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

Mixing & Mastering

 

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:

 

Acknowledgements

0.1 The Artist agrees to relinquish total creative control over the preliminary, and final mixes or master to Michael T. Silva. This only pertains to the mixes and masters Michael T. Silva creates. The artist is allowed 2 revision rounds. This is to give Michael T. Silva the ability to hear the artists opinions and make any changes he believes will be an improvement. Ultimately Michal T. Silva's taste, opinion, and experience are the reason he is hired for a given job.

0.2Michael T. Silva agrees to consider the Artists opinion and suggestions. 

Services

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

1.2 Mastering-processing a stereo audio file to reach at least 14lufs (Loudness Unit Full Scale) on the loudest section of the song. Also processing any additional processing (software or analog towards his desired outcome.

1.3Artist 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 above/below(attached hereto and made a part hereof).

2.2Once Artist has received their 2nd revision of a mix, there will be an additional charge at $32 per hour for any change to that mix. In some cases further revisions may not be possible due to system changes or updates. In such cases the artist is responsible for hourly fee to work within that project or Michael T. Silva may offer an all inclusive price at his discretion. He is not obligated to work further on the project should he decide not to.

2.3Artist will pay Michael T. Silva a deposit of one half (1/2) the total cost of mixing at the time of booking. Time will not be reserved until the deposit amount is paid. Any additional charges for optional equipment will be added to the final invoice.

2.4aMichael T. Silva May offer payment plan or pricing 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 (within 7 days), Artist agrees to pay Michael T. Silva actual hourly rated of thirty two dollars ($32) per hour, including reasonable attorney’s fees, associated with any collection proceedings. 2.6The Artist must pay for storage starting thirty days after the 2nd revision is sent at a rate of five dollars ($5) per gig per week.

2.7Michael 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) or master of provided audio tracks. The mix and/or master will be a minimum format of 16bit 44.1hz. Once final payment is received. Mp3 format will be used for the revision process for protection Michael T. Silva and insure receiving final payment. Various other formats if available may be provided at Artist’s request.

3.2Michael T. Silva agrees to provide up to two mix and/or master revisions after first mix and/or master is completed. After the third version is submitted; further revision will be charged at the current hourly rate and will only be started once the 2nd half of the original agreement is paid in full.

3.3Michael T. Silva agrees to provide an estimated turn around time within 48 hours of the deposit being paid (turn around time is an estimate). Prioritization is determined by previous booking, and time at which Michael T. Silva receives deposits from all clients.

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 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.

3.6Michael T. Silva has a right to maintain his privacy and gives no one the right to his private recording facility and home. Access to in person in person communication, or work is solely up to Michael T. Silva's discretion.

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. This applies to Michael T. Silva's private studio, or any studio we may be visiting or utilizing as a result of working together.

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 48 hours of Michael T. Silva giving access to a mix and/or master. Failure to respond with mix notes within 48 hours of Michael T. Silva giving access to a mix and/or master 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 if he chooses to continue to work on the project.

 

 

Termination

5.1If 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.

5.2If Artist chooses to terminate after agreement or any payment,  Artist is responsible for deposits/amounts paid, as well as hourly rate of time worked at thirty five dollars ($35)per hour of which the deposit is applied. Deposits and any fees are not refundable. No refunds at any time.

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. In the event of a hard drive failure (his or the Artist's)Michael T. Silva is not responsible for any cost, nor work for anytime to replace the content.  

6.2Artist is solely responsible for all personal property belonging to Artist, Artist’s employees and guests. Michael 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 Michael T. Silva's or any facility's property caused by Artist, Artist’s employees, guests, invitees or agents, as a result of misuse, negligence, carelessness or willful misconduct while working on this project.

 

7.1Artist agrees to abide by the Terms and Conditions by any payment made to Michael T. Silva for these services or any future similar services unless otherwise specified and agreed upon in writing.

 

 

Release of Media

8.1Release of any media to the Artist after completion of the services(according to Michael T. Silva) 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, or master 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 at Michael T. Silva's discretion. The Artist is not entitled to any DAW files or Michael T. Silva's processes. 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, social media content, or education) under this agreement. Michael T. Silva is not allowed to sell the Artist's work in entirety 

 

Agreement

9.1This 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

9.2This 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.

 

 

10.1RATES AND CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE, BUT ANY SUCH CHANGE WILL NOT APPLY TO ANY PROJECTS WITH DEPOSITS PAID UNDER THIS AGREEMENT.

