The placement of an order for services or materials, whether orally or in writing, constitutes agreement to these terms and conditions. Terms and conditions are subject to change without notice. Please make sure you have our current rates and terms prior to booking.
Reservations & Cancellations (rules rule!):
All sessions are booked at a one-hour minimum. We know that creative types have demanding schedules, so we will gleefully accommodate your needs whenever possible. If you have time on hold, you can cancel with no obligation, up to twenty-four hours prior to the session, or on Friday for a Monday session. Such a deal! If the goddess of destruction interferes and you must cancel your time less than twenty-four hours before your session, you will be billed fifty percent of the studio rate. Do not despair! We will make every effort to re-sell the unused time for you, however, you will be responsible for the remainder. We’re not trying to be bad guys. We just want to keep our doors open!
Challenged Reservations (ever see that episode of Star Trek where Spock and Kirk fight each other with giant batons? -Cool):
Let’s say you have time on hold. You are subject to being challenged for that time by another client. Should this occur, we will spring into action and call your office, cell, or walkie-talkie in a furtive effort to reach you. You will have three hours to respond. (Think of it like an “immunity challenge” on Survivor.) You will have the choice of buying the time or releasing it to your opponent. If you buy the time, better make sure you can be here, because you forfeit your right to cancel at a later date (even if it is prior to the twenty-four hour mark), and will be responsible for said time. Whew! The point is: we all gotta eat.
Terms (and other things our lawyers told us to say)
Previously approved credit accounts are due within thirty (30) days of invoice. Overdue accounts will be assessed 1-1/2% per month as a service charge. Without prior credit approval, terms are cash upon project completion. All invoices shall be deemed final and acceptable to client unless notice is provided to us within fifteen (15) days of the date of said invoice or postmark. We will retain a proprietary interest in any and all work performed until such time as all charges incurred are paid in full. In the unfortunate event that we incur costs to collect any sums lawfully due, we shall be entitled to said costs, expenses and damages, including reasonable attorney’s fees, incurred in connection therewith.
Release of Master Media:
It is understood and agreed that Digital One shall not release original master media or final mixes unless the following conditions have been met:
a) Full payment has been made of all invoices for studio charges and materials.
b) Master media will only be released to authorized personnel of client.
c) Upon acceptance of master media from Digital One, client acknowledges that media is being accepted as technically satisfactory and releases Digital One from any further liability regarding the masters.
Client assumes full responsibility for the condition of all Digital One’s property and agrees to be responsible for repairing and/or replacing any property or equipment of Digital One’s damaged as a result of Client’s carelessness, negligence or misuse. It is further understood and agreed that Client shall not hold Digital One responsible or liable for any loss or damage to any of client’s property left on the premises.
Client represents and warrants the video and audio materials and/or computer files regardless of format, delivered to Digital One, do not in any way defame, violate or infringe on copyrights, civil rights of privacy, or any other rights of any person, firm or corporation. Client agrees to indemnify Digital One and its officers, directors, agents or employees against and hold each of them harmless from any and all claims, costs, losses, detriments and expenses of any kind or nature, including without limitation, attorney’s fees and cost incurred by Digital One by reason of any breach or alleged breach of any representation, warranty or agreement made by client.
Delivery of Materials:
We will ship on client’s account, collect, or third party bill, subject to a packaging/handling fee. At client’s request, we will ship prepared and rebill the charges, plus a mark-up and handling fee. Client agrees that Digital One shall not be liable or responsible for any damages or loss to materials incurred in the shipping process.
We will add to all invoices any applicable city, state and federal taxes.
For loss or damage to client from defects in material, equipment and/or negligence of Digital One’s personnel, Digital One will again perform the recording service without charge, but all damages, consequential or otherwise, are expressly assumed by client. Digital One makes no warranties, express or implied, with reference to services and/or personnel furnished by it, and shall not be liable for any delays in the delivery of supplies, materials or work product, nor for any failure to perform the services for any cause whatsoever, including, but not limited to, act of God, fire, strike, labor disturbance, civil commotion, acts of government or its agencies and officers, or any other regulation, ruling or action of any labor union or association of employees affecting Digital One or the industry in which it is engaged.
Client will obtain all rights and licenses for recording and pay all sums due including, but not limited to: (1) applicable Sales Taxes and Excise Taxes, (2) all talent and copyright costs, and will indemnify and hold Digital One harmless against all loss of damage (including attorney’s fees) by reason of customer’s failure to pay such sums.
Client acknowledges and agrees that studio may dispose of and will in no way be responsible for any unclaimed and unrecovered materials as follows:
a) With respect to tapes left at Digital One for which there is an unpaid balance, these will be deemed unclaimed and may be recycled sixty (60) days after the last signed work order.
b) With respect to all other unclaimed tapes left at Digital One for twenty-four (24) months, with a paid balance, these will be deemed unclaimed and may be recycled twelve (24) months after last work date.
Storage and Insurance:
We will exercise care in the handling and storage of all client properties left or stored on our premises. However, we cannot assume any liability for loss or damage to any such properties. If properties of value are left on our premises for storage, we recommend that the appropriate insurance be secured by the client to cover their full value.