Terms of Service and Privacy Policy

Service Description:

• On The Moon Studios provides a variety of services that include commercial quality recording, mixing, mastering, production, lyric writing, creative process coaching, rehearsal space rental, multimedia content creation, in-studio workshops, DAW instruction, engineer coaching, cover art creation, lyric video creation, music video creation, voice over services, podcast production and editing, commercial jingle production.

Scheduling and Cancellation Policies:

• Clients must schedule their recording session through the studio’s online scheduling system for an appointment to be legitimate. If a client needs to cancel their appointment they may do so by the provided cancellation link in the appointment details. 

• If clients sign a membership contract with On The Moon Studios and do not cancel their session 24 hours in advance, the amount of hours that they canceled will be deducted from their total membership hour count.    

Rates and Payment Terms:

• Services at On the Moon Studios are either paid on a per hourly or per project basis unless otherwise agreed upon by both parties.

• If work is not completed in the time allotted, additional work will need to be paid for at the studio’s hourly rate. 

Accepted forms of payment are: 

Cash 

Credit Card 

Debit Card 

Cash App 

PayPal 

Zelle 

Apple Pay

Clover

Venmo

Preferred times of payment:

•  The client can either do so upon making their appointment or upon file delivery through the use of Wetransfer. 

• The engineer or studio owner reserves the right not to deliver the files from services completed until services have been fully paid for. 

  Session Duration and Overtime:

• The duration of the recording session will be determined by the amount of time scheduled and paid for by the client. 

• The official time paid for starts at the time scheduled using the online scheduler, not the client’s arrival time. 
  

• Clients must pay and schedule for two hours minimum unless a project is 90% complete in accordance with the engineer’s workflow. 

• Sessions will begin and end promptly according to the time originally scheduled by the client. 

• If a client is more than 30 minutes late to their appointment the engineer reserves the right to have the session be rescheduled by the client at their next available time in accordance with the studio’s availability via use of the studio’s online scheduler.

  Studio Equipment and Facilities:

  On the Moon Studios is a hybrid studio that mixes the use of cutting edge digital and analogue equipment.

  Vocal Chain (in order): 

  Neuman u87ai condenser microphone

  Antelope Orion Studio Synergy Core interface  

  Analogue WA-2A Tube Compressor

  Analogue Avalon VT-737sp Tube 

  Freqport FT-1 FreqTube 

  Dangerous 2Bus LT

  Plug-In Brands Used:

  Waves 

  Soundtoys 

  Soothe

  Izotope RX and Ozone 11

  IK Multimedia 

  Kemper (Rack Profiler)

  Native Instruments Kontact 

  Antares 

  Melodyne 

  Oeksound

  Facilities:

• The studio has 3 spacious sound-treated recording booths and a comfortable control room big enough for a band to all sit in on the mix. 1 restroom and a sun-lit lobby with complimentary Kangen Water. 

  Client Responsibilities:

• Clients must adhere to the studio’s rules outlined in this agreement if they are to participate in services provided by the studio. If a client does not adhere, the studio's owner or engineer may terminate service with that client at the studio’s engineer or owner’s discretion.

• If the client is recording with music that was made before coming to the studio, they must provide the music in a quality format. Any time taken to obtain or prepare the music during the session will apply to the time they scheduled and paid for.

• If the client ever handles the studio’s equipment, it must be done so with care and upon permission. Any misuse of the equipment by the client may cause the session to be terminated without refund. 

• The client must understand that if they bring guests to their session, they risk decreasing the productivity and quality level of their music due to distractions caused and the extra time taken to consider everyone’s opinion in the room. Any expenses related to the additional time needed to finish the project is the client’s responsibility in this scenario. 

• Once a client’s music is completed and delivered, it is the clients responsibility to back up their master files and request a copy of any files related to their delivered music. If a client does not request the back ups, they risk losing the files that represent and are related to their music. 

• Clients must find their own means of storage for their completed and delivered music.

  Intellectual Property and Rights:

• If the engineer did not participate in the act of making the musical composition and only performed the service of recording and mixing the client’s performance of the music, the intellectual property and rights belong to the client and associated collaborators of the music unless otherwise agreed upon in writing between rights holders and the engineer. 

• The moment the engineer steps into the roll of producer, musician, and (or) artist by contributing intellectual property in the form of lyrics, digital or analogue instrumental recording, vocal recording, the artist paying for the service must give credit by name and include the engineer in a written and signed split of publishing royalties. 

  Confidentiality and Post-Service Usage:

• The Client acknowledges and agrees that all audio recordings, lyrics, melodies, and any other creative content specifically paid for by the Client during recording sessions shall be considered confidential and proprietary until the completion of the agreed-upon services. Once the paid services are completed, the Studio shall have the right to use the recorded content for promotional and educational purposes, provided that the Client's confidential information is not disclosed. The Studio agrees to maintain strict confidentiality regarding any such paid content until the completion of services. After completion, the Studio may utilize the recorded content for promotional and educational purposes, subject to the Client's approval. This obligation of confidentiality shall survive the termination of any agreements between the Client and the Studio. The Client understands and agrees to these terms.

  Termination of Services:

Either party may terminate the services provided by the Studio upon providing written notice to the other party.

In the Event of Termination by the Client:

• If termination occurs prior to the commencement of any recording sessions, the Client shall not incur any fees or penalties.

• If termination occurs after the commencement of recording sessions but before the completion of any paid services, the Client shall be responsible for paying for the completed recording sessions at the agreed-upon rate, as well as any expenses incurred by the Studio up to the termination date.

• If termination occurs after the completion of paid services, no refunds shall be provided to the Client, and the Studio shall have the right to retain all payments made for the completed services.

