Studio Definitions, Rules, Policies, and Procedures

Itchy Brain Recording

Studio Definitions, Rules, Policies, and Procedures

We want your recording experience at Itchy Brain Recording to be the best possible. In order to do this, the following definitions, rules, policies, and procedures are presented to avoid any confusion or misunderstandings. The contract between Itchy Brain Recording and the party(s) signing the contract requires that the artist/entity/client signing the contract reads, understands, and agrees to the provisions of the “Studio Definitions, Rules, Policies, and Procedures” document. It is further understood that the “Contract for Services” is to be signed, and the deposit paid before any Sessions are booked. (See “Financial Considerations”). These documents are based upon many years of experience and upon standard recording studio practices. We appreciate your business!

Artist/Entity/Client:

The party(s), person(s), or entity(s) jointly and/or severally signing the contract. Hereafter called the Client. The Client(s) is/are jointly and severally financially responsible for all costs and fees

associated with the Project. The Client pays the Bill. The Client must be over 18 years of age. Parents of minor children may sign for their offspring, thus assuming all requirements of the contract. The Client(s) is/are also jointly and severally financially responsible for any and all actions of any member of his/her Entourage. (See definition below).

Itchy Brain Recording:

The recording studio providing the services requested (Hereafter referred to as IBR). IBR will provide access to all equipment, (musical instruments with special permission), microphones, etc. and provide a qualified audio engineer to set up and run all equipment. The Engineer is NOT the Producer (See below). The Client is urged to bring any equipment, instruments, microphones, licensed plug-ins, etc. that they wish to use on the Project. Client may NOT bring in any outside audio or video recording device without the consent of IBR. (IBR equipment list provided upon request) In the unlikely event that any of the Client’s equipment does not perform to the Engineer’s expectations due to hum, noise, R.F.I., or other issues, IBR will inform the artist and may suggest alternatives. The Client may sign a waiver if he/she insists on using a particular piece of equipment or instrument in the Session questioned by the Engineer. The goal is to have the best product possible for the Client at the lowest possible cost.

Intern:

We choose interns that are currently enrolled or recent grads from in an Audio Engineering Program. An Audio Engineering Intern may or may not be present at any or all sessions to help and/or observe. The services of the Intern will not be billed to the client. The Client agrees that the Intern may be present at any session. They are under the supervision of and report to the IBR Engineer.

Runner:

We can provide a runner for your needs at an additional $15.00 hr. This person will be available to go get food, run errands or what ever else you need done.

Project:

The services provided to the Client:

The RAW Files recorded at session are copied to clients backup Harddrive or uploaded to Dropbox or other online service before the end of your session. No part or whole of the Project in any form or status will leave the IBR premises until all Fees are paid. IBR accepts cash, check or debit/credit card, and will hold the project at IBR until the check clears. The Client is urged to purchase a compatible hard drive and store the Project on his/her own hard drive when the Project is finished. (Or IBR can provide one to the client at the cost of $100). Standard Studio Rate ($75.00 per hour) will be billed for the transfer of files if not done durring session time. IBR will NOT guarantee that the project will stay on any storage device or media belonging to IBR, and is NOT responsible in any way for loss of the project after the project is delivered to client. The Client understands that the files contain data only, and any software, plug-ins, equipment, or education required to play or store the data is the responsibility of the Client.
Client is urged to allow IBR to use the best (short) excerpts of the Client’s Project on the IBR Website for promotional purposes. No compensation will be provided to the Client for the use of these excerpts. Excerpts will not be complete versions of any part of the project, and are usually only 15 seconds long in MP3 format. A link to the Client’s website will be provided free upon request. An initial in the appropriate line on the “Contract for Services” will be required to grant IBR this permission.
It is further understood that the Client is responsible for any and all copywrite, licensing, and “work for hire” issues. Any copyright, license fees, or royalty payments due to any other Client(s), Artist(s), or party(s) for their copyrighted work (including “samples”) used by the Client are the responsibility of the Client. The Client will “hold harmless” IBR for any action due to any of these violation(s) by the Client.

Deposit:

A 50%, NON-REFUNDABLE Deposit , payable to Itchy Brain Recording, is required to book any recording sessions or services of any kind. Another 25% is due at start of session and the other 25% before any music leaves the building . Sessions can be rescheduled for a 10% surcharge within 72 hours of the scheduled time. Cancellations with less than a 72 hour notice will forfeit 100% of your deposit. All other sessions canceled with less than 7 days of the reserved date will forfeit 50% of the deposit. We PREFER sessions to be booked 7 days in advance but, when schedule permits we can book with a 24hr notice and full payment up front via Square or Paypal.

