TERMS AND CONDITIONS

These Conditions apply to all bookings and services provided by Church Recorders Limited with registered address Elsley Court, 20-22 Great Titchfield Street, London, W1W 8BE trading as Church Studios (Church Studios) with VAT number 167 8715 63.

DEFINITIONS

Agreement: means the agreement comprised in the confirmation of booking email and these Conditions.

Booking: means the hire of the Studio for the period of time set out in the confirmation provided by Church Studios and subject to the terms and conditions specified in the Confirmation Email and any other terms and conditions specified by Church Studios to the Client.

Booking Fee: means the fee payable by the Client to Church Studios for the Booking as specified in the confirmation of booking email or if not specified then calculated in accordance with Church Studios published or usual scale of charges. All fees are quoted net of VAT and exclude any applicable taxes.

Client: means the person or company referred to in the Confirmation Email.

Client’s Equipment: means equipment brought onto Church Studios premises by the Client or Client Personnel

Client’s Own Part Recorded Media: means the Client’s own recording media incorporating pre-recorded material including without limitation multi-track recording tape and computer software.

Client’s Personnel: means any persons or third parties invited by the Client to enter the Studio during the Booking.

Client’s Recording: means a recording made before Booking which is delivered to Church Studios by the Client in connection with this Agreement.

Conditions: means these terms and conditions.

Confirmation Email: means any written quotation provided by Church Studios via email that is accepted and signed by the Client. If no prior acceptance is received, the quotation shall be deemed accepted upon commencement of work. Similarly, if the Client submits a written order that is accepted by Church Studios, it shall be deemed accepted upon commencement of work in the absence of prior confirmation.

Master Recording: means the original recording produced for the Client by Church Studios in the course of the Booking on the media and in the format described in the Confirmation Email.

Materials: means all Recordings and ancillary materials (if any);

Maximum Liability: means the maximum liability on the part of Church Studios to the Client arising under or in connection with this Agreement (in the aggregate for all potential claims by the Client) being the lesser of (i) £100; and (ii) the total amounts paid to Church Studios by the Client under this Agreement in the six months immediately preceding the initial notice of any claim.

Operators: means the staff of Church Studios named as such in the Confirmation Email.

Pre-Production Master: means a Recording in form intended for mass production without further material change.

Production: has the meaning given in clause 15.2 (Broadcast Productions).

Recording: means any single or multi-track audio and/or visual recording or data programming or derivative thereof or any one or more pieces of recorded sound or visual image recorded or used during the Booking including a Master Recording and a Pre-Production Master or any Client’s Recording.

Representatives: means the people named in the Confirmation Email being authorised by the Client to instruct Church Studios on behalf of the Client.

Scope Creep: has the meaning given in clause 4.3.

Scope Creep Fees: has the meaning given in clause 4.3.

Session Footage: means all audio and or audio-visual material documenting the progress and making of the Recording in the Studio during the Booking.

Studio: means the recording studio and the equipment specified in the Confirmation Email.

Studio Building: means all parts of the building and premises in which the Studio is contained.

Studio Breakdown: means a failure or breakdown or unavailability for any reason of the Studio which prevents the Client’s use thereof in accordance with the terms hereof.

Trademarks: means all Church Studios owned and or controlled trademarks, logos and associated rights.
BOOKINGS

2.1 All fees are due and payable in full at the time the Booking is confirmed as being available by Church Studios. A Booking is only confirmed once full payment has been received. Until then, no rights or guarantees regarding the Booking shall be deemed granted and Church Studios reserves the right to release the Booking to another party.

2.2 If the Client wishes to postpone a Booking, the Client has 30 days from the date they placed the Booking to reschedule. Rescheduling must be requested at least 7 days prior to the date of the original Booking and is subject to Studio availability. Church Studios does not guarantee that a new booking can be made. If there is availability, the booking will be moved to a new date within the 30-day window at no additional cost. If there is no availability within the 30-day period, the booking is forfeited, and the Client remains fully liable for the total cost of the original booking. All postponement requests must be made in writing and are only valid once acknowledged by Church Studios.

