Terms and Conditions — Studio Recording Services
This Agreement is made between the Client and Brazen Media Ltd, trading as Brazen Studios, a company registered in England and Wales under company number 14229824, whose registered office is at 1-4 Plantain Place, Crosby Row, London, England, SE1 1YN. VAT registration number GB470694567.
The Studio operates from Unit 3A, 1-4 Plantain Place, Crosby Row, London SE1 1YN.
Email: hello@brazenstudios.xyz. Telephone: +44 7383 422011.
Effective Date: 18/08/2026. Version: 5.0.
Scope. This Agreement governs Bookings for studio recording, production and post-production services at the Studio. It does not govern Brazen Media Ltd's agency, brand, digital or consulting engagements, which are contracted separately on their own terms.
1. Definitions and interpretation
In this Agreement, the following capitalised terms have the meanings set out below. In interpreting this Agreement, a defined term shall be substituted by its definition. Words importing the singular include the plural and vice versa. References to clauses are to clauses of this Agreement. Headings are for convenience only and do not affect interpretation.
Administration Charge means the proportion of the Booking Fee retained by the Studio on cancellation, as set out in clause 4.3.
Agreement means these terms and conditions, together with the Booking Confirmation, any Service Order, the House Rules at Schedule 1 and the Guest Release at Schedule 2.
Booking means a reservation of Session time and services made by the Client, confirmed in accordance with clause 3.2.
Booking Confirmation means the written confirmation issued by the Studio to the Client confirming a Booking, setting out the details of the Session, the services to be provided, and the applicable fees.
Booking Fee means the total amount payable by the Client for the services specified in the Booking Confirmation, stated in pounds sterling and exclusive of VAT. VAT is charged in addition at the prevailing rate and is shown separately on the Studio's invoice.
Business Client means a Client who enters into this Agreement wholly or mainly for the purposes of a business, trade, craft or profession.
Client means the individual or entity that enters into this Agreement with the Studio by making a Booking.
Confirmation Deposit means the sum payable to confirm a Booking, as set out in clause 4.2.
Consumer means an individual Client who enters into this Agreement wholly or mainly outside that individual's business, trade, craft or profession.
Control Room means the separate monitoring and mixing room adjacent to the recording studio.
Emergency Alteration means a Service Alteration initiated by the Studio which becomes necessary at short notice as a result of an event outside the Studio's reasonable control, including Equipment failure, power or network outage, illness or unavailability of essential Studio Personnel, damage to or loss of access to the Studio premises, or a Force Majeure Event.
Equipment means all audio, video, lighting, and ancillary hardware and software owned or operated by the Studio and used by Studio Personnel in providing the services. Equipment remains at all times in the possession and control of the Studio.
Extended Retention means a period of storage for Recordings beyond the Standard Retention Period, as described in clause 6.3.2.
Force Majeure Event means any event beyond the reasonable control of a party, including act of God, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil disorder, industrial action, failure of utilities or telecommunications networks, and any act or restriction of a government or regulatory authority.
Guest means any individual who attends the Studio premises in connection with a Client's Session but who is not a party to this Agreement.
House Rules means the rules for conduct on the Studio premises set out at Schedule 1, as amended from time to time and as displayed on the premises.
Personal Data means any information relating to an identified or identifiable individual which the Studio processes in connection with this Agreement, including information provided by the Client, information relating to Guests, and where applicable the content of Recordings.
Recording means any audio or video content captured during a Session using Equipment, including raw files and any derivative works produced by the Studio.
Service Alteration means any change to the agreed scope, format, timing, or components of the services specified in the Booking, whether requested by the Client or initiated by the Studio.
Service Order means any written statement of work, quotation or proposal issued by the Studio and accepted by the Client which describes services in addition to or in place of those described in a Booking Confirmation.
Session means the scheduled period during which the Studio provides services to the Client pursuant to a confirmed Booking. The Session includes setup and packdown time.
Standard Retention Period means the period of 30 days from the date on which the Studio makes the Recording available to the Client, during which the Studio stores the Client's Recordings in accordance with clause 6.3.2.
Studio means Brazen Media Ltd, trading as Brazen Studios, a company registered in England and Wales under company number 14229824, whose registered office is at 1-4 Plantain Place, Crosby Row, London, England, SE1 1YN.
Studio Personnel means the Studio's employees, officers, contractors, freelancers and agents engaged in the provision of services under this Agreement.
UK GDPR means the UK General Data Protection Regulation, as retained in UK law by the European Union (Withdrawal) Act 2018, read together with the Data Protection Act 2018.
Written Notice means any communication required or permitted under this Agreement to be made in writing, delivered by email to the address provided in the Booking Confirmation, and given in accordance with clause 13.
2. Introduction and scope
2.1 By making a Booking, the Client agrees to this Agreement. If the Client does not agree to this Agreement, the Client should not make a Booking.
2.2 This Agreement sets out the respective obligations of the Studio and the Client. Nothing in this Agreement affects the statutory rights of a Consumer.
