1.2 Deposit: In order to guarantee booking, 1/2 of the total booking fee(s) for the Recording Session(s) shall be paid by the “Client” upon execution of this agreement (the "Deposit"). Upon receipt, the Deposit shall be applied toward the total balance of the of the agreed upon Recording Session. “Client” acknowledges that until deposit funds have been confirmed that the proposed booking is not guaranteed, however, in good faith and in consideration of NightBird’s valued clients, this time shall be reserved until and unless another booking pays for said time.
NightBird requires a minimum of 24 hours of notice for cancellation of sessions. If the “Client”, however, cancels within the 24-hour period and NightBird is able to rebook all or a portion of the studio time reserved by the “Client”, to such extent and consistent with NightBird’s good faith business practices, the Deposit, or portion there of, shall be refunded.
1) Unless a 50% deposit is received the proposed booking is not guaranteed, however, in good faith and in consideration of NightBird’s valued clients, this time shall be reserved until and unless another booking pays for said time.
2) NightBird invoices are payable upon receipt, the following late fees shall be applied after non-payment:
a) 10% late-fee after 30 days of non-payment
b) 15% late-fee after 45 days of non-payment
c) 20% late-fee after 60 days of non-payment
Late-fees are non-negotiable, should the balance of any invoice not be paid within 90 days, regrettably, NightBird shall submit outstanding money due to NightBird’s collection agency. Incidental charges shall be paid by client, upon receipt of goods, unless another arrangement has been made in advance to specify a fixed “budget” from the client prior to the session.
1.4 Special Terms: Each additional hour or part thereof will be billed at a rate of $195 per hour (Studio A), $145 per hour (Studio B), $85 per hour (Studio C) for studio time.
Complimentary VIP parking will be provided for up to three cars per day, dependent on availability at Sunset Marquis.
1.5 Additional Charges: Any additional equipment rentals, media, storage materials, post-production services, courier services, food, beverages, etc. shall be provided upon Client's request and will be billed to the client's invoice.
1.6 Hotel: Based upon availability, NightBird can reserve rooms at Sunset Marquis at preferred rates. This complimentary service is for room reservations only.
1.7 Room Service: Room Service is available to all Studio Guests. Charges are to be paid at the time of delivery directly by the individuals ordering.
1.8 Release of Media: Client's media shall be released upon full payment of all invoices.
2.1 Liability: Client shall be responsible for any misuse of, or damage to the Facility.
2.2 Regulations: Tobacco use is permitted in designated areas only. Client shall ensure that no one takes or otherwise consumes illegal drugs in the Facility. No pets are allowed in or around the Facility.
3. Technical Staff: Client agrees they have been made aware of options for technical staff available for a recording session. Options include: Assistant Engineer, First Engineer, and Second Engineer. If NightBird determines that Client's technical requirements have exceeded the initial specifications agreed upon, Client will be notified and the new rates will be applied to Invoices.
4. Liability of NightBird; Disclaimers:
4.1 NightBird shall be liable for failure of its equipment or its personnel to perform in accordance with reasonable studio standards and practices. In the event of equipment or personnel failure, studio time paid for by Client shall be refunded by NightBird at the given studio rate, or Client may choose the equivalent in additional studio time once the problem has been corrected.
4.2 NIGHTBIRD SHALL NOT BE LIABLE FOR FAILURE DUE TO ACTS OF GOD, CATASTROPHIC EVENTS, WAR, INSURRECTION, ACTS OF GOVERNMENT, LABOR DIFFICULTIES, ENERGY SHORTAGES OR BLACK-OUTS, OR MATERIALS, EQUIPMENT AND PERSONNEL PROVIDED BY
5. Limitation of Liability: IN NO EVENT SHALL NIGHTBIRD BE RESPONSIBLE TO THE CLIENT FOR
COSTS, EXPENSES, LIABILITIES, CLAIMS OR DAMAGES RESULTING FROM THE LOSS OF ACTUAL OR ANTICIPATED REVENUE, OR FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL
DAMAGES. This agreement is made on the express condition that NightBird Studios is to be free from all liability by reason of injury or loss to person or property, or both, including without limitation, injury or loss to person or property of the client, its agents, officers, employees, contractors, representatives, guests and invitees, or the property of third parties in their custody, caused by water leakage or any character, gas fire, oil, electricity, theft, failure of interruption of telephone or utility services, or any other cause whatsoever or arising out of the condition of the Premises or any portion thereof including the parking area and common areas of the building in which the leased premises are located, and their surrounding areas, or arising out of the use or misuse of the Premises or the Sunset Marquis facilities by the client, its agents, officers, employees, guests or invites, or arising out of or as a result of the act or omission of the client, or it's officers, employees, agents representatives, guests or invitees in connection with this agreement and the Client shall indemnify, protect, defend, save and hold NightBird Studios harmless from and against any and all such claims, losses damages, liabilities, demands, actions, suits, costs and expenses whatsoever, including reasonable attorney fees. However, the Client shall not indemnify nor hold NightBird Studios harmless from injuries or losses resulting from the sole negligence or willful misconduct of NightBird Studios, its agents, officers or employees.
6. Disputes: In the event of a dispute arising under this agreement, such dispute shall be resolved ina binding arbitration proceeding held in Los Angeles, California pursuant to the then current rules of the American Arbitration Association. One arbitrator shall be selected familiar with the music industry who shall apply the internal, local laws of the State of California. The prevailing party in any dispute hereunder shall recover its reasonable attorney's fees and costs, including any fees and costs to judicially enforce any arbitration award. Client consents to personal jurisdiction in the State of California for any disputes hereunder.
7. Entire Agreement: This Agreement contains the entire agreement between the parties hereto, supersedes and nullifies all prior understandings, promises and undertakings, if any, made orally or in writing by or on behalf of the parties with respect to the subject matter hereof, and may not be modified without a written agreement signed and dated by the parties hereto.