2.3 Upon any cancellation, 100% of the Booking Fee remains due and payable.
STUDIO USE AND FACILITIES

3.1 Church Studios will provide the Client with access to the Studio and Operators for the Booking. During this time the Master Recording will be produced under the Client or Client’s Representatives direction, monitoring and approval of the Representatives. The Client shall only permit people directly involved in the Recordings and named on the Booking to enter the Studio Building and only during the Booking. Church Studios reserves the right to refuse entry or request the removal of any individual from the Studio Building at its sole discretion.

3.2 The Client acknowledges and agrees that it shall be responsible for:

(a) ensuring the Studio is suitable for its intended use;

(b) ensuring that the Client’s Equipment shall be compatible with the Studio;

(c) the technical quality of any recording engineered by Client Personnel;

(d) any issues or damage caused by the use of Client’s Own Part Recorded Media (including any virus-related damage), with Church Studios providing no warranties in this regard;

(e) to the extent the Client is bringing any of its own equipment, providing accurate details to Church Studios of such equipment including the weight of such equipment; and

(f) testing the Master Recording within 10 business days of the Collection Date.

3.3 The following are prohibited in the Studio and anywhere on Church Studios premises:

(a) smoking and vaping, save for in the designated outdoor smoking area;

(b) the use of any illegal substances;

(c) consuming any nuts or nut products; and

(d) any lewd or indecent behaviour,

(together “Prohibited Actions”)

The Client acknowledges and agrees that it is responsible for ensuring that no Prohibited Actions take place by it and any individual present at the Studio in connection with the Booking.

3.4 The following equipment is prohibited in the Studio and anywhere on Church Studios premises:

3.4.1 all types of hazing equipment and hazing machines (including oil-based or water-based hazers);

3.4.2 all types of atmosphere aerosol;

3.4.3 all types of dry ice machines or low-fog machines; and

3.4.4 any equipment in excess of the weight restrictions applicable to the Client’s booking and as notified to the Client by email in advance of (or included in) the Confirmation Email.

3.5 Waste Management and Premises Condition

3.5.1 The Client shall ensure that the Studio and all areas of the Studio Building used during the Booking are left in the same condition as they were found at the commencement of the Booking. Without limitation, the Client shall:

3.5.1.1 remove all rubbish, waste, and debris generated during the Booking from the Studio Building;

3.5.1.2 ensure all furniture, fixtures, and equipment belonging to Church Studios are returned to their original positions;

3.5.1.3 clean any areas that have become soiled or marked during the Booking; and

3.5.1.4 report any damage to Church Studios immediately upon discovery.

3.5.2 If the Client fails to comply with this clause 3.5 or in the event of any damage occurring during the Booking, Church Studios may arrange for the necessary cleaning, waste removal, or restoration work to be carried out and the Client shall be liable for all costs incurred in relation to this (“Repair Fees”).

3.6 Dry Hire

3.6.1 The Client acknowledges that, unless expressly agreed in advance in the Confirmation Email, the hire of the Studio is provided as a dry hire unless otherwise expressly agreed in writing by Church Studios. This means that, save for the Studio equipment specified in the Confirmation Email, the Client is responsible for providing all equipment, props, set dressing and any other materials required for the Booking. Church Studios shall have no responsibility for, and gives no warranty as to, the suitability, availability, or condition of any equipment or materials not expressly included in the Confirmation Email.

3.7. A standard studio day consists of 10 hours. Any additional time beyond this will be charged per hour at a rate of 10% of the Booking Fee and 10% of the engineering fee (where applicable if an engineer is included in the Booking). Set-up time is included within the 10-hour studio day. Church Studios will make every effort, with Church Studios control, to have the session set up before the Client’s arrival. If a session extends beyond 10:00 PM, the Client agrees that it will cover the cost of a taxi for the engineer (where applicable if an engineer is included in the Booking) and any other Church Studios personnel required to attend the Booking due to limited public transport availability.

3.8 If the Client requires piano tuning or a Church Studios engineer to be included within the Booking then the Client should request this and Church Studios will confirm the additional applicable fees ahead of confirmation of the Booking.
BOOKING FEE

4.1 The Booking Fee is due and payable at the time the Booking is confirmed.

4.2 Where agreed with the Client, Church Studios may apply additional charges for specific items, including but not limited to overtime (charged at the prevailing hourly rates unless otherwise agreed in writing), taxi fares, materials, and food. These additional charges must be paid in full by the Client upon receipt of an invoice.

