APS Terms & Conditions
The Agreement alone applies to all facilities hired and work done by the
Company for the Client and prevails over any terms and conditions put
forward by the Client.
2. STUDIO FACILITIES
o The Company shall make the Studio and the engineers
available to the Client for the Period of Booking and shall
produce the recording at the direction and subject to the
monitoring and approval of the Client or the Representatives.
The Client shall only permit people directly involved in the
Recording, as stated on the Booking Form, to enter the
Premises and only during the Booking Period. The Company
reserves the right to require any person to leave the Premises.
o The Client is responsible for:
ensuring the suitability of the Studio for the Client’s
ensuring that the Client’s Equipment is compatible with
the technical quality of any recording engineered by
personnel provided by the Client;
any acts or omissions of the Representatives or the
Client’s Personnel as if those acts and omissions were its
and the Company gives no warranty, undertaking or representation as to
any of the foregoing.
If (a) the Client fails to use the Studio for any or all of the Period of
Booking, (b) the Client cancels the Booking or (c) the Company
terminates the Booking or any or all of its, the Company may at its
sole discretion and without any obligation whatsoever, make the
Studio and Operators available for an alternative booking (in each
case without having to refund the Fees or any part thereof to the
o When booking online, the following terms are applicable
50% of all Fees are payable at the point of booking as a
non-refundable payment. Client is entitled to reschedule
session once providing the company is informed at least
24 hours BEFORE the booking is due to take place.
Cancelling within 24 hours of a scheduled booking will
result in the client losing the deposit.
the remaining balance of such Fees shall be payable at
the end of the scheduled booking
o No part of the Master Recording will be released to the Client
until all outstanding Fees have been received by the Company.
o It is the clients responsibility to arrive 10 mins before the
booking is due to commence. Late starting sessions will still
end at the scheduled finishing point. No extra time will be
5. CLIENT’S OWN MEDIA, PERSONNEL AND EQUIPMENT
o The Client will be responsible for the integrity of the Client’s
own media, including without limitation the Client’s Own Part
Recorded Media, and the Company shall not be liable or
responsible for any deficiency in or caused by such media.
o The Client shall procure that each of the Client’s Personnel
shall abide by the Company’s and the Studio’s rules,
regulations and health and safety and other policies and the
Client shall be responsible for:
the actions of the Client’s Personnel on the Premises;
any and all injury, loss or damage to any person’s
equipment or premises caused by any act or omission of
the Client’s Personnel, or as a result of any defect in or
inappropriate specification of the Client’s Equipment or
the Client’s own media;
the cost of the hire of any Client’s Equipment;
any costs and expenses incurred by the Company on
behalf of the Client at the Client’s request; and
any and all loss or damage to the Client’s Equipment
(which shall be at the sole risk of the Client).
o The Company reserves the right to refuse installation of the
Clients plug-in software to any of the Company’s computer
o The Client shall vacate the Studio and the Premises and
remove all Client’s Equipment forthwith at the end of the Period
of Booking or, if the Company so elects in writing, on the
Company’s termination of the Booking or some or all of its
obligations under the Agreement pursuant to paragraph 8.3
below. The Company shall be entitled by two weeks’ notice to
the Client to require the Client to collect the Client’s Equipment
and in default of collection on or before the expiration of such
period of notice, the Company shall be entitled to destroy or
otherwise dispose of the Client’s Equipment without further
notice or warning.
6. SOUND LEVELS
The Client acknowledges that The Control of Noise at Work Regulations
2005 have established that prolonged exposure to high noise levels above
85 dB(A) may cause damage to hearing and that both studios and studio
users are required by law to keep exposures as low as reasonably
practicable and that accordingly:
high noise levels shall not be sustained for long periods; and
the Company reserves the right to take such action as it may deem
appropriate to maintain tolerable noise levels and that no claim shall
lie against the Company in respect of inconvenience or time lost in
the event of such
7. RECORDINGS AND MATERIALS
o The Client shall procure the collection of the Recordings and all
ancillary materials (if any) (“the Materials“) immediately upon
payment in full of the Company’s fe (s) applicable thereto (“the
o After the Collection Date:
notwithstanding any other provision of the Agreement,
the Materials shall be held by the Company solely at the
risk of the Client;
the Company shall be entitled to serve notice on the
Client requiring the Client to collect the Materials within
two weeks of the date of such notice failing which the
Company shall be entitled to destroy or otherwise
dispose of the Materials without further notice of warning.
o Notwithstanding any other provision of the Agreement the
Client acknowledges and agrees that all risk in the Materials
when in transit or otherwise off the Premises shall vest in the
o The Company retains a general lien on any property of the
Master Recordings and/or Materials in its possession for any
unpaid sums the Client may owe to the Company.
8. COMPLIANCE WITH LAWS and client’s obligations
In performing its obligations under the Agreement, the Client shall
and shall procure that the Client’s Personnel (a) comply with all
applicable laws, statutes and regulations from time to time in force
and (b) obtain and maintain all necessary licences and consents to
enable the Company to provide its services under the Agreement.
The Client shall:
o co-operate with the Company in all matters relating to the
services to be provided by the Company under the Agreement;
o provide to the Company in a timely manner all documents,
information, items and materials in any form (whether owned
by the Client or third party) reasonably required by the
Company in connection with the services to be provided by the
Company under the Agreement.
The Client’s access to the Studio shall be limited to such areas of the
Premises that are necessary for the Booking or as directed or
permitted by the Company.
