General terms and conditions of business

These terms and conditions govern all contracts between me, Fabian Günther, Tonstudio Leipzig REC, and you as a customer.

These terms and conditions apply to my services and offers for musicians, artists, singers, rappers, voice actors, podcasters, creatives, and private projects. This includes, in particular:

• Recording and audio recordings
• Vocal recordings, rap recordings and voice recordings
• Music production, beat production, and creative songwriting
• Mixing and mastering
• Podcast recordings, voiceovers and creative sound design
• Coaching, workshops and creative studio services on-site or online

These terms and conditions apply to private and creative bookings. If you are explicitly booking as a company, agency, authority, institution, or commercial client, separate terms and conditions or individual agreements may apply.

Any differing terms and conditions shall only apply if I expressly confirm them in writing. The contract language is German. German law applies.

These terms and conditions serve to establish a clear and fair framework for our collaboration. They protect the organizational processes of my studio as well as the rights and obligations of both parties.

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

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

1.3 Verbal or telephone agreements are only binding if I subsequently confirm them to you 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 feasible
• you harass me or other people present, or treat me or others with gross disrespect.
• a danger to the studio, equipment, myself, you or third parties is imminent
• outstanding payments from previous bookings exist

1.5 I may refuse or terminate orders if their execution is unlawful, unsafe, or technically infeasible.

1.6 Repeated misconduct, grossly improper behavior, or disregard for these terms and conditions or the house rules may result in the termination of an ongoing contract or the refusal of further cooperation.

1.7 I can partially accept orders, adapt them, or suggest alternatives if necessary to implement your project in a meaningful, safe, and fair way.

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

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2.1 The exact scope of services is defined in the respective service description, a quotation, an individual agreement, or a booking made on my website or in my online shop. Custom productions, additional editing, special file formats, rush requests, and specific creative requirements will be billed separately if not explicitly included.

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

2.3 I am only liable for errors, delays or failures of external cloud services, software providers, payment providers, streaming services or other platforms within the framework of the legal regulations and only insofar as 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 any other publication method you choose are met. Rejections, delays, or additional editing due to these reasons may result in extra work.

2.5 I may refuse services if your requests 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 effectively 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 content for your project, you are responsible for ensuring that all necessary usage rights, licenses and releases are in place.

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

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

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3.1 Contracts are valid for the agreed duration or for the duration of the booked project.

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

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

3.4 In the event of force majeure or unforeseen circumstances, such as illness, natural disasters, power outages or network failures, I may postpone appointments, adjust orders or terminate contracts in whole or in part, as necessary.

3.5 I can offset any advance payments already made against expenses already incurred to a reasonable extent.

3.6 I can suspend orders until outstanding payments have been made or you have fulfilled your obligations to cooperate.

3.7 For online services or remote productions, I can adjust technical conditions to enable execution, provided this is reasonable for you.

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

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

4.3 You are responsible for ensuring that all content you provide is lawful, complete, accurate, and legally permissible.

4.4 Insofar as your content gives rise to legitimate claims by third parties, you shall indemnify me against these claims, including necessary costs of legal action, insofar as the claims originate from your area of responsibility.

4.5 I may temporarily or completely refuse to provide the service if you fail to fulfill your obligations to cooperate despite being requested to do so.

4.6 You may only use studio equipment, devices, or software according to my instructions. Damages caused by improper use, negligence, or intent on the part of you or your companions will be your responsibility in accordance with applicable laws.

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

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

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5.1 The prices listed in my current price list, my online shop, or those agreed upon individually apply.

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

5.3 I may request reasonable advance payments before or during production, especially for custom productions, larger projects, rush orders, or increased effort.

5.4 In case of late payment, I may charge default interest and reasonable reminder fees in accordance with legal regulations.

5.5 Final results, export files and approvals will generally only be released 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 will only be released if this is expressly agreed or is part of the booked service.

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

5.8 In the case of agreed installment payments, final files and approvals will generally only be released after full payment, unless otherwise agreed in writing.

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

6.2 Post-processing is only included in the booked service if it is clearly mentioned in the offer or description.

6.3 Any further editing or additional changes beyond the scope of the booked service will incur a charge. I will charge a reasonable surcharge for this, depending on the extent and complexity of the requested changes.

6.4 Please check the results sent to you promptly upon receipt and share any feedback or change requests with me in a collected and clearly comprehensible manner.

6.5 If approval is useful or necessary for your project, the respective version will be considered approved as soon as you expressly agree to it or initiate further editing, publication or use based on this version.

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7.1 If you book as a consumer via distance selling, you generally have a statutory right of withdrawal in accordance with the applicable legal regulations.

7.2 The statutory withdrawal period is usually... 14 days From the date of conclusion of the contract. The statutory provisions and the separate cancellation policy, insofar as such a policy is required, shall apply.