 

Rates 

Mixing

11.1

10 Track-One Hundred Fifty Dollars ($150.00)

for one song containing up to 10 source mono tracks.

 

48 track-Two Hundred Seventy Five ($250.00)

for one song containing up to 48 source mono tracks.

Mastering

Mastering One Song-Seventy Five ($75)

Mastering of one single song.

Mastering 10 Song Album-Six Hundred Seventy Five ($675)

Mastering of a ten (10) song album.

Tape processing-Twenty Five ($25.00)

Tape processing of a stereo audio file prior to mastering when available.

Additional revisions not included with originally purchased package will be billed at the current hourly rate of thirty dollars ($32) per hour.

 

 

 

Additional Charges

12.1Daily back-up to the studio’s hard drives is free while project is on going.

Onsite hard drive storage is free for thirty (30) days after the 2nd revision is sent to Artist, and $5.00 per gigabyte per week thereafter. Non-payment for storage after sixty (60) days after the 2nd revision is sent to the Artist may result in permanent deletion of the files.

Recording, Recording, Editing, Hourly and Per Song Rates

 

Michael T. Silva (and purchaser referred hereto as(the “Artist”).

 

In consideration of the provision of engineering recording, editing, and post production, provisions of other services provided Michael T. Silva, to Artist, the parties hereby agree as follows:

Services

13.1Michael 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, and forensic audio.

13.2Artist 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

14.1Artist agrees to pay for the Services at the applicable rates set out here(attached hereto and made a part hereof).

14.2Artist will pay Michael T. Silva a deposit of one half (1/2) of the estimated total charges at the time of booking, and the balance upon day  services are provided. Michael T. Silva's 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 paid for in advance by the Artist.

14.3The Artist must pay for any cost for use of third party studio or facility.

14.4Invoices are due and payable on receipt. If Artist fails to pay an invoice on time, Artist agrees to pay Michael T. Silva's actual expenses, including reasonable attorney’s fees, associated with any collection proceedings.

14.5Michael T. Silva 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 Michael T. Silva

15.1Michael T. Silva shall have the ability to record an audio of a digital format at a minimum of 24bits with a sample rate of 44.1hz.  

15.2 Michael T. Silva will provide recording of performance given by Artist and musicians hired by Artist. Michael T. Silva is not responsible for quality of performance. Michael T. Silva is not required to correct imperfections(timing, tone, or pitch unless specifically hired for editing)in any performance. Michael T. Silva however may chose to do so at the his discretion. 

15.3Michael T.Silva shall not be liable for sound artifacts created by electricity or radio interference.

15.4Michael T. Silva shall not be liable for any failure to perform his obligations if such failure is due to circumstances beyond its reasonable control (including but not limited to malfunction of  equipment, computer, software/hardware, and audio equipment). Any liability of michael shall be limited to the total of hours paid for by Artist to be rescheduled.

  

Responsibilities of Artist

16.1Artist agrees that it will: make all payments when due; pay all contract musicians, pay for any damage caused by Artist or by Artist’s personnel or guests, other than normal wear and tear, to the equipment , third party studio facilities, common areas, building, grounds, or Michael T. Silva's private property.

16.2The Artist agrees to pay for any and all third party studio deposits, and fees when due. This is for either studio time booked by the Artist or Michael T. Silva on the Artists behalf.

16.3The Artist agrees they will 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.

16.4 Michael T. Silva has express consent to book third party studio time on the Artist's behalf

16.5In the event of cancellation of a recording session or other scheduled service at a third party studio by Artist, Artist shall be responsible for 100% of the cost of such recording session required by third party studio.

00In the event of cancellation of a recording session or other scheduled service at Michael T. Silva's private studio by Artist, Artist will lose the deposit if the cancelation occurs within 48 hours of scheduled time.

16.6 In the event of tardiness on hourly session booked for Michael T. Silva's private studio artist is responsible for hourly rate (or prorated rate if multiple hours are purchased) of scheduled time. Start times are not moved regardless of locale of Artist (amounts paid are for scheduled time).

Termination

17.1If 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 deposit, as well as hourly rate of time worked at thirty five dollars ($35)per hour of which the deposit is applied. Deposit not refundable. No funds paid for services are refunded. 

Per Song Services

17.2Any per song packages Michael T. Silva may offer are subject to all applicable terms and conditions anywhere within this document. Recording, editing, and post production 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 ($35 per hour). Cancelation of session inside of 48 hours of scheduled time will be depleted from cache. In event of tardiness time is depleted from the 16 hour cache. No refunds on any amounts paid. 

