terms of agreement
privacy policy
Terms of use

terms of agreement

Studio Policies, Terms & Conditions

FLOAT STUDIOS IS A PROFESSIONAL AUDIO RECORDING FACILITY. CUSTOMER SERVICE AND SATISFACTION ARE OUR TOP PRIORITY. THE FOLLOWING POLICIES INSURE THAT ALL SESSIONS ARE CONDUCTED IN THE MOST PROFESSIONAL MANNER WHILE PROVIDING OUR CLIENT A CREATIVE AND COMFORTABLE ENVIRONMENT

BOOKING RATES

Sessions are booked at the rates published by the studio (subject to change) unless other rates have been negotiated. Time will be billed in hourly increments with a 4 hour minimum. Sessions that run longer than the original scheduled time will be booked at the published rate assuming the studio is available. Day sessions are booked at the rates published by the studio (subject to change). If packages are needed longer than the published amount, rates can be negotiated. Different services might require different rates

CANCELLATION FEE

Cancellations after 24 hours before the session start time are subject to forfeit of the session fee and/or deposit.

If the Studio is required to cancel a session due to unavoidable circumstances not within the Studio’s control (ie; engineer illness, natural disaster), the Studio will reschedule the session for the earliest available time consistent with the needs of the Client. In the event that neither the Client nor the Studio can reach an agreement on a date and time for re-schedule, the Studio shall refund the full amount paid to the Client. The studio is not responsible for any damages caused by cancelation.

START/END AND SESSION TIMES

When Studio session/rental is booked, the time the Client has requested is then reserved for the Client and becomes unavailable for others to rent, If the Client chooses to end the session early, the Client will still be responsible for payment for the entire time in which they have reserved. The Client will not be entitled to a refund or credit if they choose not to utilize the time reserved in its entirety.

The Client may reduce the time of a scheduled session by contacting the Studio at least 24 hours BEFORE the start of the session, as long as the reduced time adheres to the Studio’s Terms regarding Booking Minimums. If the Client fails to request a reduction within the specified time, the reserved time can not be reduced and the previous Terms will remain in effect. Studio Rentals booked less than 24 hours before the start of the session cannot be modified. Engineers are not authorized to negotiate a time reduction after a session begins.

All Studio time extension requests are contingent upon Studio availability and must be paid in advance. Regular rates apply to additional Studio time and services provided. If original session was booked through a promotion, the extended time will be charged at the regular Studio rate at the time of the session.

For sessions lasting 8 hours and longer, the engineer will be entitled to a 30 minute meal break per session. All such time is on-the-clock.

STUDIO DOWNTIME

Unforeseen problems can happen; If session downtime occurs at the fault of the studios equipment, that time will not be billed. The studios liability shall be limited strictly to the studio time of the booked session and clients agree to hold Float Studios harmless from any damages from such downtime.

PAYMENT

You are responsible for all monies due to the studio and shall make payment to the studio with cash, credit card, or previously approved check, unless a signed contract or 1099 has been previously agreed upon by both parties. No media

will be turned over to you until full payment is made for that session or a previously approved contract is signed. Clients will be charged a $25.00 service fee if Client’s account is not paid in full by the completion of each session, unless other arrangements have previously been agreed to by both parties. Clients will also be responsible for all legal, attorney and collection fees, if required for payment. If an account is not paid in full, immediate collection and legal action will be taken. Clients will also accrue a 3.5% interest charge per month until it is paid in full. Receipt of recording media from Studio to Client is acknowledgement between both parties that the quality of all services rendered by Float Studios is satisfactory to Client and shall release Float Studios from any and all liability regarding said recording media and services rendered.

The Studio will not issue a refund AFTER a recording session has been performed and/or MP3 or WAV files have been delivered to the Client. We make every effort in working with the Client to deliver the highest quality product per the Client’s expectations. Studio Rental and other services are also non-refundable

FRAUDULENT OR STOLEN FUNDS

Float Studios upholds a no tolerance policy for any fraudulent or stolen forms of payment in accordance with federal law. The client agrees that all forms of payment and identification are their own. The client will be subject to legal action in the event the client attempts or succeeds in any illegal activity including, but not limited too, theft and/or fraud.

SESSION MEDIA

All works and projects, limited to Float Studios and its employees, are subject to a Non-Disclosure Agreement.

