ROYAL COLLEGE OF MUSIC Studio Hire R ates, Policy , and Terms and Conditions 20 20 - 20 21 A. Studio Rates and Charging Policy All the figures below exclude VAT, which is charged at the prevailing rate, except for Student Rate bookings for non - commercial use, which are VAT - exempt Full Rate Internal Rate Student Rate Audio recording, per hour, in Belle Shenkman Studio with engineer £ 100 £6 5 £ 30 Single - camera video recording, per hour, in Belle Shenkman Studio with engineer £1 30 £ 90 Multi - camera video recording, per hour, in Belle S henkman Studio with engineer* please refer to A.iv £1 65 £1 10 £ 70 Audio recording ‘lockout’ rate for full day (10 hours) £ 800 n/a Audio editing/mixing, per hour £6 5 £ 50 Video editing, per hour £ 100 £ 75 Piano tuning in advance of session £1 30 Piano tuner in attendance throughout session POA A.i The minimum booking duration is 3 hours, and sessions are usually bookable in 3 - hour slots only. A.ii The session set - up, pack down and an engineer are included in the studio hire rates. A.iii The Internal Rate is available to RCM students, staff, departments, members of the RCM Junior Department, and to RCM grad uates for a period of 12 months after leaving the RCM. A.iv Multi - camera sessions may only be booked if an additional editing session of an appropriate length is also booked in advance. A.v Sessions can be extended on the day, if time permits and if the session engineer is in agreement, at the discretion of the Studios. The hourly rate for overruns will usually be charged at the relevant standard rate. Charges for facilities and services not outlined above may be requested from the Digital Production Coordinator , who will be happy to provide a quotation. A.vi There is a charge for cancellation of a session , as outlined in Part B Sec tion B in our Term s and Conditions for the Provision of Goods and Services Document A.vi i If you need to cancel a recording session because either yourself o r one of your performers is told to s elf - isolate or tests positive for Covid - 19, we will endeavour to re - book this session for you at no additional charge B. Studio Bookings Policy and Opening Hours B.i During t erm time and Performance Weeks the Studio aims to provide recording sessions 10:00 - 13 :00 and 1 4:00 - 17:00 Monday to Friday. Student bookings will be prioritised during term time. B.ii Recording, streaming a nd technical support for RCM concerts, events and final recitals, as well as essential maintenance work, may necessitate the closure of the studio and/or a reduction in session availability. B.iii Such closures will, as far as possible, be planned prior to the start of each term and authorised by the Artistic Director and Audio - Visual Production Manager (at the termly AV meeting). B.iv The back - up and transfer of recordings is the responsibility of the Client, and if arrangements have not been made to transfer o r back - up the recorded material within a month of completion the College has the right to destroy or dispose of it. B.v It is the Client’s responsibility to ensure that the recording does not contain anything of an offensive, libellous or illegal nature. B.vi If the Client is not satisfied with the outcome of the booked session or event for any reas on, the College may agree to refund some or all of the studio fees, at the sole discretion of the Audio - Visual Production Manager B.vii The College will only allow access to people with a direct role in the recording. C. Student Sessions Studio Policy C.i Student bookings are only accept ed from the start of the Autumn Term . Sessions can be booked up to six weeks in advance, and are offered on a first - come first - served basis. Additional session slots may sometimes become available at shorter notice. C.i i At weekends and outside term time, the Studio will be closed for Student bookings, to allow for maintenance, staff leave, and departmental and commercial bookings. C.iii The Student Rates are available to current undergraduate and postgraduate students o f the RCM for educational, non - commercial recording projects. Students may book the studio as a commercial client on Sundays at the internal rate. C.iv Recordings made at the Student Rate may not be used for any commercial purposes without the agreement of the Head of Digital or Artistic Director, for which an additional fee may be payable. Typically this will be the difference between the Student Rate and the Internal Rate, with VAT payable on the whole amount. C.v Students are limited to book a maximum of four sessions per academic year. C.vi It is the students’ responsibility to organise musicians and instruments for a recording session. D. Fully - Funded Student Sessions Studio Policy Students on the following courses qualify for ‘free’ sessions w hich are fully funded by the RCM: a) MMus and MComp in Composition for Screen: two three - hour sessions per academic year b) DMus and PhD research students may be granted up to two fully - funded sessions per academic year at the discretion of the Head of Postgraduate Programmes or the Director of Research Additionally, courses which use the Belle Shenkman Studio for teaching are non - chargeable. Regarding Composition for S creen tracking sessions: D.i Sessions fully funded by the RCM are provided for educat ional, non - commercial projects only. D.ii If such sessions are cancelled at less than 14 days’ notice, they will be forfeited and re - booking will be at the applicable standard rate. D.iii The studio does not permit sessions to be shared between students. D .iv The studio requires at least 14 days’ notice if video playback or stre amers are required in a session, or if the ensemble is going to consist of more than 10 musicians. D.v The studio requires at least 7 days’ notice of the instrumentation of the music to be recorded. D.vi Ensembles of more than 20 musicians are generally not permitted in the studio at any one time. Terms and Conditions for the Provision of Goods and Services by RCM PART A 1. DEFINITIONS In these Terms and Conditions: “we”, “us” or “our” means Royal College of Music (“RCM”); and “you” or “your” means the person named as the customer or client in the booking form, order form, purchase order, letter or email confirmation sent fr om us to you (“Confirmation Document”). Headings are for reference only and references to a person include any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, or any other entity. 