LIABILITY POLICIES

DATA ARCHIVE POLICY

• Data files or tapes cannot be released if there is an outstanding studio balance.

• WW is not required to keep a back up of tapes or data once the final product is released to the client.

• Archives can include ProTools session files and appropriate audio files.

• Bounces, exports or file conversions will be billed at regular studio hourly rates.

• Engineer’s notes remain the property of WW.

• WW is not responsible for ANY data left on premises, either the dissemination of said data or loss thereof.

• WW is not responsible for unrecoverable data, whether it is on analog tape, hard drive, or ANY other medium.

• WW is not liable or responsible for the storage of client data. Clients are responsible to provide their own hard drive or storage devices to back up their data at the end of each session.

• Clients assume all risks associated with storing, on or off the premises of WW, or WW’s use of, any and all sound recordings, video recordings, digital data in any storage format including but not limited to audio, video, smpte, midi, or other file types, or equipment of any kind or nature and shall hold WW harmless from any and all damage that might occur to said articles for any reason. WW is not liable with respect to “downtime” of any and all studio sessions as a result from equipment malfunction or availability, personnel, hired musicians, acts of nature or public utility companies, etc. Liability shall be limited solely to the studio time of such booked session; and client(s) agree to hold WW free from any and all damages from such “downtime”.

Terms of Payment

Due to the subjective nature of audio production, Client acknowledges that WW’s obligation is limited to the act of recording, mixing, mastering, or processing the Clients audio. In the event of dispute, WW Studio’s contractual obligations are considered to be fulfilled in full by the act of processing. Submission of processed files, via FTP, web, or physical medium, shall constitute acceptance for purposes of contract fulfillment.

Default

If Client defaults in payment of any invoice at due date, or in the event of any proceeding in bankruptcy or insolvency by or against Client, WW in addition to any right it has, shall have the right: (a) to suspend or discontinue work until it has received payment in full for work performed; (b) to require cash in advance to cover further work; (c) to collect late charges of 5% per month from due date; and/or (d) to recover all costs of collection, including reasonable attorney’s fees. In the event credit or financial ability of Client becomes impaired or unsatisfactory in the sole reasonable judgment of WW Studio, WW shall have the right at any time thereafter to change the credit terms with respect to any further work under this quotation.

Use of Audio

Unless specified in writing, Client grants WW the right to use Client audio for marketing purposes, including, but not limited to sample CDs, internet play systems, or other methods.

Remedies

In the event WW takes any action to enforce the terms of this Agreement and/or collect payment, Customer hereby agrees to pay all costs incurred in connection therewith, including, without limitation, all reasonable attorneys’ fees, expenses, and court costs incurred by WW in its sole discretion. Customer further agrees that exclusive jurisdiction and venue for any claim arising out of or under the terms of this Agreement shall be in a state court of competent jurisdiction in Suffolk County, NY, and Customer hereby submits to the jurisdiction and venue of such court.

Disclaimers

ANY AND ALL DAMAGE TO THE BUILDING, PERSONS ATTENDING SESSION, AND EQUIPMENT USED DURING THE USE OF THE FACILITY, BY CLIENT AND/OR THEIR VISITORS, IS THE SOLE LEGAL AND FINANCIAL RESPONSIBILITY OF THE CLIENT. ALL DAMAGE COSTS INCURRED BY THE CLIENT MUST BE PAID IN FULL BY NO LATER THAN (48) FORTY-EIGHT HOURS FROM THE TIME THAT THE INCIDENT OCCURRED. WE ARE NOT LEGALLY OR FINANCIALLY RESPONSIBLE FOR ITEMS BROUGHT INTO OR LEFT ON THE PREMISES. IT IS RECOMMENDED THAT CLIENTS OBTAIN INSURANCE TO PROTECT AGAINST POSSIBLE DAMAGE EXPENSE OR LOSS OF ARTICLE (S) OF VALUE LEFT ON THE PREMISES. THIS INCLUDES EQUIPMENT, MASTER TAPES, HARD DRIVES, OR ANY MEDIA LEFT AT WWDURING SESSIONS OR BEFORE PAYMENT.

MAKE MULTIPLE BACKUPS OF YOUR DATA. DIGITAL AUDIO DOES NOT EXIST UNLESS IT IS IN THREE SEPARATE LOCATIONS. THIS IS YOUR RESPONSIBILITY! BACKUP COPIES OF SESSIONS IN THE DIGITAL REALM SHOULD BE MADE DAILY DURING THE COURSE OF A SESSION AND TAKEN HOME WITH THE ARTIST OR PRODUCER AT NIGHT. POST-SESSION BACKUPS CAN BE MADE ONTO INTERNAL HARD DRIVES OF COMPUTERS, ONTO EXTERNAL FIRE-WIRE OR USB HARD DRIVES, STORED IN AN ONLINE DATA STORAGE BANK OR BURNED TO DVD-R OR CD-R. THERE IS NO CERTAINTY THAT A CD-R OR DVD-R WILL HOLD DATA FOR THE LONG TERM OR THAT A STORED HARD DRIVE WILL PLAY BACK AFTER SITTING FOR ANY AMOUNT OF TIME SO BACK UP YOUR DATA TO NEWER MEDIA AS TIME GOES ON. WW HIGHLY RECOMMENDS PURCHASING QUALITY, NAME BRAND HARD DRIVES.