ES Audio Services - Media Waiver and Release

Throughout the session, ES Audio Services staff may be taking photographs, video and

other recorded media of you for documentation purposes. This documentation is for the

ES Audio Services staff to reflect on activities in the studio, as well as an opportunity to

share with you your experience at the studio. This documentation may also be used by

ES Audio Services. for educational or promotional purposes.

By signing below you agree to:

I consent to being photographed, interviewed and/or videotaped by representatives of

ES Audio Services. Any information, images, and/or media obtained from those

activities may be reproduced by ES Audio Services for use in advertising, publicity or

educational activities, including but not limited to websites, publications, videos, print

and television news. I hereby waive any claims I may have, and release ES Audio

Services and its representatives from liability of claims arising out of such activities.

ES Audio Services - TERMS AND CONDITIONS

DBA: Opencall Productions Recording Studio Services Agreement

This agreement made this day _________ of ______ between known parties (ES Studio

Services)__________________ and _________________________. Whereas, studio engaged

in the business of recording studio services in addition to,

The artist-client wish to enter into an agreement with Studio for the services associated with a

recording studio. The studio is willing and able to undertake the performance of such services

and in consideration of the mutual covenant’s herein. The parties here by agree to the follow

terms and conditions.

1.0 Term:

The studio agrees to provide the recording studios services to the Artist-client commencing on

this date of _______________ and the services will expire _________ months after. Any

change in date and usage terms, must be agreed upon with an added amendment and signed

by all parties.

1.1. Services Performed By The Studio:

Studio will make a good faith effort to provide services consistent with the professional recordingstudio service industry. In doing so, studio producers and engineers will use their best efforts to provide the highest quality of professional recording studio services and skills. However, in no way does this Studio Agreement guarantee that Artist-client will have extended time to complete songs or project beyond what is indicated in the paragraph titled “Term”.

Completion of each song or project is the sole responsibility of the Artist-client. Artist-client agrees that they will be able to complete said projects in a timely manner consistent with the budget set forth herein and budget and time schedule for completion of projects have been discussed, outlined, and identified in the section titled ‘Consideration”. Should the Artist-client need additional time to complete said project then such time may be discussed and may result in an extended offer to time for an additional fee to be determined at that time. Although additional time may not always be available at the time requested, the studio will make the best effort to make it available or assist in rescheduling the additional time request session.

1.2 Consideration:

Artist-client agree and shall pay the Studio an amount of ___________ for _____________ while using Studio services. Payments MUST be made in form of cash, cashier check, money order, and certified funds. UNDER NO CIRCUMSTANCES, will Studio services be rendered without acceptance and complete clearance of paid funds. Artist-client and Studio agree that this rate is a discounted rate and that the discount will expire upon expiration of this agreement.

Thereafter the date of termination, normal studio rates will apply as indicated in section titled “Rates”.

1.3 Booking and Cancellation:

A NON-Refundable deposit of half (50%) is required to confirm all bookings. Cancellation with less than two days notice (48 hours) when recording drums shall result in payment in full due for the types of recording sessions. Cancellation with less than one day notice (24 hours) shall result in payment of full due for types of sessions. No further sessions shall be booked, and no materials/equipment will be released until the payment for the cancellation is paid in full.

1.4 Setup, Time, Breaks:

Setup time and breaks will be billed at the agreed upon hourly rate. Expect several hours of setup time in the case an full band will be recording. The engineer will break for ten (10) minutes every two (2) hours to alleviate ear fatigue and will take one 45-minute meal break every five (5) hours and is included in the studio hourly rate.

1.5 Rate:

For the purpose of this recording session only the rates are indicted as stated in section titled “Consideration” in this agreement. Normal studio rates for recording music may start as low as $125.00 an hour ($130.00 for drums), including engineer. There is a minimum booking time of four (4) hours. Additional hours over eight (8) are billed at 1.7 of the hourly rate ($130.00), unless otherwise negotiated by Studio manager representing Studio owner. All rates are subject to change at the discretion of the Owner. Studio “B,C,O” rate is $55.00 per hour. The use of drums is billed at $60.00 per hour.

1.6 Payments/Penalties:

Any payment not made/ returned/ or remaining balance will incur a 10% monthly interest rate on original balance. Any returned or fraudulent check will be charged a $30.00 fee from the Studio. Returned payments will not allow Artist to use Studio services until full payment plus penalties and interest are remitted in full. Artist will be required to remit payment in cash or bank issued check from then on. Any attempted use of a fraudulent or stolen check will be reported to the proper authorities immediately.

Section 2: Audio Recording Material

2.1 Compact Disks

CD-R audio disks will be charged at a material rate of $1.00 per disk, in addition to the time to record product at normal studio time rates. Please note that material will not be released until Studio has received full payment of all studio services rendered.