2.3 This Agreement applies to studio recording and post-production services only. Brand, identity, design, website, application development, research and campaign services are provided under a separate written agreement and are not covered by this Agreement.
2.4 The Client is asked to note in particular clause 4.3 (cancellation and refunds), clause 5.1.2 (responsibility for damage), clause 6.4 (technical failure) and clause 8 (liability), each of which affects the Client's rights and obligations.
3. Services
3.1 Scope of services
The Studio provides professional staffed recording services. Each Session includes the use of the Studio's facilities, the services of Studio Personnel to operate the Equipment, and audio or video recording as specified in the Booking Confirmation. Post-production and editing services are available and are provided under a Service Order or as specified in the Booking Confirmation.
The Client is granted a licence to occupy the Studio premises for the duration of the Session for the purpose of the Booking. This Agreement does not create a tenancy or any interest in land, and does not constitute a hire or bailment of Equipment.
3.2 Booking and confirmation
Bookings must be made in advance and are subject to availability. A Booking is confirmed when the Studio issues a Booking Confirmation following receipt of the Confirmation Deposit in accordance with clause 4.2. No time slot is reserved until a Booking Confirmation has been issued.
Where a Booking is made through a third-party platform, clause 4.3.6 applies.
3.3 Service alterations
3.3.1 Requesting changes. The Client must request any Service Alteration by Written Notice. The Studio may approve or decline a requested Service Alteration having regard to availability, feasibility, and the Studio's operational requirements.
3.3.2 Approval process. On receiving a Written Notice requesting a Service Alteration, the Studio will review the request and notify the Client of its decision. Where the requested changes are approved, both parties must confirm any consequential adjustments in writing.
3.3.3 Modifications by the Studio. The Studio may modify the services offered, including changes to Equipment, software, or the House Rules, where there is a valid reason to do so, including maintenance, replacement or upgrade of Equipment, changes in the Studio's operational requirements, or compliance with law. Any change that would materially affect a confirmed Booking will be communicated to the Client together with alternatives. If no alternative is acceptable to the Client, the Client may cancel the Booking and clause 4.4 (cancellation by the Studio) applies.
3.3.4 Additional services and charges. Requests for additional services or Service Alterations beyond the original scope of a Booking, such as extended Session time, additional Equipment, or additional Studio Personnel, will be accommodated where possible and are subject to availability. The Client will be notified of any additional charges, calculated by reference to the Studio's published rate card, and these must be agreed by Written Notice before the Service Alteration is made.
3.3.5 Cancellation or rescheduling arising from Client alterations. Where a Service Alteration requested by the Client results in the cancellation or rescheduling of a Session, clause 4.3 applies according to the timing of the request.
3.3.6 Impact on quality and outcomes. The Studio will use reasonable endeavours to accommodate Service Alterations without affecting the quality of a Recording. The Client acknowledges that Client-initiated Service Alterations may affect the final outcome. Subject to clause 8, the Studio is not liable for a change in quality or performance resulting directly from a Service Alteration requested by the Client.
3.3.7 Emergency Alterations. In the case of an Emergency Alteration, the Studio will take all reasonable steps to notify the Client promptly and to propose suitable alternatives. Where no alternative is acceptable to the Client, the Booking Fee will be refunded in full.
3.3.8 Documentation of changes. All approved Service Alterations will be recorded in writing and a copy provided to the Client.
3.3.9 Failure to agree. Where the parties are unable to agree proposed Service Alterations following good faith discussion, the Booking will be cancelled. Where the proposed alteration was initiated by the Client, clause 4.3 applies. Where it was initiated by the Studio, clause 4.4 applies.
4. Fees and payment
4.1 Pricing
Fees are as set out in the Studio's published rate card at https://brazenstudios.xyz/studio/ and are confirmed in the Booking Confirmation. All fees are quoted in pounds sterling and are exclusive of VAT, which is charged in addition at the prevailing rate. The Studio's VAT registration number is GB470694567. The Studio may change its published rates at any time, but a change does not affect a Booking already confirmed.
The rates shown on the rate card are minimum rates. The fee applicable to a particular Booking depends on its scope and duration and is the fee stated in the Booking Confirmation, which prevails over the rate card.
4.2 Payment terms
Confirmation Deposit. A Booking is confirmed on receipt of a Confirmation Deposit of 25% of the Booking Fee. The balance is due and payable no later than seven days before the Session, or immediately on booking where the Booking is made fewer than seven days before the Session.
Methods of payment. The Studio accepts card payments, bank transfer, and payment through online platforms. Cash is not accepted.
Overrun. Where a Session runs beyond its scheduled end time, no charge arises for the first 10 minutes. Thereafter the Studio may charge for the overrun in increments of 30 minutes at the hourly rate applicable to the Booking. An overrun must be approved by Studio Personnel before it is incurred and is subject to availability. Overruns cannot be accommodated where a subsequent Booking follows the Client's Session.
4.3 Cancellation by the Client
The following terms apply to cancellation by the Client, including cancellation arising from a Client-requested Service Alteration under clause 3.3.5 or a failure to agree under clause 3.3.9. Where the Client is a Consumer, clause 11 also applies and takes precedence over this clause 4.3 to the extent of any conflict.
