Terms and Conditions - End User Service Agreement

This Service Agreement ("Agreement") is entered into by and between Suite Recording ("The Company" or "The Provider"), located at 204 Ark Road, Suite 210-F, Mt. Laurel, New Jersey, and the individual or entity who pays for or otherwise agrees to these Terms and Conditions in a digital webform submission ("The User", "The End User", or "The Client"). Together, the Company and The User will hereby collected be referred to as the "Parties."

By checking this box and submitting this form, you The User agrees to the following terms and conditions:

1. Scope of Services: The Company agrees to provide podcast production services (“Services”) as detailed in this Agreement, or those agreed-upon in writing by The Parties in electronic correspondence between the Authorized Email Addresses. The User agrees to receive and pay for the Services according to these terms, or those agreed-upon in writing by The Parties in electronic correspondence between the Authorized Email Addresses

2. Content Ownership: The User retains all rights and ownership of the content produced during the Services (“Content”). The Company makes no claim to ownership of the Content.

3. Liability Release: The User releases The Company from any liability related to the Services or the Content. The User agrees to indemnify and hold harmless The Company from any claims, damages, or legal proceedings related to the Services or the Content. This Liability Release stands in perpetuity for content created, produced, or distributed in any capacity before, during, or after the terms of this Agreement.

4. Acceptance of Terms: By submitting this form, The User acknowledges they have read, understood, and agreed to these Terms and Conditions. The Agreement is effective upon successful submission of this digital form by The User.

5. Perpetual Agreement: Unless otherwise indicated herein, The User agrees to these Terms & Conditions for perpetuity for all time including before, during, and after they conduct any business with The Company.

DEFINITIONS

Agreement - The binding contract between The Parties off of which The Parties work together in the context of The Company's Services. This Agreement can include this Digital Form on which the Agreement is written; any identical copies created based off of the original document; or any addendums, revisions, or additional exhibits added to the Agreement which are signed and agreed-upon by The Parties.

Authorized Email Addresses - On the part of The Company, Authorized Email Addresses exclusively include joe@suiterecording.com or hello@suiterecording.com. On behalf of The User, Authorized Email Addresses are those which The User shared as part of the required questions in this digital form. On The User’s end, verified email addresses are those that are listed on this submitted Digital Form, or those which are granted access to The User’s Shared Production Folder.

Bookings - Studio Recording Sessions which are officially booked by The User through the Booking Link. Studio recording sessions that are officially booked through the Booking Link. Standard Bookings are to be booked exclusively through the Booking Link, are subject to studio availability, and must follow the procedures and Terms outlined in the Agreement.

Booking Link - The webpage that directs the Client to the online destination where all Standard Bookings are to be made. This booking page will also contain a complete and exhaustive list of the Scope of Work to be delivered by The Company on a per-booking basis.

Business Hours - Refers to Suite Recording's operating hours of Monday through Friday, from 9am to 5pm Eastern Standard Time. Excluding federal holidays.

Cancellation - Refers to a cancellation of a Recording Session or any other aspect of The Services relating to a meeting between The Parties. No-call, no-shows are also considered cancellations.

Cancellation Fee - A fee triggered upon late session termination by The Client. A cancellation is considered late if it is cancelled within 24 hours of the scheduled session start time. No-call, no-shows are also considered cancellations and are subject to a cancellation fee.

Digital Form - The digital form on which this text is written; The User's contact information is written; the podcast information is written; and these Terms and Conditions are written, and that information which The User signs and agrees to upon successful submission.

Duration - The length of time that the Service-related and working-relationship-related aspects of this Agreement are active.

Effective Date - The date at which the Services and the Duration of the Agreement officially begins. Generally, this is the date (or next business day) that the full payment notice is received by The Company on the first payment sent as part of the Agreement.

Final Podcast Episode - The fully produced, final version of a Podcast Episode which has been recorded, produced by The Company as part of the Agreement. Also includes Podcast Episodes which have previously been revised.

Invoice - An electronic, itemized request for payment sent from The Company to The User.

