Recording Terms of Business

SMP Terms of Business - Recording Sessions

Effective January 15, 2007

Prices on brochures and advertising are subject to change without prior notice. Prices do not

include tape stock or other materials unless otherwise specified. Prices to be charged shall be

the prices in force at time of invoicing. Transportation of tape or hard drives to and from the

office of Stewart McLellan Productions (herinafter referred to as SMP) shall be at customers

risk and expense.

Sales Tax

The customer guarantees that the sales tax exemption numbers (if any) listed on the invoice

are valid for the work done by SMP.

Terms of Payment

All work is accepted on a C.O.D. basis unless other arrangements have been made and have

been listed on the invoice. Any claims for adjustments in connection with an invoice must be

presented to SMP in writing within ten days from the date of the invoice in question. The

customer hereby waives any claim for adjustments in billing which is not timely presented

according to the provisions of this paragraph.

Bookings

The Customer is responsible for time and services booked and is not entitled to any

extensions of the scheduled time without the approval of SMP staff. Bookings are one hour

minimum, with half-hour increments thereafter.

Cancellations

For hourly booked sessions or single day lockouts, cancellation of any work or service

rendered will be charged 50% of cost of services if cancellation takes place within 24 hours of

scheduled start of session.

For block sessions booked two or more consecutive days, cancellation of any work or service

rendered will be charged 50% of cost of services if cancellation takes place within the

duration equal to the length of the lock out prior to the start of the session. For instance, a

two day lock out requires two days advance notice, or a seven day lock out session would

require seven days advance notice.

Terms Regarding Use of the Facilities

SMP will use it's best efforts to ensure that all equipment will be in working condition. Should

time be lost due to equipment failure, SMP agrees to credit the customer for the portion of

time for which the use of the equipment was denied, or should the customer request, SMP

will furnish the equipment for an additional period equal to the time lost due to equipment

failure, subject to obligations to other customers. Except for such obligation, SMP shall have

no further liability in connection with such defective equipment.

Severability

Each term of the Terms Of Business is several from every other and shall survive the nullity

or unenforceability of the other.

Modification

These terms of business can only be modified by an instrument of writing signed by an

authorized representative of SMP.

Return of Customer's Materials

Customer's material left on premises six months after completion of work become property of

SMP.

Customer's Liability of Infringements

The customer shall indemnify and save SMP harmless of and from all suits, claims, demands,

and other liabilities and expenses, including legal fees and disbursements arising out of the

production, distribution, or exhibition of any films, tapes, phonograph records, compact discs,

or any removable or permanent media form or equivalent in connection with which SMP shall

have furnished any goods and services.

Limitation of Liability and Warranty

SMP warrants that it will take every precaution for the safety of clients' materials in

production or storage, however SMP assumes no risks and makes no guarantees unless such

loss or damage is caused by the willful negligence of SMP or any of it's employees acting

within the scope of their authority. In no event, however, shall SMP be liable for more than

the replacement value of the unrecorded tape or any other unprocessed materials. In no

event shall SMP be responsible for any loss incurred by its customer as a direct or indirect

result or consequence of any of the foregoing.

SMP assumes no risks and makes no guarantees concerning the content of materials

prepared for customers, or delivery schedules, arrival times or air-dates of materials prepared

for customers. All risks for content and delivery are assumed by and are solely those of the

customer. SMP shall not insure any of customer's materials while in possession of SMP or

while in transit.

Liens

In consideration of SMP performing work for the customer, SMP shall have a lien on all

customers' tapes, cassettes, CD's, DVD's and other materials and on all tapes, cassettes, CD's

and DVD's made from them until full payment for any due and outstanding accounts is

received. SMP is and shall be entitled to sell, lease, or otherwise dispense of any tape or

other property upon which such lien is granted in its absolute and unfettered discretion upon

giving 30 days notice in writing the customer of its intention to sell, lease, or otherwise

dispose of the tape or property. Such written notice is duly given to the customer if sent by

prepaid registered mail to the customers last known mailing address.

In disposing of the tape or other property referred to in the preceding paragraph, SMP shall

not be required to obtain the best price available. Upon disposing of the tape or other

property, SMP shall obtain from the proceeds an amount equal to the amount owing to it

together with all costs of the disposition and the balance, if any, shall be paid by SMP to the

customer.

The customer has the right, at any time previous to the actual disposition of the tape or the

property, to discharge the lien, by paying SMP the amount claimed in the notice of

disposition, and all reasonable costs and expenses incurred by SMP as a result of the

customer's failure to comply with the terms of this agreement.

Entire Agreement

These Terms of Business and the written contract signed by the customer constitute the

entire agreement between the customer and SMP, and no evidence of any oral agreement or

representation whatsoever shall be admitted to vary, modify, waive, or add to any or all

terms of this agreement.