All services offered are subject to the following terms and conditions. By purchase you acknowledge these terms and conditions.  

 Blackbeard Recording Studio, Recording, Editing, Hourly and Per Song Rates

 

Blackbeard Recording Studios, Michael T. Silva (the “Studio”)  and purchaser referred hereto as(the “Artist”).

 

In consideration of the provision of studio time, the services of one (1) recording engineer and the provision of other services provided by Studio, to Artist, the parties hereby agree as follows:

Services

1.1Studio will provide the services set out here, such services herein after referred to as the “Services”), including but not limited to engineering, tracking, mixing, mastering, editing, composing, arranging, performing, and forensic audio.

1.2Artist understands that there will be additional fees for any additional services not listed on Exhibit A that are provided by Studio at Artist’s request.

Rates and Payment

2.1Artist agrees to pay for the Services at the applicable rates set out here(attached hereto and made a part hereof).

2.2Once Artist has approved a track, mix or master, there will be an additional charge for any change to that track, mix or master.

2.3Artist will pay Studio a deposit of one half (1/2) of the estimated total charges at the time of booking, and the balance upon day of services. Studio time will not be reserved until the deposit is paid. Any additional charges for optional equipment, supplies and consumables, hospitality services, and other items will be added to the final invoice.

2.4Invoices are due and payable on receipt. If Artist fails to pay an invoice on time, Artist agrees to pay Studio’s actual expenses, including reasonable attorney’s fees, associated with any collection proceedings.

2.5Studio retains ownership of the master/raw recordings and will not release it to Artist until all amounts owing under this Agreement are paid in full.

 

Responsibilities of Studio

3.1Studio shall have the ability to record an audio of a digital format at a minimum of 24bits with a sample rate of 44.1hz.  

3.2 Studio will provide recording of performance given by Artist and musicians hired by Artist. Studio is not responsible for quality of performance. The studio is not required to correct imperfections(timing, tone, or pitch) in any performance. The studio however may chose to do so at the engineer’s discretion. 

3.3Studio at Artist’s request, provide studio personnel to assist as required during Artist’s session; maintain safe, clean and comfortable facilities and ensure Artist’s privacy during sessions.

3.4Studio shall not be liable for any failure to perform its obligations if such failure is due to circumstances beyond its reasonable control (including but not limited to malfunction of  equipment, computer, software/hardware, and audio equipment). Any liability of Studio shall be limited to the total of hours paid for by Artist to be rescheduled.

3.5 If in the event recording or production can not take place in the studio Michael may offer to do so in an environment he deems adequate.  

Responsibilities of Artist

4.1Artist agrees that it will: make all payments when due; pay all contract musicians upon date of service;pay for any damage caused by Artist or by Artist’s personnel or guests, other than normal wear and tear, to the equipment, studio facilities, common areas, building or grounds;

not eat, drink, or smoke in the control room and not place any food, drinks or smoking material on any equipment; and not bring into or be under the influence of any illegal controlled substance or alcoholic beverage; respect the neighbors and neighborhood surrounding the facility.

4.2In the event of cancellation of a recording session or other scheduled service by Artist, Artist shall be responsible for 50% of the cost of such recording session (if cancellation occurs within 48 hours of the scheduled recording session).

4.3 In the event of tardiness on hourly session artist is responsible for hourly rate (or prorated rate if multiple hour package is purchased) of scheduled time. Start times are not moved regardless of locale of Artist (amounts paid are for scheduled time).

Termination

If Artist fails to comply with any of its responsibilities hereunder, Studio may terminate this Agreement and retain any amounts paid by Artist prior to such termination.

If Artist chooses to terminate after agreement,  Artist is responsible for deposit, as well as hourly rate of time worked at $75/hr of which the deposit is applied. Deposit not refundable. No funds paid for services are refunded. 

Per Song Services

Any per song packages are subject to all applicable terms and conditions anywhere within this document. Recording is limited to 16 hour cache per song. Any time scheduled for recording or production (mixing and mastering excluded)will be drawn from said cache. Any further recording or production after cache limit is reached will be subject to the current hourly rate at time of agreement. Cancelation of session outside of 48 hours of scheduled time will be depleted from cache at half per every hour scheduled missed for said session if booking is not be made to fill it's slot. In event of tardiness time is depleted from the 16 hour cache. No refunds on any amounts paid. Terms of service for mixing and mastering below applicable to all per song service. Including but not limited to revisions.

