Recording Studio Hire Terms & Conditions

The Hope Lease Limited (Company number 09773675)

Registered Address: 3rd Floor, 7 Greenland Street, London, NW1 0ND

1. Hire and License for Use

1.1 The Owner will provide the Hirer (and their Personnel, if applicable) access to the Studio for the duration of the Period of Hire. The Recording will be created under the direction of the Hirer or their Personnel.

1.2 The Hirer acknowledges and agrees that they are solely responsible for:

1.2.1 ensuring that any equipment they bring is compatible with the Studio’s setup;

1.2.2 the quality and technical standard of any recording performed by their Personnel;

1.2.3 any issues or damage resulting from the use of the Hirer’s own pre-recorded media, including but not limited to virus-related damage. The Owner offers no warranty in relation to such media.

2. Fees and Payment

2.1 The Fee for use of the Studio and any additional services, and the payment terms, are set out in the Booking Form. [The Hirer shall pay VAT at the appropriate rate in respect of all amounts due to the Owner]

2.2 Payment shall be due and payable on the dates set out in the Booking Form. The Owner may deny the Hirer access to the Studio if the Fees are not paid in accordance with the Booking Form

2.3 The Hirer shall be liable to pay interest on any overdue amounts at a rate of four percent (4%) per annum above the HSBC Bank Plc base rate, calculated from the due date until payment is made in full.

2.4 The Fees shall remain payable in full and shall not be reduced due to:

2.4.1 the Hirer’s failure to utilise the Studio for any portion of the Period of Hire;

2.4.2 the Hirer’s cancellation of the Booking, whether in whole or in part, subject to any Cancellation Fees as set out in the Booking Form.

2.5 The Recording, or any portion thereof, shall not be released to the Hirer until all payments due under this Agreement have been received by the Owner in full and in cleared funds.

3. Hirer’s Obligations

3.1 The Hirer confirms that it has inspected the Studio, and by entering into this Agreement the Hirer confirms that the Studio is appropriate for their needs.

3.2 The Hirer shall be solely responsible for the condition and integrity of any pre-recorded media they provide. The Owner accepts no liability for any defects, loss, or damage resulting from the use of such media.

3.3 The Hirer warrants, undertakes, and agrees to ensure that the Hirer, and their Personnel, will comply with all relevant health, safety and environmental protection legislation, codes of practice and guidance as amended and reissued from time to time, in addition to the Studio’s rules, regulations and safety policies. The Hirer shall be fully responsible for:

3.4.1 the conduct and actions of their Personnel while on the Owner’s premises;

3.4.2 any injury, loss, or damage caused to persons, equipment, or premises as a result of their or their Personnel’s actions or omissions, or due to faulty or inappropriate specifications of the Hirer’s Equipment or Media;

3.4.3 all costs and liabilities related to any Recharges, including for loss or damage. Recharges may be subject to third-party terms and conditions of which the Hirer agrees to be bound by, and which may be provided upon Hirer’s request.

3.4.4 any expenses incurred by the Owner at the request of the Hirer;

3.4.5 any and all loss or damage to the Hirer’s Equipment, which shall remain entirely at the Hirer’s own risk.

3.5 The Hirer shall vacate the Studio and remove all of their equipment immediately upon the conclusion of the Period of Hire. Should the Hirer fail to do so, the Owner reserves the right, upon giving one (1) weeks’ notice, to require collection of the equipment. If the equipment is not collected within this notice period, the Owner may dispose of or destroy it at their sole discretion, without further notice or liability.

3.6 Hirer shall not engage in any form of misconduct, including but not limited to, abusive or disruptive behaviour, harassment, intoxication or any actions that may endanger the safety or well-being of others.

4. Sound Levels

4.1 The Hirer acknowledges that under the Noise at Work Regulations 2005, prolonged exposure to noise levels exceeding 85 dB(A) can cause hearing damage. Both studio operators and users are legally required to keep sound exposure as low as reasonably practicable.

4.2 The Hirer shall be responsible for monitoring and managing noise levels within the Studio.

4.3 Excessively high noise levels must not be sustained for prolonged periods.

4.4 The Owner reserves the right to take any action deemed necessary to maintain safe and tolerable noise levels. The Hirer shall not have any claim against the Owner for inconvenience or lost time resulting from such action.

4.5 The Hirer shall adhere to the guidance set out in the APRS leaflet “KEEP SOUND LEVELS DOWN” and shall ensure their Personnel do the same.