4.3.1 Cancellation more than seven days before the Session: full refund of all sums paid, or, at the Client's election, one free reschedule subject to availability.
4.3.2 Cancellation between 48 hours and seven days before the Session: refund of 50% of the Booking Fee. The Studio retains the balance as the Administration Charge.
4.3.3 Cancellation less than 48 hours before the Session: no refund. The Studio retains the full Booking Fee.
4.3.4 Rescheduling: one reschedule is available free of charge if requested by Written Notice more than 72 hours before the Session, subject to availability. Any further reschedule is treated as a cancellation and refunded under clauses 4.3.1 to 4.3.3, calculated by reference to the original Session date.
4.3.5 Where cancellation arises from an Emergency Alteration under clause 3.3.7 or a Force Majeure Event under clause 10, the Client receives a full refund of all sums paid regardless of timing.
4.3.6 Third-party platforms: where a Booking is made through a third-party platform, the cancellation and refund policy of that platform governs the Booking to the extent that it conflicts with this clause 4.3. The Client should review that policy before booking.
4.3.7 Refunds due under this clause are paid to the original payment method within 14 days of the Studio accepting the cancellation.
4.3.8 Late arrival. Where the Client arrives more than 30 minutes after the scheduled start of a Session without having contacted the Studio, the Studio may treat the Booking as cancelled under clause 4.3.3. Where the Client arrives late but within that period, the Session ends at its scheduled end time unless an overrun is agreed under clause 4.2.
4.4 Cancellation by the Studio
4.4.1 Where the Studio cancels a confirmed Booking for a reason other than a Force Majeure Event, an Emergency Alteration, or the Client's breach of this Agreement, the Client receives a full refund of all sums paid.
4.4.2 In addition, where such a cancellation occurs within 48 hours of the scheduled start of the Session, the Studio will provide the Client with a credit equal to 25% of the Booking Fee, applicable against any future Booking and valid for twelve months from the date of cancellation.
4.4.3 This clause does not apply where the Studio terminates under clause 7.2 for the Client's breach, or where cancellation arises from a Force Majeure Event under clause 10 or an Emergency Alteration under clause 3.3.7, in each of which cases the Client's remedy is the refund provided by clause 4.3.5.
4.5 Late payment
4.5.1 Where the Client is a Business Client, interest on any overdue sum accrues in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. The Studio may also claim the fixed sum compensation provided for by that Act and recover its reasonable costs of recovering the debt.
4.5.2 Where the Client is a Consumer, interest on any overdue sum accrues at 4% per annum above the Bank of England base rate, calculated daily from the date the sum became due until payment is received in full.
4.5.3 The Studio may suspend services or withhold delivery of Recordings pending receipt of any overdue payment.
4.6 Payment for post-production and delivery of final files
Where the Studio has been engaged to provide editing or post-production services, delivery of the final un-watermarked Recording is conditional on receipt of payment in full for those services. Until payment has been received and cleared, the Studio will provide the Client with a watermarked preview version for review purposes only.
The watermarked preview may not be published, distributed, or used for any commercial purpose. On receipt of full payment, the Studio will deliver the final un-watermarked Recording within the timeframe stated in the Booking Confirmation or Service Order.
Where payment for post-production services remains outstanding more than 30 days after the due date, the Studio may withhold delivery of the final Recording and terminate this Agreement under clause 7.2. The Studio will retain the Recording for the remainder of the Standard Retention Period and will give the Client not less than 14 days' Written Notice before deleting it. Subject to clause 8, the Studio is not liable for loss or inconvenience arising from delayed delivery resulting from non-payment.
5. Client responsibilities
5.1 Conduct on the premises
5.1.1 General conduct. The Client and Guests must conduct themselves in a respectful and professional manner at all times while on the Studio premises, and must comply with the House Rules at Schedule 1.
5.1.2 Damage to Studio property. The Client and Guests must take reasonable care of the Equipment, furnishings and premises. The Client is responsible for the cost of repair, replacement or additional cleaning arising from damage caused by the deliberate act, negligence or misuse of the Client or a Guest.
Where the Studio intends to charge for such damage, the following process applies.
(a) The Studio will notify the Client by Written Notice within five working days of the Session, describing the damage and stating the amount claimed.
(b) The Studio will provide, on request, photographs of the damage and either a repair quotation or an itemised statement of the replacement cost.
(c) The amount charged will not exceed the reasonable cost of repair or, where repair is not practicable, the reasonable cost of replacement with an item of equivalent specification and condition.
(d) The Client has 10 working days from receipt of the notice to dispute the charge by Written Notice, and the Studio will consider any representations made before taking further steps to recover the sum.
The Studio bears the burden of demonstrating that damage was caused during the Client's Session.
5.1.3 Food and drink. No food or drink may be taken into the recording studio or Control Room except water in sealed containers. This protects sensitive Equipment from spills and contamination. Food and drink may be consumed in the viewing area above the studio, where the Studio offers refreshments and can accommodate catering by arrangement.