Loss or Damage

6.1Studio shall use reasonable efforts to secure all recording media (all masters, final mixes, DATs, cassettes, and all other media storage devices) belonging to the Artist and stored on the studio premises, but Studio shall not be liable for loss of or damage to any of the above.

6.2In the event of loss to or damage of Artist’s recording media due to willful negligence, Studio shall be responsible for replacement of no more than the studio time to date devoted to said recording media.

6.3Artist is solely responsible for all personal property belonging to Artist, Artist’s employees and guests. Studio shall not be liable for any loss of or damage to any of such personal property.

6.4Artist shall be responsible for any loss or damage to Studio property caused by Artist, Artist’s employees, guests, invitees or agents acting under Artist’s instruction, as a result of misuse, negligence, carelessness or willful misconduct.

 

Artist agrees to abide by the Terms and Conditions of Use of Studio listed here. Rate of productivity may vary. Artist agrees the engineer’s duties may be creative in nature and duration of time to accomplish a given task is at the engineer’s discretion. Artist agrees amounts paid are for time and service. This does not guarantee a completed product. At the end of time worked and if paid in full Artist is entitled to raw performance audio files, and a mix down of a project at that time. DAW (digital audio workstation) project files containing the engineers trade secrets and techniques may be released only if agreed upon by engineer. The engineer is not required to release previously mentioned DAW files. Studio, and engineer are given express consent by Artist to use/publish in part or whole any audio or derivative worked on (for the purpose of advertisement, portfolio, or education) under this agreement. 

 

 

Acceptance of Media

Receipt of any recorded media by Artist after completion of the Services shall be deemed acknowledgement between both parties that the quality of the Services is satisfactory to Artist and shall release Studio from any and all liability and claims regarding such Services.

Entire Agreement

This constitutes the entire agreement between Artist and Studio, and may not be modified, changed, or terminated in any way except in writing signed by both parties.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Texas. Any legal actions, claims or demands shall be handled in a court of competent jurisdiction within Harris County or appropriate jurisdiction.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date of first payment.

 

 

Services to be Provided by Blackbeard Recording Studios

Use of the studio facility, including live room, control room, lobby area, outdoor artist lounge area, artist restroom and use of all recording equipment installed at the time of recording. 

 

 Set-Up Times and Breaks Set-up time and breaks will be billed at the agreed hourly rate. Set-up times may vary. For multi channel/microphone/instrument recordings this may be up to several hours

The engineer will take a break for 15 minutes for  every 2 hours to stretch and alleviate ear fatigue etc., and a one 1 hour meal break for every 4 hours taken at his/her discretion. 

 

RATES AND CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE, BUT ANY SUCH CHANGE WILL NOT APPLY TO ANY CONTRACT CURRENTLY IN EFFECT.

Studio Rates as of [06/17/2017](Summer Discounted Rates)at:

Sixty Five Dollars($65.00) Per Hour(no prorate)

Four Hundred Dollars($400.00) for 10 Hours (time in studio including engineer). 

Any additional time will be charged at the current hourly rate of $65.00 per hour. No proration under $65.00 per hour.

Artist may purchase 10 hour blocks at current rate if deposit is made within two months of original 10 hour block scheduled date.

 

 Additional Charges

Optional Equipment:

Any equipment requested equipment not already available at the studio may be rented at Artis’s expense(given availability locally).

Supplies and Consumables

Supplies and consumables including CDs and flash drives, etc. These items will be charged out as follows:

CD's - One Dollar ($1.00) per blank disc (no label)  

16GB flash drive - Twenty Dollars ($20.00 Dollars)

500GB hard drive - One Hundred Dollars ($100.00)

1 TB Hard Drive - One Hundred Twenty Five Dollars ($125.00)

The above prices are for blank media only and do not include time for duplication or file transfer.

 

Backups and Storage

Studios files are stored on a raid hard drive system. Recordings are made to this raid system of two hard drives. Artist agrees this is sufficient and a reasonable secure back up method and if in the event media is damaged or accidental deletion deleted for any reason from both hard drives Studio is released from any liablity. The studio reserves the right to offer some studio time to replace lost performance or data but is not required to do so. Backing up to the artist’s storage media will be billed at the hourly studio rate.

Onsite hard drive storage is free for one month after the last recording session, and $5.00 per gigabyte thereafter, billed weekly in advance. Non-payment for storage after one month of last payment or recording session will result in permanent deletion of the files. Ongoing projects that are booking time on a regular basis (8 or more hours per month) are not subject to this provision.