5. Recordings

5.1 The Hirer shall arrange for the prompt collection of all Recordings immediately upon full payment of the Owner’s invoice (“the Collection Date”).

5.2 After the Collection Date:

5.2.1 Notwithstanding any other provision of these Terms, the Recordings shall be stored by the Owner entirely at the Hirer’s risk.

5.2.2 The Hirer shall be liable for any reasonable storage charges imposed by the Owner for retaining the Recordings beyond the Collection Date.

5.2.3 If the Recordings are not collected within 14 days of the Collection Date, the Owner reserves the right to destroy, sell, or otherwise dispose of the Recordings at their sole discretion.

5.3 Until the Owner has received full and cleared payment of all outstanding Fees, it shall be entitled to retain possession of all Recordings.

5.4 The Hirer acknowledges and agrees that all risk associated with the Recordings, when in transit or removed from the Owner’s premises, shall rest entirely with the Hirer.

5.5 The Owner shall retain a general lien over any of the Hirer’s property, including Recordings, held in its possession as security for any unpaid balance owed by the Hirer.

5.5.1 While any balance remains unpaid, the Hirer shall not be entitled to sell, reproduce, license, distribute, or otherwise commercially exploit the Recordings until full payment has been received by the Owner.

5.6 The Hirer warrants that no content included in the Recordings (or any software introduced by the Hirer) will infringe any copyright or intellectual property rights, nor contain any material that is illegal, scandalous, obscene, or defamatory. The Hirer agrees to fully indemnify the Owner against any liability, claim, cost, or expense arising from any breach of this warranty. This indemnity shall include any amounts paid by the Owner on legal advice in settlement or defence of such claims.

5.6.1 The Owner shall not be obligated to record, reproduce, or work with any content that, in its sole opinion, may be illegal, scandalous, obscene, or defamatory in nature.

5.7 All Recordings created during the Period of Hire shall remain the sole property of the recording artist(s) featured in the recordings unless otherwise agreed in writing between the artist(s) and the Hirer. Where the Hirer is a third party (e.g. a label, brand, or agency), it is the responsibility of the Hirer to ensure that appropriate rights and ownership arrangements have been made with the artist prior to the Period of Hire. The Owner disclaims any ownership of the Recordings.

5.8 The Owner shall have the non-exclusive, royalty-free right to publicly reference and promote the Recordings (including by name, artist name, and release title) after their official release, provided such use does not exploit or misrepresent the artist’s work.

6. Recording Warranties

6.1 The Hirer shall promptly notify the Owner in writing of any defect, loss, or damage to the Recording as soon as they become aware of it.

6.2 The Owner shall use reasonable efforts to correct any such defect or replace any lost or damaged materials, provided the issue is attributable to faulty materials, poor workmanship, or the negligence of the Owner.

6.3 If the Owner is unable to reasonably rectify or replace the affected materials, its liability in respect of the Recording shall be limited to the lesser of the total amount paid by the Hirer to the Owner in respect of the Booking, or £1,000.00

6.4 The Owner is under no obligation to retain hard or soft backup copies of the Recording, session files, or any other related data after the end of the Period of Hire. It is entirely the Hirer’s responsibility to:

6.4.1 provide suitable recordable media to the Owner for the purpose of creating a backup copy;

6.4.2 store and safeguard any session files or audio materials related to the Recording after the Period of Hire.

7. Security

The Owner expressly reserves the right for security purposes to search any person entering or leaving the House and shall be entitled to refuse to allow any person or thing to enter the House which the Owner reasonably considers to be a risk to the comfort safety or security of the House or any persons.

8. Insurance and Indemnity

8.1 The Hirer hereby covenants and agrees to indemnify and hold harmless the Owner against any injury, loss, damage, cost, or expense suffered or incurred by the Owner arising from:

8.1.1 the Hirer’s cancellation of the Booking, including (but not limited to) any reasonable costs or expenses incurred by the Owner in preparation for or in connection with the Booking;

8.1.2 the creation, use, or exploitation of the Recordings by the Hirer;

8.1.3 any breach by the Hirer of the warranties, undertakings, or obligations set out in this Agreement;

8.1.4 any loss or damage suffered by the Owner resulting from the Hirer’s use of their own personnel or pre-recorded media, including any defective or incompatible materials.

