Terms and Conditions
1. BOOKING A SESSION
1.1 By purchasing an artist development session (or block of five (5) or ten (10) sessions) at The Artist Studio (“Session(s)”), you acknowledge that you and your parent/guardian (where you are under the age of 18) or other person who pays for the Sessions (“Payer”) have read and agree to be bound by the Terms below.
1.2 You (or your Payer) will be asked to provide correct and complete contact details at the time of booking. You acknowledge that no booking is confirmed until you (or your Payer) have received written confirmation from us of the booking.
1.3 We will try to ensure that students have continuity with their Mentor(s). However, you acknowledge that Mentor(s), equipment, and facilities are subject to change, and agree that by booking a Session you have not relied on any representation that a specific Mentor, piece of equipment, or facility will be available to you.
2. PAYMENT
2.1 Payment can be made before or after a Session, unless you are booking a block of Sessions, then payment is required in full at the time of purchase. Payment can be made by cash, card or bank transfer.
2.2 Until a booking is confirmed, we reserve the right to vary our rates and pricing structure. Please check our website or contact us for the most up to date pricing information.
2.3 If there is an outstanding balance on your account, we reserve the right to refuse to provide the Sessions until such outstanding balance has been paid.
3. CANCELLATION
3.1 You acknowledge we have allocated a specific time for your Session. If you cannot attend and/or need to cancel a Session for any reason, where you have provided:
(a) more than twenty-four (24) hours’ notice, payment will remain due and we will reasonably accommodate a make-up Session within thirty (30) days of the original Session (if the make-up Session is not redeemed within this period, it will be forfeited);
(b) less than twenty-four (24) hours’ notice (or are a no-show), payment will remain due and no make-up Session will be offered.
No refunds will be provided unless required by law or granted at the sole discretion of The Artist Studio in extenuating circumstances.
4. THE STUDIO
4.1 We pride ourselves on creating a safe and supportive environment free of bullying, harassment, violence, or discrimination. You agree to adhere to any code of conduct issued by The Artist Studio from time to time, and to comply with all lawful orders, directions and instructions of staff whilst at The Artist Studio.
4.2 You are responsible for ensuring The Artist Studio’s facilities are left in a tidy manner after each Session. We reserve the right to charge a cleaning fee where facilities are left in an unacceptable condition, or to charge the costs of replacement or repair of any equipment or property lost or damaged by you during a Session (including losses caused by misplacing or not properly storing equipment).
4.3 You acknowledge that you are at all times responsible for your own belongings, and we accept no liability for any loss or damage caused to your personal belongings at The Artist Studio.
4.4 We generally do not allow guests into The Artist Studio. If you would like to bring a third party into a Session, you must obtain our prior approval.
5. SONGS
5.1 It is important that you understand that any Songs made in connection with a Session are the joint effort of you and your Mentor(s). The following terms outline who owns the Songs, and what you can and can’t do with the Songs outside of the Sessions. To help explain this, we’ll be using the following capitalised words to refer to the different components of a song:
(a) ‘Musical Work(s)’ means the underlying composition in a song, which includes the musical score and lyrics.
(b) ‘Recording(s)’ means any sound recordings of a Musical Work created in a Session (including individual stems).
(c) ‘Demo Recordings(s)’ means the final sound recording of the Student’s performance of a Musical Work, and associated production.
‘Song(s)’ collectively refers to a Musical Work and its associated Recordings/ Demo Recording.
5.2 Musical Works. Unless otherwise agreed with us in writing, you and your Mentors will be equal co-writers of any original Musical Works (e.g. new Musical Works written in connection with a Session). Where you choose to record an existing Musical Work (e.g. a cover song), you are responsible for obtaining all relevant licenses and clearances to amend, arrange, or adapt such Musical Work (as applicable).
5.3 ‘Recording(s). You agree that The Artist Studio retains ownership of any Recordings, and these will generally not be provided to you as a part of the Session. You acknowledge that we are under no obligation to retain copies of any Recordings made pursuant to a Session.
5.4 ‘Demo Recordings(s). You will be the owner of all right, title and interest in any Demo Recording created pursuant to the Sessions. However, you agree that you will not adapt, change, modify, edit, remix, or alter the Demo Recordings (other than cropping for timing purposes), or use or combine any part of the Demo Recordings with other materials, without our prior written consent in each instance.
5.5 Personal and Private Use Only. As a condition of booking, you warrant that the Songs will only be used for personal and private use. You must not release, publish, perform, or otherwise communicate any part or whole of the Songs to the public (including via any music streaming platform such as Spotify or Apple Music, or any artist website or ‘official’ Youtube channel, Facebook page, Tiktok profile etc) without the prior written consent of The Artist Studio in each instance. Where The Artist Studio gives consent for you to commercially release or otherwise monetise a Song, you acknowledge that you will need to conclude separate terms with your Mentor(s). You are solely responsible for obtaining all necessary rights, clearances, consents and licenses to commercially release the Songs.
