Please take a moment to read through and understand our studio policies.
- – Studio Policies
- – Turn Around Time
- – Term
- – Compensation
- – Continued service
- – Ownership
- – Credits
- – Attorneys’ Fees and Costs
- – Choice of Law and Venue
- – Entire Agreement and Amendment
Artist acknowledges that they have read a copy of Studio DMI’s current policies (“Studio Policies”). The Policies shall hereby be incorporated by reference as part of the Mixing/Mastering Agreement. A copy of the policies may be provided on request if artist does not have access to the web site.
Scheduled completion date for the final mix/mastered product hereunder will be determined upon receipt of all necessary files and/or information from Artist in order to complete the mix/mastered product. Studio DMI shall communicate to Artist the requirements for all information and file formats necessary for Studio DMI to complete its services hereunder, and creative consultations will be schedule as needed. Scheduling will be made after an account has been created, payment has been made, and receiving all correct files. Any notes regarding changes requested by Artist need to be submitted to Studio DMI within 72 hours of Artist receiving the proposed final mix/master product (“Review Period”). Any changes requested after the 72 hour review period will be subject to a Recall fee. All changes will be addressed within 7 days of receipt of notes. Any changes requested after Review Period may be subject to additional charges at the hourly rate of $200 USD (charged in one hour increments or any portion there of). In the circumstances of needing service within 3 days (priority period), EUMM reserves the right to apply a $300 priority fee.
The term of this Agreement will be perpetual.
Payments shall be made as indicated in invoices provided by Studio DMI and priced as outlined in the Studio DMI pricelist which is updated periodically. Studio DMI will provide an invoice indicating all services rendered for payment and payment in full must be received prior to Studio DMI commencing any services for Artist hereunder, and in the event that Artist incurs additional charges in the normal course of the services, full payment must be received from Artist prior to Studio DMI’s release of the final mix/mastered product to Artist. Any delay in payment beyond 30 days will be subject to a $150 collection fee. Any outstanding payment past due will be subject to 5% per month interest compounded. Fees that will be applied to the initial services will be as listed in Appendix A. Future services will be compensated as outlined in confirmation e-mails and invoice submitted:
After the initial account has been established and agreements confirmed Artist will receive e-mail confirmations for any and all additional services. E-mail will specify work to be completed, engineer assigned to the project, fees applied and title of song(s). Artist must respond to e-mail with “confirmed” indicated in the subject line or in the body of the e-mail. Content in the return e-mail that clearly specifies the artist is in agreement with services and price will be accepted in place of the word “confirmed”.
Notwithstanding anything to the contrary in the Studio Policies or in this Agreement, European Music Market Inc. d/b/a Studio DMI on behalf of itself and its officers, directors, employees, agents, and affiliates or affiliated entities (collectively “Studio DMI”), agrees that all sound recordings and other creative works prepared by Studio DMI in furtherance of the services hereunder, shall be deemed “Work for Hire” unless indicated differently in Appendix A and/or on confirmation e-mails for future projects.
Studio DMI will publish the following credits with each recording mix/mastered for Artist: “Mixed and Mastered by Luca Pretolesi at Studio DMI Las Vegas, NV.”, “Mixed and Mastered by Scott Banks at Studio DMI Las Vegas, NV.”, “Mixed and Mastered by Joey Albanesi at Studio DMI Las Vegas, NV.”. This paragraph shall survive termination or expiration of this Agreement.
In the event the Parties engage in any litigation arising from this Agreement, the prevailing party as determined by a trier-of-fact, shall receive its reasonable attorneys’ fees and costs from the non-prevailing party.
The Parties hereby unconditionally consent to the jurisdiction of Clark County Nevada to litigate any disputes that may arise under this Agreement or from their business relationship. Nevada law shall apply to any litigation by and between the Parties hereto without any regard for choice of law statutes to the contrary.
This Agreement, including any related invoice(s) and the Studio Policies, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes any prior oral or written discussions, agreements, or negotiations. This Agreement may only be amended or modified by a writing executed by both parties. In the event of a conflict between any term or condition stated on an invoice or in the Studio Policies and this Agreement, this Agreement shall prevail.