2.2 DVD

the use of DVD disks will be charged at a material rate of $3.00 per disk. DVD-R back up and archiving is done at the normal studio time rate associated with this agreement. Each disk will hold 4.5 gig of memory space.. Please note that materials will not be released until Studio has received full payment of all studio services rendered.

2.3 Tascam DA-88

We no longer offer any DA-88 machines or tapes

2.4 Firewire Drives

Fireware drives are available with advance notice. Pricing of drive depends on size. For drive size rates please consult with engineer. Daily back up to the Studios fire wire external hard drive is free for each recording session. Backing up of client files to fire wire or USB external hard drive will be billed at the hourly rate associated with this agreement.

2.5 On-site Storage:

On-site hard drive storage is free for one month after the last recording session, and a fee of $10.00 per gigabyte thereafter will be billed in 1 week increments in ADVANCE. Non-payment for storage will result in permanent deletion of the files. Ongoing projects that are reserving studio time on a regular basis at a minimum of eight (8) hours per month are exempt.

2.6 No Release:

No recorded Masters, partially recorded Masters in any format analog or digital, or any product (CD, DVD, Cassette, etc) whatsoever, will not be released until the Studio receives full payment.

Section 3: Recording Studio Facility Rules

3.1 Outdoor Noise

Please take into consideration that this is a residential area and that there are neighbors. In order to preserve their rights to enjoy privacy and living conditions peacefully, noise is to be kept to a minimum while outside.

3.2 Smoking:

There is absolutely under no circumstances smoking permitted inside the studio. Doing so will result in a $250 penalty for each complaint. Smoking is however permitted outside and smokers are required to dispose of used cigarettes and matches accordingly. In the case users litter common area, smoking will not be permitted.

3.3 Trash:

Please be considerate and dispose of trash accordingly. You are expected to clean up all the mess you make. Please use provided trash containers to dispose of trash. Recycle all glass and aluminum by placing items in a designated recycle container.

3.4 Parking and Auto Security Alarms:

If your automobile is has a security alarm, please be considerate about setting it off in the late hours of the night. Late hours are between 10pm and 9am.

3.5 Studio Internet Services:

Studio does provide high speed internet access for use by our clients. Please consult the internet usage terms below, as they are as follows;

3.6 Internet Usage Term:

3.6.1 Illegal Copying:

Users may NOT illegally copy material protected under copyright law or make that material available to others for copying. You are solely responsible for complying with copyright law and applicable licenses that may apply to software, files, graphics, documents, messages, and other material you with to download or copy. You may NOT agree to a license or download of any material for which a registration fee is charged without first obtaining the express written consent and permission of Studio. All fees associated with registration must be paid in advance.

3.6.2 Frivolous Use:

Computer resources are NOT unlimited. Network bandwidth and storage capacity have limits, and all users connected to the network have a responsibility to conserve these resources, as such , the user must NOT deliberately perform acts that waste computer resources or unfairly monopolize resources to the effect and exclusion of others. These acts include, but not limited to, sending mass mailings or chain letters, uploading or downloading large files, or otherwise creating unnecessary loads on network traffic associated with non-business related uses of the internet.

3.6.3 Virus Detection:

Files obtained from sources outside the Studio including disks brought in, files downloaded from the internet, newsgroups, bulletin boards, or other online services, files attached in emails, and files provided by customers or vendors, may contain dangerous computer viruses that may damage the company’s computer network. Users should never download files from the internet, accept e-mail attachments from outsiders, or use disks from outside sources. If you suspect that a virus had been introduced into the Studio’s network. you must notify the Studio immediately.

3.7 Minors In The Studio

Minors (under 18) must be accompanied by an adult at all times, and/or have a signed waiver (provided by Studio) that is signed by parties legal parent of guardian. Emergency contact information must be provide by the minor or parent. If the parent/guardian leaves the minor with tenant, tenant is responsible for that minor at all times while on and or the surrounding premises.

3.8 Artist Equipment:

Studio is not responsible for any Artist-client equipment or any equipment of parties providing services to Artist-client in any way.

3.9 Extended Parties/ Guests

Artist-client can have up to and limited to two (2) guests who are not instrument playing members of the band. Please inform your guests to not be a distraction to the session. If your guests become disruptive to the session. they will be asked to leave. You are responsible for any and all damages caused by the clumsiness, horseplay, intoxication, accidents, or behavior by your guests.

