Please note: These terms and conditions are your contract with My Friend's Basement Studio. If you accept the terms and conditions you are indicating you have read them and agree to all terms.
Introduction
My Friend’s Basement LLC (also known as “My Friend’s Basement” and/or “studio”) will provide client (the person(s) who identified themselves when filling out the booking information & checked the box that they agree to these terms and conditions) with studio space and related marketing services as to the specifications detailed in the Terms and Conditions below.
This contract begins on the date the client accepts the terms and conditions, supersedes all previously agreed to terms and conditions between the parties, and shall be the sole enforceable contract governing the relationship between them in addition to any contract addendums signed in the future. Any prior terms and conditions agreed to are hereby rendered null and void and shall no longer have any legal force or effect.
Terms & Conditions
The following rates and terms apply:
Rates
All rates for services will be set by My Friend's Basement and agreed upon by both My Friend's Basement and client before services are rendered. My Friend's Basement reserves the right to modify its standard rates for future bookings at any time. Rate changes will not affect existing confirmed bookings but will apply to all new bookings made after the change.
Add-on Services
Client may include add-ons for their studio session at the time of booking and must pay for these add-ons at booking. Any add-ons requested after booking must be paid for before the session begins. The cost of add-on services are set by the studio and listed on the studio's website.
Payment
One-hundred percent (100%) of the agreed upon fee for utilizing My Friend’s Basement’s physical studio space are due at the time of booking.For work requested outside of booking the physical studio space, payment is due in full before beginning work on requested services.Payment is accepted in the form of online payment via Square (or other point-of-sale services used by the studio), cash, Venmo, PayPal, or another form of payment agreed upon by both client and studio. A receipt for any transaction will be provided to the client upon request.
Refunds
My Friend’s Basement will not provide refunds for services already performed unless work is deemed by the client and confirmed by the studio to not be up to standard. Refunds must be requested within 60 days of client receiving any work. If no refund request is made within these 30 days, client waves the right for a refund.
Studio Time & Excess Recording Time Fees
Studio recording services are based upon an agreed studio time between both the studio and client. Studio time is defined as the time a client has agreed to be occupying the physical studio space at the time of booking (eg: booking from 2pm-3pm or 5pm-7pm). Studio time includes, but is not limited to: client modifying and arranging the set for recording, waiting for guests, recording, asking for the recording to be paused, and breaking down any set decorations.
Studio time excludes any time required for My Friend’s Basement to set up the base level of equipment required for a recording based upon the details provided by the client at the time of booking. This includes: arranging the mics, arranging the camera(s), arranging the set, and starting recording software or hardware. If details aren’t provided for set or equipment set up prior to the studio time, My Friend’s Basement will default to a two-person set-up and any adjustments to that set up will count towards studio time.
Should client’s recording go over their booked studio time, client will be charged an additional fee as follows:
For all recording sessions, every 15 minutes of excess recording time is 30% of the hourly recording fee rate for that session.
These rates are not prorated for time under 15 minutes (eg. 4 extra minutes of excess audio recording time is still 30% of the hourly recording fee rate for that session, 20 minutes of excess audio recording time is 60% of the hourly recording fee rate for that session).
Allowing Automatic Payments on Credit Cards
Client gives studio permission to automatically charge any card on file if an excess recording time fee or any other fee is required. Studio will notify client of this charge and the amount as the charge is happening.
Booking, Rescheduling, and Cancellation Policy
For standard bookings and bookings under the Friends membership level, studio requires 48 or more hours notice in advance for booking a session. If client requests to book a session with less than 48 hours' notice, studio will charge an extra 25% on top of the booking fee.
Under the standard bookings and Friends membership level, Studio requires 48 for the cancellation of a recording. If Client provides more than 48 hours notice to cancel a recording, studio will refund client the full amount of the cancelled recording.
For bookings under the Friends + membership level, studio requires 4 or more hours notice in advance for booking a session. If client requests to book a session with less than 48 hours' notice, studio will charge an extra 25% on top of the booking fee.
If Client provides less notice than what is outlined above for their booking type, studio will not provide a refund for the recording unless studio makes an exception to the policy. For clarity, notice is defined as canceling through the provided booking link or an electronic message to the relevant parties timestamped 48 or more hours prior to recording time.
My Friend’s Basement retains the right to cancel a booking at any time for any reason. If My Friend’s Basement has to cancel or reschedule a recording, the studio will provide a full refund to the client within one day (24 hours) and make best efforts to reschedule Client’s recording that works with Client's schedule.
