These Terms and Conditions govern all bookings, studio hire and related services supplied by ELEMENT MUSIC s.r.o., Company ID 14071631, VAT ID CZ14071631, with its registered office at Vinohradská 938/37, 120 00 Prague 2, Czech Republic (the Company). They form part of every Booking and should be read together with the applicable quotation, booking confirmation and invoice.
1 Scope and Definitions
1.1 These Terms apply to recording, rehearsal, production, editing, mixing, mastering, podcast, voice-over, filming, content creation, equipment use and any other service supplied by the Company at its premises or elsewhere.
1.2 In these Terms, Booking means the agreement for a Session and the Services described in the Booking Confirmation; Booking Confirmation means the Company’s written confirmation, including confirmation by email; Client means the person or organisation making the Booking; Client Personnel means every artist, producer, engineer, contractor, guest or other person attending or participating at the Client’s request; Deliverables means the files, recordings, exports or other outputs expressly identified in the Booking Confirmation; Fees means the charges for the Booking, including approved additional charges and third-party costs; Session means the booked date and time; and Studio means the rooms, facilities and equipment made available by the Company.
1.3 A Consumer is an individual acting outside their trade, business or profession. A Business Client is any Client who is not a Consumer. Provisions stated to apply only to Business Clients do not apply to Consumers.
1.4 If the Booking Confirmation expressly conflicts with these Terms, the Booking Confirmation prevails only in relation to that conflict. No terms supplied by the Client apply unless the Company expressly accepts them in writing.
2 Booking and Formation of Contract
2.1 The Company may hold a requested date provisionally. A provisional hold is not a confirmed Booking and may be released if the deposit is not received by the deadline stated by the Company.
2.2 Unless the Company agrees otherwise in writing, a Booking becomes binding when the Company has received the required deposit in cleared funds and has issued a Booking Confirmation. If the Client asks the Company to begin Services before formal confirmation, the contract is formed when the Company begins those Services.
2.3 By confirming a Booking, making a payment or instructing the Company to begin Services, the Client accepts these Terms and confirms that the information supplied for the Booking is accurate and complete.
2.4 The person making the Booking must be at least 18 years old and must have authority to bind the Client and to give instructions on behalf of all Client Personnel. The Client remains responsible for all obligations under the Booking.
2.5 The Booking covers only the dates, times, rooms, equipment, personnel, Services and Deliverables stated in the Booking Confirmation. Any change or additional requirement is subject to availability and may result in additional Fees.
2.6 The Client must provide all reasonably requested technical information, attendance numbers, accessibility requirements and details of Client equipment sufficiently in advance. The Company is not responsible for delay, reduced Session time or additional cost caused by incomplete, inaccurate or late information from the Client.
2.7 The Company does not guarantee the availability of any particular engineer, producer or staff member. It may appoint a suitably qualified replacement. A personnel change does not by itself entitle the Client to cancel, reschedule or receive a refund.
3 Fees Invoices and Payment
3.1 The Fees and currency are stated in the quotation or Booking Confirmation. Prices are inclusive or exclusive of VAT as expressly stated, and VAT will be charged where applicable.
3.2 Following provisional acceptance of the requested date, the Company will issue an invoice or payment request for a deposit equal to 50% of the Booking Fee. After the deposit has been received and the Booking confirmed, the Company will issue an invoice for the remaining 50% balance. Where required by applicable tax law, the Company will issue the relevant tax document for an advance payment.
3.3 The remaining 50% of the Booking Fee must be paid in cleared funds no later than 48 hours before the scheduled Session start time. If a Booking is made less than 48 hours before the Session, the full Booking Fee is payable immediately upon invoice, unless the Company agrees otherwise in writing.
3.4 For a pre-approved account, the Company may agree in writing that invoices are payable by the due date shown on the invoice. This clause overrides advance payment requirements only to the extent expressly agreed.
3.5 Overtime, additional Services, consumables, transport, equipment hire, file retrieval and third-party costs requested or approved by the Client may be invoiced separately and are payable by the due date stated on the invoice.
3.6 The Client is responsible for all bank, intermediary, transfer and currency conversion charges. The Company must receive the full invoiced amount in the invoiced currency.
