Introduction
By completing the booking process and checking the acceptance box, 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 the Client with studio space and related services as detailed in this Agreement. This Agreement begins upon acceptance and supersedes all prior agreements concerning in-studio sessions 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. All rates for services are set by the Studio and agreed upon by both parties before services are rendered. The Studio reserves the right to modify standard rates for future bookings at any time, though rate changes will not affect existing confirmed bookings.
Payment. Full payment (100%) of the agreed-upon fees for utilizing the Studio's physical space and services is due at the time of booking. A receipt for any transaction will be provided to the Client upon request.
Add-on Services. Client must pay for any add-on services at the time of booking. Any add-ons requested after booking must be paid for before the work begins. The cost of add-on services is set by the Studio and listed on the Studio's website.
Cancellation & Reschedule
Cancellation Policy. Cancellation with 7 or more days’ notice results in a 100% refund of the total session fee. Cancellation with 48 or more hours' notice results in a 50% refund of the total session fee. No refund will be provided for cancellations with less than 48 hours' notice. Notice is defined as cancellation via the provided booking link or an electronic message timestamped 48 or more hours prior to the session time.
Reschedule Policy. Client may reschedule a booking up to 48 hours in advance for no fee, using the link provided by the Studio.
Studio Cancellation. The Studio retains the right to cancel a booking at any time for any reason. If the Studio must cancel or reschedule a recording, a full refund will be issued to Client within one day (24 hours), and the Studio will make best efforts to reschedule the recording that works with Client's schedule.
No-Show. If Client fails to arrive within fifteen (15) minutes of the scheduled session start time without prior communication to Studio, the booking will be considered a no-show. No-shows result in forfeiture of 100% of all payments made, with no refund issued. Studio reserves the right to release the time slot for other bookings.
Late Arrival. If Client arrives late to their scheduled session, the session will still end at the originally scheduled time. Late arrivals will not extend the session end time, and no refund will be provided for unused time due to late arrival. Studio time is calculated based on the booked time slot, not Client's actual arrival time. If extra time is needed, payment will be paid following the “Excess Recording Time Fees” section.
Studio Time & Excess Fees
Studio Time. Studio time is defined as the time Client has booked to occupy the physical studio space (e.g., 2pm-3pm or 5pm-7pm). This time includes all activities during this period, including but not limited to modifying and arranging the set, waiting for guests, recording, pausing recording, and breaking down set decorations. Studio time excludes standard equipment setup performed by the Studio prior to the session start, provided setup requirements were submitted at least 24 hours in advance. Any setup adjustments or non-standard requests made with less than 24 hours' notice will count toward studio time. The Studio defaults to a two-person in-studio setup.
Excess Recording Time Fees. If Client's session exceeds their booked studio time, the following fees apply: Every 15 minutes of excess time is charged at 30% of the hourly recording rate for that session. These rates are not prorated for time under 15 minutes (e.g., 4 extra minutes of excess time is still 30% of the hourly rate; 20 minutes of excess time is 60% of the hourly rate). The Studio will automatically charge the Client for excess recording time at the end of the session.
4K Video
4K Video Recording. Studio will record videos in 4K upon Client's request at no extra charge, provided Client brings adequate hard drives for the recording. If Client fails to notify Studio or does not bring adequate hard drives as outlined in this contract, Studio will default to high definition (1080p) video.
Studio requires USB-C solid state drives (SSDs) that can be formatted (all data wiped). Client must bring the following drives at the time of recording to receive 4K video:
- 3 hours less single-camera recording: One (1) 1TB SSD
- 3 hour or less multicamera recording: Four (4) 1TB SSDs
- 4 hour or more single-camera recording: One (1) 2TB SSD
- 4 hour or more multicamera recording: Four (4) 2TB SSDs
Studio recommends the
SanDisk Extreme SSD; however, comparable USB-C SSDs with the same storage capacity can be used with Studio's approval. Client retains ownership of any SSDs purchased.
Content Delivery
Delivering Content (File Delivery Times). Files from the session will be delivered from the end of the recording within the following timelines:
- Non-Members/Standard Sessions: two (2) business days
- Membership Level 1 (Friends Program): three (3) business days
- Membership Level 2 (Friends+ Program): one (1) business day
- Post-Production Add-on Services: three (3) business days
If Client requires files in less time, Studio will charge a rush fee at the price indicated in the add-on section when booking. If a rush fee is not listed in the add-on section, Client must contact Studio to see if a rush is available for the service.
All files will be delivered via Google Drive to an email address provided by Client. If Client needs files delivered in another method, Client must notify Studio and all parties must mutually agree upon the file delivery method. Any additional associated costs will be paid by Client.