 

Hospitality Services

Hospitality services are available by request with 24 hours advance notice. Hospitality services include catering and the provision of food and beverages. The Artist is responsible for the full payment of all food, drinks and gratuities directly to the caterer at the time of delivery.

CD Duplication

CD Duplication service is available for One Dollar & Fifty cents ($1.50) per disc. Paper envelopes if available are an additional Ten cents ($0.10) per

disc. 

 

Terms and Conditions of Use of Studio

All artists using studio space must behave in a manner that is respectful of the building and equipment, and is considerate of other users of the studio.

Noise outside the facility must be kept to a minimum between the hours of 10 PM and 8 AM. If you have a car alarm, you are responsible for making sure that it does not disturb either a recording session in progress or the residents living in the area.

If an artist brings equipment into the studio, the artist is solely responsible for the working order of the equipment. The studio reserves the right to refuse to allow the use of such equipment if the studio believes it to be in unsafe condition. A current PAT certificate may be required. Do not leave cigarette butts on the grounds. Smoking is permitted only outside.

Smoking is not allowed anywhere within the building. Place trash in the receptacles provided, whether on the grounds or inside the building.

Alcohol and/or drug use is STRICTLY PROHIBITED anywhere on the property. Any such behavior by the artist or by the artist’s crew or guests will result in immediate termination of the contract and removal of the person(s) from the facility.

No beverages of any kind – including water – are to be consumed in the control room or near any equipment. The artist is liable for any and all damage caused by negligence, recklessness, or misconduct of the artist or the artist’s crew or guests.

The artist is allowed to have up to 4 guests (people not actively involved in the recording session), but the artist is responsible for these guests. If a guest is disruptive to a session, guest will be asked to leave. 

Mixing

 

Michael T. Silva and Purchaser Referred Hereto by (the”Artist”)

In consideration of the provision of audio mixing services, to Artist, the parties hereby agree as follows:

 

In consideration of the provision of studio time, the services of one (1) recording engineer and the provision of other services provided by Studio to Artist, the parties hereby agree as follows:

Services

1.1 Blending multiple audio tracks into a stereo audio track. Using at his discretion any number of processing (software or analog) towards his desired outcome.

1.2Artist understands that there will be additional fees for any additional services not listed above that are provided by Michael T. Silva at Artist’s request.

Rates & Payment

2.1Artist agrees to pay for the Services at the applicable rates set out on Exhibit B (attached hereto and made a part hereof).

2.2Once Artist has approved a track, mix or master, there will be an additional charge for any change to that track, mix or master.

2.3Artist will pay Michael T. Silva  total cost of mix of entirely at the time of booking. Time will not be reserved until the total amount is paid. Any additional charges for optional equipment will be added to the final invoice.

2.4aMichael T. Silva May offering payment plan not listed here. This may include a deposit along with subsequent payments. Unless specified separately prior to payment Exhibit 2.3 of Michael T. Silva’s Terms of Service will be default.

2.5Invoices are due and payable on receipt. If Artist fails to pay an invoice on time, Artist agrees to pay Michael T. Silva actual expenses, including reasonable attorney’s fees, associated with any collection proceedings.

2.6Michael T. Silva retains ownership of the any preliminary or final mix produced by him  and will not release it to Artist until all amounts owing under this Agreement are paid in full.

 

Responsibilities of Michael T. Silva

3.1Michael T. Silva agrees to provide a mix (or blend) of provided audio tracks. The mix will be a minimum format of 16bit 44.1hz. Mp3 format is available at Artist’s request. Various other formats if available may be provided at Artist’s request.

3.2Michael T. Silva agrees to provide up to two mix revisions after first mix is completed. After the third mix is submitted; further revision will be charged at the current hourly rate.

3.3Michael T. Silva agrees to provide an estimated turn around time at time of purchase (turn around time is an estimate). 

3.4Michael T. Silva shall not be liable for any failure to perform his obligations if such failure is due to circumstances beyond its reasonable control. Any liability of Michael T. Silva shall be limited to the total of all amounts paid by Artist for Services under this Agreement (redeemable only by providing equivalent service).

3.5Michael T. Silva is not responsible for unwanted preexisting noise or sounds contained within source audio. He may attempt (to the best of his ability) to edit and treat such noise or sound for his current hourly fee with approval from Artist.

