Introduction
These Terms of Service ("Agreement") constitute a legally binding contract between you (the "Client") and 400 Recording, INC. (the "Studio"). By booking a session, making a payment, entering the Studio premises, or otherwise utilizing any services provided by the Studio, you acknowledge that you have read, understood, and unconditionally agree to be bound by this Agreement in its entirety.
Section 1: Services
1.1 Agreement to Terms
By booking a session, making a payment, or entering the Studio, you agree to be bound by this Agreement. If you do not agree to these terms, you must not use the Studio's services.
1.2 Definitions
- Studio / We / Us / Our — 400 Recording, INC., its staff, engineers, and authorized representatives at 400 E Oak St, Louisville, KY.
- Client / You / Your — The individual, group, or entity booking or paying for the Studio's services.
- Services — Studio time rental, audio recording, engineering, mixing, mastering, production, and data transfer.
- Session — The specific block of time reserved as detailed in your booking confirmation.
- Master Recording(s) — The final mixed stereo audio file(s) produced during a Session.
- Session Media — All digital data created during a Session, including multi-track files, stems, and MIDI.
1.3 Description of Services
400 Recording provides a professional audio recording environment, equipment, and technical personnel for the purpose of creating audio recordings. Whether a session includes an audio engineer is specified in your Booking Form. This Agreement governs all services rendered by the Studio.
Section 2: Booking, Payment & Cancellation
2.1 Booking and Scheduling
To confirm a session, the Client must pay a non-refundable deposit equal to 50% of the total estimated cost. Bookings are tentative until this deposit is received. The remaining 50% balance is due in full at the conclusion of the session, before the release of any files.
2.2 Rates and Payment Terms
Rates are as published on the Studio's website or specified in your Booking Form. The session clock begins at the scheduled start time regardless of arrival. All time including setup, breakdown, and file transfer is billable. All payments are processed through Stripe. The Client is responsible for any collection fees or legal costs incurred to recover unpaid balances.
2.3 Cancellation, Rescheduling & Tardiness
- Cancellation: Written notice required. Cancellations with less than 48 hours' notice result in forfeiture of the deposit.
- Rescheduling: Requests with less than 48 hours' notice are treated as cancellations. A new deposit is required to rebook.
- No-Shows: Clients more than 30 minutes late without prior communication may have their session cancelled and deposit forfeited.
- Studio Cancellation: In the event of emergency or force majeure, the Studio will offer a full deposit refund or reschedule at no additional cost.
Section 3: Client Responsibilities
3.1 Studio Rules and Conduct
The Client is responsible for their own conduct and all guests they bring to the session. The Studio maintains a professional environment. Clients causing property damage or safety issues may be removed without refund and billed for damages.
3.2 Equipment and Facilities
The Client is responsible for any damage to Studio equipment caused by their personnel. The Studio is not responsible for loss, theft, or damage to Client's personal equipment or property while on premises.
3.3 Digital Files and Storage
The Studio will maintain a backup of Session Media for 30 days following a session. After this period, the Studio reserves the right to archive or delete project files. Clients are responsible for obtaining their own copies of all deliverables.
Section 4: Intellectual Property
Upon receipt of full payment for all Services, the Client owns all rights to the Master Recordings produced during their session. The Studio retains no ownership interest in the Client's creative works. The Studio may use brief excerpts of completed work for promotional purposes unless the Client objects in writing.
Section 5: Payment Disputes & Chargebacks
The Client agrees to contact the Studio directly to resolve any billing concerns before initiating a chargeback with their financial institution. Chargebacks filed for services legitimately rendered will be disputed. The Studio reserves the right to pursue all available legal remedies for fraudulent chargebacks.
Section 6: Liability Limitation
The Studio's liability for any claim arising out of services rendered shall not exceed the total amount paid by the Client for the specific session in dispute. The Studio shall not be liable for indirect, incidental, or consequential damages.
Section 7: SMS Communications
By providing your phone number and consenting to receive text messages from 400 Recording, INC., you agree to the following:
- Message Frequency: Message frequency varies. You may receive booking confirmations, session reminders, and occasional promotional offers.
- Message & Data Rates: Message and data rates may apply. Check with your mobile carrier for details.
- Opt-Out: Reply STOP to any message to unsubscribe. You will receive one final confirmation, then no further messages. Reply START to re-subscribe.
- Help: Reply HELP for assistance, or contact us directly at (502) 414-0010.
- No Third-Party Sharing: Your mobile number and SMS consent will not be sold or shared with third parties for their own marketing or promotional purposes.
Section 8: Governing Law
This Agreement is governed by the laws of the Commonwealth of Kentucky. Any disputes shall be resolved in the courts of Jefferson County, Kentucky.
Contact
400 Recording, INC.
400 E Oak St, Louisville, KY 40203
(502) 414-0010