8.2 The Hirer shall have the option, but not the obligation, to take out their own insurance cover in connection with their use of the Studio, including (but not limited to) cover for their own equipment, any damage to the Studio premises or equipment, and any third-party liability arising from their activities during the Booking

9. Limitation of liability

9.1 The Owner shall not be liable to the Hirer (whether in contract, tort (including negligence) or otherwise) for any indirect, special, or consequential loss or damage, or for any loss of profit, revenue, goodwill, anticipated savings, business opportunities, or reputation, whether such loss is direct or indirect, and even if foreseeable or advised in advance.

9.2 Except in cases of fraud, death, or personal injury, the Owner’s total aggregate liability to the Hirer under this Agreement shall be limited to the lesser of:

• (a) £1,000.00, or

• (b) the total amount paid by the Hirer to the Owner in respect of the Booking.

9.3 The Owner’s liability excludes all other warranties, conditions, and representations, whether express or implied by statute, common law, or otherwise.

9.4 The Hirer agrees that the limitations set out in this section are fair and reasonable, having regard to the nature and cost of the Booking, the services provided, and the risk allocation between the parties.

10. Termination

10.1 If any of the following events occur, Owner may terminate this Agreement and Owner shall have no further obligation to grant the rights to use the Studio or supply any additional services, if Hirer:

a) fails to make any payment set out in this Agreement by the due date; or

b) breaches any of its obligations under this Agreement and shall fail to remedy such breach within such reasonable period as specified by Owner; or

c) has provided misleading, incorrect or materially inaccurate or incomplete information; or

d) does or omits to do anything which may damage or impair the business or reputation of the Owner or prejudice the security of its premises or facilities; or

11. Force Majeure

11.1 Notwithstanding any other provision of this Agreement, the Owner shall not be liable for any failure to perform any of its obligations under this Agreement due to Force Majeure. Upon notifying the Hirer of such an event, the Owner shall be granted a reasonable extension of time to fulfill its obligations.

For the purposes of this clause, “Force Majeure” shall include, but not be limited to:

• Acts of God, explosions, floods, tempests, fires, or accidents;

• War or threats of war, sabotage, insurrection, civil unrest, or requisition;

• Acts, restrictions, regulations, by-laws, prohibitions, or measures of any kind by any governmental, parliamentary, or local authority;

• Import or export restrictions or embargoes;

• Strikes, lockouts, or other industrial actions or trade disputes (whether involving employees of the Owner or third parties);

• Shortages or difficulties in obtaining raw materials, labour, fuel, components, or machinery;

• Power failures or mechanical breakdowns.

12. Personal Property & Storage

12.1 The Owner excludes responsibility for property of the Hirer and Personnel. Cloakrooms are provided at the House, but items deposited there are entirely at the Hirer’s or Personnel’s risk. Due to space restrictions the House is unable to accept instrument cases, large bags, folding bicycles, e-scooters or skateboards in the cloakroom. Items are kept for 28 days and may be disposed of after that period if unclaimed.

13. Miscellaneous

13.1 This Agreement constitutes the entire agreement of the parties and may not be varied or added to except by written agreement signed by the parties or duly authorised persons on their behalf.

13.2 The parties are and will remain independent contractors and nothing in this Agreement will be deemed to create any agency, partnership, or joint venture relationship between the parties. Neither party will be deemed to be an employee or legal representative of the other nor will either party have any right or authority to create any obligation on behalf of the other party.

13.3 Each party undertakes that it will not at any time hereafter use or disclose to any person, except to its professional representatives or as may be required by law or any legal or regulatory authority, the terms and conditions of this Agreement or any confidential information concerning the business or affairs of the other party which may have or may in the future come to its knowledge.

13.4 Any notice under or in connection with this Agreement may be served personally or sent by first class pre-paid registered mail (airmail if sent outside the United Kingdom) or email to the Hirer’s or Owner’s designated Management Contact.

13.5 Time shall be of the essence as regards any date, period or time obligation of the Hirer including any payment obligation.

13.6 The Hirer shall not assign either in whole or in part the benefit of this Agreement or the hiring hereunder to any other person or persons nor assign or sub-licence any rights or benefits under it.

13.7 The Hirer undertakes to the Owner that the signatory to this Agreement has been duly authorised to execute this Agreement and to enter into this Agreement and the provisions contained herein.

13.8 In this Agreement the clause headings are included for convenience only and shall not affect the construction of this Agreement. Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include a reference to each other gender.

13.9 The failure to require performance of any provision will not affect a party’s right to require performance at any time thereafter; nor will waiver of a breach of any provision constitute a waiver of the provision itself.

13.10 Nothing in this Agreement shall create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the parties this Agreement.

