This Agreement is between the Member and the Proprietor (the Parties) for hire of The Noisefloor sound studio according to the terms specified below. Both parties agree to keep, perform, and fulfil the promises, conditions and agreements expressed herein.
1. PROPRIETOR: The Proprietor of The Noisefloor is: David House, of 125 Great Junction Street, Edinburgh, EH6 5JB. Tel: 07397 902304, email: email@example.com
2. MEMBER: The Member’s details are at the bottom of this document.
The Member shall be required to provide photographic ID before their first Session in the studio. The ID, which is required for security reasons and in lieu of a deposit, shall be copied and stored until it has been determined that the Member is not in breach of any of the terms of this Agreement once the Agreement has been terminated. The Proprietor will not share this ID with any other party unless required to for legal reasons.
3. PREMISES: The Premises are located at The Noisefloor, 125 Great Junction Street, Edinburgh, EH6 8PB
4. TERM: The Member agrees to commit to this Agreement for a Minimum Term of 3 monthly payments, starting from the date of signing. After this period, the Membership Term renews on a rolling, monthly basis on the 1st of each month.
The Member can terminate this Agreement at any point during the Membership Term. However, the Member shall be required to pay all outstanding fees for the remainder of the Membership Term.
If the Member breaks the terms of this Agreement then the Proprietor will seek to recover any remaining fees owed and the Member shall not be permitted to open another Membership Scheme with The Noisefloor. If at any point the Member is in breach of this Agreement the Proprietor has the right to terminate this Agreement without refund of any fees paid.
5. MEMBERSHIP FEE PAYMENT: The Fee is £100 per month (Gold Membership) / £67 per month (Silver Membership), payable via recurring payment on the 1st of the month via Credit or Debit Card.
6. STUDIO CREDIT: Upon clearance of the month’s Membership Fee, the Member shall receive 6 Sessions Credit (Gold Membership) / 4 Sessions Credit (Silver Membership) which can be used to book Sessions at the studio, subject to availability, via the website.
Up to two Sessions can be carried over to the subsequent month, for an account total of 8 Sessions (Gold Membership) / 6 Sessions (Silver Membership).
The Member can change to another Membership Scheme at any point, effective from the next month’s Renewal Date.
7. ACCESS TO PREMISES: The Member is forbidden from subletting out the Premises or granting any outside party access to the Premises. This agreement is based on the assumption that the Member will be working alone on the Premises. Clients and Guests of the Member are exempt, provided that the Member is present at all times and takes full responsibility for the actions and behaviour of their Guests / Clients.
This Agreement does not grant the Member any help or assistance with their work at the Premises, except for technical faults with studio equipment that are not the fault of the Member.
Access to the Premises will be granted to the Member by the Proprietor or one of the Proprietor’s representatives. If The Proprietor or his representitive are not available, the Member will be given the access code for the studio lock. The Member will not leave the Premises unattended without locking the Premises or seeking permission from the Proprietor or the Proprietor’s representative.
8. CONTENTS OF PREMISES: The Member shall be permitted to use the Equipment listed at http://thenoisefloor.co.uk/facilities/, which includes instruments and software, all of which are owned by Proprietor.
The Proprietor does not guarantee that any particular piece of Equipment will be present, available or functioning at any given time. The Proprietor will make every effort to assist with genuine technical faults that are not the fault of the Member. The Proprietor will not be required to assist with any technical faults that are the cause of the Member, or non-technical or creative issues that the Member encounters such as routing or use of software. Online help and manuals are accessible for most Equipment.
The Member may not remove any Equipment or other contents from the Premises. The Member agrees to pay for any damage to Equipment, the structure of the Premises or any other contents caused by Member or Member’s Guests or Clients; reasonable wear and tear excepted.
Reasonable wear and tear shall include minor, aesthetic marks or scratches caused by ordinary use. Reasonable wear and tear shall not include any other form of damage to or devaluation of Equipment, contents or structure of the Premises. The Member agrees to report to The Proprietor all damage, including reasonable wear and tear, immediately upon discovery.
9. CONDITION OF PREMISES: At the end of each Session the Member agrees to surrender the Premises and all Equipment and other items within the Premises in as good a condition as they were at the beginning of the Session, reasonable wear and tear excepted (as defined above).
The Member will be liable to the Proprietor for any other damage occurring to the Premises or its Contents that are caused by the Member or Member’s Guests or Clients at the value dictated by the Proprietor, which will be a fair assessment of the replacement or repair value of the Equipment, contents or structure.
10. CLEANLINESS AND MAINTENANCE: The Member agrees to maintain the Premises in the same clean, orderly and organized condition in which it is turned over to the Member. The Member agrees to pay for third-party cleaning costs in the event that the Premises are not sufficiently maintained by themselves. The Member agrees to follow the General Studio Rules as stated in Section 12.
11. STORAGE AND MODIFICATION: The Member shall be permitted to leave personal equipment within the Premises only upon prior arrangement with Proprietor. While the Premises are secure, any of the Member’s equipment left unattended is done so solely at the Members risk.
The Member may not modify the Premises in any way without first obtaining permission from the Proprietor.
12. General Studio Rules:
- Liquids shall be kept away from all Equipment at all times
- No smoking
- Antisocial, unprofessional or disruptive behaviour may result in you being asked to leave and in extreme cases you won’t be allowed back
- Both the internal and external studio doors must be kept closed at all times when making noise so as not to disturb other building users
- Please take any rubbish with you when you leave
- Please use the ventilation system if the room is getting stuffy, smelly or too hot
- Please switch off vocal booth light, ceiling lights and ventilation when you leave (everything else is automated).
13. SOLE AGREEMENT: The parties hereby agree that this document contains the entire Agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by both parties. Any oral representations made at the time of executing this Agreement are not legally valid, and therefore are not binding upon either party.
14. INDEMNITY: If either the Member or any of their Guests or Clients commits any breach of any of the provisions of this Agreement, he or she shall indemnify and continue to be indeminified to the Proprietor against the same and against all proceeding costs, claims, demands or expenses in respect thereof.
15. GOVERNING LAW: This Agreement is made under the constitution of Scot’s Law.