Session media will only be released when full payment for the session is received, unless other arrangements have previously been agreed to by both parties. Once session media has been turned over to the client, Float Studios is no longer expected to maintain a backup copy of the session, unless other arrangements have been made in writing. The Studio will NOT backup the Client’s files. We recommend that each client make a back-up copy of the sessions immediately. It is the Client’s responsibility to provide a personal flash/hard drive to the Studio for the purpose of downloading/ releasing the recording files to the Client in their entirety. Alternately, the Studio may transfer all recording files to the Client by attaching a link containing the files and sending to the Client’s email address of record. Any such link will be valid and accessible to the Client for a period of seven (7) days. On the eighth (8th) day, all files will be permanently deleted unless the Client has made other arrangements with the Studio in advance. Any and all material protected by copyright shall remain the property of the copyright holder. Float Studios is not responsible for any unrecoverable data or damages, including, but not limited to, session media left behind by the client.

If the Client rents the studio facilities without the Studio’s engineer, the Studio is not responsible for any files left on the Studio’s computers at the conclusion of the recording session. Due to Privacy and Security purposes, all files will be permanently deleted from all computers immediately following the Client’s session.

LICENSING

The Client hereby claims sole responsibility for obtaining any and all licenses needed before duplication or replication of any works in which the Client does not lawfully own the rights to. Float Studios is not responsible for any copyright infringement that may occur.The Client assumes full responsibility for any and all fees associated with obtaining such licenses and codes and or liability of infringement.

SESSIONISTS

If the Client requires the services of session musicians (including vocalists), directors, or coaches, etc., the client will be responsible for all arrangements and paying said sessionists. If the Client requests the Studio to arrange for sessionists to be at the recording session, the arrangements will continue to be between the sessionists and Client. The Studio is not responsible for any actions by the requested sessionists (ie; late/no-show, poor performance). In most cases, payment for additional musicians will be expected at the time services are rendered. The Studio recommends that the Client enter into a separate written agreement with the session musicians prior to the date and time of the booked session.

LEAVING GEAR BEHIND

The Client shall maintain sole responsibility for all personal items brought to the Studio. Float Studios is not responsible for lost, damaged, or stolen gear left behind. Any property left past 30 days will become the property of Float Studios unless other arrangements have been made.

STUDIO GEAR (DAMAGE)

In the event a piece of studio gear owned by Float Studios or any part of its facility becomes damaged by you, or anyone in your party, due to negligence, accident, or willful act, you agree to provide monetary compensation in the amount of full replacement value of the damaged item. Damage to the studio property of any kind that are a result of anyone in client’s party or group will be assessed to client’s account.

WAIVER OF LIABILITY

The undersigned releases liability, in consideration of Float Studios, in the extent of the situation in which the undersigned may sustain personal injury, or other damage to themselves, property, or cause others to be injured or sustain damage, including damage to the property. The undersigned agrees to take full financial responsibility for any damage or costs incurred by him/her or by anyone .

The client agrees to release, indemnify, and hold harmless Float Studios, and their managers, officers, trustees, employees, volunteers, assigns, successors, and/or agents, from and against all liability, actions, debts, claims and demands of every kind, including but not limited to, any claim for negligence or negligent acts or omissions and any present or future claim, loss, liability for injury to person or property that the client may suffer, for which the client may be liable to any other person, that may arise while at Float Studios.

The client hereby indemnifies and holds Float Studios harmless from any and all damages which may accrue to the client and/or others, with respect to the costs of musicians, vocalists, and others, and all other costs in connection with
down time on this session and/or any future sessions.

STUDIO RULES

Both doors to the studio must be kept closed playback.
Shut off all equipment, lights, and make sure the door is locked before leaving.
We are not responsible for any files left on the computer during private sessions. Please bring your own hard drive.
All use of the console and computer must be kept to session use only. Clients must refrain from downloading any third party software or media that could cause damage to the computer.
Handling of the console and other studio gear must be limited to approved engineers onlyges which may accrue to the client and/or others, with respect to the costs of musicians, vocalists, and others, and all other costs in connection with down time on this session and/or any future sessions.

RESPONSIBILITY

By checking this agreement, the client agrees that the person paying will be held responsible for the actions of all artists and guests he or she brings to any session. These rules apply to all persons. There are absolutely no exceptions whatsoever. This ensures a healthy business relationship for you as a recording artist and for the studio as well. The client affirms that he/she is the rightful owner or assignee of material to be recorded or reproduced. Float Studios & our employees are not responsible for copyright violations, talent or creative royalties, mechanical reproduction licenses, or any other liabilities for such material. Client also agrees to indemnify Float Studios and its employees for any and all claims, costs, losses, detriments, and expenses of any kind or nature. Including, without limitation, attorney’s fees and cost incurred by Float Studios by reason of any breach or alleged breach of any representation, warranty, or agreement made by client.