Where a Session requires drinks or other items as part of the recording, the Client must obtain the Studio's prior written approval. Approval under this clause does not extend to alcohol, which is prohibited in all circumstances under clause 5.1.6.
5.1.4 Guests and occupancy. The Studio sets an operational maximum of 14 persons on the premises at any time, comprising the Client, Guests and Studio Personnel. This is a limit set by the Studio to ensure that Sessions can be run properly in the space available, and the Studio may reduce it for a particular Booking where the configuration of the Session requires.
Within that limit, the recording studio accommodates up to four Guests, the Control Room accommodates up to two Studio Personnel and two additional visitors, and the designated viewing area above the studio accommodates up to eight additional visitors with live viewing capability.
Where the Client requires more Guests than the recording studio accommodates, the Studio must be notified by Written Notice at least 48 hours before the Session and the Studio's written approval is required.
The Client warrants that it will procure each Guest's compliance with this Agreement and the House Rules, and is responsible to the Studio for the acts and omissions of its Guests as if they were the Client's own.
The Client must ensure that every Guest who appears in a Recording has signed the Guest Release at Schedule 2 before the Session begins. The Studio will provide the form on request and may decline to record any individual who has not signed it.
Guests not involved in the Recording must remain in the designated areas so as not to disrupt the Session and to ensure compliance with safety and occupancy requirements.
5.1.5 Noise and disruption. The Client and Guests must keep noise to a reasonable level outside the recording studio so as not to disturb neighbouring occupiers. Where noise or disruption continues after Studio Personnel have asked the Client to stop, the Studio may terminate the Session under clause 7.2.
5.1.6 Prohibited items and activities. The use of illegal substances, alcohol and tobacco products, including vaping, is prohibited on the premises. Activities that are unlawful or that pose a risk to the safety of individuals or the premises are not permitted, including bringing hazardous materials onto the premises and behaviour that is threatening, violent or abusive.
5.1.7 Supervision and minors. The Client is responsible for supervising Guests at all times. Any Guest under the age of 18 must be accompanied at all times by a responsible adult nominated by the Client, and the Studio may require that adult to be identified in advance of the Session. The Studio does not supervise minors and accepts no responsibility for doing so.
The Studio may require any individual to leave the premises where that individual is in breach of this Agreement or the House Rules, or where their behaviour is disruptive or unsafe.
5.1.8 Health and safety. The Client and Guests must comply with all health and safety requirements while on the premises. In an emergency, the Client and Guests must follow the Studio's evacuation procedures, which are displayed on the premises and explained at the pre-Session briefing.
5.1.9 Personal property. Subject to clause 8, the Studio is not responsible for loss of or damage to personal belongings brought onto the premises by the Client or Guests, and is not responsible for unattended items. The Studio's insurance does not extend to Client or Guest property. Clients are advised to insure their own equipment and valuables.
5.1.10 Breach of the House Rules. Where the Client or a Guest breaches the House Rules or the conduct provisions of this clause 5.1, the Studio may ask the Client to remedy the breach. Where the breach is material and is not remedied, or where it falls within clause 5.1.6, the Studio may terminate the Session under clause 7.2.
5.1.11 Reporting issues. Any issue arising during a Session should be reported to Studio Personnel immediately.
5.2 Use of the Studio and Equipment
5.2.1 Operation of Equipment. Studio Personnel operate the Equipment. The Client and Guests must not operate, adjust, move, reconfigure or disconnect any Equipment except under the direction of Studio Personnel.
5.2.2 Pre-Session briefing. Studio Personnel will provide a briefing at the start of each Session covering the Session plan, the location of facilities and the evacuation procedure. Studio Personnel are available throughout the Session to answer questions and provide technical support.
5.2.3 Care of the premises and Equipment. The Client and Guests must take reasonable care to avoid damage to the Equipment, furnishings and premises, including keeping liquids away from Equipment and not straining or tangling cables. Clause 5.1.2 applies to any damage caused.
5.2.4 Reporting faults. The Client is invited to raise with Studio Personnel any pre-existing damage or fault noticed on arrival. Where Equipment malfunctions during a Session, the Client should notify Studio Personnel immediately. The Client and Guests must not attempt to repair, modify or service any Equipment.
5.2.5 Permitted use. The Studio and Equipment may be used only for the purpose specified in the Booking. The Client must not use the premises or Equipment for any unlawful purpose or to produce content that infringes the rights of a third party.
5.2.6 Equipment reservation and availability. Specific Equipment or Studio configurations should be requested in advance. The Studio will use reasonable endeavours to accommodate requests but availability is not guaranteed for Equipment not requested before the Session. Where a Session is cancelled or rescheduled, any special Equipment arrangements are subject to clause 4.3.
5.2.7 End of Session. At the end of a Session the Client must remove personal items and leave the premises in a reasonably clean and orderly condition. Studio Personnel are responsible for shutting down and storing the Equipment.
5.2.8 Repeated breach. Where a Client repeatedly breaches this clause 5.2 or the House Rules, the Studio may decline to accept future Bookings from that Client.