4.0 Violations

4.1 Alcohol, Weapons, Illegal Substances, Damages

No drinks are to be consumed in the control room or near any studio equipment. Intoxication is not allowed nor will it be tolerated in any form whatsoever inside or outside the Studio. No illegal substances (drugs) or Weapons are allowed or permitted on the property. Any behavior deemed unprofessional by the house engineer will result in immediate termination of the recording session for that date, and Studio will not issue a refund of payment. Thereafter, the Artist agrees to be considered suspended from the Studio. At that time Studio representative and Artist-client will review the situation and attempt to resolve. If it has been determined that Artist-client has caused damage to Studio equipment or personnel, Studio reserves the rights to hold all recorded materials and all payments made by Artist-client. Any further recording time granted to the Artist-client will be at the sole discretion of the Studio.

4.2 Damages, Disciplinary, Suspended Session

Artist- client is responsible for complete reimbursement of any equipment that they or any member of their party has damaged. Thereafter, the Artist agrees to be considered suspended from the Studio. At that time Studio and Artist-Client will review the incident and attempt to reach a decision. Studio reserves the right to withhold all recordings and all payments made to Studio. Studio may demand additional payments to cover any losses or damages caused by Artist Client.Any further recording time granted to the Artist-client will be at the sole discretion of the Studio.

5.0 Liability

Signature by Artist-client or Artist-client representative below acknowledges that these rates and rules are agreed upon, and exempt JoAnn Bush, Donny Baker, and ES Audio Services or it’s parent company Opencall Productions, Also any and all contracted personnel performing recording studio services from any liability to either persons or equipment.

6.0 Indemnification:

Artist-client shall indemnify and hold harmless Studio from any and all loss liability on account of any damages or injury and from all losses claims and demands caused by negligence of Artist Client. The Artist is responsible for any and all legal costs and any and all attorney’s fees, etc, required for any services whatsoever in regards to any service or business between Artist-client and Studio.

7.0 Attorney / Representative/ Legal Fees

Should either party bring suit to enforce the terms of this agreement., the prevailing party shall be entitled to reimbursement of all legal fees including attorney fees, filing fees, courts costs, etc by the losing party. Shall any portion of this agreement prove to be invalid, illegal, or unenforceable, it shall affect the balance of this agreement. This agreement is guided by and governed by the laws of the State of California, and Los Angeles County, shall be the place of execution and jurisdiction.

7.1.1 Mediation

In the event of mediation. Mediation will take place within an area of no further than 25 miles of execution location or this contract (Glendale, California). Losing party agrees to pay all mediation expenses.

7.1.2 Court Location

Both parties agree that in the event of any type of litigation, regardless of location of parties, cases will be held and filed in Los Angeles County and all parties agree to be present as individuals or through an attorney.

7.1.3 Attorney Fees

Attorney fees are set at a rate of $100.00 per hour. by signing this agreement you agree to pay attorney fees in whole in the event of a breach which is caused by the fault of the Artist Client and or his party.

7.1.4 Servings

In the event of suit, parties will only use the court appointed server to court papers, or use the serving powers of the California Sheriff or Police Department. Both parties agree to pay the fees associated with this form of server.

7.1.5 Initial Dispute Resolution:

Parties agree to make worthwhile attempts in resolving disputes or payment issues prior to filing suit. All mail sent documents will only be construed as valid if sent United States Priority mail with a return receipt and signature confirmation. Artist-client must provide valid address upon agreement signature.

7.2 Severability:

If any provision of this agreement shall be invalid or unenforceable, the remainder hereof shall nevertheless continue in full force.

7.3 Amendments

Any and all proposed amendments must be signed and agreed upon with full disclose of all amendment terms. The amendment copy must be attached as the top sheet of this agreement and must be received by all parties.

7.4 Entire Agreement

This agreement contains the entire Agreement and understanding between parties hereto, and may not be amended or changed except by agreement in writing executed by the parties.

7.5 Defense

By signing to and agreeing to the terms set forth throughout this entire agreement, you are agreeing that you fully and completely understand all the terms, language, and rights associated with the agreement. In the event that suit is filed, you acknowledge that “I didn't know what it meant”, “ I didn’t read the entire contract”, or “ I didn’t understand the terms” is not a valid defense.

8.0 Governing Laws:

This agreement shall be governed by, construed, and enforced in accordance with the law of the State of California.

IN WITNESS THEREOF, THE PARTIES HERETO CAUSE THIS AGREEMENT TO BE EXECUTED BY THEIR DULY AUTHORIZED SIGNATURES. PARTIES AGREE TO THE TERMS SET FORTH AND SIGN AT THEIR OWN FREE WILL WITHOUT THE THREAT, BURDEN, OR ENCOURAGEMENT OF OTHERS. ALL PARTIES HAVE THOROUGHLY READ AND AGREE TO ALL THE TERMS ENCLOSED IN THE AGREEMENT AND HAVE INITIALED EACH PAGE. BY SIGNING BELOW YOU ACKNOWLEDGE THESE TERMS AND EXPRESSLY AGREE.