4.3 The Client will be responsible for ensuring that the Confirmation Email (or such other written agreement confirming the details of the booking) accurately reflects the details of the Booking and will notify Church Studios of any changes including, but not limited to, a change in Client’s Personnel, a change in Client’s Equipment, a change in Representatives or any change to the use or proposed use or distribution from that as stated in the Booking of any Recording or Session Footage (“Scope Creep”). Church Studios reserves the rights to adjust the Booking Fee and/or any invoice in relation to any Scope Creep to the extent it deems necessary to reflect the charges that would be applicable to such a Booking under Church Studios’ then applicable rates or otherwise at an appropriate market rate (“Scope Creep Fees”).

4.4 Church Studios will apply credit card and PayPal processing fees for payments made via these methods. The applicable fees will be communicated to the Client prior to payment. Payments made from outside the UK must cover all associated transaction fees, and invoices must be settled in GBP.

4.5 The Booking Fee shall not be reduced or refunded due to:

(a) the Client’s failure to use the Studio for any or all of the Booking; or

(b) the Client’s cancellation of the Booking or any part thereof.

4.6 If the Client does not use the Studio for all or part of the Booking or cancels the Booking, Church Studios may, at its sole discretion, attempt to rebook the Studio and Operators. Any amounts received from such rebookings (which may be lower than the original Booking Fee) may (at Church Studios’ discretion) be credited against the Booking Fee due from the Client. The remaining balance of the Booking Fee shall be payable in full in accordance with this Agreement.

4.7 The Client must review any invoice issued by Church Studios and raise any queries or disputes in writing within five (5) business days of receipt of invoice. After the five (5) business day period, the invoice shall be deemed accepted, and the Client shall have no further right to dispute the amount invoiced. Church Studios shall consider one round of feedback from the Client regarding any invoicing dispute. Any resolution agreed upon by Church Studios shall be final.

4.8 If the Client continues to dispute the invoice or fails to make payment in accordance with this Agreement, Church Studios reserves the right to retain ownership of any intellectual property in the Master Recording and other Recordings (if applicable) and the Client shall not be permitted to use the same until full payment is made to Church Studios.

4.9 Church Studios may also charge interest on any overdue amounts at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Client is responsible for paying the interest together with any overdue amount.

4.10 If the rate of VAT changes between the date the Client placed the Booking and the date the Client pays, we will adjust the rate of VAT to the applicable rate.
THE CLIENT’S OWN MEDIA, PERSONNEL AND EQUIPMENT

5.1 The Client shall be responsible for the integrity of its own media, including, without limitation, hard drives and/or the Client’s Own Part Recorded Media (the "Media Materials"). Church Studios shall not be liable for any deficiency in or caused by such Media Materials. The Client is solely responsible for backing up or creating safety duplicates of any Media Materials.

5.2 The Client warrants, undertakes, and agrees that the Client and all Client Personnel will comply with the Studio’s rules, regulations, and health and safety policies and shall be responsible for:

(a) the actions of the Client’s Personnel while on Church Studios’ premises;

(b) any injury, loss, or damage to any person, equipment, or premises (including the Studio’s equipment or premises) caused by any act or omission of the Client or the Client’s Personnel, or as a result of any defect in or inappropriate specification of the Client’s Equipment or Media Materials;

(c) the cost of hiring any Client’s Equipment;

(d) any costs and expenses incurred by Church Studios on behalf of the Client at the Client’s request;

(e) any loss or damage to the Client’s Equipment, which shall remain at the sole risk of the Client.

5.3 The Client shall be liable for the full replacement cost of any Studio equipment damaged due to negligence, misuse, or failure to follow Church Studios' instructions.