Responsibilities of Artist

4.1Artist agrees that it will: make all payments when due; pay for any damage caused by Artist or by Artist’s personnel or guests, other than normal wear and tear, to the equipment, studio facilities, common areas, building or grounds;

not eat, drink, or smoke in the control room and not place any food, drinks or smoking material on any equipment; and not bring into or be under the influence of any illegal controlled substance or alcoholic beverage; respect the neighbors and neighborhood surrounding the facility.

4.2Artist agrees to provide audio files with quality of no less than 16bit 44.1hz. Mp3s will not be accepted. 

4.3Artist agrees to provide mix notes for revisions within 24 hours of Michael T. Silva sending a Mix. Failure to respond with mix notes within 48 hours of Michael T. Silva  sending a mix will be considered acceptance by Artist and relinquishes entitlement to further revision under original cost. Any further revision will be charged at Michael T. Silva’s current hourly rate.

 

 

Termination

If Artist fails to comply with any of its responsibilities hereunder, Michael T. Silva may terminate this Agreement and retain any amounts paid by Artist prior to such termination.

If Artist chooses to terminate after agreement,  Artist is responsible for deposits/amounts paid, as well as hourly rate of time worked at $50/hr of which the deposit is applied. Deposits and any fees not refundable.

Loss or Damage

6.1Michael T. Silva shall use reasonable efforts to secure all recording media (all master tapes, slaves, final mixes, DATs, cassettes, and all other magnetic media storage devices) belonging to the Artist and stored on the studio premises, but Michael T. Silva  shall not be liable for loss of or damage to any of the above.

6.2Artist is solely responsible for all personal property belonging to Artist, Artist’s employees and guests. Studio shall not be liable for any loss of or damage to any of such personal property.

6.3Artist shall be responsible for any loss or damage to Studio property caused by Artist, Artist’s employees, guests, invitees or agents acting under Artist’s instruction, as a result of misuse, negligence, carelessness or willful misconduct.

Terms and Conditions of Use

Artist agrees to abide by the Terms and Conditions of Use of Studio listed.

 

 

Acceptance of Media

Receipt and acceptance of the recording media by Artist after completion of the services shall be deemed acknowledgement between both parties that the quality of the Services is satisfactory to Artist and shall release Michael T. Silva from any and all liability and claims regarding such Services. After mix is delivered and if paid in full Artist is entitled to original source files, and final mixes provided.  DAW (digital audio workstation) project files containing the engineers trade secrets and techniques may be released only if agreed upon by Michael T. Silva prior to mixing. Michael T. Silva  is not required to release previously mentioned DAW files. Michael T. Silva  is given express consent by Artist to use/publish in part or whole any audio or derivative worked on (for the purpose of advertisement, portfolio, or education) under this agreement. Entire Agreement

This constitutes the entire agreement between Artist and Michael T Silva, and may not be modified, changed, or terminated in any way except in writing signed by both parties.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Texas. Any legal actions, claims or demands shall be handled in a court of competent jurisdiction within Harris County or appropriate jurisdiction.

 

 

RATES AND CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE, BUT ANY SUCH CHANGE WILL NOT APPLY TO ANY CONTRACT CURRENTLY IN EFFECT.

 

Rates for mixing (Summer Discount 2017)

One Hundred Forty Nine Dollars ($149.00) for one song containing up to 6 source mono tracks including one stereo track.

 

Two Hundred Ninety Nine Dollars ($299.00) for one song containing up to 48 source mono tracks

 

Additional revisions not included with originally purchased package will be billed at the current hourly rate of Sixty Five Dollars ($65) per hour.

 

 

 

Additional Charges

 

Supplies and Consumables

Supplies and consumables include CDs, cassettes, tape, DVDs, etc. These items will be charged out as follows:

CD's - One Dollar ($1.00) per blank disc (no label) Serial ATA  500GB hard drive - One Hundred Dollars ($100.00)  

The above prices are for blank media only and do not include time or duplication.

Backups and Storage

Daily back-up to the studio’s hard drives is free during each recording session.

Onsite hard drive storage is free for one month after the last revision is sent to Artist, and $5.00 per gigabyte thereafter, billed weekly in advance. Non-payment for storage will result in permanent deletion of the files. Ongoing projects that are booking time on a regular basis (8 or more hours per month) are not subject to this provision.

