General Terms and Conditions (GTC) of Air Pressure Records (APR)

1. General

These General Terms and Conditions (GTC) apply to all services and offers from Air Pressure Records (APR). By signing the service contract, the artist confirms that they have read and accepted these terms.

2. Services

APR’s studio provides professional audio production services, as well as session and live guitar performance services, e.g. for other artists or event organizers. Details about the services and communication process are available through this link. Revisions within reasonable limits will be made free of charge unless they require a complete rework of the project or additional file submissions by the client. New deadlines will be set for each revision. The standard data formats provided are detailed in the service description.

3. Booking and Cancellation

The artist must specify the type and manner of service in the order, including style and treatment of audio tracks. Otherwise, APR’s production decisions are binding. Any changes after production starts may incur additional charges. Bookings can be made via email, messaging apps and in my calendar and are binding. APR will confirm appointments by email, messaging apps or my calendar as well. Once confirmed, the appointment is binding. Cancellations or rescheduling must be done at least 2 days before the scheduled date. A contract is established once the customer receives the invoice or order confirmation. Orders can be canceled up to 14 days before the production start. Since all services are "build-to-order," the right of withdrawal is limited. For production orders involving audio material processing (e.g., editing, composing, mixing, mastering), the right of withdrawal expires once processing begins. Processing starts with loading the client's audio files into the DAW. The period starts after receipt of this instruction in text form, not before the contract is concluded and not before fulfilling our information obligations. Timely dispatch of the withdrawal is sufficient. In case of a valid withdrawal, both parties must return received performances. Refund obligations must be fulfilled within 14 days, starting from the customer's dispatch of the withdrawal declaration and from our receipt of it.

Additional Booking and Cancellation Terms for Live Performances

APR holds the date from the moment of the contracting party’s binding confirmation. The contracting party can be a band, solo artist and other musical group or event organizers. Until then, the date can be allocated elsewhere. There is no right of withdrawal for date bookings. If APR is required to study music material, it has to be provided by the contracting party right after the booking. In a case of date change or cancellation, APR must be informed immediately.

4. Prices and Payment Terms

The price agreed upon at the contract conclusion applies. Prices for services are available on request and are individually discussed with artists. Subsequent price changes or special offers are not considered unless agreed conditions cannot be met. Invoices are issued exclusively in euros. APR is exempt from VAT under §19 UStG. Payment is made via PayPal or bank transfer to the specified account. All prices are subject to change. Invoices are to be paid within 14 days, indicating the invoice number. Payment of the agreed fee is either before the service starts or on the agreed date, unless otherwise agreed. Once a version is completed and sent, the artist has 14 days to request changes. If the reasons for changes were not previously known, the client is entitled to two free revisions, provided they do not require a complete rework. This applies particularly to changes in volume, instrumentation, vocals, and mixing ratio. Fundamental production changes (e.g., arrangement, instrumentation) are not considered free corrections but are treated as separate orders. Replacing mastering files by the client (e.g., if mix errors are discovered) is always chargeable as the entire process needs to be redone. For recording, mixing, editing, or tuning, APR charges based on time tracking. Corrections are also chargeable if requested outside the revision period or if changes are made to files afterward. For albums or projects with multiple songs, the revision period starts from the delivery of the last song to be produced, but it always applies to songs that have already gone through the production process. If the client wishes to change the scope of services, they must inform APR in writing. APR will assess the impact on fees, additional efforts, and deadlines and communicate this to the artist in writing. Upon confirmation by the artist, the new conditions (delivery date, fee) become part of the contract. The final version/service produced by APR will be delivered only after payment. The right to corrections exists only after payment is made. After a delay of 30 days, a reminder process through a collection agency and, if necessary, legal proceedings will be initiated, and the client will bear the costs.

5. Rights to Provided Material

The artist is responsible for ensuring that all provided materials (instruments, recordings, etc.) are free from third-party rights and complies with all laws and regulations. APR is not obligated to verify whether submitted files violate legal provisions. In case of legal violations, the artist is solely responsible for any resulting disadvantages and damages. If the artist provides irreplaceable or difficult-to-replace recordings for processing, the risk of loss, including the need for insurance and making backup copies, lies with the artist. APR is liable only for delays caused by the contractor in the processing or production process, limited to the amount of the delay’s direct impact. Liability for third-party services and indirect damages is excluded. APR is not responsible for quality, timeliness, and costs of services performed with equipment or personnel not provided by the studio. If the artist commits to providing materials (audio, image, text, etc.) during contract performance, these must be provided in a common, immediately usable, preferably digital format. If the client realizes that their specifications or requirements are incorrect, incomplete, unclear, or unfeasible, they must inform APR and the visible consequences.