5.4 The Client warrants, undertakes, and agrees that it shall maintain adequate insurance cover with a reputable insurer for the duration of the Booking to cover its obligations under this Agreement, including (without limitation) insurance for all Client’s Equipment brought onto Church Studios premises. Any damage to the Client’s Equipment which is not directly caused by the negligence of Church Studios shall be borne solely by the Client and shall be covered by the Client’s own insurance. Evidence of such insurance must be provided upon request.

5.5 Electricity and Generators

5.5.1 The Client shall notify Church Studios in advance of any equipment that requires electrical power in excess of standard domestic supply or which may reasonably be expected to place significant load on Church Studios’ electrical systems or circuits. If, in the reasonable opinion of Church Studios, the Client’s power requirements exceed what can safely or reasonably be accommodated by the Studio’s existing electrical supply, the Client shall be required to provide its own electricity generators at the Client’s sole cost and expense.

5.5.2 Any generators brought onto Church Studios’ premises by the Client must:

5.5.2.1 be subject to the prior written approval of Church Studios, which may be withheld at Church Studios’ absolute discretion;

5.5.2.2 be in good working order, properly maintained, and safe for use;

5.5.2.3 comply with all applicable laws, regulations, and standards (including electrical safety standards);

5.5.2.4 not cause any damage to the Studio Building, Church Studios’ electrical systems or power circuits, or the electrical systems or power circuits of any neighbouring properties or premises;

5.5.2.5 be operated only by competent personnel; and

5.5.2.6 be positioned and operated in accordance with any applicable regulatory or safety standards and any directions given by Church Studios.

5.5.3 The Client shall indemnify Church Studios against any indirect or direct loss, damage, costs, or claims arising from the Client’s use of electricity generators on Church Studios’ premises.

5.6 Parking

5.6.1 Subject to availability, the Client may use one (1) parking space at Church Studios free of charge during the Booking. Any additional parking requirements, including (without limitation) parking for production vehicles, equipment trucks, trailers, or other vehicles, shall be the sole responsibility of the Client. The Client shall be responsible for obtaining any necessary parking permits, suspensions of parking restrictions, or other permissions required from the relevant local authority or other third parties, and Church Studios shall have no liability in this regard. If the Client requires additional parking to be provided by Church Studios, then subject to availability, Church Studios shall provide this at an additional charge as noted on the Confirmation Email.

5.7 The Client shall vacate the Studio and remove all Client Equipment immediately upon the conclusion of the Booking. Church Studios will not be liable for any equipment left in the Studio Building. Church Studios may, by giving the Client thirty (30) days written notice, require the Client to collect its Equipment. If the Client fails to collect its Equipment within this period, Church Studios shall be entitled to destroy or otherwise dispose of it without liability.
SOUND LEVELS

6.1 The Client acknowledges that prolonged exposure to noise levels exceeding 85 dB(A) may cause hearing damage and that, under the Noise at Work Regulations 1989, both studios and their users are legally required to keep noise exposure as low as reasonably practicable. Accordingly:

(a) the Client shall be responsible for managing noise levels within the Studio; and

(b) high noise levels must not be sustained for extended periods.

6.2 Church Studios reserves the right to take any necessary action to maintain tolerable noise levels, including reducing sound levels or suspending sessions if required. The Client agrees that no claims shall arise against Church Studios for any inconvenience or lost time resulting from such action.

6.3 The Client shall follow all recommendations set out in the Confirmation Email (receipt of which the Client acknowledges) and shall ensure that all Client Personnel comply with the same.

6.4 The Client acknowledges that Church Studios is located in a residential area and the Client shall, and shall procure that all Client Personnel shall, comply with all applicable local authority rules and regulations regarding noise, including any restrictions on hours of operation for noisy activities. Without limitation:

6.4.1 generators and other noise-producing equipment shall not be operated between the hours of 11:00 PM and 7:00 AM without the prior written consent of Church Studios; and

6.4.2 drum and bass recordings are not permitted between 11:00 PM and 7:00 AM.
RECORDINGS AND MATERIALS

7.1 The Client must collect all Materials immediately after full payment of Church Studios’ invoice (the “Collection Date”)

7.2 Ownership and Payment. All Materials remain the property of Church Studios until full payment of all outstanding fees (for the avoidance of doubt including any Scope Creep Fees or Repair Fees in each case to the extent applicable) has been received as cleared funds. If payment is not settled by the last day of the Booking, the Client shall have no right to take possession of the Materials. Until the full Booking Fee has been paid and received as cleared funds, Church Studios retains ownership of the Materials. This means:

(a) the Materials belong to Church Studios until full payment is received.