Mastering

 

Michael T. Silva and Purchaser Referred Hereto by (the”Artist”)

In consideration of the provision of audio mastering services, to Artist, the parties hereby agree as follows:

 

In consideration of the provision of studio time, the services of one (1) recording engineer and the provision of other services provided by Studio to Artist, the parties hereby agree as follows:

Services

1.1 Processing a mixed stereo audio file for distribution using analog hardware, digital software or a combination thereof.

1.2Artist understands that there will be additional fees for any additional services not listed on 1.1 that are provided by Michael T. Silva at Artist’s request.

Rates; Payment

2.1Artist agrees to pay for the Services at the applicable rates set out on here in the terms of service.

2.2Once Artist has approved a master, there will be an additional charge for any change to that track.

2.3Artist will pay Michael T. Silva  total cost of mastering service entirely at the time of booking. Time will not be reserved until the total amount is paid. Any additional charges for optional equipment will be added to the final invoice.

2.4Michael T. Silva may offering payment plan not listed here. This may include a deposit along with subsequent payments. Unless specified separately prior to payment  2.3 of Mastering Terms of Service will be default.

2.5Invoices are due and payable on receipt. If Artist fails to pay an invoice on time, Artist agrees to pay Michael T. Silva actual expenses, including reasonable attorney’s fees, associated with any collection proceedings.

2.6Michael T. Silva retains ownership of the any preliminary or final master produced by him  and will not release it to Artist until all amounts owing under this Agreement are paid in full.

 

Responsibilities of Michael Silva

3.1Michael T. Silva agrees to provide a mix (or blend) of provided audio tracks. The mix will be a minimum format of 16bit 44.1hz. Mp3 format is available at Artist’s request. Various other formats if available may be provided at Artist’s request.

3.2Michael T. Silva agrees to provide up to two mix revisions after first mix is completed. After the third mix is submitted; further revision will be charged at the current hourly rate.

3.3Michael T. Silva agrees to provide an estimated turn around time at time of purchase (turn around time is an estimate). 

3.4Michael T. Silva shall not be liable for any failure to perform his obligations if such failure is due to circumstances beyond its reasonable control. Any liability of Michael T. Silva shall be limited to the total of all amounts paid by Artist for Services under this Agreement (redeemable only by providing equivalent service).

3.5Michael T. Silva is not responsible for unwanted preexisting noise or sounds contained within source audio. He may attempt (to the best of his ability) to edit and treat such noise or sound for his current hourly fee with approval from Artist.

Responsibilities of Artist

4.1Artist agrees that it will: make all payments when due; pay for any damage caused by Artist or by Artist’s personnel or guests, other than normal wear and tear, to the equipment, studio facilities, common areas, building or grounds;

not eat, drink, or smoke in the control room and not place any food, drinks or smoking material on any equipment; and not bring into or be under the influence of any illegal controlled substance or alcoholic beverage; respect the neighbors and neighborhood surrounding the facility.

4.2Artist agrees to provide audio files with quality of no less than 16bit 44.1hz. Mp3s will not be accepted. 

4.3Artist agrees to provide notes for revisions within 24 hours of Michael T. Silva  delivering a master. Failure to respond with notes seven days of master delivery will be considered acceptance by Artist and relinquishes entitlement to further revision under original cost. Any further revision will be charged at Michael T. Silva’s current hourly rate.

 

 

Termination

If Artist fails to comply with any of its responsibilities hereunder, Michael T. Silva may terminate this Agreement and retain any amounts paid by Artist prior to such termination.

If Artist chooses to terminate after agreement,  Artist is responsible for deposits/amounts paid, as well as hourly rate of time worked at $50/hr of which the deposit is applied. Deposits and any fees not refundable.

Loss or Damage

6.1Michael T. Silva shall use reasonable efforts to secure all recording media (all master tapes, slaves, final mixes, DATs, cassettes, and all other magnetic media storage devices) belonging to the Artist and stored on the studio premises, but Michael T. Silva  shall not be liable for loss of or damage to any of the above.

6.2Artist is solely responsible for all personal property belonging to Artist, Artist’s employees and guests. Studio shall not be liable for any loss of or damage to any of such personal property.

6.3Artist shall be responsible for any loss or damage to Studio property caused by Artist, Artist’s employees, guests, invitees or agents acting under Artist’s instruction, as a result of misuse, negligence, carelessness or willful misconduct.

Terms and Conditions of Use

Artist agrees to abide by the Terms and Conditions of Use of Studio listed.