STUDIO DISCLAIMER

Should any portion of this Agreement prove to be unlawful or invalid, the remainder of the agreement shall continue to be upheld as a valid and binding contract. This agreement shall be governed by the laws of the State of California. Any changes made in this agreement must be agreed upon by Float Studios in writing and a document must be signed by the client and Float Studios. This document must be signed either electronically or in hard copy.

Electronic signatures count as originals for all purposes. This agreement applies to all and services contracted between the client and Float Studios, including all bookings and services contracted in the future. Any violation of these terms and conditions by the Client or any member of the Client’s party is grounds for immediate termination of this agreement. At such time that this agreement is terminated, Client and all persons included in Client’s party shall be escorted from the property and the Client forfeits all deposits already paid to the Studio. Client will then be banned from use of the Studio’s facilities, including all Sister Recording Studios.

The Studio or Studio Representative reserves the right to refuse service to anyone and/or determine
when a violation of these terms has occurred.

PRIVACY POLICY

WHO WE ARE

Float Studios (as defined in the Terms of Use and also referred to as “we,” “our,” “the studio” or “us”) provides a venue and associated services to facilitate the recording of musical compositions

CHANGES TO THIS POLICY

We may update this Privacy Policy (“Policy”) from time to time. If we do, we will notify you on the Site or by sending you an email of the changes and the date the new Policy goes into effect. The new Policy will only apply proactively, never retroactively. Use of the Site afer a change implies consent to the new Policy.

HOW THIS POLICY APPLIES

This Policy describes the data we collect from you, how we use and protect that data, and your rights and choices with respect to that data. Capitalized terms not otherwise defined herein are defined in our Terms of Use. By using our website, you acknowledge you have read, understood, and accepted our Terms of Use and this Policy.

THE INFORMATION WE COLLECT

We may collect data from you to allow you effectively navigate the Site. You may provide the data to us directly (for example, when filling out our contact form), through third-parties (for example, by connecting to social media through our Site), or through automated means (for example, through the use of cookies). Depending on your use of the Services, we may collect the following kinds of information we refer to as “Personal Data”:

THE INFORMATION WE COLLECT

Information you give us: When you use the Site and any of our subdomains or applications, we may ask you to provide certain personal information, such as your contact details, including your first and last name, email address, physical/mailing address, and phone number. This information helps us to serve you and other parties and sharing this information may be necessary for us to provide our Services, including through auto-preparation of the Studio Recording Agreement.
Information we get from your use of our Site: Float Studios, collects information about how you use the Site, such as how ofen you access it. We may gather certain information about your browser, operating system, IP address, and other websites from which you accessed the Site. We may also collect your information when you interact with our employees on the phone or in person and we may record those conversations, either because we are required to do so under regulation, or for training purposes so that we can improve our services.
Information from third parties or publicly available sources: We may also collect your Personal Data from third parties, such as third party profiles, when our Site connects to them.
Cookies: We may set and access cookies, which are small files residing on your computer’s hard drive that contain unique identifiers. To the extent that we have third-party advertisements on the Site, those third parties may also place and access cookies on your computer. You can choose to enable or disable cookies in your web browser. Disabling or deleting cookies may prevent you from using the full range of services available on the Site.

Please note that the Site may link you to a third-party service provider’s website (“Payment Service Provider”) for purposes of submitting payment for our Services. We do not collect or store any payment information (such as your credit card number) that you may provide to a Payment Service Provider, and you agree that we will not have any liability or obligation to protect such information provided to a Payment Service Provider but not collected or stored by us. Notwithstanding any provision to the contrary, we may collect and store your payment information if such information is provided outside of the Site, such as in person at the locations operated by us.

PROTECTING YOUR INFORMATION

We are committed to protecting the privacy and security of your Personal Data. We are a “data controller,” meaning that we are responsible for deciding how we hold and use your Personal Data. We will protect your Personal Data by:

using your Personal Data lawfully, fairly, and in a transparent way,
collecting your Personal Data only for valid and clearly-explained purposes,
limiting our use of your Personal Data to the purposes of which we have informed you,
keeping your Personal Data accurate and up to date to the best of our knowledge,
keeping your Personal Data only as long as necessary for the stated purposes, and
keeping your Personal Data secure.

We endeavor to do everything reasonable to protect your Personal Data, including through the use of encryption technology. However, in using the Site you accept the inherent security implications of engaging in transactions over the Internet.