3.7 If any amount is overdue, the Company may suspend the Booking or Services, refuse access to the Studio, withhold Deliverables and charge statutory default interest and reasonable recovery costs to the extent permitted by law. The Client must pay any undisputed amount when due even if another amount is disputed.
3.8 Payment through a third-party payment or finance provider is subject to that provider’s terms and does not reduce the Client’s obligation to pay the Company in full.
4 Cancellation Rescheduling
4.1 The deposit reserves the Session and is non-refundable once the Booking is confirmed, except where these Terms or mandatory law expressly require a refund.
4.2 If the Client cancels more than 48 hours before the scheduled Session start time, no further Booking Fee is payable, but the Company will retain the deposit and any approved non-recoverable third-party costs already incurred.
4.3 The Client may request one rescheduling more than 48 hours before the scheduled Session start time. Rescheduling is subject to availability and written confirmation. The deposit will be applied to the replacement date. Any increase in the price or scope of the replacement Booking is payable by the Client.
4.4 A cancellation or rescheduling request received within 48 hours of the scheduled Session start time will result in a charge of 100 per cent of the Booking Fee, together with any approved non-recoverable third-party costs.
4.5 Failure to attend without cancellation is a no-show and will result in a charge of 100 per cent of the Booking Fee. Bookings are non-transferable unless the Company agrees otherwise in writing.
4.6 Cancellation and rescheduling requests must be sent to info@elementmusic.eu and take effect when received by the Company. Contractual cancellation rights under this clause are separate from any mandatory rights available to a Consumer.
4.7 If the Company cancels a Booking for a reason not caused by the Client and cannot provide a reasonably suitable replacement date accepted by the Client, it will refund Fees paid for the Services not provided. This is subject to clauses 15, 16 and 18.
5 Session Time Late Arrival and Overtime
5.1 A standard studio day is eight hours unless otherwise agreed in writing. Session time begins and ends at the times stated in the Booking Confirmation.
5.2 Setup, line checks, soundchecks, equipment changes, breaks requested by the Client, file preparation and Session wrap-up form part of the booked Session time unless otherwise agreed.
5.3 If the Client or any Client Personnel arrives late, the Session will still end at the booked time. Late arrival does not entitle the Client to additional time, a discount, a refund or free rescheduling.
5.4 Any extension or overtime requires the Company’s approval and is subject to staff and Studio availability. Approved overtime is charged at the Company’s applicable rate.
5.5 A Session finishing after 11 pm may require taxi transport for Company personnel because of limited public transport. The reasonable cost will be charged to the Client where notified or reasonably necessary.
6 Studio Use Conduct and Safety
6.1 The Client and all Client Personnel must follow the Company’s reasonable instructions, Studio rules, security requirements, fire and evacuation procedures and health and safety requirements at all times.
6.2 Smoking and vaping are prohibited inside the Studio and all internal or shared areas of the building. Illegal substances, weapons and dangerous, unlawful or disruptive items are prohibited. Alcohol may be consumed only with the Company’s prior approval.
6.3 Food and drink must be kept away from equipment and used only in permitted areas. The Client is responsible for damage caused by spills, misuse or failure by Client Personnel to follow instructions.
6.4 The Company may refuse entry, restrict access or end a Session immediately if conduct is unsafe, abusive, threatening, unlawful or materially disruptive, or if the Client breaches these Terms. Where the action results from the Client’s breach, no refund or Session extension is due and outstanding Fees remain payable, subject to mandatory law.
6.5 The Client must not access restricted areas, connect equipment to Studio systems, move installed equipment or change technical settings without the approval of Company personnel.
7 Guests and Minors
7.1 Attendance is limited to persons directly involved in the Booking and any additional guests approved by the Company. The Company may set a maximum attendance number and may refuse entry to or remove any person whose presence affects safety, confidentiality or Studio operations.
7.2 The Client is responsible for the acts and omissions of all Client Personnel and must ensure that they comply with these Terms.
7.3 A person under 18 years old may attend only while accompanied by a parent or legal guardian, or by an adult authorised in writing by a parent or legal guardian. The parent or legal guardian remains responsible for the minor and confirms authority to consent to the minor’s attendance, participation and recording.
