Introduction
By completing the membership signup process, Client electronically signs and agrees to be legally bound by these Terms and Conditions ("Agreement"). Client indicates they have read, understood, and agreed to all terms herein.
My Friend's Basement LLC (referred to herein as the "Studio") will provide Client with studio space and related services as detailed in this Agreement. This Agreement begins upon acceptance and supersedes all prior agreements concerning membership between the parties. The Studio and Client retain the right to work with other parties at their discretion, as this document does not establish an exclusive relationship. The Studio retains the right to revise these terms at any point, providing notices of these revisions to clients through electronic communication.
Rates & Payment
Rates. Membership fees are listed on Studio's membership pricing webpage at
https://www.myfriendsbasement.studio/memberships/pricing. Studio may change membership fees with at least 30 days notice to active members.
Payment. Full payment (100%) of the subscription fee for the chosen membership level is due at the time of signup.
Recurring Payments. Client authorizes automatic recurring payments. Annual memberships renew on the annual anniversary of initial signup. Monthly memberships renew on the monthly anniversary of initial signup. Studio uses Stripe for membership payments.
Payment Method & Failure. Payment will be automatically withdrawn from Client's provided payment method. Client authorizes Studio to pre-authorize cards for payment. If payment fails after three automatic attempts, membership will be canceled and Client will lose access to all membership services.
Automatic Payment Authority
Automatic Payment Authority. Client authorizes the Studio to automatically charge credit card information stored on file for membership fees, minimum commitment fees (as detailed below), and any other agreed-upon fees in accordance with this Agreement.
Membership Policies
Minimum Length Requirements. Monthly memberships have a two (2) month minimum. If Client cancels before completing two months, Client agrees to pay the second month's fee, and the Studio is authorized under the Automatic Payment Authority section to charge Client's card on file for this fee at any time after cancellation. Annual memberships have no minimum length requirement.
Membership Transfer and Sharing. Memberships are non-transferable and for individual use only. Each membership is tied to the account holder who signed up and cannot be shared with or transferred to another person.
Sessions Booked During Active Membership. Sessions booked while membership is active will be honored at the member rate even if the membership expires, is canceled, or payment fails before the scheduled session date, provided the session was booked during the active membership period.
Pausing or Freezing Membership. Memberships cannot be paused or frozen. If Client wishes to temporarily stop their membership, Client must cancel the membership and sign up again when ready to resume. Upon resuming, current membership rates and terms will apply.
Refunds
Refund Policy. Membership fees are generally non-refundable. If the Client has not booked any sessions during the current subscription period, a cancellation request made within five (5) days of payment processing will be eligible for a full refund. Otherwise, all subscription fees are non-refundable upon payment.
Managing Your Membership
Upgrading Membership. Client may upgrade membership at any time through the subscription portal at
https://www.myfriendsbasement.studio/memberships/pricing. New benefits become effective immediately. If upgrading mid-payment period, the fee difference will be calculated on a prorated basis for the remaining period. Full upgraded membership rate applies to the next billing cycle. No refunds or credits will be provided for rate differences in the current period.
Downgrading Membership. Client may downgrade membership at any time through the subscription portal at
https://www.myfriendsbasement.studio/memberships/pricing. Downgrade becomes effective at the end of the current billing period. No immediate refunds will be provided. New payment rate applies at the next billing cycle. Client retains access to higher membership level until current period expires.
Canceling Membership. Client may cancel membership at any time through the membership portal. Agreement remains in effect until the end of the current billing period. No refunds will be issued for remaining days in that period. Membership benefits cease after expiration of current payment period.
Alignment with Standard Booking Terms
General Applicability. All details regarding studio bookings, including file delivery, file storage, cancellation policies, studio time, excess fees, intellectual property rights, and liabilities, are governed by the Standard Booking Terms and Conditions available at
https://www.myfriendsbasement.studio/terms-conditions/podcast-recordings, which are incorporated by reference into this Agreement.
Conflict. By accepting this Agreement, Client acknowledges and agrees to the Standard Booking Terms unless expressly modified by membership level provisions. In the event of conflict between Standard Booking Terms and membership provisions, membership terms shall govern only to the extent expressly provided. Amendments to Standard Booking Terms will be communicated via email and apply prospectively from their effective date.
Additional Services & Outsourcing. Client may request services beyond those provided in their membership package. Pricing for additional services must be mutually agreed upon before work begins, and payment in full is required before work commences. The Studio may outsource work required outside of recordings, including but not limited to video editing, clip editing, and thumbnail editing.
Liabilities
Studio Damages. Client is responsible for any damage to Studio equipment, furniture, or facilities caused by Client or Client's guests. Client agrees to pay the full cost of repair or replacement within ten (10) business days of receiving written notice and documentation of damages. Client is also liable for documented lost revenue from canceled bookings during the repair period if equipment damage prevents Studio operation. If payment is not made, Studio will pursue legal remedies, and Client will be responsible for reasonable collection costs.
Liabilities. By accepting this Agreement, Client agrees that Studio cannot be held liable for: any injuries within the physical studio area or surrounding building to Client or Client's guests; any errors to uploaded content or failure of any online resource not controlled by Studio; loss of content due to unexpected failure of file storage devices or deletion per the File Storage Policy; performing extra tasks not outlined in this document; statements made by Client or Client's guests during the recording; or any incidental, consequential, or special damages, including lost profits or lost savings, even if Client advised Studio of them. Client acknowledges and agrees that Studio shall not be held liable for any statements, content, or materials distributed or made by Client in association with the services rendered.
Limitation of Liability for Errors. Studio does not guarantee that its work, or the work of external contractors hired by Studio, will be completely error-free. In the event of errors or defects, Client's sole remedy is limited to the remedies outlined in the Standard Booking Terms Refunds section of this Agreement (re-recording or partial refund). Studio shall not be liable for any consequential, incidental, or special damages beyond the remedies specified in the Standard Booking Terms Refunds section.
Force Majeure. Studio shall not be held liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, severe weather conditions, power outages, equipment failure due to utility service interruption, fire, flood, earthquake, pandemic, epidemic, government orders or restrictions, civil unrest, or any other event that makes performance impossible or impracticable. In the event of a force majeure occurrence that prevents Studio from fulfilling a scheduled session, Studio will notify Client as soon as reasonably possible and will offer to reschedule the session at no additional cost. If rescheduling is not possible or acceptable to Client, Studio will provide a full refund of the session fee. Studio shall not be liable for any consequential damages, travel expenses, third-party costs, or other losses incurred by Client due to force majeure cancellations.
Termination
Termination of Contract. Client can terminate this Agreement at any point with written notice once all agreed-upon payments have been made and all services for said payments have been rendered. Studio retains the right to terminate the Agreement at any time for any reason and will provide a full refund of any services not yet completed at the time of contract termination.
Governing Law & Disputes
Dispute Resolution. In the event of any dispute, controversy, or claim arising out of or relating to this Agreement or the breach thereof, the parties agree to first attempt to resolve the matter through good faith negotiation. If the dispute cannot be resolved through direct negotiation within thirty (30) days, the parties agree to attempt mediation before a mutually agreed-upon mediator in New York County, New York, before pursuing litigation. If mediation is unsuccessful or either party declines to participate in mediation, any legal disputes arising from this Agreement will be resolved exclusively in the courts of New York County, New York. This Agreement shall be governed by and construed in accordance with the laws of the State of New York.
Attorney's Fees. In the event of any legal action or proceeding arising from this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs from the non-prevailing party, to the extent permitted by law.
Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