5.3 Recording content
5.3.1 Client responsibility. The Client is responsible for the content created during a Session. The Client must ensure that all content complies with applicable law and does not infringe the rights of any third party.
5.3.2 Legal compliance. The Client must ensure that Recordings do not contain material that is unlawful, defamatory, or that infringes intellectual property rights. The Client must obtain all necessary permissions, licences and rights for any third-party content used in a Recording, including music, images and text.
5.3.3 Indemnity. Subject to the following paragraph, the Client indemnifies the Studio against all claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising from the content of a Recording.
The indemnity in this clause does not apply where the Client is a Consumer. A Consumer's liability to the Studio under this clause is limited to loss or damage that is a foreseeable result of the Consumer's breach of this Agreement.
5.3.4 No content review. The Studio does not review or approve the content of Recordings and does not monitor content for compliance with legal or ethical standards.
5.4 Preparation and arrival
The Client should arrive at the scheduled start time of the Session. Setup and packdown form part of the Session.
The Client should bring any props required for the Session, and a hard drive if the Client wishes to take files away on physical media. Hard drives are available to purchase from the Studio on prior request at the Studio's then-current retail price, notified to the Client before purchase.
5.5 File handling and transfer
The Studio will confirm the expected delivery time for Recording files in the Booking Confirmation, determined by reference to the recording type, format, quality and resolution, file size and Session length. This may be adjusted once Recordings have been finalised.
Once Recording files have been transferred to the Client or to the Client's storage media, the Client is responsible for the integrity and security of those files. Subject to clause 8, the Studio is not responsible for the loss, corruption or damage of files after transfer. The Studio recommends that files are backed up immediately on receipt.
6. The Studio's responsibilities
6.1 Service quality
The Studio will provide the services with reasonable care and skill and in accordance with industry standards. The Studio does not guarantee any particular creative or commercial outcome. Nothing in this clause limits the Studio's obligation to perform the services with reasonable care and skill, including its obligation to a Consumer under section 49 of the Consumer Rights Act 2015.
6.2 Equipment and facilities
The Studio will use reasonable endeavours to ensure that the Equipment is in good working order and that the premises are prepared for each Session, and will maintain the Equipment in accordance with good industry practice.
6.3 Confidentiality and data retention
6.3.1 Confidentiality of Recordings. All Recordings are treated as confidential and are protected by appropriate technical and organisational measures. No part of a Recording, including its content and the identities of the Client and Guests, will be disclosed or made accessible to any third party without the Client's prior written consent, specifying the recipient and the purpose.
The Studio may disclose a Recording or related information where required to do so by law, including in response to a court order. Where the Studio is required to make such a disclosure it will use reasonable endeavours to notify the Client promptly, unless prohibited from doing so by law.
Access to Recordings is limited to Studio Personnel who require access in order to perform their duties. The Studio implements appropriate technical and organisational security measures to protect Recordings against unauthorised access, loss and misuse, including secure storage and access controls.
6.3.2 Retention. The Studio will securely store Recordings for the Standard Retention Period, which runs from the date on which the Recording is made available to the Client.
At the point of delivery the Studio will notify the Client of the date on which the Recording will be deleted. The Client may request Extended Retention by Written Notice before the Standard Retention Period expires, charged at the Studio's then-current published rate. The Client may request early deletion by Written Notice, and the Studio will securely delete the specified files promptly on receipt and verification of the request.
At the end of the Standard Retention Period or any agreed Extended Retention, the Studio will securely delete the Recordings. It is the Client's responsibility to retrieve files or arrange Extended Retention within that period.
During the Standard Retention Period or any agreed Extended Retention the Client may request copies of Recordings. The Client is recommended to provide their own storage media; suitable devices are available to purchase from the Studio at its then-current retail price. A charge applies to any second or subsequent delivery of the same Recording, and to any delivery requested after the Standard Retention Period has expired where the Recording is still held, at the Studio's then-current published rate.
6.3.3 Data protection.
(a) Roles. The Studio is a data controller in respect of Personal Data it processes for its own business purposes, including the Client's contact and billing details, Booking records and correspondence. In respect of the content of Recordings, the Client is the data controller and the Studio is a data processor acting on the Client's instructions. Both parties will comply with the UK GDPR and the Data Protection Act 2018.
(b) Processor obligations. Where the Studio acts as a data processor, the Studio will: process Personal Data only on the Client's documented instructions; ensure that Studio Personnel with access are subject to a duty of confidence; implement appropriate technical and organisational measures in accordance with Article 32 of the UK GDPR; not engage a sub-processor without the Client's prior written authorisation; assist the Client in responding to requests from data subjects and in complying with Articles 32 to 36 of the UK GDPR; notify the Client without undue delay on becoming aware of a personal data breach; delete or return Personal Data in accordance with clause 6.3.2; and make available such information as is reasonably necessary to demonstrate compliance with Article 28 of the UK GDPR.
(c) Lawful basis. Where the Studio acts as a data controller, it processes Personal Data for the performance of this Agreement, for compliance with its legal obligations, and for its legitimate interests in operating and marketing its business, subject always to clause 9.3.
