too much neon llc - Studio Policies, Terms & Conditions
too much neon llc is a professional audio recording facility. Customer service and satisfaction are our top priority. The following policies ensure that all sessions are conducted in a professional manner for providing you—our Client—a creative and comfortable environment.
Depending on the package you select, we may provide you with creative and technical services (our “Services”) as well as artwork, descriptions, audio clips, licensed music, editing notes, etc. (our “Work Product”).
- Fees. Payments are due at time of booking through www.toomuchneon.com or any other agreed upon arrangement.
- Overage Fees. We allow five minutes of overtime for all recording sessions. After that we charge an overage fee as listed on our fee schedule.
- Nonpayment. In the event that you fail to pay the required fees or overage fees, you will also be responsible for all legal and collection fees, if required, to secure payment. If an account is not paid in full, immediate collection and legal action will be taken. Clients will also accrue a 1.5% interest charge per month until any outstanding fees are paid in full. In addition, we will retain ownership of any Work
- Product until payment is made in full.
- Studio Scheduling.
- Appointments. Appointments for studio time will be made after we receive payment for the selected services. There is a one hour minimum for studio time. Sessions that run longer than the originally scheduled time will be booked at the overage rate, assuming the studio is available.
- Cancellation Fee. If you cancel an appointment without giving us 24 hour notice, you will forfeit the studio session and your fee. You will not receive a refund of your payment to book the appointment.
- Session Timing. The session begins at the scheduled time that both parties agree upon. If you arrive early and the studio can accommodate an early start, then the session will begin at that time. If you are late for any reason, you will be charged from the scheduled session start time, with no exceptions. Please call if you are going to be late!
- Studio Downtime. Unforeseen problems may occur. If studio downtime occurs due to our equipment, that time will not count towards your scheduled session.
- Studio Rules. You agree to follow the following rules regarding your session and use of the studio:
- no smoking;
- no food in the studio;
- no drinks in the studio, unless the drink has a secured lid and is kept off the recording table;
- only individuals essential to recording may be present in the studio during a studio session; and
- no speech or behavior that may be perceived as racist, sexist, or homophobic.
We do not condone or support any podcast audio production work involving discriminatory or offensive language, content, or conduct. We reserve the right to immediately cease production and void any contractually unfilled services for any reason, including if a client is found to violate this policy or these studio rules.
- Studio Gear. In the event a piece of studio gear that we own or any part of the studio is damaged by you, or anyone in your party, due to negligence, accident, or willful act, you agree to provide monetary compensation in the amount of full replacement value of the damaged item.
- Your Gear. We are not responsible for lost, damaged, or stolen items, or any items left behind. Any property left in the studio and unclaimed for 30 days will become our property unless other arrangements have been made.
- Our Responsibilities.
- Our Services. All Services and Work Product will be performed or delivered in a good workmanlike manner. In the event that you are not satisfied, you must notify us and we will use reasonable commercial efforts to correct any technical errors or defects.
- Our Work Product. Upon completion of our services, if applicable, we will deliver to you the Work Product (in .mp3 or other agreed upon format) by a downloadable link within five business days (i.e., 5 calendar days excluding holidays and weekends). We will not maintain backup copies of the Work Product unless other arrangements have been made in writing. We recommend that you make a backup copy of any Work Product that you received.
- Your Responsibilities.
- Binding Agreement and Indemnification. The person signing below is responsible for all payments and the actions of any guests you bring to any session. You agree to indemnify us and our employees for any and all claims, costs, losses, detriments, and expenses of any kind or nature. Including, without limitation, attorney’s fees and costs incurred by us by reason of any breach or alleged breach of any representation, warranty, or agreement made herein.
- Changes to Work Product. It is your responsibility to inform us if you want additional edits to the Work Product. All requests for edits must be within 5 business days of your receipt of the Work Product. You must provide detailed edit notes, and the editing is not to exceed 25% of the original edit session. If additional recording is needed, we will permit a 5 minute redo, otherwise, you must re-record in your next session. We reserve the right to charge you for edits exceeding the amounts within this section.
- Intellectual Property
- Your Intellectual Property. We hereby convey, transfer, and assign to you all of our right, title, and interest in any intellectual property created during the Services or delivered to you in the Work Product. If needed, we will take any requested steps and actions to perfect this assignment of intellectual property.
- Non-Infringement. During the course of the Services, you may provide us with materials for inclusion into the Work Product. By giving us these materials, you represent that you own or have secured licenses to the materials for the use in the Work Product. You warrant that the materials do not infringe, misappropriate, or otherwise violate the intellectual property of any person.
- Permission to Perform Services and Provide Work Product. We need your permission to do things like mix audio, edit, record, and provide voice overs. These and other services may require us to access, store, and scan your intellectual property. You grant us a license to do those things, and this license extends to trusted third parties we work with. You agree that this permission is royalty free, irrevocable, and worldwide for so long as the delivery of your Work Product.
- Limitation of Claims and Damages.
- Limitation of Claims. WE WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES (EVEN IF THIS AGREEMENT IS TERMINATED) FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR BUSINESS ADVANTAGE), WHETHER BASED UPON A CLAIM OR ACTION OF TORT CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Limitation of Damages. OUR TOTAL LIABILITY RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OR FORM OF ACTION, AND WHETHER BEFORE OR AFTER ITS TERMINATION, SHALL NOT EXCEED THE TOTAL OF ALL AMOUNTS PAID TO US BY YOU.
- Indemnification by Client. You will indemnify and hold us harmless from and against all losses, costs, and expenses, including reasonable attorneys’ fee, from third party claims arising from your use of the Work Product.
- Amendments; Waivers. No amendment, modification, or waiver of any provision of this Agreement shall be binding unless in writing. No delay in the exercise of any right is a waiver thereof, nor shall the waiver of a right or remedy in a particular instance constitute a waiver of such right or remedy generally.
- Force Majeure. Neither party shall be entitled to recover damages or terminate this Agreement by virtue of any delay or default in performance by the other party (other than a delay or default in the payment of money) if such delay or default is caused by Acts of God or any other cause beyond the reasonable control of the party whose performance is affected. The party experiencing the difficulty must give the other prompt written notice following the occurrence of the cause relied upon, explaining the cause and its effect in reasonable detail. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
- Entire Agreement. This Agreement constitutes the entire agreement between us and supersedes all prior agreements and understandings.
I have fully read and agree to all of the above terms.