7.4 The Company provides the booked Studio Services only. It does not provide supervision, childcare, chaperoning or safeguarding services for minors.
8 Client Equipment and Property
8.1 The Client is responsible for the safety, suitability, compatibility, lawful use and insurance of all equipment, instruments, media and other property brought to the Studio by Client Personnel.
8.2 The Company is not responsible for loss of or damage to Client property except to the extent directly caused by the Company’s breach of contract, negligence or other liability that cannot lawfully be excluded.
8.3 The Client is responsible for loss of or damage to the Studio, building or Company equipment caused by the Client or Client Personnel, excluding fair wear and tear. The Company may invoice the reasonable cost of inspection, repair or replacement.
8.4 The Client must remove its property at the end of the Session. Property left behind is held at the Client’s risk and may incur reasonable storage or return costs. If property remains uncollected for 30 days after written notice, the Company may dispose of it to the extent permitted by law.
9 Services Deliverables and Approval
9.1 The Company will provide the agreed Services with reasonable care and skill, using suitable equipment and appropriately qualified personnel.
9.2 The Company is responsible only for the Services and Deliverables expressly stated in the Booking Confirmation. Raw multitrack files, complete project files, alternate versions, stems, edits, transfers and revisions are not included unless expressly stated.
9.3 The Client directs and approves the creative and technical work during the Session and is responsible for deciding whether Deliverables are suitable before commercial release, manufacture, broadcast or other exploitation.
9.4 The Client must inspect Deliverables promptly and notify the Company in writing of any apparent defect within five business days after delivery. The Company must be given a reasonable opportunity to investigate and, where the Company is responsible, correct or re-perform the affected work. This clause does not limit mandatory Consumer rights or claims concerning a latent defect that could not reasonably have been identified within that period.
9.5 Changes requested after approval, or work outside the agreed scope, may be treated as additional Services and charged accordingly.
10 Files Delivery Storage and Data Loss
10.1 The Company may deliver files through a download link, cloud transfer service, storage device or another agreed method. Delivery occurs when the files or access instructions are sent to the contact details provided by the Client.
10.2 The Company will store available Session files for at least 30 days from the later of the final booked Session or delivery of the Deliverables. Storage after that period is not guaranteed, and files may be permanently deleted without further notice as part of routine data management.
10.3 The Client must download, verify and maintain at least one independent backup of all delivered files. The Company is not an archive or long-term storage provider unless a separate written storage agreement is made.
10.4 The Client must retain usable backup copies of all pre-existing recordings, media and data supplied to the Company. All recording, storage and transfer involves technical risk, and the Company does not guarantee that data loss or corruption can always be prevented.
10.5 The Company will take reasonable care of files while they remain under its control. If a defect or loss results from a matter for which the Company is responsible, the Company will use reasonable efforts to restore, correct or re-perform the affected work. Any further liability is subject to clause 18.
10.6 File retrieval, restoration, conversion, export, transfer, revision and backup work performed outside booked Session time may be charged as additional Services.
11 Intellectual Property and Client Materials
11.1 The Client retains all rights it already owns in materials supplied to the Company. The Client warrants that it has all rights, licences, consents and permissions required to record, reproduce, edit, perform, distribute and otherwise use those materials and the contributions of Client Personnel.
11.2 The Client is responsible for clearing samples, compositions, lyrics, performances, images, trademarks and all other third-party material. The Company is not responsible for investigating ownership or obtaining permissions unless expressly engaged to do so in writing.
11.3 Until all sums due for the Booking have been paid in cleared funds, the Company may retain and withhold delivery of the Deliverables and Session files.
11.4 Payment or delivery of recorded material does not by itself transfer copyright, performers’ rights, moral rights, rights in a sound recording or any other intellectual property right. Those rights remain with the persons entitled to them under applicable law or under a separate written agreement. Any assignment or licence from the Company or its personnel must be expressly agreed in writing and takes effect only after full payment.