(d) Special category and criminal offence data. The Client is responsible for determining whether a Recording will contain special category data or criminal offence data within the meaning of Articles 9 and 10 of the UK GDPR, and for ensuring that a lawful condition for that processing is satisfied. The Client must notify the Studio by Written Notice in advance of the Session where a Recording is expected to contain such data.
(e) Guests. The Client is responsible for informing Guests that they will be recorded, for providing them with the Guest Release at Schedule 2, and for ensuring that a lawful basis exists for processing their Personal Data.
(f) Privacy notice. Further information about the Studio's processing of Personal Data is set out in the Studio's privacy notice at https://brazenstudios.xyz/privacy/.
6.4 Technical failure
6.4.1 Where a Recording fails, is lost, or is materially degraded as a result of a fault attributable to the Studio, the Studio will, at the Client's election:
(a) re-record the affected Session at no charge, at a time to be agreed between the parties; or
(b) refund the Booking Fee paid in respect of the affected Session.
6.4.2 The Client must notify the Studio of any such failure or degradation by Written Notice within 14 days of receiving the Recording.
6.4.3 The remedy in clause 6.4.1 is the Client's primary remedy for technical failure. Nothing in this clause limits the statutory rights of a Consumer, including the right to a price reduction or repeat performance under section 55 or 56 of the Consumer Rights Act 2015.
7. Termination
7.1 Termination by the Client
The Client may terminate this Agreement at any time by Written Notice. Refunds for services not yet provided are governed by clause 4.3, and where the Client is a Consumer, by clause 11.
7.2 Termination by the Studio
The Studio may terminate this Agreement where the Client is in material breach of it, including failure to pay any sum when due, and has not remedied the breach within 14 days of receiving Written Notice specifying the breach and requiring it to be remedied. Where a Session is terminated under this paragraph, no refund of the Booking Fee is due.
The Studio may terminate this Agreement and end a Session immediately, without any cure period, where the Client or a Guest breaches clause 5.1.6, or where conduct on the premises threatens the safety of any person. Where a Session is ended under this paragraph, no refund of the Booking Fee is due.
7.3 Consequences of termination
Termination does not affect any right or liability that has already accrued. Clauses 1, 4.5, 4.6, 5.3, 6.3, 8, 9, 12, 13, 14 and 16 survive termination.
8. Liability and insurance
8.1 Nothing in this Agreement excludes or limits either party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
8.2 Nothing in this Agreement excludes or limits the Studio's liability to a Consumer under the Consumer Rights Act 2015, including its obligations to perform the services with reasonable care and skill and to provide services that match any description given.
8.3 Subject to clauses 8.1 and 8.2, the Studio's total liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited in aggregate to the greater of (a) the Booking Fee paid for the Session to which the claim relates, and (b) £50,000.
8.4 Subject to clauses 8.1 and 8.2, the Studio is not liable to a Business Client for loss of profit, loss of revenue, loss of business or contracts, loss of anticipated savings, loss of goodwill, loss or corruption of data, or any indirect or consequential loss.
8.5 Clauses 3.3.6, 4.6, 5.1.9, 5.3.3, 5.5 and 6.4 are subject to this clause 8. Where any exclusion in those clauses would otherwise be unenforceable, it applies to the maximum extent permitted by law and the remainder of this Agreement is unaffected.
8.6 Insurance. The Studio maintains public liability insurance with a limit of not less than £5,000,000 and employers' liability insurance with a limit of not less than £10,000,000, together with insurance in respect of its own equipment. The Studio does not insure the Client's property, Guests' property, or the Client's business interruption or event cancellation risk.
A Business Client must maintain public liability insurance of not less than £1,000,000 and, where relevant, insurance covering its own equipment and personnel, and must provide evidence of that cover on the Studio's request.
9. Intellectual property and promotional use
9.1 Ownership of Recordings
The Client owns all Recordings produced during a Session, including all copyright and related rights in them. The Studio claims no ownership rights over Recordings.
9.2 Distribution and use
The Client is responsible for the distribution and use of Recordings. Subject to clause 8, the Studio has no responsibility for how Recordings are used after delivery.
9.3 Promotional use
9.3.1 The Studio may use general photographs, footage and imagery of the Studio environment, including behind-the-scenes content captured on the premises, in its promotional and marketing materials, including its website, social media channels and press materials. Where the Client, a Guest or any other individual is identifiable in such material, clause 9.3.2 applies.
9.3.2 The Studio will not use any Recording, or any image or footage in which the Client or a Guest is identifiable, in its promotional or marketing materials unless the Client has given prior written consent, either by selecting the promotional use option at the time of booking or by separate Written Notice. Consent is optional and is not a condition of any Booking.
9.3.3 Where consent is given, the Client grants the Studio a non-exclusive, royalty-free licence to use the specified material for the promotional purposes described. The Client warrants that it has obtained equivalent written consent from each identifiable Guest.
