General Terms and Conditions

These General Terms and Conditions govern all contracts between me, Fabian Günther, Tonstudio Leipzig REC, and you as the client.

They apply to my services and offers for musicians, artists, singers, rappers, speakers, podcasters, creatives and private projects. This includes in particular:

• Recording and audio recordings
• Vocal recordings, rap recordings and voice recordings
• Music productions, beat productions and creative song work
• Mixing and mastering
• Podcast recordings, voice over and creative sound production
• Coaching, workshops and creative studio services on site or online

These Terms apply to private and creative bookings. If you expressly book as a company, agency, public authority, institution or commercial client, separate conditions or individual agreements may apply.

Deviating terms apply only if I expressly confirm them in writing. The contract language is German. German law applies.

These Terms are intended to provide clear and fair rules for the cooperation. They protect the organizational processes of my studio as well as the rights and obligations of both parties.

1.1 A contract is formed when you accept a written or electronic offer from me and I confirm the acceptance in writing or electronically, or when you book a service in a binding way through my website or online shop and receive a booking confirmation.

1.2 My offers are subject to change and are non binding. As long as no contract has been formed, I may adjust, update or withdraw offers at any time.

1.3 Oral or telephone agreements are binding only if I subsequently confirm them in writing or electronically.

1.4 I may refuse orders, especially if:

• Your project violates applicable law
• You do not have sufficient rights to beats, samples, lyrics, recordings or other materials
• The implementation is not technically or organizationally reasonable
• You harass me or persons present, or treat them in a grossly disrespectful way
• There is a risk to the studio, equipment, me, you or third parties
• Outstanding payments from previous bookings exist

1.5 I may refuse or terminate orders if their performance is unlawful, unsafe or technically unreasonable.

1.6 Repeated misconduct, grossly inappropriate behavior or disregard of these Terms or the house rules may result in an ongoing order being terminated or further cooperation being refused.

1.7 I may accept orders in part, adjust them or suggest alternatives if this is necessary in order to implement your project reasonably, safely and fairly.

1.8 I am not obliged to accept or continue contracts if you provide false or incomplete information or do not fulfill your duties to cooperate despite being requested to do so.

2.1 The exact scope of services results from the respective service description, an offer, an individual agreement or the booking on my website or in my online shop. Individual productions, additional edits, special file formats, urgent requests and special creative requirements are charged separately unless they are expressly included.

2.2 If external service providers, software, platforms or technical services are used for individual services, I remain your contractual partner.

2.3 I am liable for errors, delays or failures of external cloud services, software providers, payment providers, streaming services or other platforms only within the framework of the statutory provisions and only to the extent that the cause lies within my direct area of responsibility.

2.4 You are responsible for ensuring that all technical requirements for uploads, publications, streaming platforms or other publication channels requested by you are met. Rejections, delays or additional edits for these reasons may lead to additional effort.

2.5 I may refuse services if your requirements are unclear, unlawful or technically impossible to implement.

2.6 For remote productions, online sessions and online coaching, you are responsible for your own hardware, software, plugins, interfaces, power supply, internet connection and data security.

2.7 You are responsible for ensuring that you own or have validly obtained all necessary rights to beats, instrumentals, samples, lyrics, images, videos or other materials.

2.8 If you use third party beats, samples, instrumentals, lyrics or other third party content for your project, you are responsible for ensuring that all required usage rights, licenses and approvals are available.

2.9 I provide my services in the agreed quality and specification. Additional or higher requirements that go beyond the originally agreed scope of services may be charged separately.

2.10 I may adjust services or suggest alternatives if the originally planned implementation is technically, organizationally or legally not possible.

3.1 Contracts apply for the respectively agreed duration or for the duration of the booked project.

3.2 I may terminate a contract for good cause, especially in the event of a serious breach of duty, significant payment default, improper use of studio equipment or violations of house rules or legal provisions.

3.3 appointmentation does not release you from payment obligations and costs that have already arisen and are justified.

3.4 In cases of force majeure or unforeseeable circumstances, such as illness, natural events, power failure or network failure, I may reschedule appointments, adjust orders or terminate contracts in whole or in part, to the extent necessary.

3.5 I may offset advance payments already made against expenses already incurred to an appropriate extent.

3.6 I may suspend orders until due payments have been made or your duties to cooperate have been fulfilled.

3.7 For online services or remote productions, I may adjust technical conditions in order to enable performance, provided this is reasonable for you.