YOUR RIGHTS

Internet users from different jurisdictions have various rights with respect to their Personal Data. To the extent the laws of your jurisdiction apply, you may have the rights to the following:

deleting, correcting, or modifying your Personal Data,
opting-out of direct marketing,
controlling targeted advertising,
withdrawing your consent to our use of your Personal Data for purposes to which you have consented,
controlling our access to your location information, and
obtaining a copy of the Personal Data you have provided to us.

If you have concerns about how we collect and use your Personal Data, please contact us using the details below. If you are not satisfied with our response, you have the right to bring your grievance to the relevant supervisory authority in your jurisdiction. If you are a citizen of the European Economic Area, you have the specific right to (i) object to our use of your Personal Data, and (ii) lodge a complaint with your local data protection authority.

If you are a resident of California, you have the right to request information regarding the disclosure of your Personal Data to third parties for the third parties’ direct marketing purposes. However, we do not share your Personal Data with third parties’ direct market purposes unless you elect for us to do so.

HOW WE USE INFORMATION WE COLLECT

We use the Personal Data we collect to provide you with the Services, optimize the Site, market and communicate, and comply with our legal or regulatory obligations. Specifically, we may use Personal Data in the following ways:

to confirm your identity and ensure you are eligible to use the Site and our Services,
to enable us to comply with our regulatory obligations to governmental authorities
controlling targeted advertising,
withdrawing your consent to our use of your Personal Data for purposes to which you have consented,
to monitor and improve the Site and the Services,
to contact you to ensure your customer satisfaction and to respond to customer support,
to enable us to conduct surveys and analysis of our user base, and
to advertise, publicize, and promote our business.

INFORMATION WE SHARE WITH THIRD PARTIES

We will not disclose Personal Data to third parties except under the following circumstances:

We may disclose Personal Data if we are required to do so by law, regulation or the order of court or other legitimate government body or arbitration panel.
We may disclose Personal Data in the event that we intend to enter into a major corporate transaction, such as a sale of control of our or another business.
We may disclose Personal Data in connection with a transaction you conduct through the Site.
We may disclose your Personal Data to third-party advertising services, such as Google Analytics, if we choose to run advertisements on the Site.
We may disclose your Personal Data to third party service providers solely in the course of their provision of services to us and will take reasonable precautions to ensure that these service providers are obliged to keep your Personal Data secure and confidential.

TERMS OF USE

WHO WE ARE

We offer the Site as a convenience to the Site’s users, subject to the following terms of use (“Terms of Use”), specifically including Float Studio’s privacy policy (“Privacy Policy”). If you do not agree to these Terms of Use, then you are authorized to use neither the Site nor our Services.

We may change our Terms of Use from time to time. If we do, we will notify you on our Site or by sending you an email detailing the changes and the date the new Terms of Use go into effect

APPLICATION OF THESE TERMS OF USE

THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN FLOAT STUDIOS AND YOU – THE USER OF THE SITE. BY USING THIS SITE, YOU ARE AGREEING TO THESE LEGALLY BINDING TERMS OF USE. YOU ARE ALSO AGREEING TO OUR PRIVACY POLICY. IF YOU DO NOT WISH TO CONTINUE TO BE BOUND BY THESE TERMS, THEN YOU MUST STOP USING THE SITE IMMEDIATELY. For the avoidance of doubt, if you use our Services, you will enter into a separate legally binding agreement (“Studio Recording Agreement”) that will govern your relationship with us with respect to everything other than your use of the Site, and these Terms of Use will not apply to your relationship with us outside of your use of the Site. At the same time, you may elect to enter into the Studio Recording Agreement through the Site and to submit payment through a third-party payment processor linked through the Site, in which case these Terms of Use, including the Privacy Policy, will apply with respect to your input of information through the Site.

INTELLECTUAL PROPERTY

The Site may include content, code, feedback, data, comments, suggestions, information, text, data, sofware, sounds, photographs, audio, audiovisual content, video, artwork, graphics, logos, icons, messages, and other content of any nature transmitted to or via the Site (collectively, “Content”). All of the Content on the Site is the property of Float Studios or the Content’s respective owners and may be protected by copyright, trademark, and other intellectual property laws. Subject to all applicable laws, you shall not reproduce, copy, distribute, store, or re-use Content from the Site, unless expressly agreed to in writing between you and the owner of rights to the applicable Content.

LINKS TO OTHER WEBSITES

Unless we expressly state otherwise, websites linked to on the Site are not under our control. We assume no responsibility for the Content of such websites and we disclaim any and all liability for any and all forms of loss or damage arising out of the use of such linked websites.