Length of Episode - The duration of the raw recording for the Podcast Episode, respective to the specified Recording Session.

Late Arrival - Refers to the time of arrival for the participants in a Studio Recording.

Podcast Episode - The single, raw piece of audio and/or visual content which is recorded during a studio recording session.

Podcast Episode Approval - A period of seventy-two (72) hours following the delivery of the Podcast Episode in which The Client may request revisions according to the Terms. If approval is not expressly granted, or revisions are not requested, the Podcast Episode will be considered approved.

Podcasting Platforms - Platforms where the Podcast Episodes will be published - including, but not limited to, YouTube, Spotify, and Apple Podcasts.

Production By the Company - The phase in which a piece of The Content has been ingested, edited, processed, or otherwise touched by The Company for the purpose of post-production and materialization of the Scope of Work outlined in this Agreement.

Production Schedule - Refers to the timeframe required by The Company in order for them to render the Services outlined in the Scope of Work. Generally speaking, and unless otherwise indicated in writing or in an addendum to this Agreement, this timeframe is at least thirty (30) days from the time of the Recording Session for a specific Podcast Episode, to the time of Podcast Episode Publication By The Company.

Publication by The Company - Refers to the responsibilities held by The Company with regards to publishing the Podcast Episodes to the Podcasting Platforms. For the purpose of clarity, The Company is not responsible for publishing the Social Media Assets or any other aspect of The Content.

Recording Session - An instance of The Content - insofar as is mentioned in this Agreement - being recorded by The Company and on behalf of, and including, The Client.

Remote Production - Refers to remote audio/visual editing or other post-production processes executed by The Company. Remote production may be a part of the Scope of Work during a Booking, or it may be a line item on an invoice sent by The Company.

Rescheduling - Refers to a request for a rescheduling of a Recording Session or any other aspect of The Services relating to an agreed-upon meeting between The Parties.

Revised Podcast Episode - A revised version of a Podcast Episode after revisions have been requested by The Client and executed by The Company.

Revisions - Requested edits pertaining to the Podcast Episodes which have undergone Production by The Company and have been delivered to The Client. Revisions are only available for the Podcast Episodes - specifically, the audio, video, and copywriting portions of the Podcast Episode. Revisions are not available for Social Media Assets. Revisions are to be requested via electronic mail within 96 hours of delivery by The Company. More terms related to Revisions can be found in the Terms.

Scope of Work - The exhaustive list of deliverables that will be delivered by The Company on a per-episode basis. For the purpose of clarity, an exhaustive list of Scope of Work to be delivered to The User is featured on their Booking Link webpage which The User will use to book their sessions.

Session Details - The details surrounding a Studio Recording Session, including, but not limited to: the date and time of the Studio Recording Session; the number of guests participating in the recording; any other specific requests pertaining to the recording or the post-production of the Content. In all cases, these details shall be conveyed to The Company through successful submission of a Booking request through the Booking Link.

Shared Production Folder - A digital location with shared, mutual access by The Parties which will house information related to The Content, including - but not limited to - technical information, resources for The Client, and the Publication Schedule for the Podcast Episodes.

Show Notes - Refers to the title and description of the Podcast Episode that will be visible upon scheduling and eventual publication to the Podcasting Platforms. Also includes the dynamic footer that will be attached to the show notes on the Podcasting Platforms. Show Notes are subject to the same rules, terms, and conditions of Revisions as stated under the definition of Revisions of this Agreement, and within the Additional Terms section of this Agreement.

Social Media Assets - The collection of supplemental assets that will be produced and delivered by The Company to The Client. These assets are not subject to Revision per the terms of this Agreement, and they intended for The User's internal usage on social media platforms.

Setup Fee - The standard setup fee which is generally required at the beginning of a working relationship between The Company and The Client. The setup process allows The Company to facilitate the setup of The Clients’ channels for distribution of the Podcast Episodes; building templates out of The Clients’ branding material; and other required or desired processes for the work to be completed.

Studio Guest/s - Any guests who accompany The User to the Studio Location during a booked Studio Recording Session.

