General terms and conditions of business
By placing an order, you accept our general terms and conditions.
I. GENERAL / CONCLUSION OF CONTRACT
1. These General Terms and Conditions apply to all orders accepted by PLANET EARTH STUDIOS BERLIN in the areas of studio rental, production, recording studio work, music consulting, music research, conception, composition, editing of existing works, arrangement, layout, unless otherwise agreed in writing in individual cases.
2. The client’s terms and conditions shall not become part of the contract, even if PLANET EARTH STUDIOS BERLIN does not expressly object to them.
3. The client is the person who has arranged for the production or the rental of studio space, either verbally or in writing, even if the invoice is issued to a third party at the client's request. The client is fully liable for the invoice amount, alongside the third party.
II. PAYMENT TERMS
1. The prices applicable to delivery are those valid at the time of order placement or order confirmation. Our prices are exclusive of statutory VAT, unless otherwise agreed in writing.
2. Our invoices are payable gross without deduction within 14 days of invoicing.
3. Unredeemed vouchers will expire after 4 years.
III. CANCELATION FEE
1. In the event that a recording appointment or an agreed appointment for studio rental cannot be kept by the client, a cancellation fee of 50% of the agreed fee for that appointment shall be due, unless the client cancels the appointment at least 24 hours before the agreed appointment.
IV. COPYRIGHTS
1. If the subject of the contract is the adaptation or use of protected works or language, it is the client's responsibility to obtain the necessary permission from the original author. Rights transferred by authors of works to GEMA and/or music publishers are non-transferable and therefore are not compensated by payments to PLANET EARTH STUDIOS BERLIN. The client therefore undertakes to duly pay all fees for mechanical reproduction, public performance, etc. to the collecting societies (such as GEMA and GVL), music publishers, and/or authors.
When using materials provided by the client, PLANET EARTH STUDIOS BERLIN is not obligated to verify whether the content of the commissioned work violates legal regulations. Should this be the case, the client shall be liable for all resulting disadvantages or damages and shall indemnify PLANET EARTH STUDIOS BERLIN, in particular, against any claims by third parties.
2. Copyrights to works provided to PLANET EARTH STUDIOS BERLIN for editing, mixing or mastering remain entirely with the author.
V. MISCELLANEOUS
1. The contractor is not responsible or liable for sound problems caused by third parties or external influences during or after the recording (e.g., friction from clothing, floor noise, spectators, weather, neighbors, etc.). This also applies to submitted recordings.
VI. LIABILITY FOR DAMAGE, CLEANING
1. The client is fully liable for all damages caused by him or the persons he brings with him in the studio rooms, as well as in all other rooms in the building, including the outdoor facilities (access roads and courtyard).
This applies to furnishings, technical equipment and damage to persons.
2. The client/tenant is obliged to treat all equipment, in particular instruments, technical devices and furnishings, properly and with care at all times.
3. The client/tenant is obligated to leave the premises clean. Garbage containers are provided. Should the cleaning effort exceed the usual level after the client/tenant vacates the premises, PLANET EARTH STUDIOS BERLIN reserves the right to charge a flat cleaning fee of €50.00.
VII. FILM AND PHOTOGRAPHS
Filming and photography are permitted only with the express permission of PLANET EARTH STUDIOS BERLIN employees on the premises of PLANET EARTH STUDIOS BERLIN and in all other rooms within the building, including the outdoor areas (access roads and courtyard). PLANET EARTH STUDIOS BERLIN reserves the exclusive right to publish film and/or photographic material.
VIII. THIRD-PARTY SERVICES
If external services are required during the execution of a contract, i.e. services that cannot be performed using the studio's own equipment and staff, the contractor is generally not responsible for the quality, punctuality, or costs of these services, provided these services are selected by the client. However, at the client's request, PLANET EARTH STUDIOS BERLIN will, to the best of its knowledge and belief, arrange for and, if necessary, advance such external services, subject to the industry-standard surcharge and any costs incurred by the client (fees for speakers, musicians, piano tuners, postage, cash on delivery, telephone calls, taxis, pizza, courier services, etc.). PLANET EARTH STUDIOS BERLIN reserves the right to make delivery of the production dependent on the reimbursement of any amounts advanced by the client in the event of unreasonably high cash outlays.
IX. CHOICE OF LAW AND JURISDICTION
1. The contractual relationship between PLANET EARTH STUDIOS BERLIN and the client shall be governed by the law of the Federal Republic of Germany.
2. The place of jurisdiction for all disputes arising from the contractual relationship between the client and PLANET EARTH STUDIOS BERLIN is Berlin.
X. SEVERABILITY CLAUSE
Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.
XI. FINAL PROVISION
The above General Terms and Conditions are effective from January 1, 2013. Previous versions are hereby superseded. Deviations from these General Terms and Conditions, supplementary agreements, and ancillary agreements must be made in writing or expressly confirmed in writing.