6. Liability and Legal Claims

There is no legal claim to a desired completion date unless guaranteed by the artist. The artist must inquire about all upload requirements with online service providers or labels beforehand. APR is not liable for failed uploads to online portals or rejected data files from labels. Additional costs may arise for format changes after processing. APR excludes liability for damage to files and/or computer systems, including errors arising from digital data transmission. The client must check all mastered files for errors upon receipt before publication or duplication. Complaints must be made within 7 days. After this period, unchallenged audio masters are considered defect-free and contractually compliant. Corrections after the deadline will incur additional charges. Claims for defects based on differing sound and quality expectations are not possible. Custom orders (recording, mixing, mastering, and any audio material changes) are excluded from the right of withdrawal under § 355 Abs. 2 BGB (new version). Withdrawal is excluded once production begins. All services, deliveries, and returns are at the artist’s expense and risk. If the order is placed on behalf of a third party, APR must be informed.

Additional Liability and Claims Terms for Live Performances

In the case that the contracting party is an event organizer, they are responsible for the proper conduct of the event and adherence to safety regulations at their own cost and responsibility. For open-air events, the contracting party assumes full liability for any weather-related damage to the equipment. The contracting party must provide electrical connections in close proximity to the stage at their own responsibility and cost. Equipment may be provided by APR to a limited extent. The power supply must be provided by the contracting party. The dismantling of equipment will occur immediately after the end of the performance time, unless otherwise specified.

7. Copyright

APR retains all rights to works produced under § 455 BGB until full payment is received. For audio and text creations made by APR or provided from archives, performance or reproduction rights remain with APR until all claims from this or other orders are fully paid. All image and sound material produced by APR remains the property of APR until full payment. Before publishing works involving APR, the artist must provide a copy of the audio or visual material. This also applies to advertising.

8. Public Relations

For all productions involving APR, the artist must: a) Maintain confidentiality with third parties, b) Represent APR’s interests (advertising, interviews, etc.), c) Publicly mention APR only with permission, d) Avoid discrediting APR, e) Name APR in all production-related social media posts or uploads to streaming platforms and provide “credits”, f) Always credit APR digitally in the description or booklet for all produced tracks (recording, mixing, mastering). Any violations result in a penalty, and APR reserves the right to terminate the contract. All resulting damages are the artist’s responsibility.

Additional Public Relations Terms for Live Performances

APR allows the contracting party to use their name and likeness in promotional materials related to the event or project. The contracting party agrees to credit APR in all promotional materials as specified in the contract.

The contracting party allows APR to conduct advertising on the day of the event at the event location (distribution of business cards).

The contracting party permits APR to make audio, video, and photo recordings of their performance free of charge. Any rights to these recordings are irrevocably transferred from the contracting party to APR. Recordings will only be published with the contracting party's permission.

9. Illness of APR as live artist

If APR is unable to perform due to illness, all claims under the contract are void. In cases of force major affecting the artist, no claims from the contracting party are due.

10. Data Protection

APR commits to handling personal data confidentially in accordance with applicable data protection regulations. Data is only collected as needed for service provision and shared with third parties only if required to fulfill contractual obligations or based on legal grounds. Further information on data collection, processing, and use by APR is available in the privacy policy at www.airpressurerecords.com/gtc. I ensure high security for your files by storing audio files on local hard drives and avoiding cloud storage. Data exchange occurs via WeTransfer at your own risk. Backup copies of completed productions are kept for at least six months; after that, storage media may be deleted. Claims to these copies expire after this period. I reserve the right to create a backup copy of any material processed and use it minimally as a reference for my social channels and website.

11. Changes

APR reserves the right to change or update these GTC at any time. Clients will be informed of changes in due time. The updated GTC take effect upon publication on my website. Contract changes must be made in writing.

12. Jurisdiction and Applicable Law

All disputes arising from or related to these GTC are subject exclusively to the laws of the Federal Republic of Germany. The place of performance and jurisdiction, as far as legally permissible, is Solingen.

As of: July 2024