2. CONTRACT A contract on the se Terms and Conditions (“Contract”) will be formed when we both sign the Confirmation Document accepting the terms by which the goods (“Goods”) and/or services (“Services”) will be provided by us to you. These Terms and Conditions are the only terms and c onditions on which we will provide the Goods and Services to you and will apply to the exclusion of all other terms and conditions. 3. GOODS AND SERVICES 3.1 The provision of Goods and Services by RCM includes but is not limited to the provision of (i) space and facilities for events, productions and recording; (ii) musicians for events outside of RCM premises; (iii) workshops and tutorials within RCM premises or at external locations; and (iv) box office services, ticket printing and sales and other mar keting services and the sale of merchandise. 3.2 RCM will: (i) provide the Goods and/or Services as defined in the Confirmation Document and will provide the Goods and/or Service using reasonable care and skill and will comply with applicable laws and reg ulations; (ii) ensure you have access to, or are provided with, the Goods and/or Services at the times agreed in the Confirmation Document; and (iii) obtain and maintain any licences, permits, consents or applicable insurance which we are required to have in order to supply you with the Goods and/or Services. 3.3 You will: (i) comply at all times with RCM’s requests in relation to the provision of Goods and/or Services, including providing us with any relevant information (including a list of persons who w ill be accessing the Goods and/or Services on RCM premises), comply with RCM security arrangements and only access the Goods and/or Services on the dates and times agreed in the Confirmation Document; (ii) obtain and maintain any permits, licences, consent s (including the relevant copyright permissions) and insurance cover needed by you to receive the Goods and/or Services (copies of certificates to be provided to RCM on RCM’s reasonable request); (iii) not make any alterations to RCM property and/or make g ood any damage to RCM property which is damaged as a result of your use of the Goods and/or Services; (iv) comply with any inventory requirements notified by RCM; (v) ensure that the Goods and/or Services are appropriate for your requirements prior to acce pting these Terms and Conditions; and (vi) ensure that any location where RCM provide the Goods and/or Services to you are appropriate, safe and secure. You acknowledge that RCM reserves the right to conduct site visits at any external premises where you w ill be receiving the Services to check they are compliant with applicable health and safety requirements and we may cancel this Contract in the event that we deem the premises to be unsafe for the relevant Services. 3.4 You acknowledge that: 3.4.1 RCM is unable to provide: (i) on - site parking including disabled parking (and unloading and loading time is limited); (ii) storage of any of your goods in advance of your booking; and (iii) assistance with carrying or transporting equipment during loading or unl oading 3.4.2 RCM is strictly a non - smoking facility, including all courtyards. Use of any type of naked flame, such as candles or matches is also strictly forbidden. Any breach of this policy will result in immediate termination of this Contract and your removal from RCM premises. 4. TERM AND TERMINATION This Contract will commence when both parties have signed the Confirmation Document and will end when the Goods have been delivered and/or the provision of the Services has been completed. 5. PAYMENT In consideration for the provision of the Goods and/or Services, you will pay us the Charges in the amount and at the time set out in the Confirmation Document. Unless expressly stated otherwise, the Charges specified in the Confirmation Document represent th e total fee payable by you for the Goods and/or Services (excluding VAT at the current rate where applicable). RCM has no responsibility for costs associated with third party services, where the third party is engaged by you. Where you have requested bespo ke services which we have to source externally, for example, particular music not available at RCM, you will be liable for the cost of us obtaining and providing this to you. 6. CONFIDENTIALITY 6.1 Each party will, subject to clause 6.2: (i) only use the o ther party’s Confidential Information for the purpose of performing its obligations under this Contract; (ii) keep the other party’s Confidential Information secret and secure; and (iii) not disclose the other party’s Confidential Information to any other person. 6.2 Each party may disclose the other party’s Confidential Information: (i) to the extent required by law; and (ii) to those of its directors, employees and professional advisers who need access to that Confidential Information so that it can perform its obligations under this Contract provided such persons are under obligations of confidentiality equivalent to those set out in this clause 6. 6.3 For the purposes of this clause 6, “Confidential Information” means the terms of this Contract and any information that relates to a party (or any of its group companies or businesses) and which is disclosed to the other party in connection with this Contract, but excluding information that: (i) is at the relevant time in the public domain (other than by virtue of a breach of this clause 6); or (ii) was received by the other party from a third party who did not acquire it in confidence. 7. LIABILITY 7.1 Subject to clause 7.2, RCM will have no liability to you for any indirect or consequential loss or dam age suffered by you (or for any loss of profit, loss of reputation or loss of goodwill whether direct or indirect) as a result of the failure by RCM to provide the Goods and/or Services. 