File Storage
File Storage Policies (Non-4K Video). Studio will store Client raw audio, raw non-4K video, and all deliverable files on its own local hard drives for 30 days from the date of the recording. Studio will also store all delivered files on Google Drive for 30 days from the date of the recording. After 30 days, all files may be deleted at the Studio's discretion.
File Storage Policies (4K Video). Studio will store Client raw 4K files on its own local hard drives for 7 days from the date of the recording. Studio will also store all 4K delivered files on Google Drive for 7 days from the date of the recording. After 7 days, all files may be deleted at Studio’s discretion. The reason for this shorter file storage policy is due to the substantially larger size of 4K video files.
If Client needs 4K files to be stored longer, Studio defaults to using the SSDs client purchased for the recording. If files need to be delivered to Client via SSD, all associated costs will be paid by Client.
Reuploading Files. If the Studio retains local files after the 30-day storage period, content may be re-uploaded at the Client's request for a fee of $15 per deliverable requested, but retention of offline files is not guaranteed.
Automatic Payment Authority
Automatic Payment Authority. Client authorizes the Studio to automatically charge any card on file for Excess Recording Time Fees or any other agreed-upon fees, including but not limited to unpaid add-ons or damages. The Studio will notify the Client of the charge amount before it occurs.
Unpaid Fees
Unpaid Fees. If any fee, charge, or balance related to services or use of the Studio remains unpaid after the due date, the following policy applies. If automatic payment for any fee fails, the Studio will provide the Client an invoice, and the Client must pay within five (5) business days. If unpaid fees accumulate to more than $75, the Studio reserves the right to withhold all deliverables, decline future recordings, and withhold any refunds for undelivered services until all fees are settled.
Refunds
Refunds for Defective Work. The Studio will not provide refunds for services already performed unless work is deemed by Client and confirmed by Studio to not be up to standard. Refunds must be requested within 14 days of the Client receiving any work. If no refund request is made within these 14 days, Client waives the right for a refund.
In cases where recorded content is deemed by Client and confirmed by Studio to not be up to standard due to technical defects or Studio error, Studio's primary remedy will be to reschedule or re-record the affected portion of the session at no additional cost to Client. If rescheduling or re-recording is not feasible or acceptable to Client, or does not remedy the issue, Studio will issue a partial refund. The refund amount will be calculated proportionally based on the percentage of the total recording duration that was impacted by the quality issue.
Excluded Liabilities for Refunds. Studio is only responsible for recording services provided directly by My Friend's Basement during the booked studio session. Studio bears no responsibility for and will not provide refunds for:
- Third-party services or expenses incurred by Client, including but not limited to professional hair and makeup services, wardrobe and styling services, travel or transportation costs, guest talent fees, lodging, catering, or any other external services
- Any pre-production, post-production, or distribution services not directly provided by My Friend's Basement
Any refund granted shall be strictly limited to the session fee paid to My Friend's Basement for the specific recording session in question and shall not include reimbursement for any third-party expenses or production services under any circumstances. Under no circumstances will Studio refund the Client more than the total session fee paid to My Friend's Basement.
Intellectual Property Rights
Client Ownership. Clients retain full ownership of content they create while utilizing the recording Studio.
Rights For Promotion. All content created at any point in time, in full or in part by the Studio for the Client, can be used for promotional purposes by the Studio and associated contracted workers, indefinitely, on any platform and in any medium with written permission.
MINORS POLICY
Age Requirement and Parental Consent. Clients under the age of eighteen (18) ("Minors") must have a parent or legal guardian present during the entire studio session. The parent or legal guardian must execute this Agreement on behalf of the Minor and remain fully responsible for all payments, damages, liabilities, and obligations under this Agreement.
Alternatively, if a parent or legal guardian cannot be present, they must provide written consent and complete a separate Parental Consent and Liability Waiver form prior to the session. The parent or legal guardian remains financially and legally responsible for the Minor's use of the Studio.
Studio reserves the right to refuse service or terminate a session if a Minor is unaccompanied and proper parental consent has not been obtained.
Liabilities
Studio Damages. Client is responsible for any damage to Studio equipment, furniture, or facilities caused by the Client or the 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, the Studio will pursue legal remedies, and Client will be responsible for reasonable collection costs.
Liabilities. By accepting this Agreement, Client agrees that the 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 the Studio (e.g., RSS Feeds, podcast distributors, YouTube); 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 the Studio of them. The Client acknowledges and agrees that the Studio shall not be held liable for any statements, content, or materials distributed or made by the Client in association with the services rendered.
Limitation of Liability for Errors. The Studio does not guarantee that its work, or the work of external contractors hired by the 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 Refunds section of this Agreement (re-recording or partial refund). The Studio shall not be liable for any consequential, incidental, or special damages beyond the remedies specified in the 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. The 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.
Dispute Resolution
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.