9.3.4 The Client, or any individual identifiable in the material, may withdraw consent at any time by Written Notice. On receipt of a withdrawal the Studio will cease all further use of the material and will use reasonable endeavours to remove material already published, so far as this is practicable.
9.3.5 Nothing in this clause 9.3 limits the Studio's confidentiality obligations under clause 6.3.1.
9.4 Studio materials
The Studio retains ownership of all intellectual property rights in its Equipment configurations, templates, workflows, and any software or tools used in producing a Recording. Nothing in this Agreement transfers those rights to the Client.
10. Force majeure
10.1 Neither party is liable for any failure or delay in performing its obligations under this Agreement to the extent that the failure or delay is caused by a Force Majeure Event. This does not apply to an obligation to pay money that has already fallen due.
10.2 The affected party must notify the other by Written Notice as soon as reasonably practicable and use reasonable endeavours to mitigate the effect of the Force Majeure Event.
10.3 Where a Force Majeure Event prevents the Studio from providing a Session, the Studio will offer alternative dates. Where no alternative is acceptable to the Client, clause 4.3.5 applies and all sums paid are refunded in full.
10.4 Where a Force Majeure Event continues for more than 30 days, either party may terminate this Agreement by Written Notice without further liability, save for sums already due.
11. Consumer cancellation rights
11.1 This clause applies only where the Client is a Consumer and the Booking is made at a distance (for example online, by telephone or by email) or away from the Studio's premises. It gives effect to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
11.2 The Consumer has the right to cancel this Agreement within 14 days of the date of the Booking Confirmation, without giving any reason. This right is in addition to, and takes precedence over, clause 4.3.
11.3 To cancel, the Consumer must inform the Studio by a clear statement given by Written Notice, or by completing the model cancellation form in Annex A. Any other clear statement of the decision to cancel is also sufficient.
11.4 On cancellation under this clause, the Studio will refund all payments received from the Consumer within 14 days of the day on which it is informed of the cancellation, using the same means of payment as the original transaction unless the Consumer agrees otherwise.
11.5 Where the Session is scheduled to take place within the 14-day cancellation period, the Studio will not begin providing the services during that period unless the Consumer expressly requests it to do so. Where the Consumer makes such a request:
(a) if the services are fully performed within the cancellation period, the Consumer loses the right to cancel, provided the Consumer acknowledged that loss of the right at the time of making the request; and
(b) if the Consumer cancels after the services have begun but before they are fully performed, the Studio may charge an amount in proportion to the services supplied up to the point of cancellation, calculated by reference to the total Booking Fee.
11.6 The Studio will provide the information in this clause 11 and the form in Annex A to every Consumer in a durable medium at or before the Booking Confirmation.
12. Complaints and disputes
12.1 A complaint should be raised with the Studio by Written Notice in the first instance. The Studio will acknowledge the complaint within five working days and respond substantively within 20 working days.
12.2 The Studio does not participate in an alternative dispute resolution scheme. Where a complaint cannot be resolved between the parties, either party may pursue the matter through the courts in accordance with clause 14.
12.3 Nothing in this clause prevents either party from applying to the courts for injunctive relief or from enforcing a debt.
13. Notices
13.1 Written Notice must be given by email to the address stated in the Booking Confirmation.
13.2 A Written Notice sent by email is deemed received at the time of transmission, or, where transmission takes place after 5.00pm on a working day or on a day that is not a working day, at 9.00am on the next working day.
13.3 This clause does not apply to the service of legal proceedings.
14. Governing law and jurisdiction
14.1 This Agreement is governed by and construed in accordance with the laws of England and Wales. Any disputes are subject to the exclusive jurisdiction of the courts of England and Wales.
14.2 Where the Client is a Consumer resident in Scotland or Northern Ireland, that Consumer may also bring proceedings in the courts of the jurisdiction in which they are resident.
15. Amendments
15.1 The Studio may amend this Agreement. The current version is published on the Studio's website with an effective date and version number.
15.2 An amendment applies only to Bookings made on or after the effective date of the amended version. No amendment affects a Booking already confirmed.
15.3 The Studio will give the Client Written Notice of any material amendment.
16. Miscellaneous
16.1 Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.
16.2 Entire agreement. This Agreement, together with any Booking Confirmation, Service Order and the Schedules, constitutes the entire agreement between the parties and supersedes all prior agreements and representations. Nothing in this clause limits any liability for fraudulent misrepresentation.
16.3 Third party rights. Except as expressly provided, no person who is not a party to this Agreement has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
16.4 Assignment and subcontracting. The Client may not assign or transfer this Agreement without the Studio's prior written consent. The Studio may subcontract the performance of any of its obligations and remains responsible for the acts and omissions of its subcontractors.
16.5 Waiver. No failure or delay by a party in exercising any right under this Agreement operates as a waiver of that right, and no single or partial exercise prevents any further exercise.
16.6 No partnership. Nothing in this Agreement creates a partnership, joint venture, agency or relationship of employment between the parties.
17. Acceptance
Where a Booking is made through the Studio's website or a third-party platform, the Client accepts this Agreement by confirming the Booking. The version number and effective date of the Agreement accepted are recorded in the Booking Confirmation.