 

 

Acceptance of Media

Receipt and acceptance of the recording media by Artist after completion of the services shall be deemed acknowledgement between both parties that the quality of the Services is satisfactory to Artist and shall release Michael T. Silva from any and all liability and claims regarding such Services. After mix is delivered and if paid in full Artist is entitled to original source files, and final mixes provided.  DAW (digital audio workstation) project files containing the engineers trade secrets and techniques may be released only if agreed upon by Michael T. Silva prior to mixing. Michael T. Silva  is not required to release previously mentioned DAW files. Michael T. Silva  is given express consent by Artist to use/publish in part or whole any audio or derivative worked on (for the purpose of advertisement, portfolio, or education) under this agreement. Entire Agreement

This constitutes the entire agreement between Artist and Michael T Silva, and may not be modified, changed, or terminated in any way except in writing signed by both parties.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Texas. Any legal actions, claims or demands shall be handled in a court of competent jurisdiction within Harris County or appropriate jurisdiction.

 

RATES AND CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE, BUT ANY SUCH CHANGE WILL NOT APPLY TO ANY CONTRACT CURRENTLY IN EFFECT.

 

Rates for Mastering (Summer Discount 2017)

Ninety Nine Dollars($99.00) per song mastering (stereo track).

 

Additional revisions not included with originally purchased package will be billed at the current hourly rate of Sixty Five Dollars ($65) per hour.

 

 

 

Additional Charges

 

Supplies and Consumables

Supplies and consumables include CDs, cassettes, tape, DVDs, etc. These items will be charged out as follows:

CD's - One Dollar ($1.00) per blank disc (no label) Serial ATA  500GB hard drive - One Hundred Dollars ($100.00)  

The above prices are for blank media only and do not include time or duplication.

Backups and Storage

Daily back-up to the studio’s hard drives is free during each recording session.

Onsite hard drive storage is free for one month after the last revision is sent to Artist, and $5.00 per gigabyte thereafter, billed weekly in advance. Non-payment for storage will result in permanent deletion of the files. Ongoing projects that are booking time on a regular basis (8 or more hours per month) are not subject to this provision.

Video

 

Michael T. Silva and Purchaser Referred Hereto by (the ”Client”)

In consideration of the provision of audio mixing services, to Client, the parties hereby agree as follows:

 

In consideration of the provision of studio time, the services of one (1) recording engineer and the provision of other services provided by Studio to Artist, the parties hereby agree as follows:

Services

1.1 Video Capture.

1.2 Video Editing.

Rates & Payment

2.1Client agrees to pay for the Services at the applicable rates set out on Exhibit B (attached hereto and made a part hereof).

2.2 Client gives creative control to Michael T. Silva over video shot, composition and editing for first draft. One revision is allowed to existing first draft. Subsequent changes may incur additional charge 

2.3Artist will pay Michael T. Silva half total cost of video production of entirely at the time of booking. Time will not be reserved until half the total amount for audio and video project is paid. Any additional charges for optional equipment will be added to the final invoice.

2.4aMichael T. Silva May offer payment plan not listed here. This may include a deposit along with subsequent payments. Unless specified separately prior to payment Exhibit 2.3 of Michael T. Silva’s Terms of Service will be default.

2.5Invoices are due and payable on receipt. If Client fails to pay an invoice on time, Artist agrees to pay Michael T. Silva actual expenses, including reasonable attorney’s fees, associated with any collection proceedings.

2.6Michael T. Silva retains ownership of the any preliminary or final works produced by him and will not release it to Client until all amounts owing under this Agreement are paid in full.

 

Responsibilities of Michael T. Silva

3.1Michael T. Silva agrees to provide a video of single or multiple angles. Various other formats if available may be provided at Artist’s request.

3.2Michael T. Silva agrees to provide a single revision on editing of video.

3.3Michael T. Silva agrees to provide an estimated turn around time at time of purchase (turn around time is an estimate). 

3.4Michael T. Silva shall not be liable for any failure to perform his obligations if such failure is due to circumstances beyond its reasonable control. Any liability of Michael T. Silva shall be limited to the total of all amounts paid by Client for Services under this Agreement (redeemable only by providing equivalent service).

3.5Michael T. Silva is not responsible for appearance of artist, location, or venue. He may attempt (to the best of his ability) to edit and treat such aesthetically "unpleasing" issues for his current hourly fee with approval from Artist.