Delivering Content, Rush Fees, and Revisions
Recordings booked via My Friend's Basements standard booking page and recorded at My Friend’s Basement’s studio will be sent to client within two (2) business day from the end of the recording unless otherwise notified.
Recordings booked via My Friend's Basement Friend's booking page (also indicated by the reduced Friend's booking rate) will be sent to client within three (3) business days from the end of the recording unless otherwise notified.
For other services requested outside of recording at the studio (such as clips, captions, and other non-recording content), Client will provide My Friend’s Basement notice of at least four (4) business days before they want content delivered and studio has four (4) business days to turn around the content once studio has accepted the project.
If client does not provide four (4) weekdays notice to deliver other services outside of a recording, or needs a recording delivered in less time than indicated above, Studio will charge a rush fee at the price indicated in the add-on section when booking.
For deliverables, not including studio recordings, Client can request one revision. If Client requests additional work after the first revision, studio will charge Client $50 per hour of work.
Excess Fees
If for any reason client has any extra fees that have not been paid automatically under the "Allowing Automatic Payments on Credit Cards" section of this contract, studio will provide client an invoice for the excess charges and client has five (5) business days to repay them. If these extra charges accumulate to more than $75, then studio will not send any deliverables or conduct recordings until all fees are are paid in full. As long as these fees aren't paid, the studio is not required to refund any services that have not yet been delivered to clients.
File Storage Policies
My Friend’s Basement will store client’s content for 60 days from the time of delivering a recording or service. After 60 days, all files may be deleted at the studio’s discretion.
If Studio has deleted Client's files from a shared, online cloud folder after the 60-day storage period but still retains the files in its offline storage, the Studio may re-upload the content at the Client's request and for a fee of $15 per deliverable requested. However, there is no guarantee that Studio will retain the files in its offline storage after the 60-day storage period.
Client Ownership
Clients retain full ownership of content they create while utilizing the recording studio provided by My Friend’s Basement.
Rights For Promotion
All content created at any point in time in full or in part by My Friend’s Basement for Client can be used for promotional purposes by My Friend’s Basement and contracted workers associated with the studio, indefinitely, on any platform and in any medium.
Studio Damages
Client is responsible for any damage to studio equipment, furniture, or facilities caused by client or their guests.
Client agrees to pay the full cost of repair or replacement of damaged items within ten (10) business days of receiving written notice and documentation of damages. If equipment damage prevents the studio from operating, client will also be liable for documented lost revenue from canceled bookings and reasonably anticipated bookings that cannot be fulfilled during the repair period. If payment is not made within the 10 business day period, studio will pursue legal remedies for unpaid damages, and client will be responsible for reasonable collection costs where permitted by law.
Legal
My Friend’s Basement has the right to revise the terms and conditions in this contract at any point. Studio will provide notices of these revisions to clients through electronic communication.
Signing this document does not establish an exclusive relationship between My Friend’s Basement and client. Both client and My Friend’s Basement retain the right to work with other parties at their discretion.
My Friend’s Basement cannot guarantee that the studio’s work, or the work of external contractors hired by the studio, will be completely error-free and so the studio cannot be liable to client or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if client advised the studio of them.
The Client acknowledges and agrees that My Friends Basement shall not be held liable for any statements, content, or materials distributed or made by the Client in association with the services rendered by the studio at any time. The Client assumes full responsibility for any consequences, legal or otherwise, arising from their own statements or distributed materials.
Any legal disputes arising from this contract will be resolved exclusively in the courts of New York County, New York. This contract shall be governed by and construed in accordance with the laws of the State of New York.
If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Liabilities
By signing this contract, client agrees that My Friend’s Basement cannot be held liable for:
- Any injuries within the physical studio area or surrounding building to client or clients guests
- Any errors to uploaded content (including, but not exclusively to, audio, video, social media, or written content). This extends to any failure of any online resource not controlled by My Friend’s Basement (including, but not exclusively to, RSS Feeds, podcast distributors, and YouTube)
- Loss of content due to unexpected failure of file storage devices
- Loss of content due to deletion per the File Storage Policy noted in the contract
- Performing extra tasks not outlined in this document or agreed upon by My Friend’s Basement
- For statements made by client or clients guest during the recording.
Termination of Contract
Client can terminate this contract at any point with written notice and once all payments agreed to have been paid in full and all services for said payments have been rendered.
My Friend’s Basement retains the right to terminate a contract at any time for any reason. If My Friend's Basement does terminate the contract, My Friend’s Basement will provide a full refund of any services not yet completed at the time of contract termination.