13.11 This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument.

13.12 This Agreement and any non-contractual obligations will be governed by and construed in accordance with the laws of England and the parties hereto submit to the exclusive jurisdiction of the English Courts.

SCHEDULE 1

Definitions

“Agreement” means the agreement comprised in the The House of KOKO Studio Booking Form and the Studio Hire Terms and Conditions.

“Booking” means the hire of the Studio for the Period of Hire.

“Fee” means the fee payable by the Hirer to the Owner for the Booking calculated in accordance with the Owner’s published, quoted or usual scale of charges.

“Hirer” means the person or company who makes the Studio Booking or to whom the invoice will be made out to.

“Hirer’s Equipment” means equipment brought onto the Owner’s premises by the Hirer, or the Hirer’s Personnel or any agent or contractor for and on behalf of the Hirer.

“Fees” means the cost to the Hirer for Booking and using the Studio during the Period of Hire.

“Owner” means The Hope Lease Limited T/A KOKO.

“Period of Hire” means the dates and times for which the Hirer has booked the Studio.

“Personnel” refers to persons invited by the Hirer to enter the Studio during the Booking.

“Recharges” means any additional fees incurred by the Hirer for requests beyond the Standard Hire (i.e. equipment hire, instrument hire, additional engineering or mixing services). Recharges may be subject to third-party terms and conditions for which the Hirer agrees to be bound by.

“Recording” means any single or multi-track audio and/or visual recording or data programming or derivative thereof or any one or more pieces of recorded sound or visual image recorded or used during the Booking including a Master Recording and a Pre Production Master or any Hirer’s Recording.

“Standard Hire” as defined in the Studio Booking Form

“Studio” means the The House of KOKO Recording Studio, the premises and equipment.

SCHEDULE 2

Venue

The House of KOKO Recording Studio (the “Studio”) Located within The House of KOKO (the “House”), 74 Crowndale Road, London, NW1 1TP

Standard Hire

Included in Standard Hire:

Dry Hire: access to the Studio, soft/hardware, as well as select microphones and instruments per the Equipment Catalogue to be shared with Hirer     

Vocal: vocal recording sessions include access to our full gear locker, and a dedicated engineer who will handle vocal mic setup, session management, and conducting a rough mix should timing allow. Upon session completion and reception of full payment, desired project files will be sent to the Hirer via a Dropbox link with a 2-week expiry date.     

Live Instrument(s): live instrument recording sessions include access to our full gear locker, and a dedicated engineer who will handle mic setup, session management, and conducting a rough mix should timing allow. Upon session completion and reception of full payment, desired project files will be sent to Hirer via a Dropbox link with a 2-week expiry date.        

Podcast: sessions include an engineer, podcasting mics, and clean, broadcast-quality sound in a comfortable, low-pressure environment. Ideal for interviews, roundtables, or solo hosts who want polished, professional results. Upon session completion and reception of full payment, desired project files will be sent to the Hirer via a Dropbox link with a 2-week expiry date.

Maximum capacity: 10

Fees – Payment Terms

50% deposit amount due payable on signature of the Studio Hire Agreement. Payment of this deposit confirms the booking and is refundable up to 48 hours before the first date the Period of Hire begins, after which point it will be non-refundable. Owner will invoice for the deposit amount on signature, and invoice is payable within 2 business days; and

50% balance amount due and payable before the end of the Period of Hire. The Owner shall deliver a final account to the Hirer which shall include any balance remaining for unpaid Fees, Recharges, additional Hours or other amounts (for example food and beverage purchased in the House).     All Bookings made less than 48 hours prior to the Period of Hire require 100% upfront non-refundable fee payment.

Cancellation Fees

In the event of cancellation of any booking by the Hirer (or by the Owner in accordance with the terms of this Agreement), the Hirer shall pay a Cancellation Fee as follows:

The Owner shall be entitled to apply any amount paid on account by the Hirer held by the Owner or its agents to meet the Hirer’s obligation to pay cancellation fees. Any unpaid balance shall be payable by the Hirer on demand on receipt of an invoice from the Owner.

If the Booking is cancelled by the Owner, the Standard Hire fee paid shall be refunded to the Hirer. If the Booking is rescheduled by the Owner by serving reasonable notice to the Hirer, the Standard Hire fee shall be re-credited to the rescheduled booking. The Hirer shall remain liable for all Owner costs (including any Recharges) and Hirer’s costs in relation to the rescheduled booking. The parties shall mitigate their costs where reasonably possible.