AGREEMENT

 

Artist, as defined above in (CLIENT DETAILS), hereby hires Abbate Entertainment Group, LLC (Studio) to provide professional recording studio services for the scheduled date, time and location defined and confirmed above in (BASIC INFORMATION). 

 

Studio will provide the services set out on Exhibit A (attached hereto and made a part hereof), such services hereinafter referred to as the “Services”), including but not limited to engineering, tracking, mixing, mastering, editing, composing, arranging, performing, CD/tape reproduction and forensic audio.

 

Artist 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. Artist understands that the rate quoted for the Services includes the services of one of Studio’s designated engineers. 

 

Artist agrees to pay for the Services at the applicable rates set out on Exhibit B (attached hereto and made a part hereof). Once Artist has approved a track, mix or master, there will be an additional charge for any change to that track, mix or master. Artist will pay Studio a deposit of 20% of the estimated total charges at the time of booking, and the balance upon completion of the 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.Invoices 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. Studio retains ownership of the master and will not release it to Artist until all amounts owing under this Agreement are paid in full.

 

Studio agrees that it will:

1. provide in-studio equipment in good working order;

2. maintain safe, clean and comfortable facilities and

3. ensure Artist’s privacy during sessions

 

Studio shall not be liable for any failure to perform its obligations if such failure is due to circumstances beyond its reasonable control. Any liability of Studio shall be limited to the total of all amounts paid by Artist for Services under this Agreement.

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Artist agrees that it will:

1. make all payments when due;

2. appropriately credit the studio and all studio employees involved in but not limited to engineering, tracking, mixing, mastering, editing, composing, arranging, and/or performing when distributing the final content.

   1. Also, where applicable, the artist agrees to pay or cause to be paid any and all royalties associated with the above listed process. 

3. pay all contract musicians directly;

4. 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;

5. not eat, drink, or smoke in the control room and not place any food, drinks or smoking material on any equipment; and

6. not bring into or be under the influence of any illegal controlled substance or alcoholic beverage;

7. respect the neighbors and neighborhood surrounding the facility.

 

In the event of cancellation of a recording session or other scheduled service by Artist, Artist shall be responsible for 20% of the cost of such recording session, if cancellation occurs within 72 hours of the scheduled recording session.

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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.

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Loss or Damage:

Studio shall use reasonable efforts to secure all recording media (all digital master files and final mixes) 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. In 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 value of the studio time to date devoted to said recording media. Artist 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. Artist 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 in Exhibit C (attached hereto and made a part hereof).

 

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 Studio from any and all liability and claims regarding such Services.

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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.

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Governing Law:

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

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Exhibit A

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Use of the studio facility, including live room, control room, lobby area, parking lot, artist restroom and use of the following equipment:

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1. Digital Recording - Various computers and computer interfaces, Various analog and digital mixers. Various Mic preamps

2. Signal Processing Software - All plug-ins installed at the time of recording.

3. Microphones - All mics available at the time of recording.

4. Keyboards / Drum Machines - Various midi controllers, gear, and plug-ins installed at the time or recording

5. Miscellaneous - All other recording gear installed at the time of recording.:

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Set-up time and breaks will be billed at the agreed hourly rate. Set-up times may vary, 

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The engineer will take a break for 15 minutes every 2 hours to stretch and alleviate ear fatigue, and a one 1 hour meal break every 4 hours.  Break times are not counted in the hourly rate.

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Exhibit B

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

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Studio Rates as of January 1, 2022 are set at One Hundred Dollars ($100.00) per one (1) Hour.

 

Additional Charges:

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Mixing Services provided by Studio Mix Engineer - $250.00 Flat Fee per song or composition. 

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1. The Artist agrees to appropriately credit the studio and mix engineer when distributing the final content. Also, where applicable, the artist agrees to pay or cause to be paid any and all royalties associated with the mixing process. 

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Mastering Services provided by Studio Mastering Engineer - $200.00 Flat Fee per song or composition. 

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1. The Artist agrees to appropriately credit the studio and mastering engineer when distributing the final content. Also, where applicable, the artist agrees to pay or cause to be paid any and all royalties associated with the mastering process. 

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Backups and Storage:

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

2. Backing up to the artist’s storage media will be billed at the hourly studio rate.

3. 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 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.

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Hospitality Services:

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

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Exhibit C
 

Terms and Conditions of Use of Studio:

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1. 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.

2. 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.

3. 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.

4. Smoking is STRICTLY PROHIBITED anywhere on the property.

5. Place trash in the receptacles provided, whether on the grounds and inside the building. 

6. 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.

7. No beverages of any kind – including water – are to be consumed in the control room or near any equipment.

8. 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.

9. The artist is allowed to have up to two (2) 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, s/he will be asked to leave.

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