The Company, in its sole discretion, reserves the right to refuse entry
by the Client or any Client Personnel to any area of its Premises at
o The Client shall indemnify the Company and keep the
Company indemnified in full against any injury, loss, damage,
costs and/or expenses suffered by the Company arising from
or attributable to:
the Client’s cancellation of the Booking including without
limitation any costs or expenses incurred by the
Company in connection with the Booking;
the Client’s making, use or exploitation of the
the Client’s breach of the Agreement;
the Client’s media including without limitation the Clients
Own Part Recorded Material; or
the Client’s own plug-in software.
10. CONTENT OF RECORDING AND RESTRICTIONS
o The Client undertakes that nothing whatsoever shall be
included in the Recording (or any software introduced by the
Client) which constitutes a breach or infringement of any
intellectual property rights or which shall be in any way illegal,
scandalous, obscene or libelous and the Client will indemnify
the Company and keep the Company indemnified in full against
any injury, loss, damage, costs and/or expenses in respect
thereof and shall pay all costs, fees and expenses which may
be incurred by the Company in reference to any such claim.
o The Client may acknowledge that the Recording, Mastering or
Post-Production Work took place at APS Studio.
Notwithstanding the foregoing, the fact that the Recording is
recorded, produced or mastered at APS Studio does not imply
an “endorsement” as between the Company and the Recording
or the Client. If the Company becomes aware that the Client is
implying such an endorsement the Company shall notify the
Client and the Client shall immediately cease the relevant
o The Client undertakes to the Company that in all Materials
recorded, produced or mastered at the Premises:
it shall credit APS Studio as the location of such work;
if the Client credits any of its employees, agents or
contractors, it shall also credit the Engineers.
11. STUDIO BREAKDOWN WARRANTY
In the event of Studio Breakdown the Company shall at its option either
replace (as soon as can reasonably be arranged) the Studio facilities to
which the Client was entitled by the terms hereof and which have been lost
as a result of such Studio Breakdown or credit or refund to the Client the
Booking Fee in respect of the Booking and shall have no liability or
obligation to the Client beyond these remedies.
12. CLIENT’S RECORDINGS
It is a condition of the Agreement that all Client’s Recordings shall have
been copied by the Client before delivery to the Company, and that the
Company’s liability for loss of or damage to a Client’s Recording shall be
limited to the lower of the value of the media on which it is recorded and the
13. INTELLECTUAL PROPERTY and non-solicitation
o The Trade Marks are the property of the Company and the
Client shall not use the Trade Marks unless expressly
authorized in writing by the Company to do so.
o The Client:
warrants that the receipt and use of the Client’s
Recording and the Client’s own media (including without
limitation the Client’s Own Part Recorded Media), in the
performance of the Agreement by the Company, its
agents, subcontractors or consultants shall not infringe
the rights, including without limitation any intellectual
property rights, of any third party; and
shall indemnify the Company and keep the Company
indemnified in full against any injury, loss, damage, costs
and/or expenses awarded against or incurred or paid by
the Company as a result of or in connection with any
claim brought against the Company, its agents,
subcontractors or consultants for actual or alleged
infringement of a third party’s rights, including without
limitation intellectual property rights arising out of, or in
connection with, the receipt or use in the performance of
the Agreement of the Client’s Recording and the Client’s
own media (including without limitation the Client’s Own
Part Recorded Media).
o The Client shall not, at any time during the Period of Booking
and for 6 months after the Period of Booking, solicit or entice
away from the Company or employ or attempt to employ any
person who is, or has been, engaged as an employee,
consultant or subcontractor of the Company in the provision of
any services contemplated by the Agreement (including without
limitation the Operators).
14. FORCE MAJEURE
o Notwithstanding any other term of the Agreement the Company
shall not be under any liability for any failure to perform any of
its obligations under the Agreement due to “Force Majeure”.
Following notification by the Company to the Client of such
cause, the Company shall be allowed a reasonable extension
of time for the performance of its obligations. For the purpose
of the Agreement, ‘Force Majeure’ means any matters beyond
the reasonable control of the Company, including without
Act of God, explosion, flood, tempest, fire or accident;
war or threat of war, sabotage, insurrection, civil
disturbance or requisition;
acts, restrictions, regulations, bye-laws, prohibitions or
measures of any kind on the part of any governmental,
parliamentary or local authority;
import or export regulations or embargoes;
strikes, lock-outs or other industrial actions or trade
disputes (whether involving employees of the Company
or of a third party);
difficulties in obtaining raw materials, labour, fuel, parts
or machinery; and
power failure or breakdown in machinery.
o The Client shall procure that neither the Client nor any of the
Client’s Personnel shall be held out as an agent of or pledge
the credit of the Company.
o The Agreement constitutes the entire agreement between the
Company and the Client and neither party shall be bound by
any other statement or representation made to the other.
o No variation or amendment to the Agreement shall be effective
unless made in writing and signed by the Company and the
o If any part of the Agreement shall be held to be void, voidable
or otherwise unenforceable by a court of competent jurisdiction
then the balance thereof shall remain in full force and effect.
o For the purpose of the Contracts (Rights of Third Parties) Act
1999, the Agreement does not and is not intended to give any
rights, or any right to enforce any of its provisions, to any
person who is not a party to it.
o The Agreement shall be construed in accordance with the laws
of England and Wales and is subject to the exclusive
jurisdiction of the English
o The Client shall be deemed to accept the provisions of this
Agreement (and any email from the Company relating to this
Agreement) upon the commencement of the Booking,
notwithstanding the absence of written confirmation of
acceptance by the Client of this Agreement and any terms
contained in any relevant email from the Company.