Terms Of Service

1. Services

1(a) Humans Win will provide the services detailed on Exhibit A (“Services”). There will be an added charge for services provided at Client’s request that are not outlined on Exhibit A. Services may include, but are not limited to, engineering, tracking, mixing, mastering, editing, composing, arranging, performing, CD reproduction, audio archiving, data management, and rehearsal rental.

1(b) Client may arrange for Services in one of the following ways:

(i) Project. A Project is a specific set of Services that Humans Win has agreed to provide at a special rate or under special circumstances. Project rates will be defined in detail.

(ii) Lockout. A Lockout is a continuous period of time (e.g., day, week or month). Lockouts must be used consecutively.

1(c) Lockouts in addition to items on Exhibit A will be provided at the same rate. Services will be provided as studio availability permits. Rates may be combined, but will not be converted from one type to another.

1(d) Humans Win does not give refunds for unused parts Lockouts.

1(e) Services include:

(i) use of the studio facility, including the live room, control room, common areas, lounge and outdoor areas; and

(ii) use of all of Humans Win’s standard equipment.

1(f) Services do not include:

(i) use of any of the equipment listed on Exhibit D.  There will be an additional charge for use of any Optional Equipment;

(ii) Supplies and Consumables listed on Exhibit C.  Supplies and consumables include CDs, hard drives, tape, etc.; or

(iii) Hospitality Services. Hospitality Services include, but are not limited to, catering and the provision of food and beverages at Client’s request.  

 

2. Payment

2(a) Client agrees to pay for:

(i) Services as provided on Exhibit A;

(ii) Optional Equipment on Exhibit D;

(iii) Supplies and Consumables on Exhibit C.

(iv) Humans Win’s actual costs for Hospitality Services. Humans Win will provide receipts and records on request.

2(b) Once Client has approved a track, mix or master, there will be an additional charge for any change to that track, mix or master.

2(c) Client will pay Humans Win 50% of the Total rate upon booking and 50% upon completion of Services. Booked dates will not be reserved without the 50% payment, but Humans Win will notify you of any potential conflict. Any charges for additional Services, Hospitality Services or Optional Equipment will be added to the final invoice.

2(d) Invoices are due and payable on receipt. If Client fails to pay on these terms, Client agrees to pay Humans Win’s actual expenses, including attorney’s fees, associated with any collection activities.

2(e) Rates and charges are subject to change without notice, but will not apply to any contract currently in effect between Client and Humans Win.  Client will retain all intellectual rights and copyrights, even in the event of nonpayment.

2(f) Humans Win will retain the master and will not release it to Client until all amounts are paid in full.  If monies due are not paid after a period of 30 days from completion of services, all recording media will become the property of Humans Win.  

2(g) Payment can be made by Paypal, Credit, Money Order, Venmo, Square Cash, cash, or personal check.  Any personal check returned for insufficient funds will deem all remaining bookings terminated and all outstanding payments, fees or costs shall become the Client’s responsibility.

3. Humans Win’s Responsibilities

3(a) Humans Win will:

(i) provide Standard Equipment and Optional Equipment in good working order;

(ii) at Client’s request, provide studio personnel to assist as required during Client’s session;

(iii) endeavor to secure all recording media and property of Client or Client’s guests left on premises throughout the duration of services.

(iv) maintain safe, clean, and comfortable facilities;

(v) ensure Client’s privacy during sessions; and

(vi) assist with hotel accommodations, travel arrangements and tourist information.

3(b) In no event will Humans Win be liable for its failure to perform its obligations under this Agreement for contingencies beyond its reasonable control.

3(c) In no event will Humans Win be liable to Client for any reason for more than the amount Client paid under this Agreement.

3(d) Humans Win cannot be held responsible for lost, stolen, or damaged property or recording media of the Client or Client’s guest’s brought to, left at, or taken from its premises.  Any property left on premises for more than 45 days past the completion date of services will become the property of Humans Win.  

4. Client’s Responsibilities

4(a) Client will:

(i) make all payments when due;

(ii) pay all contract musicians directly;

(iii) pay for lost or stolen property and/or damages incurred by Client, guests of, employees of, or any agent acting under the instruction of Client, other than normal wear and tear, to the Standard Equipment, Optional Equipment and studio’s premises;

(iv) not eat or drink in the control room with the exception of bottled water, not smoke anywhere but outdoors and not place any food, drinks or smoking material in undesignated areas or on any equipment; and

(v) respect Humans Win’s neighbors and neighborhood.