WHAT WE ARE NOT RESPONSIBLE FOR

Float Studios is not liable for any damages or losses related to your use of the Site. We reserve the right not to become involved in disputes between users, or between users and any third party relating to the use of the Site. When you use the Site, you release Float Studios from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Site. All Content you access through the Site is at your own risk. You are solely responsible for any resulting damage or loss to any party.

DISCLAIMERS

If you are an account holder, you may have recourse depending on the circumstances if something goes wrong with your use of the Site. Any recourse is limited by the following disclaimers:

WE HAVE NO FIDUCIARY DUTY TO ANY USER
WE MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, THAT THE SITE OR SERVICES WILL (1) MEET YOUR REQUIREMENTS, (2) BE OF SATISFACTORY QUALITY, (3) BE FIT FOR A PARTICULAR PURPOSE, (4) NOT INFRINGE THE RIGHTS OF THIRD PARTIES, (5) BE COMPATIBLE WITH ALL SYSTEMS, (6) BE SECURE, OR (7) CONTAIN ANY ACCURATE INFORMATION.
WE MAKE NO GUARANTEE OF ANY SPECIFIC RESULTS FROM THE USE OF THE SITE OR SERVICES.
NO PART OF THE SITE IS INTENDED TO CONSTITUTE ADVICE, AND THE CONTENT OF THE SITE SHOULD NOT BE RELIED UPON WHEN MAKING ANY DECISIONS OR TAKING ANY ACTION OF ANY KIND
THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND WE GIVE NO WARRANTY THAT EITHER THE SITE WILL BE FREE OF DEFECTS OR FAULTS.
WE ACCEPT NO LIABILITY FOR ANY DISRUPTION OR NON-AVAILABILITY OF THE SITE RESULTING FROM EXTERNAL CAUSES INCLUDING, BUT NOT LIMITED TO, ISP EQUIPMENT FAILURE, HOST EQUIPMENT FAILURE, COMMUNICATIONS NETWORK FAILURE, POWER FAILURE, NATURAL EVENTS, ACTS OF WAR, OR LEGAL RESTRICTIONS AND CENSORSHIP.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ACCEPT NO LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE, FORESEEABLE OR OTHERWISE, INCLUDING ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY INFORMATION CONTAINED THEREIN, AND YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.
YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FLOAT STUDIOS (INCLUDING ANY AND ALL SUBSIDIARIES AND AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, CONTRACTORS, REPRESENTATIVES, AGENTS, AND THIRD PARTY PROVIDERS) FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) AND ALL AMOUNTS PAID IN SETTLEMENT ARISING FROM OR RELATING TO, BREACH OF THESE TERMS OF USE OR VIOLATION OF ANY AWS. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU HAVE AGREED TO INDEMNIFY US, AND YOU AGREE TO ASSIST AND COOPERATE WITH US AS REASONABLY REQUIRED IN THE DEFENSE OR SETTLEMENT OF ANY SUCH MATTERS

NO WAIVER

IN THE EVENT THAT EITHER YOU OR WE FAIL TO EXERCISE ANY RIGHT OR REMEDY CONTAINED IN THESE TERMS OF USE, THAT DOES NOT MEAN YOU OR WE (AS APPLICABLE) HAVE WAIVED THAT RIGHT OR REMEDY AND SO SHALL NOT BE CONSTRUED AS A WAIVER

COMMUNICATIONS

If you wish to communicate with us about anything related to these Terms of Use, you may do so by sending an email to: floatstudiosla@gmail.com. If you have any other questions about the Site, you should email the appropriate address set out in the “Contact Us” section of the Site.

GOVERNING LAW

rbitration, the parties hereby submit to the non-exclusive jurisdiction of the state and federal courts sitting in Los Angeles, California. With respect to any disputes or claims not subject to informal dispute resolution, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Los Angeles, California and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Los Angeles, California.

INFORMAL NEGOTIATIONS

To expedite resolution and control the cost of any dispute, controversy, or claim related to this agreement (“Dispute”), you and Float Studios agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating court proceeding. Such informal negotiations commence upon written notice from one party to the other. You must send your notice to: floatstudiosla@gmail.com, ATTENTION: LEGAL.

RESTRICTIONS

You and Float Studios agree that any arbitration shall be limited to the Dispute between Float Studios and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be litigated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons

NOTICE FOR USERS IN CALIFORNIA

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us via email: floatstudiosla@gmail.com.