(b) Church Studios has the right to retain possession of the Materials until all outstanding payments are settled.

7.3 If, for any reason, the Materials have not been collected by the Client on the date of the final day of the Booking, then Church Studios will retain all audio session files recorded by Church Studios for a period of one (1) month following the completion of the Booking. After this period, all files will be permanently deleted from Church Studios’ systems. The Client is responsible for ensuring all files are backed up and retrieved within this timeframe and Church Studios accepts no responsibility for files beyond this period. For the avoidance of doubt: (i) following the Client’s collection of the Materials and notwithstanding any other provision of these Conditions, Church Studios shall no longer have any obligation to retain, store or archive the Material; and (ii) the Client is responsible for any visual recordings and Church Studios will not be responsible for storing or delivering this to the Client.

7.4 Storage and Disposal After the Collection Date. After the Collection Date:

(a) the Materials will be stored at the Client’s own risk, and Church Studios will not be responsible for any loss or damage.

(b) the Client may be charged a reasonable storage fee for any Materials left at Church Studios.

(c) if the Materials remain uncollected, Church Studios may issue a written notice requiring collection within one (1) month. If the Client fails to collect the Materials within this period, Church Studios may dispose of them in any way it sees fit, including destruction, without liability.

7.5 Ownership and Payment. Until the full Booking Fee has been paid and received as cleared funds, Church Studios retains ownership of the Materials. This means:

(a) the Materials belong to Church Studios until full payment is received.

(b) Church Studios has the right to retain possession of the Materials until all outstanding payments are settled.

7.6 Risk in Transit and Off-Site Storage. Once the Materials leave Church Studios’ premises, all risk passes to the Client. Church Studios is not responsible for any loss or damage to the Materials in transit or while stored elsewhere.

7.7 General Lien. Church Studios retains a general lien over all Master Recordings, Materials, Recordings, and any intellectual property created by the Client in the Studio during the Booking, and any other property of the Client in its possession, for any unpaid balance owed by the Client (including, without limitation, the Booking Fee, any additional charges including Scope Fees and any Repair Fees). The Client shall not be entitled to use, exploit, or license any such intellectual property until all outstanding amounts have been paid in full.
INDEMNITY

8.1 The Client agrees to fully indemnify and protect Church Studios from any injury, loss, damage, costs, or expenses it may suffer as a result of:

(a) Booking Cancellation – Any costs or expenses incurred due to the Client canceling the Booking, including any reasonable costs associated with the cancellation.

(b) Booking-Related Expenses – Any expenses Church Studios incurs in connection with the Booking including any Repair Fees and Scope Creep Fees.

(c) Use of Recordings or Materials – Any claims, losses, or liabilities arising from the Client’s creation, use, or exploitation of the Recordings or Materials.

(d) Breach of Agreement – Any loss or damage caused by the Client failing to meet its obligations, including breaches of warranties, undertakings, or other terms set out in this Agreement.

(e) Client’s Media Materials – Any loss or damage caused by the Client’s Own Part Recorded Media or other Media Materials brought into or used at Church Studios.

This indemnity applies whether the loss or damage is direct or indirect and remains in effect for all claims arising from the Client’s actions or use of the Studio.
CONTENT AND USAGE OF RECORDING

9.1. The Client warrants and represents that:

(a) nothing included in the Recording (or any software introduced by the Client) infringes any copyright or other intellectual property rights.

(b) the Recording and any associated materials do not contain any content that is illegal, defamatory, obscene, scandalous, lewd or otherwise unlawful.

(c) the Client will use the Studio and all Recordings as agreed with Church Studios in writing in advance of the Booking.

9.2. The Client agrees to indemnify Church Studios against any claims, liabilities, costs, or expenses arising from a breach of this clause, including:

(a) any legal action or claims resulting from copyright infringement or other unlawful content.