Loss or Damage

18.11Michael 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. In the event of a hard drive failure (his or the Artist's)Michael T. Silva is not responsible for any cost, nor work for anytime to replace the content.  

18.22Artist is solely responsible for all personal property belonging to Artist, Artist’s employees and guests. Michael shall not be liable for any loss of or damage to any of such personal property.

18.3Artist shall be responsible for any loss or damage to Michael T. Silva's or any facility's property caused by Artist, Artist’s employees, guests, invitees or agents, as a result of misuse, negligence, carelessness or willful misconduct while working on this project.

 

19.1Artist agrees to abide by the Terms and Conditions of Use of Studio listed here.

20.1Rate of productivity may vary. Artist agrees Michael T. Silva’s duties may be creative in nature and duration of time to accomplish a given task is at his 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 Michael T. Silva choses to do so. Michael T. Silva is not required to release previously mentioned DAW files. Michael T. Silva given express consent by Artist to use/publish in part or whole any audio or derivative worked on (for the purpose of advertisement, portfolio, social media, or education) under this agreement. Michael is not allowed to sell your music.

 

 

Release of Media

21.1Release 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 Michael T. Silva from any and all liability and claims regarding such Services.

Entire Agreement

23.1This 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.

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

 

 

24.1Set-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

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

 

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

25.1Michael T Silva's Hourly Rates as of [05/2019])at:

Thirty Two Dollars($32) Per Hour(no prorate)

Two Hundred and Fifty Dollars($250.00) for 10 Hours (Breaks occurring within that time). 

Any additional time will be charged at the current hourly rate of thirty two dollars ($32)per hour. No proration.

 

 Additional Charges

26.1Optional Equipment:

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

 

Backups and Storage

27.1Michael's back up files are stored on a raid hard drive system. Artist may provide two additional hard drives for additional redundancy. The Artist agrees this is sufficient and a reasonable secure back up method and if in the event media is damaged or accidental deletion for any reason from both hard drives Michael T. Silva is released from any liability. Michael T. Silva 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 30 days 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

28.1Hospitality 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.

 

Use of Michael T. Silva's Private studio and a third party studio

29.1The Artist and anyone accompanying them, 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 facilities must be kept to a minimum at all times. 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.

29.2If the Artist brings equipment into the studio, the artist is solely responsible for the working order of the equipment. The Michael T. Silva reserves the right to refuse to allow the use of such equipment if the he believes it to be in unsafe condition. A current PAT certificate may be required.

29.3 The Artist agrees to not leave cigarette butts on the grounds and to smoke only where permitted (if permitted). 

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

29.4Alcohol and/or drug use is STRICTLY PROHIBITED anywhere on the properties. 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 facilities. No refunds on any amounts paid. The Artist is still responsible for the entire cost of scheduled time.

29.5No 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.

29.6The 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. 

29.7The Artist does not have any right to Michael T. Silva's private studio at any time. Michael T. Silva may allow the Artist into his private studio at his discretion. Refunds are never an option. All amounts paid are not refundable. Artist may only receive remote mixing and mastering service, and editing service as compensation at the rate of Thirty Two dollars($32) per hour at Michael T. Silva's discretion. 

29.8If in the event any items are damaged or become missing while the Artist is on Michael T. Silva's property, the artist agrees to pay for replacement of any such item at the cost replacement.

Producing and Songwriting

30.1For any project where he is the Producer(style and direction overseer). Michael T. Silva has total creative control and will make final decision as to when a project is complete. For the roll of producer(along with the up front fee of $350) Michael T. Silva is entitled to 3% total income generated by song or project from all sales. This includes any version of the song made hence forth. By purchase of the service the artist agrees to the value of Michael T. Silva's contribution as a "Producer" even in the event of a single consultation. Michael T. Silva has the right to negotiate his fees that may differ from the values listed above. The number values may change but all other stipulations remain and the percentage on total income generated will never be below 3%. Any such fees shall be collected no less than once a year.

30.2 The Artist may terminate Michael's authority over a given song at anytime for creative differences. Michael T. Silva will still be entitled to any amounts agreed upon for any contribution no matter how anyone may interpret the significance. No refunds. 

30.3As a writer/arranger, Michael is entitled to (along with the up front fee of $250) equal share of writing credit, copyright, as well as equal monetary compensation to match the highest percentage of any one entity.

 

Terms and Conditions

©2019 Michael Thomas Silva

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