Where the Studio requires a signed agreement, it is executed below.
Signed for and on behalf of the Studio
Name: ____________________ Position: ____________________ Date: ____________
Signature: _________________________________
Signed by or on behalf of the Client
Name: ____________________ Position: ____________________ Date: ____________
Signature: _________________________________
Promotional use consent (optional)
Consent is optional and is not a condition of any Booking. It may be withdrawn at any time by Written Notice under clause 9.3.4.
[ ] The Client consents under clause 9.3.2 to the Studio using Recordings, and images or footage in which the Client or a Guest is identifiable, in the Studio's promotional and marketing materials, including its website, social media channels and press materials.
Schedule 1 — House Rules
Welcome to Brazen Studios. These rules keep the space safe, the equipment working and the recordings clean. They form part of our terms and conditions.
People and space. Total occupancy is limited to 14 people. The recording studio seats four guests, the control room takes two of our team plus two visitors, and the viewing area above holds eight. Tell us at least 48 hours ahead if you need more room than that.
Our equipment. Our engineers operate all equipment. Please don't move, adjust or unplug anything — just ask, and we will do it. If something isn't working, tell us straight away rather than trying to fix it.
Food and drink. Water in sealed containers only in the studio and control room. Everything else goes upstairs — there are refreshments in the viewing area and we can arrange catering if you let us know in advance. If your recording needs a drink on camera, clear it with us first. Alcohol is not permitted anywhere on the premises in any circumstances.
Prohibited. No illegal substances, no alcohol, no smoking or vaping, no hazardous materials. No threatening, violent or abusive behaviour. We will end a session immediately for any of these.
Noise. We share the building. Keep noise down outside the recording studio so we don't disturb our neighbours.
Guests. You are responsible for your guests. Anyone under 18 must be accompanied at all times by an adult you have nominated, and we may ask you to identify that person in advance. Everyone who appears in a recording needs to sign a guest release before we start.
Your belongings. Please look after your own equipment and valuables. Our insurance doesn't cover your property, and we can't take responsibility for unattended items.
Damage. Accidents happen and we would rather you told us. If something is damaged through carelessness or misuse we may charge for repair or replacement, and if we do, we will write to you within five working days with photographs or a quote so you can see exactly what we are charging for.
Safety. Fire exits and the evacuation route are shown on the premises and we will point them out at the start of your session. Please follow our instructions in an emergency.
Leaving. Take your things with you and leave the space roughly as you found it. We handle the equipment.
Problems. Tell any member of our team straight away. We would much rather fix something during your session than hear about it afterwards.
Schedule 2 — Guest Release and Privacy Notice
Brazen Studios — Guest Release and Privacy Notice
Studio: Brazen Media Ltd, trading as Brazen Studios, company number 14229824, 1-4 Plantain Place, Crosby Row, London SE1 1YN. Contact: hello@brazenstudios.xyz.
Recording date: ______________ Client / production: ______________________
About the recording. You are appearing in an audio or video recording made at Brazen Studios. The recording is being made for the client named above. That client, not Brazen Studios, decides how the recording is used and published, and is the data controller for the content of the recording. Brazen Studios operates the equipment and stores the files on the client's instructions.
Your consent. By signing below you agree to appear in the recording and to the client using it, including your name, image, voice and contributions, for the purposes the client has explained to you.
How Brazen Studios handles your information. We hold the recording securely for 14 days after we deliver it to the client, unless the client asks us to hold it for longer, and then we delete our copy. We keep your signed release for as long as we need it to show that consent was obtained. We do not use recordings or identifiable images of you in our own marketing unless you and the client have both separately agreed to that in writing.
Your rights. You can ask us for a copy of the personal data we hold about you, ask us to correct it, or ask us to delete it. You can withdraw your consent to appear at any time by contacting us or the client, although we may not be able to remove material already published. Where the recording has been published by the client, you will usually need to contact the client directly. You can complain to the Information Commissioner's Office at ico.org.uk.
Full privacy notice: https://brazenstudios.xyz/privacy/
Brazen Studios promotional use (optional). This is optional. It is not a condition of taking part, and you can withdraw it at any time by emailing hello@brazenstudios.xyz.
[ ] I consent to Brazen Studios using the recording, and images or footage in which I am identifiable, in its own promotional and marketing materials, including its website, social media channels and press materials.
Guest name: ______________________________
Signature: ______________________________ Date: ______________
Annex A — Model cancellation form (Consumers)
Complete and return this form only if you wish to cancel the contract under clause 11. You may also cancel by any other clear statement.
To: Brazen Media Ltd, trading as Brazen Studios, 1-4 Plantain Place, Crosby Row, London SE1 1YN, hello@brazenstudios.xyz
I/We hereby give notice that I/we cancel my/our contract for the supply of the following service:
Description of service: ____________________________________________
Date of Booking Confirmation: ____________________
Name of consumer(s): ____________________________________________
Address of consumer(s): __________________________________________
Signature of consumer(s) (only if this form is notified on paper): ____________________
Date: ____________________