7.2 Nothing in this Contract seeks to exclude or limit either Party’ s liability to the other for: (i) death or personal injury resulting from negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter which cannot be excluded or limited by law. 7.3 Subject to clause 7.2, RCM will have no responsibil ity and no liability for (i) ensuring the safety of and compatibility of third party equipment brought to RCM premises by you; (ii) failure of any media supplied by you; (iii) backups of recorded material, the quality of recorded material and any input int o a recording session by third parties resulting in an unsatisfactory outcome for you; or (iv) third party costs (e.g. instrument hire costs). 7.4 Subject to clauses 7.1 to 7.3, RCM’s total liability arising under or in connection with this Contract shall be limited to replacement Goods and/or Services or limited to the Charges. 8. FORCE MAJEURE Subject to clause 7.3, RCM will not have any liability for any loss (whether direct or indirect), arising out of circumstances outside of RCM’s reasonable control including, but not limited to, strikes, orders by a public authority, war or acts of god. 9. DATA PROTECTION In order to comply with its obligations under the Data Protection Act 1998, you consent to RCM holding and processing both electr onically and manually, Personal Data which it collects relating to you (Personal Data means data which identifies you such as your name, address and telephone number), in connection with the provision of the Goods and/or Services. We confirm that we will o nly hold and process such Personal Data for as long as is necessary for the provision of the Goods and/or Services. 10. POLICIES You will (and will procure that your officers, employees, agents and any other persons who perform services for you or receive th e Services on your behalf in connection with this Contract will) comply with applicable laws and all relevant RCM policies of which we inform you from time to time. 11. GENERAL 11.1 The following apply to this Contract: (i) nothing is intended to, or shall be deemed to create any partnership or joint venture between the Parties; (ii) no failure or delay by either Party to exercise any right or remedy will operate as a waiver of any right; (iii) any notice communicated must be communicated by post or em ail to the Party’s address given on the Confirmation Document and the notice will be deemed to occur at the time when the notice would in the ordinary course be delivered or transmitted; (iv) if any provision is found to be invalid or unenforceable by a co urt it will be severed from the remainder of this Contract which will remain unaffected; (v) this Contract is not enforceable by anyone who is not a party to it; (vi) no variation to this Contract will be effective unless it is in writing and signed by a d uly authorised representative on behalf of each of the parties; (vii) you are not entitled to assign any rights under this Contract without our prior written consent; and (viii) to the extent that there is any inconsistency between (a) the provisions set o ut in PART A with the provisions of latter Parts, the latter Parts prevail over PART A; and (b) the provision of the Confirmation Document and these Terms and Conditions, the Confirmation Document Prevails. 11.2 This Contract and signed Confirmation Docum ent constitutes the entire agreement between the parties and supersedes any prior agreement or arrangement in respect of its subject matter and neither party has entered into this Contract in reliance upon any misrepresentation, representation or statement not set out in this Contract. Nothing in this clause 11 limits or excludes any liability for fraud. 12. GOVERNING LAW This Contract will be governed by the law of England and Wales. Each party agrees that the courts of Eng land and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with this Contract. PART B - Studio s and Audio - Visual In addition to PART A, if you are receiving Goods and/or Services from the Studio s and Audio - Visual department at RCM, the following Terms and Conditions set out in PART B also apply to this Contract: 1. REFUNDS Where there is a technical failure within the recording studio which disrupts your recording, we will arrange a pro - rata refund for the disrupted time. Any refund for studio hire is at the sole discretion of RCM. 2. SOUND LEVELS In accordance with The Control of Noise at Work Regulations 2005, you acknowledge that RCM has a legal obligation to safeguard the hearing of its employees by controlling noise exposure, and studio users are therefore required to cooperate with studio staff in keeping exposures as low as reasonably practicable. You are responsible for acoustic sound levels of the performance, for minimising your performer’s exposure to noise and complying with RCM’s legal obligations to protect the hearing of staff. RCM reserves the right to impose a limit or reduction on sound levels where it is deemed appropriate. 3. CANCELLATION Where you cancel the Services, the following cancellation charges apply: Notice by you Cancellation Charge Less than 2 days notice 100% of the Charges (no refund) Between 3 and 14 days 50% of the Charges; or 100% of the Charges notice for a 3 hour session (whichever is the lower) Fully – Funded sessions will be forfeited if cancelled or moved within 14 days of the date agreed in the Confirmation Document. Any changes to session times within 14 days of the booked session is at the sole discretion of RCM. 4. PAYMENT The cost of consumable media is additional as specified in the Confirmation Document. Students and staff are required to pay the Charges in full in advance and their booking will not be confirmed until payment is received by us in full. If you are not an RCM s tudent or staff member, you will be required to pay 50% of the Charges at the time your booking is confirmed and the remainder of the Charges not less than 7 days before your recording session. 5. LIABILITY Subject to clause 7.2 of PART A, RCM will have no liability for the condition of the studio piano (unless you have asked for and agreed to pay tuning immediately prior to the start date). cam_1b \ 4869704 \ 2 6 4 October 2021 parryak