7.3 The right of withdrawal may expire prematurely for services if I have fully performed the service, you have expressly agreed beforehand that I will begin performance before the end of the withdrawal period, and you have confirmed your knowledge that your right of withdrawal expires upon complete fulfillment of the contract.

7.4 If you expressly request that I begin providing the service before the end of the cancellation period, compensation for the services already provided up to the point of cancellation may be due in the event of cancellation, provided that the legal requirements for this are met.

7.5 Statutory exceptions to the right of withdrawal, in particular for certain services with a fixed agreed date or period, remain unaffected.

7.6 Regardless of any statutory right of withdrawal, you can cancel an agreed studio appointment by the latest 24 hours You can postpone or cancel free of charge before the agreed start date, unless otherwise agreed in the respective booking.

7.7 In the event of a cancellation less than 24 hours before the appointment, any transaction costs or fees already incurred by payment providers may be passed on to the extent that they have actually been incurred.

7.8 In case of no-show without prior cancellation, a reasonable cancellation fee may be charged if the reserved appointment could not be reassigned or if costs have already been incurred. You expressly reserve the right to prove that no damage or only significantly less damage has occurred.

7.9 If you are prevented from attending at short notice due to health reasons and can provide me with a doctor's certificate, I will waive any cancellation fee as per section 7.8. In this case, the appointment can be rescheduled once and without additional costs.

7.10 Services already started, productions already prepared, studio time reserved or individually prepared projects will only be charged to the extent that they have already been provided or bindingly arranged.

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8.1 All appointments are by appointment only and require prior booking and my confirmation. Walk-ins are not possible.

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

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

8.4 I am only liable for damages or losses resulting from postponements, force majeure or technical failures within the scope of the statutory regulations.

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9.1 Upon full payment for the agreed services, you will receive the agreed usage rights to the final results of your production. If I hold any transferable rights to the services I have provided, I will transfer these to you to the extent contractually agreed.

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

9.3 Third-party rights, in particular those relating to beats, samples, compositions, lyrics, instrumentals, images, videos, or other materials you provide, are not included in my transfer of rights. You are responsible for clearing these rights yourself.

9.4 Any use of your recordings or project excerpts by me for reference or advertising purposes will only occur with your prior express consent.

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

9.6 You ensure that your content does not infringe the rights of third parties and indemnify me against legitimate claims by third parties, insofar as these arise from your area of responsibility.

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10.1 I retain project data and recordings for a reasonable period within the scope of my operational capabilities. Unless otherwise agreed, I retain project data and recordings for up to [duration] within the scope of my operational capabilities. 12 months on.

10.2 Longer storage or separate archiving can be arranged individually and may be subject to a fee.

10.3 Data can be deleted after an agreed or reasonable retention period has expired.

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

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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 only liable for breaches of essential contractual obligations. In these cases, liability is limited to the typical, foreseeable damages at the time of contract conclusion.

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

11.4 I am only liable for damages caused by software, plugins, cloud services, payment providers, streaming services or third-party devices if these damages were caused within my area of responsibility or if there is a legally mandatory liability.

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12.1 Vouchers are valid from the date of issue. 36 months Valid. They are not redeemable for cash and can only be used within the framework of legal regulations.

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

12.3 You are responsible for handling vouchers and credit balances carefully. In case of loss or theft, a replacement can only be issued if the voucher or credit balance can be clearly identified and has not yet been redeemed.

12.4 Vouchers and credits can only be redeemed after scheduling an appointment and booking.

12.5 A cancellation of an unredeemed credit balance is only possible within [timeframe]. 14 days Possible after purchase, provided the law provides for a right of withdrawal.

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13.1 You and your companions are required to follow my instructions on site.

13.2 Serious violations or disrespectful behavior may result in the termination of a session. Any legitimate costs already incurred remain unaffected.

13.3 Minors require written consent from a parent or guardian. I may request proof of this.

13.4 You are liable for damage to studio equipment or premises caused by you or your companions, in accordance with the applicable legal provisions.

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14.1 Your personal data will only be processed by me to the extent necessary for the execution of your order, communication, scheduling, invoicing and processing.

14.2 I comply with the provisions of the General Data Protection Regulation (GDPR) and applicable data protection law. You can find details in my privacy policy.

14.3 You will only receive information about offers, news or other advertising via email or similar electronic channels from me within the framework of legal requirements or on the basis of separate consent, insofar as such is required.

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

14.5 I treat unreleased songs, voice recordings, drafts, and other sensitive content from your project with the utmost confidentiality. Disclosure or public use will only occur to the extent necessary for the execution of the contract, as required by law, or if you have given your explicit prior consent.

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15.1 The terms and conditions included at the time of conclusion of the contract apply to the respective contract, unless an express agreement to the contrary has been made.

15.2 Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected. The statutory regulations shall apply in place of the invalid provision.

15.3 German law applies.

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