Professional opinions / legal info required on competition terms

[Spikeh]

I've been running a recording studio for some time, and I've offered my services out for free at various local events to get my name out there a bit, work on different projects and bring up my skills...

The problem is, I've been bitten a few times by bands taking the micky. I've got the opportunity to do it again, so I've drawn up some terms and conditions.

Seeing as though there are quite a few pro musicians on here, and quite a few people with a lot of experience, I thought I would ask you your opinion on the terms I've written up. Are they acceptable, and if anyone has any info on any UK litigation surrounding it, it would be appreciated:

Document Terminology

• "Studio" is "Shadow Moses Studios", <Address>
• "Artist" is the winning band / individual artist.

Terms & Conditions

Upon entering the competition, Artists agree to be bound by the following terms and conditions.

• The Artist is entitled to three (3) days free recording time at the Studio.
• Offered Studio time is not transferable for its equivalent cash value. If the Artist does not require Studio time, no compensation will be provided in lieu of the offered prize.
• Studio bookings will be made at a convenient time for both the Studio and the Artist.
• A Studio "day" is 8 hours long.
• A final mixed and mastered copy of any recordings will be presented to the Artist within a time agreed between the Studio and the Artist.
• Studio commencement and halt time will be pre-arranged between the Studio and the Artist.
• Offered time is inclusive of set up / down, production, recording, mixing and mastering.
• The Artist is welcome to attend any editing, mixing and mastering sessions when pre-arranged with the Studio.
• Additional Studio time will be provided to the Artist for a special discounted rate of fifteen pounds (£15.00) per hour.
• Further discounts can be arranged for block bookings.
• Various pieces of musical equipment (instruments, amplifiers, cabinets, effects etc) will be provided to the Artist to be used in the recording process. A list of available equipment can be provided by the Studio if requested by the Artist.
• All Studio equipment remains the property of the Studio at all times.
• Any recordings made whilst attending a Studio session remain the property of the Studio until a final master is presented to the Artist. At which time, the Artist may request a copy of the raw audio and project files.
• The Artist is welcome to bring any musical equipment or microphones to the Studio to use during the recording process.
• All physical recording, editing, mixing and mastering will be completed by the Studio, although outside engineers and producers are welcome to sit in on sessions and provide advice or consultancy.
• Session musicians are available to the Artist at an additional cost set by the Studio.
• If the Artist is unhappy with any final master provided by the Studio, the Studio agrees to re-mix and re-master the recordings up to five (5) additional times for no extra cost. Additional re-mixes will be provided at the above discounted rates.

What do you think?

[Spikeh]

Anyone? Would you agree to those terms being in a band?

[Mark Latimour]

I think you are being very generous with your terms. Avoid saying things like "agreed between teh Studio and the Artist". Everything should be at the absolute discretion of the Studio, but the Artist can make suggestions etc. You are giving this away for free, why should the Artist have any freedom to agree.

If you PM me your email address I can probably do a quick handwritten mark-up for you and PDF it back to you as things are quiet in the office today.

[Spikeh]

Hmm, you may be right there! Musicians are fickle though, and never want to be pinned down by anything

I'm offering the free time (I'm actually being paid by the venue for it, but not much), as a prize, but the BOTB event is also being sponsored by my online community forum... it's good for me all round!

Any help would be appreciated Mark, I'll send you my e-mail now

[Mark Latimour]

I've sent you an email with the mark-up.

[Spikeh]

Just had a quick scan through on my PDA (not ideal, but does the job ;P). I'll have a better read tonight, but I'd just like to say it looks really good and I'd like to send out a great big thanks for your effort Mark!

And no probs about the notes you've put at the top - I appreciate your effort - I won't associate you with it in any way, shape or form