4.1 You provide me with all necessary materials, rights, information, files, access data and approvals in a timely, complete and correct manner.

4.2 Delays caused by missing, incomplete or incorrect materials entitle me to adjust deadlines, charge additional costs or adjust the priority of your order appropriately.

4.3 You are liable for ensuring that all content supplied by you is lawful, complete, correct and legally permissible.

4.4 If justified third party claims arise from your content, you indemnify me against these claims, including necessary legal enforcement costs, to the extent that the claims originate from your area of responsibility.

4.5 I may temporarily or completely refuse the service if you do not fulfill your duties to cooperate despite being requested to do so.

4.6 You may use studio technology, devices or software only according to my instructions. Damage caused by improper use, negligence or intent by you or your accompanying persons is borne by you within the framework of the statutory provisions.

4.7 For recordings with minors, written consent from parents or legal representatives is required.

4.8 You ensure that your content is free of third party rights and does not contain illegal, offensive, discriminatory, extremist or pornographic content.

5.1 The prices from my current price list, my online shop or individually agreed arrangements apply.

5.2 Invoices are due within 7 days from the invoice date unless expressly agreed otherwise.

5.3 I may request appropriate advance payments before the beginning or during production, especially for individual productions, larger projects, urgent requests or increased effort.

5.4 In the event of payment default, I may charge default interest and appropriate reminder costs in accordance with statutory provisions.

5.5 Final results, export files and approvals are generally released only after full payment, unless otherwise agreed in writing.

5.6 Raw files, project data, work files and other intermediate results remain in my possession until full payment and are released only if this has been expressly agreed or is part of the booked service.

5.7 In the event of payment default, I may temporarily suspend services or withhold work results until the matter has been clarified, to the extent that this is appropriate.

5.8 If payment by installments has been agreed, final files and approvals are generally released only after full payment, unless otherwise agreed in writing.

6.1 The price of a booked service includes only what is expressly stated in the respective service description. Depending on the offer, a certain number of revisions or smaller adjustments may be included.

6.2 Post production work is included in the booked service only if it is clearly stated in the offer or description.

6.3 Every additional post production step or every additional change request that goes beyond the booked service is subject to a charge. I charge an appropriate surcharge depending on the scope and effort of the requested change.

6.4 Please review the results sent to you promptly after receipt and provide feedback or change requests as collectively and clearly as possible.

6.5 If approval is useful or required for your project, the respective version is deemed approved as soon as you expressly agree to it or arrange further editing, publication or use on the basis of that version.

7.1 If you book as a consumer in distance selling, you generally have a statutory right of withdrawal under the applicable legal provisions.

7.2 The statutory withdrawal period is generally 14 days from conclusion of the contract. The statutory provisions and the separate withdrawal notice, where required, are decisive.

7.3 The right of withdrawal may expire early for services if I have fully provided the service, you have previously expressly agreed that I begin performance before the expiry of the withdrawal period, and you have confirmed your knowledge that your right of withdrawal expires upon full performance of the contract.

7.4 If you expressly request that I begin the service before the expiry of the withdrawal period, compensation for value may be due in the event of withdrawal for the services already provided up to the time of withdrawal, provided that the statutory requirements for this are met.

7.5 Statutory exceptions to the right of withdrawal, especially for certain services with a fixed appointment or period, remain unaffected.

7.6 Regardless of a statutory right of withdrawal, you may reschedule or cancel an agreed studio appointment free of charge up to 24 hours before the agreed start time, unless otherwise agreed in the respective booking.

7.7 In the event of cancellation less than 24 hours before the appointment, transaction costs or payment provider fees already incurred may be passed on to the extent that they were actually incurred.

7.8 In the event of no show without prior cancellation, appropriate cancellation compensation may arise if the reserved appointment can no longer be assigned elsewhere or costs have already been incurred. You expressly retain the right to prove that no damage or only significantly lower damage occurred.

7.9 If you are prevented from attending at short notice for health reasons and can prove this to me with a medical certificate, I waive cancellation compensation under section 7.8. In this case, the appointment may be rescheduled once to a new appointment without additional costs.

7.10 Services already begun, prepared productions, reserved studio time or individually prepared projects are charged only to the extent to which they have already been provided or bindingly initiated.

8.1 All appointments take place only after prior booking and my confirmation. Spontaneous visits without an appointment are not possible.