(b) any costs incurred by Church Studios in defending such claims, including legal fees and any amounts paid on legal advice to settle a claim.

9.3 Church Studios reserves the right to refuse to record, reproduce, or distribute any material that it reasonably believes to be illegal, defamatory, obscene, or otherwise inappropriate.
STUDIO BREAKDOWN WARRANTY

10.1 If a Studio Breakdown occurs, Church Studios will, at its sole discretion, either:

(a) provide a replacement for the affected Studio facilities as soon as reasonably possible; or

(b) offer a refund or credit for the Booking Fee corresponding to the lost time.

Beyond these remedies, Church Studios shall have no further liability to the Client.

10.2 If a minor Studio Breakdown (lasting no longer than two hours) occurs, Church Studios may choose—without obligation—to extend the affected session by the same duration at no additional cost to the Client.
MASTER RECORDING WARRANTY

11.1 The Client must notify Church Studios in writing of any defect, loss, or damage to the Master Recording as soon as they become aware, whether from testing under Clause 3 or by any other means, and in any event within 30 days.

11.2 Upon receiving such notice (or if Church Studios otherwise becomes aware), Church Studios will use reasonable efforts to:

(a) fix any defect in the Master Recording; and

(b) replace any lost or damaged materials caused by faulty materials, workmanship, or negligence of Church Studios.

11.3 If Church Studios is unable to reasonably correct or replace the Master Recording, its liability will be limited to the Maximum Liability stated in this Agreement.
CLIENT’S RECORDINGS

It is a condition of this Agreement that the Client must create and retain backup copies of all Client’s Recordings before delivering them to Church Studios. Church Studios' liability for any loss or damage to the Client’s Recordings shall be limited solely to the replacement cost of the physical media on which they were provided (if so provided).
CONFIDENTIALITY AND DATA PROTECTION

13.1 Both Church Studios and the Client agree to treat as confidential any proprietary or sensitive information disclosed in connection with this Agreement during the booking and recording process, including but not limited to the Booking, Recordings, session details, business plans, trade secrets, unreleased material, and any other confidential information shared by either party ("Confidential Information").

13.2 Neither party shall disclose, copy, or use any Confidential Information for any purpose other than the fulfilment of this Agreement, except:

(a) with the prior written consent of the disclosing party;

(b) as required by law, a court of competent jurisdiction, or any regulatory authority; or

(c) if the information has become publicly available other than through a breach of this Agreement.

13.3 Each party may be required to share Confidential Information with its employees, contractors, or affiliates to fulfil the services provided under this Agreement. In such cases, the party disclosing the Confidential Information shall ensure that all recipients are bound by confidentiality obligations no less stringent than those contained in this clause.

13.4 Church Studios will use any personal data provided by the Client as set out in our .
INTELLECTUAL PROPERTY

14.1 Ownership of Recordings. Unless otherwise agreed in writing, all rights, title, and interest in the Recordings created during the Booking shall vest in the Client upon full payment of all fees due to Church Studios. Until such payment is received as cleared funds, Church Studios is entitled to full ownership of the Recordings.

14.2 Pre-Existing Intellectual Property. Each party retains ownership of any intellectual property (including trademarks, copyrights, and proprietary materials) that existed prior to the Booking. Nothing in this Agreement shall transfer or grant any rights in such pre-existing intellectual property, except as expressly agreed in writing.

14.3 Session Materials & Work-in-Progress. All Session Footage, raw audio files, stems, and rough mixes remain the property of Church Studios unless agreed otherwise in writing. The Client shall have no rights to unfinished Recordings or work-in-progress materials unless explicitly granted by Church Studios.

14.4 Church Studios Branding & Trademarks. The Client shall not use the name, logo, Trademarks, or branding of Church Studios in any promotional or commercial materials without prior written consent.

14.5 Use of Studio Contributions. If Church Studios personnel, engineers, or affiliated musicians contribute creative elements (such as production, arrangement, composition, or instrumentation) to a Recording, the parties shall agree in writing on the applicable rights, credits, and compensation before commercial release. In the absence of such agreement, Church Studios personnel shall be entitled to credit in line with industry standards.

