AUDIO PRODUCTION SERVICES AGREEMENT
Terms and Conditions
Published: Feb 21, 2023 (CURRENT)
THIS AUDIO PRODUCTION SERVICES AGREEMENT ("Contract") between DIGITAL HARMONY PRODUCTIONS (hereafter “DHP”, “Digital Harmony”, "dhplive.com", “Contractor”, or “Company”) and the Customer (hereafter referred to as “CLIENT” or “CUSTOMER”) is made and effective upon CLIENT signing a printed copy of this agreement, acceptance via email referencing the agreement, by placing an order that includes a link to this agreement or on initial or full payment of an invoice that includes a link to this agreement. CLIENT agrees to be bound by these terms and conditions, whether or not CLIENT has read them. DHP may at its sole discretion modify these terms and conditions at any time and any modifications shall apply immediately upon the posting of these modifications to this website, unless otherwise agreed upon in writing with the CLIENT. Previous versions of this agreement are available for review at the bottom of this page.
1. Scope of Work:
DHP will perform audio production (audio recording and/or post-production) services and provide deliverables (hereafter referred to as “SERVICES” or “the SERVICES”) to the client CLIENT as described in the contract or invoice (hereafter referred to as 'CONTRACT') that references this agreement. Services and deliverables may occur at a specific event and time (hereafter referred to as “EVENT” or “the EVENT”), and place (hereafter referred to as “VENUE” or “the VENUE”) where described in the CONTRACT. DHP has no obligation to provide or deliver any services or deliverables not included in the CONTRACT.
In consideration for the services and deliverables provided by DHP, CLIENT agrees to pay the sum described in the CONTRACT. The CONTRACT may require an initial payment in order to reserve the crew’s time. This initial payment is not a retainer or deposit. On completion of initial payment, DHP agrees to not advertise availability of this same time slot as described in the CONTRACT, to any other potential clients. Cancellations can be made up to 21 days prior to the SERVICE start date for a full refund of the initial payment. After this, the initial payment is not refundable. The balance of the payment for services and deliverables must be paid prior to start of the SERVICE detailed in Section 1: Scope of Work unless otherwise noted in the CONTRACT or INVOICE. All payments must be made by Check payable to "Digital Harmony Productions" or by Credit Card.
3.1 DHP and CLIENT agree that while DHP will make every attempt to meet specific requests as part of the SERVICE, DHP is under no obligation to address any such requests during the execution of SERVICES.
3.2 If DHP is unable to perform the SERVICES in this contract due to any cause outside its control, client agrees to indemnify DHP for any loss damage or liability
3.3 CLIENT agrees to indemnify and hold harmless DHP for any liability, damage, or loss related to technological failure.
3.4 CLIENT understands and agrees that DHP has the right to interrupt the performance of duties in the event of inclement weather or any other conditions which DHP or CLIENT regard as hazardous to any person or persons. Any such interruption, postponement or cancellation of SERVICES shall not affect DHP’s fees specified in section 2.
3.5 CLIENT agrees to hold DHP harmless for any personal injury which may occur as the CLIENT works with DHP.
3.6 DHP will strive to present services and deliverables in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
3.7 CLIENT understands that unless otherwise specified in the CONTRACT, CLIENT will provide authorized music, stock footage or pictures, and DHP will in no way be liable for illegal procurement and/or use of such music, footage or pictures. It is the CLIENT's responsibility to obtain such permissions and authorizations.
3.8 CLIENT understands that unless otherwise specified in the CONTRACT, DHP will use available acoustics in the VENUE and will not provide sound proofing or similar acoustic treatment. DHP is not responsible for quality of acoustics provided by CLIENT or VENUE.
3.9 Where applicable, CLIENT understands that unless otherwise specified the CONTRACT, DHP will use available audio feeds and ambient microphones to capture audio in the VENUE where required. CLIENT understands that this is not the same as, and is not a replacement for, dedicated multi-track recording and associated post production. CLIENT understands that unless otherwise specified in the CONTRACT, DHP is not responsible for the quality of audio in the VENUE or the quality of audio feeds provided by 3rd parties.
4. Duty of Client
4.1 CLIENT will obtain all permissions necessary for DHP to provide services and deliverables detailed in Section 1: Scope of Work, at the EVENT and/or VENUE. DHP has no duty to obtain permission of reception centers, religious institutions, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to DHP, or which prevent DHP from performing SERVICES is not the fault, liability, or responsibility of DHP.
4.2 CLIENT will ensure adequate parking immediately adjacent to the staging area for the loading and unloading of equipment and parking/vehicle access permits to DHP and its designated vehicles. Parking shall be reserved in advance for any vehicle DHP may need in the performance of duties during the term of this Agreement.
4.3 CLIENT shall provide adequate security to protect the DHP’s equipment and crew during the term of this Agreement.
4.4 CLIENT shall provide the electrical power and circuits necessary for DHP to perform this service.
5. Exclusive Creative Service Provider
CLIENT agrees and understands that no other party other than DHP may operate any equipment, or setups made by DHP for services detailed in Section 1: Scope of Work, without express consent of DHP. This slows down the creative crew’s work and violates the DHP’s right and ability to provide these services at the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of DHP.
6. Copyright, Ownership and Right To Use
CLIENT agrees and understands unless otherwise specified in the CONTRACT, that DHP owns the copyright and retains ownership of all deliverables whether preliminary or final, provided to CLIENT by DHP under this CONTRACT. CLIENT retains unlimited right to use of delivered assets. If transfer of copyright and ownership of all rights is desired, or if CLIENT wishes the ownership of the rights to specific deliverables, these may be purchased for an additional fee, to be determined by DHP upon request.
7. Model & Property Release
CLIENT grants permission to DHP and its assigns, licensees, and sub-licensees, permission to use CLIENT’S, patrons’, employees’ or attendees image or likeness, or the property or venue, in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. DHP may use CLIENT’S likeness and image on DHP’s website or other advertising. DHP may sell photos or video containing CLIENT’S likeness to third parties.
8. Assignability and Parties of Interest:
CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific crew member. DHP may sub-contract or assign this contract to any vendor, and DHP may assign any crew member(s) associated with the COMPANY to perform its duties under this contract. All crew members and vendors must be capable and competent to perform the services in a workman like manner.
9. Equipment: DHP reserves the right to replace any equipment listed in the CONTRACT, with comparable equipment, at any time without prior notice to the CLIENT.
10. Governing Law: This Contract shall be construed and enforced according to laws of the State of California.
None (this replaces our previous standalone, contract based audio services)