Responsibilities of Client

4.1Client agrees that it will: make all payments when due; pay for any damage caused by Artist or by Artist’s personnel or guests, other than normal wear and tear, to the equipment, studio facilities, common areas, building or grounds;

not eat, drink, or smoke in the control room and not place any food, drinks or smoking material on any equipment; and not bring into or be under the influence of any illegal controlled substance or alcoholic beverage; respect the neighbors and neighborhood surrounding the facility.

4.2N/A

  

4.3Client agrees to provide editing notes for revisions within 24 hours of Michael T. Silva sending an edit. Failure to respond with edit notes within 48 hours of Michael T. Silva sending an edit will be considered acceptance by Client and relinquishes entitlement to further revision under original cost. Any further revision will be charged at Michael T. Silva’s current hourly rate.

 

 

Termination

If Client fails to comply with any of its responsibilities hereunder, Michael T. Silva may terminate this Agreement and retain any amounts paid by Client prior to such termination.

If Client chooses to terminate after agreement,  Client is responsible for deposits/amounts paid, as well as hourly rate of time worked at $49.99/hr of which the deposit is applied. Deposits and any fees not refundable.

Loss or Damage

6.1 Michael T. Silva shall use reasonable efforts to secure all recording media (all master video files) belonging to the Client and stored on the studio premises, but Michael T. Silva  shall not be liable for loss of or damage to any of the above.

6.2 Client is solely responsible for all personal property belonging to Client, Clients’s employees and guests. Studio shall not be liable for any loss of or damage to any of such personal property.

6.3 Client shall be responsible for any loss or damage to Studio property caused by Client, Client’s employees, guests, invitees or agents acting under Artist’s instruction, as a result of misuse, negligence, carelessness or willful misconduct.

Terms and Conditions of Use

Client agrees to abide by the Terms and Conditions of Use of Studio listed.

 

 

Acceptance of Media

Receipt and acceptance of the recording media by Client after completion of the services shall be deemed acknowledgement between both parties that the quality of the Services is satisfactory to Client and shall release Michael T. Silva from any and all liability and claims regarding such Services. After media is delivered and if paid in full Artist is entitled to only final edited video product. No source files. DAW (digital audio workstation) and video production project files containing the editor's trade secrets and techniques may be released only if agreed upon by Michael T. Silva prior to booking. Michael T. Silva is not required to release previously mentioned DAW, video, or production files. Michael T. Silva is given express consent by Client to use/publish in part or whole any audio/video or derivative worked on (for the purpose of advertisement, portfolio, or education) under this agreement.

Entire Agreement

This constitutes the entire agreement between Client and Michael T Silva, and may not be modified, changed, or terminated in any way except in writing signed by both parties.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Texas. Any legal actions, claims or demands shall be handled in a court of competent jurisdiction within Harris County or appropriate jurisdiction.

 

 

RATES AND CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE, BUT ANY SUCH CHANGE WILL NOT APPLY TO ANY CONTRACT CURRENTLY IN EFFECT.

 

Hourly Rate for video production (2017)

($50 per hour)

 

Additional revisions not included with originally purchased package will be billed at the current hourly rate of 50 Dollars ($50) per hour.

 

 

 

Terms and Conditions

Acoustic Music Day

 

Michael T. Silva and Purchaser Referred Hereto by (the ”Client”)

In consideration of the provision of audio mixing services, to Client, the parties hereby agree as follows:

 

In consideration of the provision of studio time, the services of one (1) recording engineer and minimum of 2 camera's to film the provision of other services provided by Studio to Artist, the parties hereby agree as follows:

Services

1.1 Video Capture of one time performance.

1.2 Video Editing of one time performance.

1.3 Audio Recording of one time performance.

Rates & Payment

2.1Client agrees to pay for the Services at the applicable rates set out on Exhibit B (attached hereto and made a part hereof).

2.2 Client gives creative control to Michael T. Silva over video shot, composition and editing for first draft. One revision is allowed to existing first draft. Subsequent changes may incur additional charge 

2.3Artist will pay Michael T. Silva total cost of video production of entirely at the time of booking. Time will not be reserved until half the total amount for audio and video project is paid. Any additional charges for optional equipment will be added to the final invoice.

2.4aMichael T. Silva May offer payment plan not listed here. This may include a deposit along with subsequent payments. Unless specified separately prior to payment Exhibit 2.3 of Michael T. Silva’s Terms of Service will be default.