Fees:

The amount of U.S. dollars paid to IBR by the Client for services rendered.

Bill:

The amount of U.S. dollars invoiced to the Client, due upon receipt, an the end

of each session booked. Bills will be handed to the Client at the end of each session unless other

arrangements are made in advance. (“Pay as you go”)

Standard Studio Rate: IBR currently charges $75.00 U.S. per hour for services rendered.

DAW Systems:

State of the art software and hardware are used to produce the Client’s Project. IBR currently uses Pro Tools, Cubase, Logic and will install the clients preferred DAW software upon request with a VAILD license. IBR records at 48K, 24 bit. Higher sample rates up to 192K are available upon request. No outside audio or video recording devices shall be brought into IBR without the consent of IBR.



Session:

The mutually agreed upon date(s) and time(s) for the Project to be worked on. This includes but is not limited to: load in time, set up time, microphone choice and placement, tuning, volume level check, signal flow check, headphone mix check, tracking, overdubs, editing, rough mixing, rough mastering, bouncing to requested format, file transfer, Project archive to Client’s hard drive(s), etc.

Fees charged to the Client accrue from the agreed upon start time and date regardless if the Client or any critical member of the Client’s Entourage are late or not present.

Load in starts at the start time. (Drummers may show up 15 minutes early to unload and set up with no charge to the Client).

There is a minimum of four (4) hours per band recording session and two (2) hours for vocal or mix sessions. It is suggested that no more than eight (8) hours at a time be booked for recording, because the ears get fatigued and so do the musicians. However, client may book as many hours as they feel they need.

Time used to tear down (put away) any IBR equipment or instruments will not be billed to the Client. (Clean up is on us!)

Entourage:

Anyone associated with the Client and present at IBR. This includes band (orchestra) members, significant others, booking and publishing agents, relatives, “posse”, extra musicians hired for the session, security personnel, managers, A and R personnel, producers, etc. Only those members of the Entourage absolutely necessary for the Session should be at the Session. IBR reserves the right to limit the number in your entourage. Be sure to inform the Engineer when booking your session the number of people in your Entourage who will be in attendance.

Producer:

The person(s) responsible for all musical decisions regarding the project. The Producer is NOT the Engineer, but directs the Engineer to “twist the knobs and move the faders”. In most cases, the Producer is the Client/Artist, or the Client/Artist’s designee. IBR will provide a qualified audio engineer for all Sessions, and may suggest (if the Client/Artist/Producer wishes) help in technical musical decisions relating to the project. The Producer is responsible for how the Project sounds, and has “final say” in all musical matters and decisions. Any changes, edits, on any of the tracks and the final stereo master are the responsibility of the Producer.
When a project is mixed at IBR, usually several different “Master Mix” versions are made to test how the Project (CD-R) will sound on different playback systems. It is rare that the first “Master Mix” is the “Final Master Mix”. The Producer and Client will need to “sign off” at the conclusion of the Project that the Project was done to his/her satisfaction, and the Client will have to pay all fees associated with the Project before any “Master Mix” is released to the Client. The Client’s utmost satisfaction is the goal of IBR.

Engineer:

The person responsible for all IBR equipment, instruments, microphones, cables, media, computers, software, mixers, etc. The Engineer sets up all microphones, plugs in all equipment, checks for all signal flow, sets all recording levels, and “twists the knobs and moves the faders” at the Producer’s direction. At the request of the Producer, the Engineer may suggest musical ideas as they relate to the technical recording process of the project.

Financial Considerations:

A 50%, NON-REFUNDABLE Deposit , is required before any studio time is booked. The deposit will be applied to the final Bill generated by the Client and the Project.

IBR charges by the hour but an offer project rates when applicable. The rate will vary depending upon the complexity, scope, and length of the project. The hourly rate is specified in the Contract.

All Fees are due and payable at the end of each session booked.

(“Pay as you go”) In this way, the costs of the Project are spread out over the length of time the Project takes, and a large sum of money does not change hands at the end of the Project.