14.6 Moral Rights & Credits. The Client agrees to ensure that all individuals contributing to a Recording at Church Studios are credited appropriately, Church Studios can provide guidance on crediting upon request. Church Studios reserves the right to be credited where applicable.

14.7 Publicity Rights. The Client grants Church Studios the right to use the Client or Client’s artists name, logo, and image on Church Studios’ website, social media channels, and within the Studio Building solely for the purpose of publicising the Client’s use of the Studio. This right is granted on a limited, non-exclusive basis unless the Client expressly notifies Church Studios in writing that they do not wish to be featured.

14.8 Third-Party Rights & Clearances. The Client warrants that they have obtained all necessary rights, licences, and permissions for any third-party content (such as samples, backing tracks, or external recordings) incorporated into the Recording. The Client agrees to indemnify Church Studios against any claims arising from unauthorized use of third-party intellectual property.
FILMING AND PHOTOGRAPHY

15.1 The Client shall not, and shall ensure that the Client’s Representatives do not, photograph or film any part of the Studio Building except as expressly permitted in this Agreement or the Confirmation Email or with prior written consent from Church Studios.

15.2 The Client may photograph and/or record Session Footage within the Studio solely for non-commercial, personal use, provided that:

15.2.1 Ownership of Rights – All copyright and related rights in the Session Footage shall vest in Church Studios. To the extent any such rights initially vest in the Client, the Client assigns all present and future rights in the Session Footage to Church Studios.

15.2.2 Waiver of Rights – The Client waives (and shall ensure that the Client’s Representatives waive) any and all moral rights and performer’s rights in the Session Footage.

15.2.3 Provision of Copy – The Client shall provide Church Studios with a copy of the Session Footage upon request.

15.2.4 Additional Permissions Required – If the Client or the Client’s Representatives wish to: (i) use the Session Footage for any purpose beyond what is expressly permitted under this Agreement; and/or (ii) photograph or film any part of the Studio Building beyond the Studio itself, the Client must submit a written request to Church Studios for approval before proceeding.

15.3 Broadcast Productions. Where the Client is using the Studio for the purposes of filming, photographing or recording a television programme, series, film, or other audio-visual production intended for broadcast or distribution (a “Production”), the following provisions shall apply:

(d) Church Studios grants to the Client the right to enter upon such areas of the Studio and Studio Building as is set out in the Confirmation Email (“Applicable Studio Areas”) with the Client’s production crew and equipment, in each case to the extent that production crew and equipment have been expressly set out on the Confirmation Email, and to film, photograph, and record the interior, exterior, and contents of the Applicable Studio Areas as reasonably required for the Production.

(e) Subject to clause 7.2 (Church Studios’ lien), all rights in the films, photographs, and recordings made and/or taken by the Client at the Studio shall vest in the Client.

(f) Save as otherwise expressly agreed with the Client in writing, Church Studios is permitted to take photographs and/or make audio or audio-visual recordings of the Client’s use of the Studio, Materials or Recordings for Church Studios’ internal and/or marketing purposes.
CHURCH STUDIOS LIABILITY

16.1 The Client acknowledges that its use of the Studio is entirely at its own risk. To the fullest extent permitted by law, Church Studios, its parent companies, subsidiaries, affiliates, owners, officers, managers, agents, and employees shall not be liable to the Client for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including, without limitation, loss of profits, goodwill, business opportunities, data, or other intangible losses), whether arising in contract, tort (including negligence), strict liability, or otherwise, in connection with the Client’s use of the Studio, even if Church Studios has been advised of the possibility of such damages or losses.

16.2 This limitation of liability applies:

(a) whether the damage arises from the use, misuse, or inability to use the Studio (including damages incurred by third parties); and

(b) regardless of any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

16.3 Limitation of Church Studios' Liability. If the Client suffers any loss or damage directly resulting from the negligence, breach of contract, or statutory duty of Church Studios, then (except in cases of death or personal injury caused by Church Studios' negligence) Church Studios’ total liability shall be limited to the Maximum Liability specified in this Agreement, in respect of all claims arising from or related to this Agreement.