Studio Location - The operating location of The Company. The current address is 204 Ark Road, Suite 210-F, Mt Laurel, NJ, 08054.

Studio Recording Session - An instance of The Content - insofar as is mentioned in this Agreement - being recorded by The Company and on behalf of, and including, The Client. Particularly pertains to material which is recorded within the confines of the Studio Location.

The Company - This is defined within the header of this Agreement. For all intents and purposes, The Company refers to Suite Recording, which is a DBA designation of Sonify Studios LLC.

The Content - The entire collection of works belonging to The Client - with respect to any and all instances of recording, production, or publication which have occurred or will occur before, during, and after the Duration of this Agreement.

The Client - For all intents and purposes, the individual referred to as The Client within this Agreement is specified in the section entitled “The Client” or "The User". Also includes the contact information listed therein.

The Parties - Refers to both The Company and The Client, in the case of them being referenced collectively within this Agreement.

The Services - Relates to the Scope of Work to be provided by The Company, as per the Terms and Conditions described in this Agreement.

ADDITIONAL TERMS & CONDITIONS

1. This Agreement takes effect once this Digital Form is submitted by The User and received by The Company.

2. With the notable exception of The Company's Liability Release pertaining to any and all Content created by The User for all time before, during, or after the terms of this Agreement, this Agreement remains valid until it is terminated as per any termination clause indicated herein, or if and when the Duration expires - whichever occurs first.

3. The User's retains full rights to their collection of works produced directly and indirectly through The Company's Service. This includes works before, during, and after the terms of this Agreement; and any and all material either left raw or in the process of production; and any media published or unpublished.

4. The User is responsible for planning the subject matter for The Content, scheduling with guests, booking through the procedures and parameters outlined in this Agreement, serving as host or co-host for the recording of The Content, and following the Studio Best Practices to the best of their ability.

5. The Company agrees to facilitate the Studio Recording Sessions according to the Booking procedures and parameters established in this Agreement, and to produce the raw, recorded materials into finished assets according to the exhaustive list of deliverables mentioned on the Booking Link webpage which The User will use to book their sessions.

6. Each booking - any successful execution of the Booking Link - is considered its own Studio Recording Session.

7. Both Parties agree to promptly notify each other of any changes or disruptions to scheduled events.

8. The Company will assist with the recording and post-production of The User’s Podcast Episodes - related video and audio content - and supplemental deliverables - according to the exhaustive list of deliverables listed on The User’s Booking Link webpage at the time of booking.

9. The User is responsible for any of the Studio Guests that they bring into the Studio in the process of their Studio Recording Sessions.

10. The Parties will use a Shared Production Folder to share assets - including the raw always refer to the Shared Production Folder for reference to the Publication Schedule for all Podcast Episodes which are intended for recording as part of this Agreement.

11. Raw Recorded Footage is to be made available by The Company, to The User, for a period of thirty (30) days from the time shown on the digital read receipt of electronic digital delivery. After this time, the Raw Recorded Footage will be deleted by The Company. The Client is responsible for downloading and backing up their Raw Recorded Footage as well as edited materials.

12. The User is responsible for checking in with their guests ahead of scheduled sessions, preparing their guests, and ensuring that their guests - live or virtual - follow the Studio Best Practices.

13. Cancellations for Studio Recording Sessions made with less than 24 hours notice will not be refunded.

14. Rescheduling requests for Studio Recording Sessions made with less than 48 hours notice will incur a rescheduling fee, payable upon receipt and due before the Recording Session can commence.

15. Late Arrivals by The User or their Studio Guests will not add time to the back-end of the session.

16. Late Arrivals beyond the Session Start Time with no prior contact will be considered a no-call no-show.

17. No-call, no-shows by The User will be considered a session Cancellation and will be subject to a Cancellation Fee. Full payment on the Cancellation Fee will be due before any future Recording Sessions can be booked. The initial payment will not be refunded.

