Terms of Service
The following terms and conditions (these "Terms of Service") govern your access to and use of the David Freeman Music website, including any content, functionality and services offered on or through www.davidfreemanmusic.com (the "Site"), by David Freeman.
Please read the Terms of Service carefully before you start to use the Site. By using the Site, making any purchase, placing any bookings or making a service enquiry, you accept and agree to be bound and abide by these Terms of Service and my Privacy Policy, found here. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.
RECORDING & SESSION WORK
1.1 Fees and Quotes
Fees are not listed on the Site for recording and session musician services as each project is different and will require its own quote before any work is undertaken, based on prior discussions on what the project will involve. Factors that will be taken into account include, but are not limited to, location, number of songs, length of songs, number of parts, desired sound/tone/effects, style of music, the difficulty of the music, assistance in composition/production, and delivery format of the work. Musicians hired through the Site retain the right to alter or amend any and all fees should the amount of work exceed that of the original quote, but will give advanced notice of this, where possible, if it is deemed likely.
1.2 On-Site Recording & Session Work - Rates
On-site recording and session work is classed as work that is conducted away from my home studio in locations such as the client’s studio, a third party studio or portable studio, as well live performance environments. In these circumstances, a flat rate of £25 per hour is charged, and includes a contribution of ideas and suggestions in terms of the writing and production. If a reasonably larger amount of writing and production work is required then this rate is subject to change, and all applicable royalties and writing credits should be given. Travel expenses are expected for any distance over 20 miles but wavered for any distance less than 20 miles where the booking is for 4 hours or more. For bookings of less than 4 hours within a 20-mile radius, reasonable travel expenses can be negotiated based on distance and travel time. Travel expenses are not expected for bookings within the Leeds area. Any bookings made with less than 24 hours notice will be classed as urgent and a 20% surcharge will be applied to the hourly rate. All of this will be detailed in the quote provided before the session. On occasions where the full amount of time booked is not required, the full amount for the allocated time remains payable.
1.3 Remote Recording & Session Work Fees - Rates
Remote recording and session work is classed as work that is conducted at my home studio where the recording and engineering process is included in the service. The rate for this service is worked out based on the quantity of work that is needed instead of an hourly rate in order to eliminate any uncertainties in the number of hours worked, as both parties are not able to accurately monitor work time. The rate for remote recording and session work begins at £15 per part based on an average song length of 3 minutes 30 seconds that is of a reasonable complexity in terms of tempo, time signature, rhythm and harmony. The longer and more complex the song, and therefore the more time it requires, the higher the rate per part will need to be. If the client requests both DI recordings and the recorded amp tone, or MIDI and exported audio files for sample-based instruments, then the rate per part increases to £18. This rate is also subject to change depending on the number, length, and complexity of the parts. A maximum of 2 revisions on the first delivery will be given. Any further revisions requested will be considered additional work and charged separately.
1.4. Payment
Payment for on-site recording and session work should be made after the final booked hour, either in cash or by bank transfer. Cheques are not accepted. For multiple or consecutive sessions up to a maximum of 5 days, payment can be made once all the work has been completed. For ongoing work exceeding 5 days, an upfront payment of the first 3 days will be required before any work is carried out.
Payment for remote recording and session work conducted at my home studio will be split into two instalments. The first will be an upfront payment for half of the quoted amount, to be made at least 24 hours before any work is conducted. The second payment will be for the remaining half, plus fees for any additional work carried out, to be made within 7 days of all work being completed. Payments are to be made via bank transfer.
1.5 Cancellations
All sales and bookings are final. Refunds for completed work will not be given. Cancellations for on-site bookings with less than 24 hours notice will be subject to a charge equal to the amount of the next day’s work as compensation for lost time. Cancellation for remote bookings with less than 24 hours notice will render any advanced payments forfeit, as compensation for lost work. However, the client will retain the option for 14 days from the date of cancellation to request the work to be completed up to the amount covered by the advance payment.
GENERAL
2.1 Use of Information and Services
The information (including without limitation advice and recommendations) and services on the site are intended as general educational aids or professional services. David Freeman assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material on this site. While David Freeman strives to keep the information on the site accurate, complete, and up-to-date, David Freeman cannot guarantee, and will not be responsible for any injuries, damage, or loss related to, the accuracy, completeness or timeliness of the information.
2.2 Copyright Information
Unless otherwise stated, all of the text, audio, and video content within the Site is the copyrighted property of David Freeman. This copyrighted material includes, but is not limited to, written text, music, video, artwork, drawings and logos. You may print out any articles and activities for your personal use only. Materials may not be reproduced on another website, book, or publication without express written permission. Any reproduction or editing by any mechanical or electronic means without the explicit written permission of David Freeman is expressly prohibited. Certain names, logos, phrases, and artwork on these pages may constitute trademarks of David Freeman. The full "David Freeman" logo and any smaller abbreviated variants, as well as "davidfreemanmusic.com" and the contents of the Site, are the sole property of David Freeman. Reproduction in whole or in part is strictly prohibited without the written permission of David Freeman. David Freeman also cannot guarantee that all content and material appearing on the Site is not infringing on any registered or non-registered copyrights.
2.3 Sales and Purchases
All sales and purchases arranged through the Site are final and non-refundable. Any purchases made via the Site are paid for through bank transfer or PayPal and as such David Freeman will not be held responsible for the security of sensitive information provided to any bank or PayPal in order to complete a purchase, and users submit any such information at their own risk.
2.4 Links to Other Sites
The site may include links to other Internet sites solely as a convenience to users. David Freeman does not endorse any such sites or the information, material, products or services contained on or accessible through such sites, and you access and use them, including any information, material, products and services therein, solely at your own risk. David Freeman is not responsible for the use, functionality, appearance, privacy policy, upkeep, or management of featured links. Should a problem arise with a featured link, the user should contact the appropriate author(s) with any questions or concerns. The only links that are accessible via the Site that David Freeman accepts responsibility for the information, material and functionality of, are links to any social media sites managed by David Freeman, as well as links accessed for downloading electronic materials, with the exception of circumstances where the security of such electronic files has been compromised. In such circumstances, any responsibility and liability will fall to the hosting website of such electronic files.
2.5 Disclaimer of Warranty
DAVID FREEMAN DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED ON THIS SITE INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.
2.6 Limitation of Liability
IN NO EVENT SHALL DAVID FREEMAN BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO GOODS OR SERVICES PURCHASED THROUGH THIS SITE, DAVID FREEMAN'S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT DAVID FREEMAN'S DISCRETION, TO THE REPAYMENT OR CREDITING OF BUYER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATE STATUTES MIGHT APPLY REGARDING THE LIMITATION OF LIABILITY.
2.7 Indemnification
You agree to indemnify, defend and hold harmless David Freeman from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your violation of this agreement.
2.8 Changes to The Site
David Freeman may make improvements or changes in the information, services, products, and other materials on this site, or terminate this Site, at any time without notice. David Freeman may modify this agreement at any time, and such modifications shall be effective immediately upon posting the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement.
2.9 Dispute Resolution
David Freeman will aim to resolve any and all disputes that arise through the use of the Site, or any service or products offered via the Site cordially and on an individual basis with the claimant. Where a dispute cannot be resolved individually and escalates to a legal level, all resolution and settlement will be determined in accordance with the law of the United Kingdom as the country of origin for the Site.