TERMS OF SERVICE
STRICKER STUDIOS recording studio, music and video production, Ulf Stricker, Telleringstrasse 9c, 40721 Hilden, phone +4921033962613 , www.stricker-studios.de
Unless otherwise agreed in writing, the general terms and conditions apply to all contractual relationships between STRICKER STUDIOS Tonstudio, hereinafter referred to as ST.ST. and your contractual partner, hereinafter referred to as customer, of the services of ST.ST. how rooms, equipment, facilities and / or personnel services are used. The customer has to indicate in good time who may check and sign the work report in a legally binding manner. If these names are not given, ST.ST. will assume the respective signature as recognized by the customer. Conflicting terms and conditions of the customer are not valid for the contractual relationship.
Dates and use of studio rooms and devices
ST.ST. leaves the agreed equipment and studio rooms with the usual ancillary rooms for sound recordings of any kind to the customer for the specified duration. The rooms may only be used in accordance with their intended purpose. The customer is obliged to meet the deadlines for the start and end of production. There is no entitlement to surrender of the equipment and studio rooms if the deadline is missed. If staff is booked by name, ST.ST. maintains the right to change after consultation with the customer. In the event that the customer does not cancel the agreed dates at least 7 days before the start of production, the full invoice will be due according to the prices agreed in the order confirmation. ST.ST. only needs to be credited for the saved expenses and whatever income ST.ST. Created through any other use of their studios. ST.ST. retains domiciliary rights in all rooms and can have the rooms given to the customer entered by the persons commissioned by ST.ST. at any time. The customer must observe the existing work and operating regulations as well as official orders and regulations. The customer must ensure that the contractual obligations are observed by all third parties working for him, as well as any visitors. Special recordings, such as explosion and water recordings, require the prior consent of ST.ST. In addition, the use of all materials and aids, which could damage or contaminate the studios or endanger people, is prohibited without special consent. All visitors must be registered with the ST.ST. staff or the operations office. Visitors who are not directly involved in the studio recordings are not permitted to visit the studio rooms. Bringing animals into the studio is not permitted. Exceptions can only be approved by the operations office.
Liability of the customer
The customer is liable for any damage to property or personal injury that occurs in connection with the persons or visitors involved in the production. ST.ST. is released by the customer from liability for all damage to visitors or to persons involved in production in the operating rooms. The customer is obliged to properly acquire all copyrights, ancillary copyright or other rights required for the production, transfer or processing of image and / or sound recordings at his own expense and guarantees that he has these rights at the start of production.
Liability of ST.ST.
ST.ST. is only liable for intent and gross negligence on the part of its staff. The customer takes over the studio and the operating facilities in the state in which they are. The customer will not be charged for downtimes caused by malfunctions in the equipment at the beginning or during production, but ST.ST is not liable for any other damage or costs incurred as a result. In case of a delayed performance by ST.ST., ST.ST. Is not liable for indirect damage (consequential damage). For items brought and / or left behind by customers, such as CDs / tapes, instruments, clothing etc., ST.ST. takes over no liability. If sound recordings that were not made by ST.ST. are copied and processed on ST.ST.'s equipment, ST.ST. only obligation is to carry out the replay and editing professionally. ST.ST. refuses to accept any further liability for whatever legal reason. Should ST.ST. are used by third parties, the customer must ST.ST. to be released without restriction.
Materials are to be quired exclusively from ST.ST. In case ST.ST. does not have the required material in stock or cannot procure it on time, the customer is entitled to procure the material himself.
If a demo production is used in the same way as a normal production, there is a recalculation i.e. the normal prices valid at the time of the demo production, minus demo prices already calculated. The customer is obliged to notify such use immediately; if he fails to do so, a recalculation can be made without deducting the demo costs.
Acceptance and invoicing
For all services, the customer or his representative is presented with a production report for approval. With his signature, he recognizes the correctness of the registered working hours and materials used, as well as the contractual technical quality of the recordings. It represents the acceptance. If, at the request of the customer, items are dispatched or brought to a location other than the place of production, then everything is always done at the customer's expense and risk. The prices agreed in the order confirmation become part of the contract. All prices agreed in the order confirmation include personnel (one person). Additional staff at the request of the customer will be charged separately. Construction and dismantling as well as arrival and return will be charged. Production interruptions as well as delayed start of production not caused by ST.ST. will be charged in full. Commenced hours are rounded up to 30 minutes.
Terms of payment
The invoice amounts are due for payment immediately without deduction, unless otherwise agreed in an individual contract. ST.ST. is entitled to request an appropriate advance payment. All payments are to be made in ST.ST.'s office or transferred to the agreed bank accounts. The right to offset against undisputed or legally established claims by the customer is expressly excluded. A right of retention is also excluded if the counterclaim does not arise from the same contractual relationships. In the event of default in payment, the customer has to pay interest on the amount owed at 5% above the respective discount rate of the Deutsche Bundesbank from the due date. ST.ST. remains the right to claim further damage caused by default. If the customer is in default with the agreed payment in whole or in part, ST.ST. entitled to withdraw from the contract and / or to demand compensation for non-performance by setting a reasonable grace period with the threat of refusal.
Retention of title
All deliveries and services are subject to retention of title. The image and / or sound recordings made available remain the property of ST.ST. until the invoice amounts have been paid in full, as well as until all other claims that have arisen towards the customer, or have arisen out of the existing business relationship. The customer transfers his claims of any kind of exploitation of the recordings (sale, license, etc.) to ST.ST. in the amount corresponding to the value of the reserved property. The customer assigns all copyrights, ancillary copyrights and other rights to the same extent, without restriction and for all countries, both to the recorded production and to the processing carried out for them as well as to the tape itself, insofar as these rights are transferable and are due today or will be due in the future.
Transfer of contract
Without the written consent of ST.ST. the customer is not entitled to transfer the rights and / or obligations from this contract in whole or in part to third parties. In case of ST.ST.'s consent the customer and the third party are jointly and severally liable.
All changes to this contract must be made in writing.
Place of jurisdiction and place of performance
As far as legally permissible, the place of jurisdiction and place of performance including the judicial dunning procedure is Langenfeld.
The ineffectiveness of individual regulations does not result in the ineffectiveness of the general terms and conditions. The statutory regulations take the place of the individual ineffective regulations.