18. Three instances of a no-call, no-show by The User will result in a termination of this Agreement by The User.

19. The User may record with up to a total of four speakers per Podcast Episode.

20. There is no food or drink allowed in the Recording Room.

21. Information for each Studio Recording Session is to be delivered during the Booking process. The User is to notify The Company of any changes to the Session Details - particularly the number of Studio Guests who will be present - at least 48 hours before the Studio Recording Session start time. Failure to provide this information in time will incur a $75 fee payable before the studio session.

22. Correspondence by The Parties is to made exclusively between The Parties through their Authorized Email Addresses, or via telephone or SMS.

23. All Bookings are to be made exclusively through the Booking Link. Booking times submitted by email, text message, or voice will not be considered official.

24. Occasionally, The Company will need to generate a Manual Booking on behalf of The User. These Bookings will be generated through a digital calendar application, with the Session Details included therein, as well as the Studio Location. An electronic invitation will be sent to at least one of The User’s verified email addresses. Failure to officially “accept” this calendar invite will be considered an incomplete Booking.

25. In the case of a Late Cancellation, Manual Booking, or a Rescheduling, The Company will send The User an invoice to their Primary Email Address. These invoices are due on receipt, and usage of the Booking Link will be paused until this invoice is paid in full.

26. Any changes to deliverables, scheduling, or recording procedures requested by The Client that deviate from this Agreement must be agreed upon in writing by The Parties in writing, and are to be reflected on the Booking Page before they are to be considered official.

27. Revisions are to be requested via electronic mail within 96 hours of delivery by The Company. Revisions are not available for Social Media Assets.

28. The Company requires 60 days notice to facilitate any agreed-upon changes to the Scope of Work, or to aspects of Production By The Company.

29. The Company requires 30 days from recording to publication of content. The Company does not expedite delivery of the work upon request. Please plan your recordings accordingly.

30. Studio Recording Sessions are not to exceed the agreed-upon time duration denoted on the Booking Form webpage.

PAYMENT TERMS

In the case of this Agreement being the initial contract which serves to mark the beginning of the working relationship between the Parties, and a Setup Fee is required, the first Invoice for the Setup Fee will be in sent by The Company and to The Client in an amount equal to the Setup Fee required to initiate the Services. This invoice is due within 30 days, and no bookings can be made until it is paid and the Setup process is complete - dependent upon the sole discretion of The Company.

Once the Setup Fee is complete, or if no Setup Fee was necessary, all Recording Sessions will be paid for at the time of booking. In the case of a Manual Booking, The Company will send an invoice to The User which is due at least 24 hours before the session start time. No Recording Sessions will take place without payment being collected at least 24 hours before the session.

If Remote Production is part of the Scope of Work, The Company will invoice The User for the work as it is completed. Late or unpaid invoices will result in a pause in the work, and a deactivation of the Booking Page.

TERMINATION AGREEMENT
If The User wishes to cancel This Agreement, it can do so at any time and for any reason with written notice to The Company. If The User has already paid for services, recorded a Studio Recording Session, and the Services as it pertains to Production By The Company have yet to be rendered, The Company will deliver the recorded material to The Client "as-is." Additionally, if The User does not book and record a session for 120 days, this Agreement will be considered terminated. Unless otherwise agreed to in writing by both Parties, no refunds will be issued. Termination of this Agreement does not negate the indemnification and hold-harmless agreement protecting The Company as it pertains to The Content belonging to The Client. This indemnification and hold-harmless agreement remains in tact for perpetuity even if this Agreement is terminated by either Party, and thus after the working relationship of The Parties has ended.

If The Company wishes to cancel This Agreement, it can do so at any time and for any reason with written notice to The User. If, at the time of termination, The Client has already paid for services, recorded a Studio Recording Session, and the Services as it pertains to Production By The Company have yet to be rendered, The Company will deliver the recorded material to The User "as-is." Termination of this Agreement does not negate the indemnification and hold-harmless agreement protecting The Company as it pertains to The Content recorded by The Client. This indemnification and hold-harmless agreement remains in tact for perpetuity even after the working relationship of The Parties has ended.