Any Fees not paid within one week of the last session will cause the Project to be placed on inactive status until all Fees are paid. After 30 days of non-payment, the Project will be placed on indefinite hold, and finance charges of 1.5% per month (18% annually) will be applied to the outstanding balance of Fees due to IBR. After 60 days of non-payment, all data, including the Sound Recording copyrights, in the Project will become the permanent property of IBR, and IBR will use the project as it sees fit, whether to delete, destroy, sell, modify, publish, or anything else without any compensation of any form to the Client. Payment of any and all Fees including collection and court costs, postage, attorney’s fees, etc. are still required of the Client for services rendered, regardless of the length of time of non-payment of Fees.

IBR may at its discretion, continue or terminate the Project after all Fees are current. IBR is NOT responsible for any fees due to members of the Client’s Entourage for any services that they may render to the Client while at IBR.

Again, NO PART OR WHOLE OF THE PROJECT IN ANY FORM OR STATUS WILL LEAVE THE IBR PREMISES UNTIL ALL FEES ARE PAID AND PROJECT IS TERMINATED.

Cancellations:

Any Session of the Project booked (50% deposit given) may be cancelled by IBR or the Client for any reason with at least 10 days advanced notice given to the other party with no penalty to either party. All other sessions canceled with less than 10 days of the reserved date will forfeit 50% of the deposit.

Sessions canceled with at least 72 hours notice can be rebooked at a mutually agreed date and time for a 10% surcharge. Failure of the Client to give 72 advanced hours notice of cancellation to IBR will cause the forfeiture of the 50% deposit, and require another 50% deposit to be placed with IBR if the Client wishes to continue the Project or any future booked Sessions.

All Fees accrued and due to IBR, including any and all Extra Musical Services, are NOT excused by the cancellation of a booked Session or Termination of the Project.

Exceptions MAY be granted to the Client from this policy at the sole discretion of IBR only for death in the family, extreme illness, or medical emergency. In the unlikely event that IBR has to cancel a booked session for any reason with less than 72 hours notice, one hour of studio time will be given free to the Client at a mutually agreed time and date.

Conclusion/Termination/Partial services:

We expect the Conclusion of the Project to be a moment of celebration. Sometimes a Client may wish to do only a portion of a Project at IBR, such as just the raw tracks, just the drum tracks, or just mixing. In this case, the exact scope of the Project and the duties to be performed by IBR will be spelled out by the Client in writing in the Contract before the Deposit is paid. IBR will do exactly and only what the Client requests.

Client may Terminate the Project upon payment of all fees due, and IBR will release any and all Data associated with the Project to the Client. This may be at any point in the Project, whether “raw”, “finished”, “mixed”, “mastered”, “final mastered”, or any other status.

Album & Song Credits Policy:

MIXING ENGINEER: For albums or songs mixed by an Itchy Brain Recording Engineer: Credit for mix engineer shall be displayed on outside packaging and liner notes of all copies of any Record in which the Mix(es) is/are embodied on and shall read: “Mixed by (name of Itchy Brain Recording Engineer(s) at Itchy Brain Recording”

MIXING STUDIO: Credit for Mixing Studio shall be displayed in the liner notes of all copies of any Record in which the Mix(es) is/are embodied on and shall read: “Mixed at Itchy Brain Recording, Avondale Estates, GA”

RECORDING ENGINEER: For albums or songs recorded by a Itchy Brain Recording Engineer: Credit for recording engineer shall be displayed in the liner notes of all copies of any Record in which the Master Recording(s) is/are embodied on and shall read: “Recorded by (name of Itchy Brain Recording Engineer(s) at Itchy Brain Recording”

RECORDING STUDIO: Credit for Recording Studio shall be displayed in the liner notes of all copies of any Record in which the Master Recording(s) is/are embodied on and shall read: “Recorded at Itchy Brain Recording, Avondale Estates, GA”

If both recorded AND mixed by Itchy Brain Recording Engineer or at Itchy Brain Recording, credit may be combined, such as “Recorded and Mixed at Itchy Brain Recording” or “Recorded and Mixed by (name of Itchy Brain Recording Engineer(s) at Itchy Brain Recording”.

Studio Behavior and Standards:

IBR is in a commercial space and per landlord this is a NO Smoking facility. Smoking is NOT allowed anywhere inside IBR. You may use the area outside if you need to smoke. Please use the receptacles provided.

ABSOLUTELY NO FOOD OR DRINK IS ALLOWED IN THE STUDIO, CONTROL ROOM, VOCAL BOOTH, DRUM ROOM, LIVE ROOM, OR ON STAGE. (at IBR Owner’s discretion) The Client’s lounge (“Green room”) may be used for these purposes.