5.6 Credit. You must not credit The Artist Studio, or use any of The Artist Studio’s trade marks (both registered or unregistered) or other brand materials in connection with the Song unless expressly agreed by The Artist Studio in writing. We may at any time withdraw our consent for you to credit The Artist Studio, and you will promptly remove any references to The Artist Studio upon receipt of notice of the same.
5.7 Licence. You grant The Artist Studio a non-exclusive, royalty-free licence to reproduce and communicate any part or whole of the Songs for the purpose of professional recognition (including on The Artist Studio website) and for archival purposes.
6. CONSENT TO FILM
6.1 You agree and consent to The Artist Studio taking photographs, or making audio or audio-visual recordings of you performing and/or participating in any part or whole of the Sessions, or activities in connection with The Artist Studio generally (the “Materials”).
6.2 You assign and transfer to The Artist Studio exclusively and absolutely in perpetuity throughout the world all right, title and interest in and to such Materials, and agree that any Materials may be shared or used by us in connection with promoting, marketing, and advertising The Artist Studio in all media.
6.3 You acknowledge that you are not entitled to any payment, fee, or royalty of any kind in connection with the use or non-use of any part or whole of the Materials.
6.4 If you wish to withdraw your consent to be filmed or recorded, please contact The Artist Studio.
7. WARRANTIES
7.1 You warrant that:
(a) your contribution to any Musical Work, Recording, and/or Demo Recording is original, and that you have not copied, ‘sampled’, or otherwise included any third party works in the Musical Works (excluding cover songs), Recordings, and/or Demo Recordings;
(b) the Musical Works, Recordings, and/or Demo Recordings will not infringe upon or otherwise violate the rights of any third party;
(c) you understand that The Artist Studio has not made any representation or warranty as to the technical, artistic, or commercial quality of any Musical Work, Recording, and/or Demo Recording.
7.2 You indemnify The Artist Studio, their related entities, and their directors, officers, employees, contractors and agents against any loss, damages, or expenses which The Artist Studio may suffer as a result of any third party claim, action, or proceeding (actual or threatened) arising from any breach by you of this clause
8. LIABILITY
8.1 You acknowledge that there is a risk that performing or practising singing may result in vocal damage, and that The Artist Studio will not be responsible for any mismanagement of voice or technique.
8.2 You acknowledge the speculative nature of the entertainment industry, and agree that The Artist Studio has not made any guarantee, representation or warranty that the Sessions will provide any benefit, outcome or result. To the maximum extent permitted by law, The Artist Studio disclaims all warranties whether express, implied, or statutory relating to the quality, fitness for purpose, or value of the Sessions, as well as to the level of care, skill or technical knowledge of The Artist Studio or any of its employees, contractors, or Mentors.
8.3 Notwithstanding, if The Artist Studio has breached a term, condition, warranty, statement, or assurance which cannot be excluded by these Terms, to the maximum extent permitted by law, The Artist Studio’s entire liability and your exclusive remedy is limited to:
(a) re-supply of the Session; or
(b) re-payment of the Session fee.
Subject to the preceding clause and to the maximum extent permitted by law, The Artist Studio (including its respective officers, employees and agents) and any Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) are not responsible for and exclude all liability for any personal injury; or any claim, loss, or damage (even if The Artist Studio has been advised of the possibility of such loss or damages, or the possibility of such loss or damages was otherwise foreseeable); whether direct, indirect, special or consequential, arising in any way out of the Student’s participation in the Sessions or attendance to The Artist Studio.
9. GENERAL
9.1 The Student and The Artist Studio acknowledge that nothing in these Terms will infer any employment relationship between the parties, or any partnership, joint venture, or other common undertaking. These Terms form the entire agreement between the parties in respect of the Sessions, and may be updated from time to time at The Artist’s Studios sole discretion upon providing notice of the same. These Terms shall be read and construed according to the laws of the State of New South Wales and the parties submit to the jurisdiction of that State. If any provision of the Terms is illegal, void, invalid or unenforceable for any reason, no other provisions of the Terms will be affected as a result and accordingly the remaining provisions of the Terms will remain in full force and effect. In the event that the obligations of The Artist Studio cannot be performed or fulfilled for any reason beyond the reasonable control of The Artist Studio (including without limitation war, industrial action, civil strife, floods, fire, earthquakes and other acts of God, pandemics, curtailment of travel services) such non-performance or failure to fulfil their obligations will be deemed not to be a breach of these Terms. The Student must do all things necessary (including executing agreements and documents) to give effect to these Terms. These Terms may be executed in any number of counterparts, each of which will be deemed an original but all counterparts together will constitute one instrument.