2.5Invoices are due and payable on receipt. If Client fails to pay an invoice on time, Artist agrees to pay Michael T. Silva actual expenses, including reasonable attorney’s fees, associated with any collection proceedings.

2.6Michael T. Silva retains ownership of the any preliminary or final works produced by him and will not release it to Client until all amounts owing under this Agreement are paid in full.

2.6 Client will have a minimum of 30 minutes to perform a single song per single time slot purchased.

 

Responsibilities of Michael T. Silva

3.1Michael T. Silva agrees to provide a video of single or multiple angles. Various other formats if available may be provided at Artist’s request.

3.2Michael T. Silva agrees to provide a single version of the completed project. Any subsequent changes will be made at cost of the current hourly wage of $49.99 to Client

3.3Michael T. Silva agrees to provide an estimated turn around time within 24 hours of purchase (turn around time is an estimate generally within 2 business weeks). 

3.4Michael T. Silva shall not be liable for any failure to perform his obligations if such failure is due to circumstances beyond its reasonable control. Any liability of Michael T. Silva shall be limited to the total of all amounts paid by Client for Services under this Agreement (redeemable only by providing equivalent service).

3.5Michael T. Silva is not responsible for appearance of artist, location, or venue. He may attempt (to the best of his ability) to edit and treat such aesthetically "unpleasing" issues for his current hourly fee with approval from Artist.

Responsibilities of Client

4.1Client agrees that it will: make all payments when due; pay for any damage caused by Artist or by Artist’s personnel or guests, other than normal wear and tear, to the equipment, studio facilities, common areas, building or grounds;

not eat, drink, or smoke in the control room and not place any food, drinks or smoking material on any equipment; and not bring into or be under the influence of any illegal controlled substance or alcoholic beverage; respect the neighbors and neighborhood surrounding the facility.

4.2 Client must be present at scheduled time. If the Client is late or doesn't show client may loose ability to participate.

  

 

 

Termination

If Client fails to comply with any of its responsibilities hereunder, Michael T. Silva may terminate this Agreement and retain any amounts paid by Client prior to such termination.

If Client chooses to terminate after agreement,  Client is responsible for deposits/amounts paid, as well as hourly rate of time worked at $49.99/hr of which the deposit is applied. Deposits and any fees not refundable.

Loss or Damage

6.1 Michael T. Silva shall use reasonable efforts to secure all recording media (all master video files) belonging to the Client and stored on the studio premises, but Michael T. Silva  shall not be liable for loss of or damage to any of the above.

6.2 Client is solely responsible for all personal property belonging to Client, Clients’s employees and guests. Studio shall not be liable for any loss of or damage to any of such personal property.

6.3 Client shall be responsible for any loss or damage to Studio property caused by Client, Client’s employees, guests, invitees or agents acting under Artist’s instruction, as a result of misuse, negligence, carelessness or willful misconduct.

Terms and Conditions of Use

Client agrees to abide by the Terms and Conditions of Use of Studio listed.

 

 

Acceptance of Media

Receipt and acceptance of the recording media by Client after completion of the services shall be deemed acknowledgement between both parties that the quality of the Services is satisfactory to Client and shall release Michael T. Silva from any and all liability and claims regarding such Services. After media is delivered and if paid in full Artist is entitled to only final edited video product. No source files. DAW (digital audio workstation) and video production project files containing the editor's trade secrets and techniques may be released only if agreed upon by Michael T. Silva prior to booking. Michael T. Silva is not required to release previously mentioned DAW, video, or production files. Michael T. Silva is given express consent by Client to use/publish in part or whole any audio/video or derivative worked on (for the purpose of advertisement, portfolio, or education) under this agreement.

Entire Agreement

This constitutes the entire agreement between Client and Michael T Silva, and may not be modified, changed, or terminated in any way except in writing signed by both parties.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Texas. Any legal actions, claims or demands shall be handled in a court of competent jurisdiction within Harris County or appropriate jurisdiction.

 

 

RATES AND CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE, BUT ANY SUCH CHANGE WILL NOT APPLY TO ANY CONTRACT CURRENTLY IN EFFECT.

No refunds for any reason. Cancelations outside of a week may be rescheduled.

 

Hourly Rate for video/audio production (2017)

($50 per hour)

 

Additional revisions not included with originally purchased package will be billed at the current hourly rate of 50 Dollars ($50) per hour.

 

 

 

©2019 Michael Thomas Silva

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