Terms and Conditions

Welcome to SoundWave Studios

These terms and conditions outline the rules and regulations for the use of SoundWave Studios' Services, located at 12 Music Row, Nashville, TN 37203. By accessing this website and engaging with our services, we assume you accept these terms and conditions in full. Do not continue to use SoundWave Studios' website or services if you do not accept all of the terms and conditions stated on this page.

Definitions

Service Agreement

All Services provided by SoundWave Studios are subject to the terms and conditions outlined in this document. A written agreement will be provided for each project, detailing the scope of work, timeline, and payment terms. This Agreement will be considered binding upon signature by both SoundWave Studios and the Client.

  1. Booking and Scheduling: All bookings are subject to availability. A deposit may be required to secure the booking. SoundWave Studios reserves the right to reschedule or cancel bookings due to unforeseen circumstances.
  2. Payment Terms: Payment for Services is due as outlined in the individual project agreement. Late payments may be subject to interest charges. SoundWave Studios reserves the right to withhold deliverables until full payment is received. We accept payments via credit card, bank transfer, and cash. Checks are not accepted.
  3. Cancellation Policy: Cancellations made less than 48 hours before the scheduled session may be subject to a cancellation fee. The cancellation fee will be determined based on the specifics of the cancelled service, and as outlined in the individual project agreement.

Client Responsibilities

The Client is responsible for providing all necessary Materials for the completion of the Services. The Client warrants that they own or have the necessary rights and licenses to use the Materials and that the use of the Materials by SoundWave Studios will not infringe upon the intellectual property rights of any third party. The client must also be present (either physically or remotely) at key stages of the process (e.g., mixing and mastering) to provide feedback and sign off on drafts. SoundWave Studios is not responsible for delays in the production or completion of a project as a result of the client not being available for feedback or sign off.

Intellectual Property Rights

Unless otherwise agreed in writing, SoundWave Studios retains all intellectual property rights in any original works created during the provision of the Services. Upon full payment, the Client will typically receive a license to use the finished product for their intended purpose. SoundWave Studios maintains the right to use portions of finished recordings for marketing or promotional purposes unless specifically prohibited by the client in a separate, written agreement.

Liability and Indemnification

SoundWave Studios is not liable for any loss, damage, or injury arising from the use of its Services, except where such loss, damage, or injury is caused by the gross negligence or willful misconduct of SoundWave Studios. The Client agrees to indemnify and hold harmless SoundWave Studios from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with the Client's use of the Services or breach of these terms and conditions.

SoundWave Studios is not responsible for the loss of or damage to client materials left on the premises for more than 30 days after the completion of the project. SoundWave Studios is not responsible for failures of third-party service providers that may impact the studio (e.g., power outages, internet outages, or equipment failures).

Confidentiality

SoundWave Studios agrees to keep all Client information and Materials confidential and will not disclose such information to any third party without the Client's prior written consent, unless required by law. Similarly, the Client agrees to respect the confidentiality of SoundWave Studios' business practices, pricing, and proprietary information. SoundWave Studios may disclose that the Client is a client of the studio for marketing purposes (e.g., listing the Client's name or project in a portfolio or client list), but will not disclose any specific information about the client's project without their explicit consent.

Termination

SoundWave Studios reserves the right to terminate the Agreement if the Client breaches these terms and conditions or fails to make timely payments. The Client may terminate the Agreement upon written notice, subject to any cancellation fees outlined in the individual project agreement.

Upon termination, the Client will be responsible for payment for all Services rendered up to the date of termination. Any unused portion of prepaid fees may be refunded, subject to the terms of the project agreement and our cancellation policy.

Amendments

SoundWave Studios reserves the right to amend these terms and conditions at any time. Any changes will be posted on this website, and it is the Client's responsibility to review these terms and conditions periodically. Continued use of SoundWave Studios' Services after any such changes constitutes acceptance of the new terms and conditions.

Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these terms and conditions shall be brought exclusively in the state or federal courts located in Nashville, Tennessee.

Contact Information

If you have any questions about these terms and conditions, please contact us at:

Arbitration Clause

Any dispute arising under or related to this Agreement will be resolved through binding arbitration in Nashville, Tennessee, in accordance with the rules of the American Arbitration Association. The arbitrator's decision will be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party will bear its own costs of arbitration, including attorney's fees, but the parties will share equally the fees and expenses of the arbitrator.

Severability

If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. This ensures that the core principles of the agreement remain intact even if a specific clause is deemed unenforceable.

Force Majeure

SoundWave Studios shall not be liable for any failure to perform its obligations under this Agreement if such failure is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, strikes, natural disasters, or governmental regulations. In such cases, SoundWave Studios will make commercially reasonable efforts to resume performance as soon as reasonably practicable.

Waiver

No waiver of any provision of these terms and conditions shall be effective unless in writing and signed by both SoundWave Studios and the Client. Any waiver of a particular breach or default shall not constitute a waiver of any subsequent breach or default.