The Client accepts that they own all correct rights and licences to copy, reproduce, replicate, duplicate and manufacture all audio and materials supplied to Declared Sound to work on. Declared Sound accepts no responsibility for any costs incurred where this is not the case.
The Client warrants that nothing whatever shall be included in the Recording (or any software introduced by the Client) which constitutes a breach or infringement of any copyright or which shall be in any way illegal, scandalous, obscene or libellous and the Client will indemnify Declared Sound against any liability in respect thereof and shall pay all costs and expenses which may be incurred by Declared Sound in reference to any such claim. The indemnity shall extend to any amount paid on a lawyer’s advice in respect of any such claim.
Declared Sound shall not be required to reproduce any matter which in its opinion is or may be of an illegal, scandalous, obscene or libellous nature. This includes, but is not limited to sexism, racism, homophobia, transphobia, ableism, xenophobia, classism, etc.
Once the client has reviewed the first draft work that has been performed, Declared Sound will provide one set of amendments (to the initial existing material provided by the Client) free of charge. Subsequent amendments may incur additional charges.
Where a new mix is supplied by the client, to replace a mix that has already been mastered, Declared Sound reserves the right to view this as a new job and to charge for additional work accordingly.
All additional work requested after approval has been given will be viewed as a new job and may be charged accordingly.
The Price Per Track for mastering covers a single Song, Track or Recording up to 15 minutes in duration. Where the duration exceeds this, Declared Sound reserves the right to increase the Price Per Track by anything up to double the advertised rate.
It is the Client’s responsibility to check all work provided by Declared Sound, and to approve prior to manufacture, replication, duplication or distribution. Should the client choose not to request the appropriate product such as a test-press in order to carry out reasonable quality control checks, Declared Sound does not accept any responsibility for defects in the finished product.
The Client accepts all responsibility for approving audio and metadata content of all masters supplied by Declared Sound, prior to manufacture, replication, duplication or distribution.
Declared Sound will accept no responsibility for goods or materials damaged in transit where the Client has arranged their own courier collection / delivery. Where Declared Sound has been requested to arrange courier collection / delivery, any liability, or recompense shall lay with the courier company.
The Client accepts responsibility for the safe storage and archiving of all master and source materials once a project has been approved and masters have been delivered. Declared Sound does not provide an archival service. However, on request Declared Sound will carry out a search of the servers for which a fee may be payable.
Declared Sound can take no responsibility for the resupply of audio to any third parties (such as CD manufacturing facilities or digital aggregators) after the work has been finished, approved and final masters have been delivered to the client. Whilst every effort will be made to ensure that no mistakes occur whenever audio is resupplied, the responsibility remains with the client to ensure that the correct material has reached the correct destination.
It is a condition of this Agreement that all Client’s Recordings shall have been copied by the Client before delivery to Declared Sound, and that Declared Sound’s liability for loss of or damage to a Client’s Recording shall be limited to the value of the media on which it is recorded.
Bookings cancelled with less than 24 hours’ notice may result in the Client being charged the full rate for the session.
The Client shall procure that neither the Client nor any of the Client’s Personnel shall be held out as an agent of or pledge the credit of Declared Sound. The Client agrees to state appropriate credit to Declared Sound (for example, ‘Mastered by Dominic Clare at Declared Sound’ or ‘Mastered by Declared Sound’) where possible; this includes but is not limited to credit on physical copies of artwork in liner notes, Bandcamp release pages, information text on Youtube videos, etc.
No variation or amendment to this Agreement shall be effective unless made in writing and signed by the parties hereto.
In the event that any part of this Agreement shall be held to be void, voidable or otherwise unenforceable by a court of competent jurisdiction then the balance thereof shall remain in full force and effect.
This agreement shall be construed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts.