Mixed Emotions Music - Terms of Business

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Prices

Prices on brochures and advertising are subject to change without prior notice. Prices do not include tape stock unless otherwise specified. Prices to be charged shall be the prices in force at time of invoicing. Transportation of tape to and from Mixed Emotions Music shall be at customers risk and expense.

Sales Tax

The customer guarantees that the sales tax exemption numbers (if any) listed on the invoice are valid for the work done by Mixed Emotions Music.

Terms of Payment

All work is accepted on a C.O.D. basis unless other arrangements have been made and have been listed on the invoice. The customer agrees to pay all costs and expenses including legal fees incurred by Mixed Emotions Music in connection with the collection of amounts owing to Mixed Emotions Music. Any claims for adjustments in connection with an invoice must be presented to Mixed Emotions Music in writing within ten days from the date of the invoice in question. Customer hereby waives any claim for adjustments in billing which is not timely presented according to the provisions of this paragraph.

Bookings

The Customer is responsible for time and services booked and is not entitled to any extensions of the scheduled time without the approval of Mixed Emotions Music staff. Bookings are one hour minimum, with half hour increments thereafter.

Cancellations

For hourly booked sessions or single day lockouts, cancellation of any work or service rendered will be charged 50% of cost of services if cancellation takes place within 48 hours of scheduled start of session.

For block sessions booked two or more consecutive days, cancellation of any work or service rendered will be charged 50% of cost of services if cancellation takes place within the duration equal to the length of the lock out prior to the start of the session. For instance, a two day lock out requires two days advance notice, or a seven day lock out session would require seven days advance notice.

Terms Regarding Use of the Facilities

Mixed Emotions Music will use it's best efforts to ensure that all equipment will be in working condition. Should time be lost due to equipment failure, Mixed Emotions Music agrees to credit the customer for the portion of time for which the use of the equipment was denied, or should the customer request, Mixed Emotions Music will furnish the equipment for an additional period equal to the time lost due to equipment failure, subject to Mixed Emotions Music's obligations to other customers. Except for such obligation, Mixed Emotions Music shall have no further liability in connection with such defective equipment.

Severability

Each term of the Terms Of Business is several from every other and shall survive the nullity or unenforceability of the other.

Modification

These terms of business can only be modified by an instrument of writing signed by an authorized representative of Mixed Emotions Music.

Return of Customer's Materials

Customer's material left on premises six months after completion of work become property of Mixed Emotions Music.

Customer's Liability of Infringements

The customer shall indemnify and save Mixed Emotions Music harmless of and from all suits, claims, demands, and other liabilities and expenses, including legal fees and disbursements arising out of the production, distribution, or exhibition of any films, tapes, phonograph records, compact discs, or any removable or permanent media form or equivalent in connection with which Mixed Emotions Music shall have furnished any goods and services.

Limitation of Liability and Warranty

Mixed Emotions Music warrants that it will take every precaution for the safety of clients' materials in production or storage, however Mixed Emotions Music assumes no risks and makes no guarantees unless such loss or damage is caused by the willful negligence of Mixed Emotions Music or any of it's employees acting within the scope of their authority. In no event, however, shall Mixed Emotions Music be liable for more than the replacement value of the unrecorded tape or any other unprocessed materials. In no event shall Mixed Emotions Music be responsible for any loss incurred by its customer as a direct or indirect result or consequence of any of the foregoing.

Mixed Emotions Music assumes no risks and makes no guarantees concerning the content of materials prepared for customers, or delivery schedules, arrival times or air-dates of materials prepared for customers. All risks for content and delivery are assumed by and are solely those of the customer. Mixed Emotions Music shall not insure any of customer's materials while in possession of Mixed Emotions Music or while in transit.

Liens

In consideration of Mixed Emotions Music performing work for the customer, Mixed Emotions Music shall have a lien on all customers' tapes, cassettes, CDs, and other materials and on all tapes, cassettes, and CDs made from them until full payment for any due and outstanding accounts is received. Mixed Emotions Music is and shall be entitled to sell, lease, or otherwise dispense of any tape or other property upon which such lien is granted in its absolute and unfettered discretion upon giving 30 days notice in writing the customer of its intention to sell, lease, or otherwise dispose of the tape or property. Such written notice is duly given to the customer if sent by prepaid registered mail to the customers last known mailing address.

In disposing of the tape or other property referred to in the preceding paragraph, Mixed Emotions Music shall not be required to obtain the best price available. Upon disposing of the tape or other property, Mixed Emotions Music shall obtain from the proceeds an amount equal to the amount owing to it together with all costs of the disposition and the balance, if any, shall be paid by Mixed Emotions Music to the customer.

The customer has the right, at any time previous to the actual disposition of the tape or the property, to discharge the lien, by paying Mixed Emotions Music the amount claimed in the notice of disposition, and all reasonable costs and expenses incurred by Mixed Emotions Music as a result of the customer's failure to comply with the terms of this agreement.

Entire Agreement

These Terms of Business and the written contract signed by the customer constitute the entire agreement between the customer and Mixed Emotions Music, and no evidence of any oral agreement or representation whatsoever shall be admitted to vary, modify, waive, or add to any or all terms of this agreement.

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