8.2 Agreed appointments are binding. Please inform me of appointment changes or cancellations as early as possible in writing or electronically.

8.3 In cases of force majeure, illness, natural events, power failure, network failure or similar events, appointments may be rescheduled, deadlines extended or orders adjusted. In serious cases, I may terminate the contract in whole or in part.

8.4 I am liable for damage or losses caused by appointment rescheduling, force majeure or technical failures only within the framework of the statutory provisions.

9.1 After full payment for the agreed service, you receive the agreed usage rights to the final results of your production. To the extent that I hold transferable rights to services provided by me, I transfer these rights to you within the contractually agreed scope.

9.2 Unless expressly agreed otherwise, you receive comprehensive usage rights to the final results for use, publication, reproduction, distribution and marketing in common media and platforms.

9.3 Third party rights, especially to beats, samples, compositions, lyrics, instrumentals, images, videos or other materials provided by you, are not part of my transfer of rights. You are responsible for clearing these rights.

9.4 Use of your recordings or project excerpts by me for reference or advertising purposes takes place only with your prior express consent.

9.5 Raw files, project files or session data are part of the release or transfer of rights only if this has been expressly agreed or is part of the booked service.

9.6 You ensure that your content does not infringe third party rights, and you indemnify me against justified third party claims to the extent that these arise from your area of responsibility.

10.1 I store project data and recordings within the scope of my operational possibilities for a reasonable period. Unless otherwise agreed, I store project data and recordings within the scope of my operational possibilities for up to 12 months.

10.2 Longer storage or separate archiving may be agreed individually and may be subject to a charge.

10.3 After the agreed or reasonable retention period has expired, data may be deleted.

10.4 I am liable for data loss, failed uploads or incorrect backups only within the framework of the statutory provisions, especially in cases of intent or gross negligence.

11.1 I am liable without limitation in cases of intent, gross negligence and injury to life, body or health.

11.2 In cases of slight negligence, I am liable only for breach of essential contractual obligations. In these cases, liability is limited to the damage typical for the contract and foreseeable at the time of conclusion of the contract.

11.3 Otherwise, my liability is excluded to the extent permitted by law.

11.4 I am liable for damage caused by software, plugins, cloud services, payment providers, streaming services or third party devices only to the extent that such damage was caused within my area of responsibility or where mandatory statutory liability exists.

12.1 Vouchers are valid for 36 months from the date of issue. They cannot be paid out in cash and can be redeemed only within the framework of the statutory provisions.

12.2 You can use credit flexibly for my studio services. It is valid for 36 months.

12.3 You are responsible for careful handling of vouchers and credit. In the event of loss or theft, replacement may take place only if the voucher or credit can be clearly assigned and has not yet been redeemed.

12.4 Vouchers and credit can be redeemed only after appointment arrangement and booking.

12.5 Withdrawal for unused credit is possible only within 14 days after purchase, provided that the law grants a right of withdrawal.

13.1 You and your accompanying persons are obliged to follow my instructions on site.

13.2 Serious violations or disrespectful behavior may result in a session being terminated. Costs already incurred and justified remain unaffected.

13.3 Minors require written consent from a parent or legal guardian. I may request corresponding proof.

13.4 You are liable within the framework of the statutory provisions for damage to studio equipment or rooms caused by you or your accompanying persons.

14.1 Your personal data is processed by me only to the extent necessary for carrying out your order, communication, appointment coordination, invoicing and processing.

14.2 I comply with the provisions of the General Data Protection Regulation and applicable data protection law. You can find details in my Privacy Policy.

14.3 You receive information about offers, news or other advertising by email or comparable electronic channels from me only within the framework of the statutory requirements or on the basis of separate consent, where such consent is required.

14.4 Confidential information that I receive from you is treated confidentially and passed on only if there is a legal obligation or if this is necessary for performance of the contract.

14.5 Unpublished songs, voice recordings, drafts and other sensitive content of your project are treated by me with special confidentiality. Disclosure or public use takes place only to the extent necessary for performance of the contract, legally required or expressly approved by you in advance.

15.1 The Terms included at the time of conclusion of the contract apply to the respective contract, unless an express alternative agreement has been made.

15.2 If a provision of these Terms is invalid, the validity of the remaining provisions remains unaffected. The statutory provision applies instead of the invalid provision.

15.3 German law applies.