whichever comes first. Post this period, files stored on our systems are subject to deletion.

Client Acceptance: Final acceptance of the project by the client signifies satisfaction with the work delivered. Once accepted, Trax Sound Studio considers the project completed, and any further changes or claims are subject to refusal by the studio and will only be accepted at the discretion of the studio and the engineer.

Studio Liability and Indemnification

Trax Sound Studio maintains a commitment to professional service and client satisfaction. However, it is essential for clients to acknowledge the following terms regarding liability:

Limitation of Liability: Trax Sound Studio and its staff shall not be held liable for any legal claims or disputes arising from the content created or processed within the studio. This includes, but is not limited to, copyright infringement, trademark disputes, and any other forms of intellectual property disputes.

Error and Omission: In the event of unintentional errors, omissions, or technical issues attributable to Trax Sound Studio during the production process, the studio is to be held harmless. We strive to correct any such issues promptly upon identification; however, the studio will not bear financial responsibility for any resulting claims or damages.

Indemnification by Client: Clients agree to indemnify and hold harmless Trax Sound Studio, including its employees and affiliates, from any liabilities, losses, claims, and expenses (including legal fees) related to the services provided, except in cases of gross negligence or willful misconduct by the studio.

Adherence to Policies and Agreement Terms

Trax Sound Studio is dedicated to maintaining a professional and secure environment for all clients and staff. By engaging in our services, clients explicitly acknowledge and agree to adhere to all studio policies and terms of any agreements made with Trax Sound Studio.

Acknowledgement of Terms: Clients affirm that by the act of engaging our services, they have read, understood, and accepted the terms and conditions set forth in our studio policies and any contractual agreements. It is the client’s responsibility to clarify any concerns or questions about the studio’s policies or the terms of service before commencing work. Please be advised that the policies, terms, and agreements of Trax Sound Studio are subject to change at any time without prior notice. These changes may reflect adjustments to our operational practices, legal requirements, or business strategies.

Consequences of Breach: Any violation of the agreed terms or studio policies constitutes a breach of agreement and may prompt Trax Sound Studio to seek restitution by all available means. This may include, but is not limited to, termination of services, legal action, and demands for financial compensation for any damages caused by the breach.

Resolution of Disputes: In the event of a dispute arising from a breach of agreement or misunderstanding of the policies, Trax Sound Studio commits to seeking a fair resolution. However, the studio reserves the right to enforce the terms of the agreement fully to protect its interests and those of its staff and clients.

By entering into a service agreement with Trax Sound Studio, clients agree to comply with these terms and support the orderly and respectful operation of our facilities.