(vi) not participate in any illegal or harmful activity, or possess any illegal substances, while on the premises of Humans Win.

(vii) not possess guns or weapons while on the premises of Humans Win.

4(b) If Client cancels a booking less than 7 calendar days before the session, Humans Win will keep one Lockout’s worth of Client’s deposit and return the rest to Client.  No exceptions other than death of a relative or extreme illness will be considered.

4(c) If Client does not comply with any of Client’s responsibilities, Humans Win may terminate this Agreement and keep any amounts paid by Client for Services provided prior to termination.  Humans Win will provide Client any masters recorded prior to termination, when rightfully paid for.

4(d) Client understands that Humans Win reserves the right to refuse service and/or terminate any established agreement for any reason Humans Win deems necessary.

4(e) Receipt of recording media from Humans Win to Client is acknowledgement between both parties that the quality of all services rendered by Humans Win is satisfactory to Client and shall release Humans Win from any and all liability regarding said recording media and service rendered.

4(f)Client shall give Mixing Engineer/Producer appropriate credit on all distributed copies of final work. 

5. Additional Items

5(a) Client understands:

(i) engineers and Producers provided by Humans Win will require a 10 minute break every two hours and a 30 minute break every four hours in order to prevent ear fatigue.  All breaks will remain billable, regardless of when they occur.

(ii) sessions start times will always remain determined by what has been booked and not by the arrival time of Client.  

(iii) any minors brought onto the premises must remain under close supervision of an adult.

(iv) Humans Win does provide free parking, but is not responsible for any parking violations, damage, or theft of vehicles.

(v) it is advised that Client plans for setup times of roughly 3 hours per session.

(vi) there may be pets that live in an adjacent apartment.  If allergies are of a concern, please notify Humans Win so that appropriate measures can be taken.

(vii) Humans Win reserves the right to deny the admittance of any guest, engineer, or agent acting under the instruction of Client for any reasons Humans Win deems necessary.

(viii) that a Humans Win employee must always be present during occupation of spaces and that use of equipment can only be conducted under his/her instruction.

(ix) that Client is to assume full responsibility when requesting services that may violate any publishing, record label, management, or any other 3rd party contract and can not hold Humans Win liable in any way.

(x) Client will retain all intellectual rights and copyrights whether balances are paid in full or not.

Signature by Client or Client's representative below acknowledges these rates and rules are in effect, and exempt Humans Win from any liability to either persons or equipment.

Should any portion of this Agreement prove to be invalid, illegal or unenforceable, it shall not affect the balance of this Agreement. This Agreement is guided by and governed by the laws of the State of Minnesota and Hennepin County shall be the place of execution and jurisdiction.

Should any litigation arise between the parties hereto regarding the performance of this Agreement, the prevailing party shall be compensated for whatever damages are awarded, plus reasonable attorney's fees by the other party.

This Agreement, including all Exhibits, is the complete agreement between Client and Humans Win, and it supersedes all discussions, proposals or prior agreements, made verbally or in writing, regarding Services.  Any modifications or additions must be written and signed by both parties.

 

EXHIBIT A

Services/Rates

I Services     

Recording, Mixing, Mastering, Song Production

II Dates/Times

Start Date:     TBD    Time:     TBD

III Rates

Project Rate:  $500/day, $60/hour tracking, $60/hour for: mixing/mastering


 

CHECKS PAYABLE TO “Humans Win”


 

EXHIBIT B

Contact List

 

1. Name:  Lance Conrad

Title: Head Engineer/Producer, Owner

Address:  1423 29th Ave NE MPLS MN 55418

Phone:  612-968-9484

Email:  Lance@HumansWin.com    

 

2. Name:  Taylor Lewin

Title:  Engineer/Producer, Manager

Address: 1423 29th Ave NE MPLS MN 55418

Phone:  920-366-7977

Email:  Taylor@HumansWin.com

Humans Win!

1423 29th Ave NE

Minneapolis, MN 55418

Humans@HumansWin.com

www.HumansWin.com

 

EXHIBIT C

Supplies & Consumables


 

250GB External Firewire Hard Drive  $100

CD-R’s Complimentary 5, each additional $1.00

DVD-R’s $1.00

Other:

 

PRICES DO NOT INCLUDE TIME OR DUPLICATION. THIS IS FOR BLANK MEDIA ONLY.

PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE






 

EXHIBIT D

Optional Equipment


 

____________________________________________________________ Rate:  

 

____________________________________________________________ Rate: