Booking Agreement

Booking Agreement and Studio Rules

This Booking Agreement ("Agreement") is entered into between Vegas Podcast Studios, LLC ("Studio") and the Client ("Client") for the use of studio recording services as described herein.

1. License and Ownership

1.1 License and Release

By entering this Agreement, the Client and participants (including Guests) grant Vegas Podcast Studios a worldwide, perpetual, irrevocable, royalty-free license to use their name, image, voice, and performance from the Session materials for marketing and promotional purposes across all media. All participants release Vegas Podcast Studios from any related claims. The Client must inform Guests of this provision and secure their agreement before the Session begins.

1.2 Ownership of Materials

All content, recordings, photographs, audio, video, and other materials produced during the Session are the exclusive property of the Client who booked and paid for the Session.

1.3 Copyright Registration

The Client is responsible for registering copyrights for the content produced during the session. While the Client owns the content per this Agreement, Vegas Podcast Studios does not represent copyright registration and will not manage the process for the Client. The Client understands that copyright registration offers additional legal protections and remedies against infringement.

1.4 Digital Distribution Rights

The Client retains ownership of the content but grants Vegas Podcast Studios the right to:

- Store copies of the content as specified in the File Retention section;

- Use excerpts for promotion on all digital platforms;

- Include the Client's program name and details in the Studio's portfolio.

The Client maintains rights to distribute the content on all platforms, including podcast services, social media, and other media channels.

2. Booking and Payment

2.1 Booking

All sessions are charged per hour.

Audio Podcast Rates:

Starter Audio Package: $100 per hour
Essentials Audio Package: + Additional $75
Deluxe Audio Package Upgrade: + Additional $200

Video Podcast Rates:

Starter Video Package: $175 per hour (includes real-time editing)
Essentials Video Package: + Additional $150
Deluxe Video Package Upgrade: + Additional $400

Full payment is required upfront to secure the session. Clients must be at least 18 years of age to book a session.

2.2 Cancellation and Refunds

Cancellations:

If you cancel your session with 48 to 24 hours' notice, you will receive a 50% refund of the total booking fee.
If you cancel your session with less than 24 hours' notice, you will forfeit the entire payment.

Rescheduling:

If you reschedule your session with 48 or more hours' notice, there is no penalty or additional fee.
If you reschedule your session with less than 24 hours' notice, a rebooking fee of 10% of your total session price will apply.

Clients who cancel or reschedule with less than 24 hours' notice more than twice within a three-month period will lose the ability to reschedule for 90 days. After this period, rescheduling privileges will be reinstated.

2.3 Payment Policy

Full payment for balances due after a session, including overtime or additional purchases, is required before delivery of any audio or video files. Failure to pay within 30 days will lead to permanent deletion of all session files with no refunds to Client.

3. Session Participants

3.1 Client Responsibilities

The Client is responsible for ensuring that all participants in the session, including themselves and any Guests, comply with this Agreement.

3.2 Guest Authorization

The Client acknowledges and agrees that they are responsible for informing all Guest participants that they will be subject to the terms and conditions of this Agreement.

3.3 License to Studio

The Client confirms having obtained permission from all Guest participants to grant Vegas Podcast Studios a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, distribute, display, and publish the Guest's name, image, likeness, voice, and performance captured in the Materials for marketing and commercial purposes in any media now known or developed. This license complements the blanket license granted in the "License and Ownership" section of this Agreement.

3.4 No Compensation

The Client acknowledges that Guest participants receive no additional compensation for the Studio's use of their likeness or the Materials. Any compensation offered to Guests for participating in recording sessions is solely between the Client and those Guests. The Studio is not responsible for any compensation arrangements or disputes between the Client and Guests participants.

3.5 Mutual Confidentiality

The Client will ensure that all Guest participants agree not to disclose confidential or proprietary information accessed during the Session, including business strategies, creative concepts, and unreleased materials. The Studio will also not share specifics of the recording session, including topics discussed, names of Guests, or other identifying details, except as necessary for internal operations or as required law.

3.6 Release of Liability

The Client confirms that all Guests release and hold harmless the Studio, its owners, directors, officers, employees, and affiliates from any claims or damages related to their participation in the Session or Studio's use of Materials.

4. Studio Rules

4.1 Session Timing

Each session includes 10 minutes of setup time, which does not count against purchased recording time. Recording time includes an additional 120 seconds beyond the purchased hour(s). Recording will cease exactly at the end of the purchased session time plus 2 minutes.

4.2 Session Splitting

Clients may book a 1-hour session and opt to record it as two (2) separate 30-minute segments within that hour. This Split Recording service is available for an additional $25 fee.

A 30-minute session is the minimum session length.

All recordings must be completed on the same day and cannot be "saved" for later or recorded at a different time.

Clients must specify in advance if they want to split their session.

4.3 Beverage Policy

All beverages near equipment must have a solid lid at all times to prevent spills and damage. Food is not permitted in the studio to avoid any risk of damage to our equipment.

4.4 Damage Responsibility

Clients are responsible for any damage to studio equipment caused by negligence.

4.5 Behavior

Clients must conduct themselves in a professional manner while on studio premises. The Studio reserves the right to terminate a session without refund if a Client or their Guests engage in inappropriate behavior.

4.6 Punctuality

Clients are expected to arrive on time for their scheduled session. A 5-minute grace period is allowed for late arrivals. After this period, the session may need to be rescheduled, and a 10% no-show fee will apply. This fee must be paid before booking a new session or releasing any files.

4.7 Preparation

Clients are responsible for arriving prepared, including having scripts, notes, or any necessary materials ready.

5. Services and Deliverables

5.1 Editing Packages

Starter Packages

Starter Audio: $100 per hour Includes:

Editing of audio at the beginning and end of the show to eliminate any gaps.

Starter Video: $175 per hour Includes:

Editing of recording at the beginning and end of the show to eliminate any gaps.
Real-time editing. The studio producer creates a finished multi-camera production in real time by live switching between camera angles during recording, eliminating the need for post-production editing.

Essentials Packages

Essentials Audio: + Additional $75 Includes:

Noise reduction and volume leveling to ensure consistent sound levels.
Basic cleanup, including removing awkward silences, filler words, or minor mistakes as requested.
1 free revision included.

Essentials Video: + Additional $150 Includes:

3 HD Cameras with multiple-angle capture.
Basic show introduction animation with sound/music.
FREE Real-time editing, noise reduction, and volume leveling.
Trim edits to the intro and outro.
1 free revision included.

Deluxe Packages

Deluxe Audio: + Additional $200 Includes:

Advanced noise reduction and cleanup, precision volume leveling, and audio mastering.
Removal of complex audio imperfections, including cross-talk and overlapping dialogue.
Inserting any Client-requested audio drops/clips.
Produced voiceover intro and outro.
2 free revisions included.

Deluxe Video: + Additional $400 Includes:

3 HD Cameras with multiple-angle capture.
CUSTOM original show introduction animation with sound/music to match your brand.
Produced voiceover intro and outro.
Visual call-outs (photos, videos, websites, etc.).
Lower third titles.
Color correction.
FREE Real-time editing.
Noise reduction and volume leveling.
Trim edits to the intro and outro.
2 free revisions included.

5.2 Add-Ons

Podcast Split: +$25

Divide your one-hour recording session into two 30-minute sessions

Spotlight Reels: +$150

3 vertical videos
9:16 aspect ratio (1080 x 1920)
Enhanced audio, English captions, music
Length: (00:05-00:59) Up to 60 seconds

Produced Voiceover Intro and Outro: +$175

Choose from three distinct voices for your custom show intro, each lasting 30 seconds. We provide a professionally produced outro to conclude your podcast. Both include tailored music, and we'll help craft a script that fits your show's vibe. Clients can make 2 changes within 48 hours of delivery; after that, the audio is considered accepted, and further changes require a new purchase package.

Rush Delivery: +$100

Receive your finished production in 3 business days

5.3 Turnaround Times

Standard Delivery: 5 business days
Rush Delivery: 3 business days for an additional $100 fee

The Client acknowledges and agrees that these delivery times are estimates only. If necessary, the studio may require up to 10 business days to complete editing packages, and no compensation will be due to the Client if this extended time is needed. The Studio will make reasonable efforts to notify the Client if delivery is expected to exceed the standard timeframes.

5.4 Membership Terms and Conditions

1. Membership Packages

VPS provides the following membership options:

Essentials 2 Membership: ◦ Cost: $485/month, includes 2 sessions per month.
Essentials 4 Membership: ◦ Cost: $850/month, includes 4 sessions per month.
Deluxe 2 Membership: ◦ Cost: $950/month, includes 2 sessions per month.
Deluxe 4 Membership: ◦ Cost: $1,600/month, includes 4 sessions per month.
Unlimited Essentials Membership: ◦ Cost: $4,500/month, offers unlimited sessions per month. Note: "Unlimited" means a maximum of 2 sessions per day or 60 sessions in a 30-day period.
Unlimited Deluxe Membership: ◦ Cost: $9,000/month, offers unlimited sessions per month. Note: "Unlimited" means a maximum of 3 sessions per day or 90 sessions in a 30-day period.

2. Membership Benefits

Each Membership provides various benefits and service levels. For the most up-to-date list of included services, please visit our website.

3. Membership Terms

Memberships automatically renew unless canceled by the customer.
Memberships represent prepaid credits for services rendered.
Sessions must be used within 30 days of the start of the membership cycle; any unused credits will expire and cannot be saved or carried over to the next cycle.
No refunds or credits will be issued for unused sessions.
Customers must maintain an active online account to purchase and use Memberships.
Included services, membership levels, and pricing are subject to change without notice.

4. General Terms

VPS reserves the right to modify or terminate Memberships, pricing, or terms at its discretion.
These terms are governed by the laws of the State of Nevada.
By purchasing a Membership, you consent to receive communications about your Membership and VPS services.

6. Client Input and Revisions

Clients will have the opportunity to discuss the show after the session and request any reasonable modifications before the editing phase begins.

Starter Editing Package: No revisions permitted
Essentials Editing Package: Up to 1 free revision included after reviewing the edited podcast.
Deluxe Editing Package: Up to 2 free revisions included after reviewing the edited podcast.
All revisions must be requested within the 48-hour window as specified below.

Clients will have 48 hours to request any revisions. The deadline for submitting changes is specified in the email sent upon completion of production. All material is considered "accepted" by the Client if no revision requests are made within 48 hours of delivery. Delivery date and time is determined by email time stamps from Vegas Podcast Studios email addresses. Client agrees that this email time stamp will be the determined "start" time of their 48-hour revision window. Any additional revisions beyond the included allowance will be charged at $100 per hour for audio only editing and $200 per hour for video editing, with a 1-hour minimum.

7. Equipment and Technical Support

7.1 Equipment Use

Clients must use studio equipment as directed by Studio staff. Any unauthorized use of equipment is prohibited.

7.2 Technical Issues

In the event of technical issues at the studio, reasonable efforts will be made to address them. Any downtime resulting from studio equipment failures will not be deducted from the booked time. Should a technical problem occur after the session concludes and during post-production, the studio will provide a complimentary re-record. The session will be rescheduled at no additional charge.

7.3 Recording Specifications

Vegas Podcast Studios currently records audio files in MP3 stereo format at a sample rate of 44.1kHz and 16-bit resolution, and records and streams all video content at a maximum resolution of 1080p (Full HD). The client recognizes and agrees that this is the maximum video resolution offered for podcast recording services. There are currently no options for 2K, 4K, or higher resolutions. This limitation applies to all video packages, regardless of tier or pricing.

7.4 Client Equipment

The Studio may, at its sole discretion, permit Clients to use their own equipment during sessions under the following conditions:

Prior Approval: All Client equipment must be approved by the Studio at least 48 hours before the scheduled session.
Technical Compatibility: Client equipment must be compatible with the Studio's systems. The Studio reserves the right to refuse the use of any equipment that may interfere with or damage Studio systems.
Limited Support: The Studio will provide basic assistance with setup, but cannot provide technical support or troubleshooting for Client equipment.
Time Management: Setup, configuration, and troubleshooting of Client equipment will count against the Client's booked session time.
Liability: The Studio is not responsible for any malfunction, damage, or performance issues related to Client equipment. The Client assumes all risks associated with using their own equipment.
No Discount: Use of Client equipment does not entitle the Client to any discount or reduction in fees.
Data Security: The Client is solely responsible for the security of data stored on their equipment.
Session Integrity: If Client equipment fails during a session, the Studio has no obligation to extend session time or provide compensation.

The Studio's decision regarding the use of Client equipment is final and may be revoked at any time if the equipment causes technical issues, delays, or other disruptions to studio operations.

8. Rights and Confidentiality

8.1 Confidential Information

The Client agrees to keep confidential any proprietary information shared by the Studio, including but not limited to business operations, audio files, and technical processes.

8.2 Rights Clearance

The Client is solely responsible for securing all necessary rights, licenses, permissions, releases, and waivers for any third-party content included in their recording, including but not limited to:

Music, sound recordings, and compositions;
Quotes, excerpts from books, articles, or other publications;
Trademarks, logos, or brand references;
Images, video clips, or other visual media;
Names, likenesses, or identities of individuals who are not present during the recording.

The Client represents and warrants that they have secured all such rights prior to the recording session. Vegas Podcast Studios accepts no responsibility for rights clearance and makes no representations about the legality of Client content.

9. File Retention

9.1 File Storage

Audio and video files will be held for 180 days only. After this period, all files will be permanently deleted.

10. Legal Protections

10.1 Liability Waiver

The Client agrees to hold Vegas Podcast Studios harmless from any claims, damages, or liabilities arising from the use of the studio facilities or services.

10.2 Indemnification

The Client agrees to defend, indemnify, and hold harmless Vegas Podcast Studios, its officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from or relating to:

Any breach of this Agreement by the Client or Guest participants;
The content of the Client's recording session, including but not limited to claims of defamation, invasion of privacy, copyright infringement, or violation of any other intellectual property rights;
Any actions, behavior, or statements by the Client or their Guests during the recording session;
Any failure by the Client to secure necessary releases, licenses, or permissions for content included in their recording.

This indemnification shall survive the termination of this Agreement.

10.3 Insurance

The Client is responsible for obtaining their own insurance coverage for their equipment, personal belongings, and potential liability arising from their content. Vegas Podcast Studios maintains general facility insurance but does not provide coverage for Client equipment, content-related claims, or personal injury to the Client or their Guests beyond standard premises liability.

10.4 Content Restrictions

Vegas Podcast Studios reserves the right to refuse service or terminate sessions that involve content that is, in the Studio's sole discretion:

Illegal under local, state, or federal law;
Defamatory, libelous, or slanderous;
Promoting hate speech or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
Excessively violent or graphic;
Pornographic or sexually explicit;
Promoting harm to individuals or groups;
Violating the intellectual property rights of others;
Promoting illegal drugs or activities; or
Otherwise deemed inappropriate or objectionable by the Studio.

The Client acknowledges that the Studio has no obligation to monitor content but reserves the right to do so and to remove or refuse any content that violates these restrictions.

10.5 Anti-Harassment Policy

The Client and all Guest participants agree to conduct themselves professionally and refrain from any form of harassment or discrimination while on Studio premises or during interactions with Studio staff. This includes but is not limited to harassment based on race, gender, religion, nationality, disability, sexual orientation, or age. Vegas Podcast Studios has a zero-tolerance policy for harassment and reserves the right to immediately terminate sessions and future bookings without refund if the Client or any Guest participant engages in harassing behavior.

10.6 Force Majeure

Vegas Podcast Studios shall not be held liable for any failure or delay in providing services due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, power failures, technical failures, pandemic-related restrictions, government regulations, civil unrest, terrorist attacks, or other extraordinary events that prevent or hinder the ability to deliver services. In such cases, the Studio will make reasonable efforts to reschedule or accommodate the Client, but no refunds or credits will be issued for time lost due to such events.

11. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, interpretation, breach, or termination, shall be resolved as follows:

Informal Resolution: The parties will attempt in good faith to resolve any dispute informally through negotiation between representatives who have authority to settle the dispute.
Mediation: If the dispute cannot be resolved through negotiation within 30 days, either party may initiate mediation by providing written notice to the other party. The mediation will take place in Clark County, Nevada, with a mediator mutually agreed upon by both parties. The costs of mediation will be shared equally.
Arbitration: If the dispute is not resolved through mediation within 60 days of the initiation of mediation, the dispute shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will be conducted in Clark County, Nevada, by a single arbitrator. The arbitrator's decision will be final and binding.
Venue: If litigation becomes necessary, the parties agree that the exclusive venue for any legal action shall be the courts located in Clark County, Nevada.
Attorney's Fees: The prevailing party in any dispute resolution process shall be entitled to recover reasonable attorney's fees and costs.

12. General Terms

12.1 Effective Date

This Agreement is effective as of August 31, 2024.

12.2 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada.

12.3 Assignment

The Client may not assign, transfer, or delegate any rights or obligations under this Agreement without the prior written consent of Vegas Podcast Studios. Any attempted assignment without such consent shall be void. Vegas Podcast Studios may assign its rights and obligations under this Agreement at its discretion.

12.4 Severability

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable for any reason by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to negotiate in good faith to replace the invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that reflects the original intent of the parties as closely as possible.

12.5 Use of Material

All material recorded, both audio and video, may be used by Vegas Podcast Studios for marketing and promotional purposes without compensation to the Client or participants.

13. Modifications

Vegas Podcast Studios reserves the right to modify this Booking Agreement and Studio Rules at any time, with or without notice. Changes will be effective immediately upon posting. It is the responsibility of the Client to review these documents periodically to stay informed of updates. Continued use of studio services signifies acceptance of the modified terms.

By making any purchase or booking with Vegas Podcast Studios, Client and all Guests/Participants agree to abide by the terms and conditions outlined in this Agreement.

When purchasing or booking with Vegas Podcast Studios, the Client and all Guests/Participants consent to follow the terms and conditions specified in this Agreement.