16.4 Exclusion of Other Warranties and Liabilities. Church Studios’ liability under this Agreement is exclusive of all other liability, whether in contract, tort (including negligence), or otherwise. All other conditions, warranties, and representations, whether express or implied (including by statute, common law, or otherwise), are expressly excluded to the fullest extent permitted by law.

16.5 Reasonableness of Liability Limits. The Client acknowledges and agrees that the limitations and exclusions of liability in this Agreement are reasonable and proportionate, given:

(a) the Booking Fee and nature of the services provided;

(b) the Client’s own responsibility for insurance and risk management; and

(c) the resources available to each party to meet any potential liability.

16.6 Consumer Rights. Nothing in this Agreement shall affect the statutory rights of any Client who is a consumer (as defined under applicable laws, including but not limited to the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982, the Sale and Supply of Goods Act 1994, or the Consumer Rights Act 2015).
FORCE MAJEURE

17.1 Notwithstanding any other provision of this Agreement, Church Studios shall not be liable for any failure or delay in performing its obligations under this Agreement due to an event of Force Majeure. Upon notifying the Client of such an event, Church Studios shall be granted a reasonable extension of time to fulfill its obligations.

17.2 For the purposes of this Agreement, Force Majeure means any event beyond the reasonable control of Church Studios, including but not limited to: acts of God; explosions; floods; storms; fires; natural disasters; war or threat of war; sabotage; insurrection; civil disturbance; governmental actions, restrictions, regulations, by-laws, prohibitions, or measures of any kind; embargoes or import/export restrictions; strikes, lock-outs, industrial disputes (whether involving Church Studios’ employees or third parties); shortages of raw materials, labour, fuel, or equipment; power failures; or breakdowns of plant or machinery.
GENERAL

18.1 In the event of any inconsistency between these Conditions and the terms and conditions of the Studio, these Conditions shall prevail to the extent of such inconsistency.

18.2 If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If modification is not possible, the relevant provision shall be deemed deleted, and the remaining provisions shall continue in full force and effect.

18.3 The Client shall ensure that neither the Client nor any of the Client’s Personnel shall represent themselves as an agent of, or pledge the credit of, Church Studios.

18.4 This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements, negotiations, or understandings, whether written or oral. Neither party shall be bound by any statements, representations, or warranties not expressly set out in this Agreement.

18.5 No modification, amendment, or waiver of any provision of this Agreement shall be valid unless made in writing and signed by both parties. Any requested changes to a Booking by the Client will only be effective if expressly approved in writing by Church Studios. Church Studios reserves the right, at its sole discretion, to decline any changes.

18.6 No failure or delay by either party in exercising any right or remedy under this Agreement shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.

18.7 This Agreement does not and is not intended to confer any rights or benefits on any person who is not a party to it, nor grant any such person the right to enforce any provision under the Contracts (Rights of Third Parties) Act 1999.

18.8 Any notice required under this Agreement shall be in writing and deemed properly served if delivered by hand, sent by email (with proof of transmission), or sent by post (with proof of postage). Notices sent by recorded delivery shall be deemed received within two (2) working days of posting. Notices must be sent to the address or email specified in the Confirmation Email or such other address as may be notified in writing by either party.
DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION

19.1 In the event of a dispute, the parties shall first seek to resolve the matter amicably through good-faith negotiations. If the dispute remains unresolved for fifteen (15) days following written notice from either party, the parties agree to attempt resolution through mediation before initiating litigation. The mediation shall take place in London, England, and shall be conducted in accordance with the rules of the Centre for Effective Dispute Resolution (CEDR).

19.2 If mediation does not result in a resolution within thirty (30) days, either party may initiate legal proceedings in accordance with Clause 19.3. Notwithstanding the foregoing, nothing in this Agreement shall prevent either party from seeking immediate injunctive relief, specific performance, or any other equitable remedy in any jurisdiction to prevent irreparable harm or to protect its rights, including but not limited to intellectual property rights and confidentiality obligations.

19.3 This Agreement, and any disputes or claims (whether contractual or non-contractual) arising out of or in connection with its subject matter, formation, or performance, shall be governed by and construed in accordance with English law. The parties agree that the English courts shall have exclusive jurisdiction over such disputes or claims.