Effective Date: September 1, 2024
1. Agreement
These Terms and Conditions will apply exclusively to all facilities rented and work performed by Hueco Studio (hereinafter, “the Studio”) for the Client and will prevail over any terms and conditions proposed by the Client.
2. Studio facilities
2.1: The Studio will provide the Client with access to the Studio and Operators during the Reservation Period and will produce the Master Recording under the direction and subject to the supervision and approval of the Client or their Representatives. The Client will only allow entry to the Studio Building by persons directly involved in the recordings and only during the Reservation Period. The Studio reserves the right to require any person not involved in the recording process to leave the Studio Building.
2.2: The Client acknowledges that they will be responsible for: (a) Ensuring that the Studio is suitable for the Client’s purpose. (b) Ensuring that the Client’s Equipment is compatible with the Studio. (c) The technical quality of any recording made using the Client’s Media. (d) Any problems or damage caused by the use of the Client’s Media (including damage caused by viruses), and as a result, the Studio makes no warranty in this regard.
3. Reservation fee
3.1: The Client must pay 50% of the total fee at the time of making the reservation. The remaining balance, along with any additional costs incurred during the stay (including, but not limited to, extra hours, additional materials, and any other extras contracted), must be paid at the end of the stay.
3.2: The Studio may apply additional charges for specific items (including, but not limited to, extra hours, additional materials, or any other type of contracted extras), which will be payable in full by the Client upon receipt of the corresponding invoice.
3.3: All payments must be made by bank transfer or in cash. Credit or debit card payments are not accepted.
4. Client’s equipment, staff, and media
4.1: The Client will be responsible for the integrity and operation of any Client’s equipment or materials used in the Studio (including, but not limited to, recording equipment, computers, and other devices). Hueco Studio will not be responsible for any damage or defect in such equipment.
4.2: The Client will be responsible for: (a) The integrity and operation of any Client’s equipment or materials used in the Studio (including, but not limited to, recording equipment, computers, and other devices). Hueco Studio will not be responsible for any damage or defect in such equipment. (b) The technical quality of any recording made using the Client’s Media. Hueco Studio does not offer any warranty regarding results obtained with the Client’s Media. (c) Any damage or loss to Studio equipment or facilities caused by the use of the Client’s equipment or materials. The Client is responsible for all costs of repair or replacement of any Studio equipment and instruments damaged during the stay. This includes, but is not limited to, any damage to recording equipment, musical instruments, or any other equipment provided by the Studio. (d) Costs associated with the rental and use of any Client’s equipment in the Studio. Hueco Studio will not be responsible for these costs. (e) Any additional costs incurred by Hueco Studio on behalf of the Client, at the Client’s request, including additional materials or services required during the Reservation Period. (f) Loss or damage to Client’s equipment while it is in the Studio’s premises. The risk of loss or damage is the Client’s sole responsibility.
4.3: The Client must maintain adequate insurance coverage with reputable insurers during the Reservation Period in relation to their obligations under section 4.2 of these Terms and Conditions.
4.4: The Client must vacate the Studio and remove all Client’s equipment immediately upon the end of the Reservation Period. The Studio reserves the right to require the Client to collect their equipment immediately. If the Client does not remove their equipment within one week of notification, the Studio may destroy or dispose of the Client’s equipment.
5. Noise levels
5.1: The Client will be responsible for noise levels within the Studio.
5.2: High noise levels must not be maintained for prolonged periods.
5.3: Hueco Studio reserves the right to take measures it deems appropriate to maintain tolerable noise levels, and the Client will not be able to make any claims against Hueco Studio for inconveniences or time lost as a result of such actions.
6. Recordings and materials
6.1: The Client must collect the Recordings and ancillary materials (if any) immediately after full payment of the Studio’s invoice (the “Collection Date”).
6.2: After the Collection Date: (a) The Materials will be kept by the Studio solely at the Client’s risk. (b) The Client will be responsible for reasonable charges that the Studio may impose for the continued storage of the Materials. (c) The Studio may notify the Client to collect the Materials within the week following the date of such notification, and if not done, the Studio may destroy or dispose of the Materials.
6.3: Until the Studio receives full payment of all Fees, the Studio will retain legal ownership of the Materials, which will remain the property of the Studio, and the Studio may retain possession of all Materials.
6.4: The risk of the Materials when transported or located outside the Studio’s premises will be borne by the Client.
6.5: The Studio retains a general lien over any property of the Client, Master Recordings, or Materials in its possession in relation to any unpaid balance that the Client may owe to the Studio.
7. Indemnity
The Client agrees to indemnify the Studio against any injury, loss, damage, costs, and/or expenses suffered by the Studio arising from:
7.1: The cancellation of the Reservation by the Client, including any reasonable costs or expenses incurred by the Studio in relation to the Reservation.
7.2: The use or exploitation of the Recordings by the Client.
7.3: The Client’s breach of any of the warranties, commitments, or agreements set forth in these Terms.
7.4: Any loss or damage caused to the Studio by the Client’s Media.
8. Recording content
8.1: The Client guarantees that no content that constitutes copyright infringement or that is illegal, scandalous, obscene, or defamatory will be included in the Recording. The Client will indemnify the Studio against any liability in this regard and will cover all costs and expenses the Studio may incur in connection with any such claim.
8.2: The Studio will not be obligated to reproduce any content that, in its opinion, is illegal, scandalous, obscene, or defamatory.
9. Studio recording guarantee
9.1: In the event of a Studio failure, the Studio, at its option, will either replace the Studio facilities that the Client was entitled to use and that were lost due to the Studio’s failure, or credit or refund the Client the Reservation Fee. The Studio will have no other obligation or liability to the Client beyond these remedies.
9.2: In the event of a minor Studio failure (i.e., a failure lasting no more than 2 hours), the Studio may, at its option and without obligation, extend the affected day by a corresponding time at no additional cost to the Client.
10. Master recording guarantee
10.1: The Client must notify the Studio in writing of any defects, loss, or damage to the Master Recording as soon as they discover it.
10.2: The Studio will make reasonable efforts to correct any defect and replace lost or damaged materials attributable to defective materials, labor, or negligence of the Studio.
10.3: In the event that the Studio cannot reasonably make such correction or replacement, its liability concerning the Master Recording will be limited to the Maximum Liability.
11. Client recordings
It is a condition of this Agreement that all Client Recordings have been copied by the Client before being delivered to the Studio, and the Studio’s responsibility for the loss or damage of a Client Recording will be limited to the value of the medium on which it is recorded.
12. Trademarks
Registered Trademarks, including “Hueco Studio,” are the property of the Studio. The Client will not use such Trademarks without the express written authorization of the Studio.
13. Photography and recording restrictions
13.1: The Client may not photograph or film any part of the Building where the Studio is located without the express written authorization of the Studio.
13.2: Any photography or recording must be exclusively for the Client’s personal use and must not be published or distributed without the Studio’s authorization.
14. Amendments and termination
14.1: Any modification to these Terms must be made in writing and signed by both parties.
14.2: The Studio reserves the right to terminate this Agreement at any time and for any reason, providing written notice to the Client. In the event of termination, the Studio will refund any excess fees paid by the Client, less any charges for services already rendered.
15. Applicable law and jurisdiction
15.1: These Terms will be governed by and interpreted in accordance with the laws of Spain.
15.2: Any dispute arising in connection with these Terms will be resolved before the courts of Madrid, Spain.