IBR has a handicap accessible restroom located in the Client’s lounge.

You are welcome to bring your own food and beverage, and may use the refrigerator in the Client’s lounge. IBR usually will provide some light snacks and drinks gratis during breaks in the Session.

IBR expects the highest standards of behavior from the Client and his/her Entourage. Any IBR studio equipment, walls, floors, doors, cables, stands, microphones, headphones, instruments, computers, amplifiers, furnishings, data, software, etc. damaged either accidentally or on purpose by the Client or the Client’s Entourage will be billed to the Client for the cost to clean, repair, or replace, (at IBR’s option), the damaged item(s). The Session or the Project may be canceled, or rebooked at IBR’s sole discretion, with no master CD-R’s or Raw Tracks released if equipment is damaged by the Client or his/her Entourage. The deposit will be applied to any damaged items.

IBR is NOT RESPPONSIBLE for any of the Client’s or his Entourage’s personal equipment, clothing, accessories, or other personal property left at or damaged in any manner by anything or anyone while at IBR.

Illicit or “rowdy” behavior, illegal drugs, or their use WILL NOT BE TOLERATED at IBR. If a Client or any member of the Client’s Entourage behaves in an illicit or rowdy manner, uses or is under the influence of drugs while at IBR, IBR may, at its sole discretion, cancel the session or the entire project, with no master CD-R’s released. IBR, in its sole discretion, will determine what is illicit or rowdy. Studio time accrued will still be due.

Composition, Arrangements, Lead Sheets, and other Extra Musical Services:

Upon request, IBR may provide musical arrangements (sheet music or charts) for bands, quartets, instruments, vocalists, pianists, etc. IBR may also arrange (with enough advanced notice) for professional musicians to perform on the project. Professional musicians are accustomed to reading sheet music or chord charts, and demand such to save time. They must have the music or charts ahead of time to practice on their own.

Any and all extra musicians (or other personnel working for the Client) will be paid directly by the Client, and IBR assumes no responsibility for their remuneration, taxes, withholdings, or employment status. The Client may have to make a separate contract with any “extra” musicians/personnel at his/her discretion.

IBR does not “employ” any of the Client’s Entourage.

Standard Studio rates apply to Extra Musical Services provided by IBR.

The “Contract for Services” will list any Extra Musical Services requested.

Work for Hire/Mechanical License Charges/Warrants:

Client agrees to and understands that any music produced by musicians hired by the Client for the Session is generated under “Work for Hire” rules, and such work is the property of the Sound Recording copyright owner.

The Client is responsible for any and all Mechanical License Charges, Royalties if any, or other Copyright issues.

IBR may secure the Copyrights, Mechanical Reproduction License(s), and other issues for the Client for an additional fee specified in the Contract as an Extra Musical Service.

Client warrants that he/she has the right(s) to reproduce any samples used at IBR in any sound recording.

Technical Difficulties, Equipment Failure, Act of God, and Human Error:

Every effort is made by IBR to ensure that the Clients’ session starts on time and is extremely productive. To that end, IBR has spent thousands of dollars on equipment, training, and supplies. In addition, IBR is constantly testing, improving, and updating its equipment and facilities. Human error, equipment, software, and computer failures, and technical difficulties, (although rare) do happen from time to time, and are a fact of life. IBR is not responsible for any fees or charges incurred or demanded by the Client’s Entourage as a result of Technical Difficulties, Equipment Failure, and/or Human Error. Client agrees to “hold IBR harmless” any consequences of equipment failure, technical difficulties, human error, or act of God. The Client is responsible for studio time due to IBR due to the Client’s Technical Difficulties, Equipment Failure(s), and/or Human Error. IBR may, at its sole discretion, cancel the Session and rebook the Session at a mutually agreed time if Technical Difficulties, Equipment Failure(s), and/or Human Error factors cannot be quickly fixed.

Mediation:

In the unlikely event of any disagreement between IBR and the Client, both parties agree to first use a mutually agreed upon Mediator to work out any disagreements. Any cost of mediation will be split 50/50 between the Client and IBR. If, after mediation, the recommendations of the mediator are not acceptable to either or both parties, the Client or IBR may then proceed with any legal action. The venue for any and all legal action by either party shall be Dekalb County, State of Georgia.