In the Event of Termination by the Studio:

• If termination occurs prior to the commencement of any recording sessions, the Studio shall refund any payments made by the Client for services not rendered.

• If termination occurs after the commencement of recording sessions but before the completion of any paid services, the Studio shall refund any payments made by the Client for the remaining uncompleted services, minus any expenses already incurred by the Studio.

• If termination occurs after the completion of paid services, no refunds shall be provided to the Client.

• Both parties acknowledge and agree that termination of services shall not relieve either party of any obligations accrued prior to the termination date, including but not limited to confidentiality obligations, payment of fees, and indemnification.

  Force Majeure:

• Neither party shall be held liable or responsible to the other for any failure or delay in the performance of any obligation under this agreement if such failure or delay is due to Force Majeure.

• For the purposes of this agreement, 'Force Majeure' means any event beyond the reasonable control of the affected party, including but not limited to acts of God, natural disasters, war, terrorism, strikes, labor disputes, governmental actions, power outages, and equipment failures.

• In the event of Force Majeure, the affected party shall promptly notify the other party in writing and shall make reasonable efforts to mitigate the effects of the Force Majeure event. The performance of the affected party's obligations under this agreement shall be suspended for the duration of the Force Majeure event, and the time for performance shall be extended for a period equal to the duration of the Force Majeure event.

• If the Force Majeure event continues for a period exceeding [specify number] days, either party shall have the right to terminate this agreement upon written notice to the other party, without liability, except for obligations accrued prior to the termination date.

• The party invoking Force Majeure shall provide reasonable documentation evidencing the occurrence and impact of the Force Majeure event upon request by the other party.

• This Force Majeure clause shall not excuse the obligation of either party to make any payments due under this agreement.

  Dispute Resolution:

• Negotiation: In the event of any dispute arising out of or relating to this agreement, the parties agree to first attempt to resolve the dispute amicably through good-faith negotiation. Either party may initiate negotiations by providing written notice to the other party, setting forth the nature of the dispute.

• Mediation: If the parties are unable to resolve the dispute through negotiation within 30 days of the initiation of negotiations, the parties agree to submit the dispute to non-binding mediation. The mediation shall be conducted by a mutually agreed-upon mediator, or if the parties are unable to agree on a mediator, by a mediator appointed by a recognized mediation service. Each party shall bear its own costs of mediation, and the parties shall equally share the fees and expenses of the mediator.

• Arbitration: If the dispute is not resolved through negotiation or mediation within 60 days of the initiation of mediation, the parties agree to submit the dispute to binding arbitration. The decision of the arbitrator shall be final and binding upon the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

• Equitable Relief: Notwithstanding the foregoing, either party may seek equitable relief, including injunctive relief, to enforce the terms of this agreement without first engaging in negotiation, mediation, or arbitration.

• Governing Law: This agreement shall be governed by and construed in accordance with the laws of Albuquerque, New Mexico, without giving effect to any choice of law or conflict of law provisions.

• Jurisdiction: Any legal action or proceeding arising out of or relating to this agreement shall be brought exclusively in the courts residing in Albuquerque, New Mexico and the parties hereby consent to the jurisdiction of such courts for such purposes.

• By signing this agreement, the parties hereby acknowledge and agree to be bound by the terms of this dispute resolution clause.

  Intellectual Property Indemnification:

• The Artist agrees to indemnify and hold harmless the Recording Studio, its affiliates, and employees from and against any and all claims, liabilities, damages, losses, or expenses arising out of or in connection with any intellectual property infringement claims related to the Artist’s recordings, including but not limited to copyright, trademark, or patent infringement. The Artist acknowledges that the Recording Studio is not responsible for verifying the ownership or legality of any materials provided by the Artist for recording purposes. The Artist shall be solely responsible for obtaining any necessary licenses or permissions for the use of third-party materials in their recordings.

  Governing Law:

• This agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, United States of America, without giving effect to any choice of law or conflict of law provisions.

• Any dispute arising out of or related to this agreement shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Albuquerque, New Mexico. The parties hereby consent to the jurisdiction of such courts for such purposes and waive any objections to the exercise of jurisdiction by such courts.

• By signing this agreement, the parties acknowledge and agree that the interpretation, enforcement, and any disputes arising from this agreement shall be governed exclusively by the laws of the State of New Mexico.

  Updates to Terms of Agreement and Client Communication:

• Amendment Procedure: The Studio reserves the right to update, modify, or amend the terms of this agreement at any time. Any amendments shall be communicated to the Client in writing, either via email or postal mail. The Client's continued use of the Studio's services following the receipt of such amendments shall constitute acceptance of the updated terms.

• Notification of Changes: In the event of any updates or modifications to the terms of this agreement, the Studio shall provide the Client with written notice via email or postal at least 14 days prior to the effective date of the changes. This notice shall include a summary of the amendments and the effective date of the updated terms.

• Client Consent: The Client acknowledges and agrees that it is their responsibility to review any updates to the terms of this agreement. By continuing to use the Studio's services after receiving notice of amendments, the Client signifies their acceptance of the updated terms.

• Recording of Communications: The Client acknowledges and agrees that the Studio may record and retain records of all communications between the parties, including but not limited to emails, phone calls, and in-person meetings, for the purpose of documenting the terms of the agreement and ensuring compliance with applicable laws and regulations.

  Client Communication Preferences:

• The Client agrees to provide accurate and up-to-date contact information to the Studio and to promptly notify the Studio of any changes to their contact information. The Client may specify their communication preferences regarding updates to the terms of this agreement by notifying the Studio in writing.

  By signing this agreement or checking any box that associates itself to this agreement, the parties acknowledge and agree to the terms and conditions outlined herein, including the procedures for updating terms of the agreement and communicating with clients.