11.5 The Company retains all rights in its name, logos, trademarks, website content, photographs of the premises, technical systems, templates, software, presets, workflows, know-how and materials created independently of the Client’s Booking. No right to use the Company’s branding or imply its endorsement is granted without prior written consent.
11.6 A Business Client shall indemnify the Company against reasonable third-party claims, losses and legal costs arising from the Business Client’s breach of clauses 11.1 or 11.2, unlawful content or exploitation of the Deliverables, except to the extent caused by the Company. A Consumer remains responsible to the extent provided by applicable law.
12 Confidentiality
12.1 Each party must keep confidential any non-public commercial, creative, technical or personal information received from the other in connection with a Booking and must use it only to perform or receive the Services.
12.2 The Company may disclose confidential information to personnel, contractors, professional advisers, insurers and service providers who need it for the Booking and are subject to appropriate confidentiality obligations, or where disclosure is required by law or a competent authority.
12.3 Confidentiality does not apply to information that is public through no breach of these Terms, was lawfully known already, is received lawfully from a third party without restriction or is independently developed.
12.4 Clients requiring enhanced confidentiality, special security arrangements or a project-specific non-disclosure agreement must notify the Company before disclosing sensitive material or confirming the Booking. Any agreed additional measures may affect the Fees.
13 Photography Filming and Publicity
13.1 The Client and Client Personnel may not photograph, film, livestream or otherwise record the Studio or Session without the Company’s prior consent, which may be given by email or by authorised Company personnel at the Studio.
13.2 Where consent is given, reasonable behind-the-scenes content may be used for the Client’s own personal or promotional social media purposes, provided it does not identify another client, reveal confidential information, interfere with the Session, show restricted areas or imply endorsement by the Company. Professional shoots, advertising campaigns, location filming and other commercial uses require a separate written agreement and may incur additional Fees.
13.3 The Client must obtain the consent of every identifiable person included in Client footage and must respect the rights of Company personnel, other clients and third parties.
13.4 The Company will not use identifiable photographs, video or audio of the Client or Client Personnel for the Company’s marketing, advertising or publicity without prior informed consent from the relevant person or their authorised representative. A parent or legal guardian must provide consent for a minor. Any consent will be managed in accordance with applicable law and the terms of the relevant release or consent form.
13.5 Consent under this clause does not override confidentiality obligations or grant either party ownership of the other party’s intellectual property.
14 Sound Levels and Hearing Safety
14.1 The Client acknowledges that prolonged exposure to high sound levels can damage hearing. Client Personnel are responsible for using appropriate hearing protection and informing Company personnel of any relevant sensitivity or limitation.
14.2 The Company may monitor, reduce or limit sound levels and may pause a Session where reasonably necessary to protect health, comply with legal requirements or protect equipment and the premises. No claim may be made for reasonable action taken for these purposes.
15 Studio Breakdown
15.1 Studio Breakdown means a failure, fault or unavailability of the Studio, essential Company equipment or essential services under the Company’s control that materially prevents the agreed Session from proceeding.
15.2 The Company will use reasonable efforts to correct a Studio Breakdown. If the affected part of the Session cannot proceed, the Company may offer equivalent replacement time, a credit or a refund of the proportion of the Booking Fee attributable to the Services not provided.
15.3 Subject to clause 18 and mandatory law, the remedies in clause 15.2 are the Client’s sole remedies for a Studio Breakdown.
16 Force Majeure
16.1 Neither party is liable for delay or failure to perform caused by an event beyond its reasonable control, including fire, flood, severe weather, epidemic, government restriction, industrial action, civil disturbance, failure of utilities or telecommunications, transport disruption or failure of essential third-party services.
16.2 The affected party must notify the other as soon as reasonably practicable and take reasonable steps to reduce the effect of the event. Obligations affected by the event are suspended for its duration.
16.3 If the affected Services cannot be provided within a reasonable time, the Company will offer rescheduling, a credit or a refund of prepaid Fees for the Services not provided, less any non-recoverable third-party cost expressly approved by the Client. The Company is not responsible for the Client’s travel, accommodation, lost opportunity or other consequential cost, subject to mandatory law.
17 Suspension Termination and Future Bookings
17.1 The Company may suspend Services, withhold Deliverables or terminate a Booking immediately if the Client does not pay when due, commits a serious or repeated breach, creates a safety or security risk, acts unlawfully or behaves abusively or disruptively.
17.2 Where termination results from the Client’s breach, the Client remains liable for Fees already due, the applicable cancellation charge and reasonable costs caused by the breach, subject to mandatory law.
17.3 The Company may refuse future Bookings where there has been non-payment, unsafe or abusive behaviour, repeated lateness, material breach or material disruption to Studio operations, provided that it acts lawfully and without unlawful discrimination.
18 Liability
18.1 Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or damage caused intentionally or through gross negligence where applicable.
18.2 For a Business Client, the Company’s aggregate liability arising from a Booking, whether in contract, tort or otherwise, is limited to the total Fees paid or payable for that Booking. The Company is not liable to a Business Client for indirect or consequential loss, loss of profit, revenue, anticipated savings, business, opportunity, goodwill or reputation.
18.3 The Company is not liable for a failure caused by inaccurate instructions, unlawful or defective Client materials, incompatible Client equipment, acts or omissions of Client Personnel, or a third party engaged directly by the Client.
18.4 For a Consumer, the Company is responsible for loss caused by its breach of contract or failure to use reasonable care and skill only to the extent required by mandatory law. The Company is not responsible for business losses suffered by a Consumer.
18.5 The Client should maintain appropriate insurance for valuable equipment, recordings, cancellation risk and any commercial project dependent on the Booking.
19 Personal Data
19.1 The Company processes personal data for booking administration, payment, security, service delivery, legal compliance and related legitimate business purposes in accordance with applicable data protection law and its Privacy Notice.
19.2 The Client must ensure that it is entitled to provide personal data relating to Client Personnel and that those persons receive any information required by law. Photography and publicity consent is governed separately by clause 13.
20 Consumer Rights and Complaints
20.1 Nothing in these Terms restricts any mandatory right or remedy available to a Consumer. If a Consumer has a statutory right to withdraw from a distance contract, that right applies as required by law and is separate from the contractual cancellation policy in clause 4.
20.2 If a Consumer asks the Company to begin Services during any applicable withdrawal period, the Consumer expressly requests early performance and acknowledges that the Consumer may be required to pay for Services already supplied and may lose the withdrawal right once the Services have been fully performed, to the extent permitted by law.
20.3 Complaints should be sent to info@elementmusic.eu. The Company will acknowledge and handle a Consumer complaint within the period required by applicable law.
21 General Terms
21.1 The Company may use employees and suitably qualified contractors to provide the Services. The Client may not assign or transfer a Booking without the Company’s prior written consent.
21.2 These Terms and the Booking Confirmation constitute the entire agreement concerning the Booking. For a Business Client, they replace prior discussions or representations, without excluding liability for fraud. Mandatory Consumer rights are unaffected.
21.3 A failure or delay in enforcing a right is not a waiver. If any provision is invalid or unenforceable, it will be adjusted or removed only to the minimum extent necessary, and the remaining provisions continue in effect.
21.4 A change to a confirmed Booking or these Terms is binding only if agreed in writing by the parties. The Company may update these Terms for future Bookings; the version accepted when a Booking is confirmed applies to that Booking unless a change is required by law.
21.5 Any notice under a Booking must be sent by email to the address stated in the Booking Confirmation or to info@elementmusic.eu. A notice is effective when received, except that an email received outside normal business hours may be treated as received on the next business day unless these Terms state otherwise.
21.6 These Terms and each Booking are governed by the laws of the Czech Republic. The courts of the Czech Republic have jurisdiction, without depriving a Consumer of any mandatory protection or jurisdiction available under applicable law.
21.7 No person other than the Company and the Client may enforce the Booking unless these Terms expressly provide otherwise.
22 Contact and Effective Date
22.1 ELEMENT MUSIC s.r.o., Vinohradská 938/37, 120 00 Prague 2, Czech Republic. Company ID 14071631. VAT ID CZ14071631. Email info@elementmusic.eu. Website elementmusic.eu.
22.2 These Terms are effective from 23 September 2026 and apply to Bookings confirmed on or after that date.