1. AGREEMENT. This is a legally binding agreement. By affirmatively accepting these terms, you indicate that you have read this entire agreement and that you understand and accept all of its terms. If you’re part of a band or an artist representative, you attest that you have the legal right to accept this agreement on behalf of all members of your project and/or for those artists whom you represent in engaging me, and for any and all work that you submit to me. The terms of this agreement establish the default terms governing my work for you. A separate written agreement for a specific project may supplement these terms or amend or supersede particular provisions, but only if that agreement explicitly states that it does so. Otherwise, these terms remain in full force and effect. This agreement will apply and remain in force throughout the universe and in perpetuity, unless mutually amended or cancelled in writing by all parties to this agreement.
2. CREDIT. You will credit me exclusively (i.e., “Produced by Kahan James,” “Mixed by Kahan James,” etc.) for any and all services that I perform for you unless otherwise specified in a separate agreement.
3. PROMOTION. I may use any of the material that I work on for you, as well as your artist name and likeness and any associated imagery such as album artwork, for the purpose of promoting my business. You may use my name and likeness and any associated imagery for promoting the work I've done for you.
4. PAYMENTS. I accept payments in USD only. I currently do not assess credit card transaction fees, but clients are responsible for paying any and all other fees that may be imposed by other institutions related to payments, including but not limited to special fees for transaction processing, currency exchange, wire transfer, etc. I require full payment in advance for all post-production services. Payment terms for record production are negotiated and contractualized on a per-project basis.
5. REFUNDS. All payments are final. Except as expressly provided in these terms, I do not provide refunds under any circumstances.
6. EXCLUSIONS. My rates cover my services and technical resources at my studio, and my services at commercial studios. They do not apply to auxiliary expenses like session musician fees, equipment rental, consumables (sticks, picks, heads, strings, etc.), commercial studio fees, staff engineer rates, etc.
7. DEADLINES. I honor deadlines for projects paid at full price only. I offer discounts when possible, and I always strive to deliver timely results, but I cannot accept deadlines on discounted projects. If your project has a deadline, we must agree to the deadline in writing at the time we make arrangements for your project, and before you make payment. I cannot guarantee deadlines introduced after arrangements and payment have been made, or under any other circumstances besides those described here. I fulfill rush requests when circumstances allow. Rush requests must be agreed in writing and paid in advance, and will be subject to a rush fee of no less than 50% and no more than 100% of the applicable standard rate, depending on the circumstances.
18. CANCELLATION & NO-SHOW. If you cannot be present or punctual for time you’ve booked with me, you must cancel no less than 24 hours before the start of your appointment, or you will still be financially responsible for that time. If you are late, you will be billed from the start of your appointment. If you do not show, you will be billed for the full time that you booked.
9. INACTIVITY. If I have notes or material from you to be worked on and 30 days pass without my having made meaningful progress toward the work or delivered results, and I have not given you ample notice and reasonable cause for the delay, you will be entitled to a refund of fees paid for services that I have not yet performed, as reasonably determined based on the circumstances of the project, and the return of all your musical materials in my possession at that time. If I am awaiting materials, instruction, or feedback from you and 30 days pass without you providing the materials, instruction, or feedback necessary for me to continue the work, and you have not given me ample notice and reasonable cause for the delay, I will be entitled to stop work on your project immediately and permanently, to keep 100% of all fees I have collected from you up to that time, and to dispose of your recorded materials at my discretion.
10. DISASTER. If I am injured, my equipment is damaged or stolen, or some other unforeseen disaster occurs which physically or logistically prevents me from working on your project as planned, you will allow me at least 90 days from the date of the disaster to adapt and resume work on your project, before the “inactivity” terms above apply or commence. If you are injured or some other unforeseen disaster occurs which physically or logistically prevents you from communicating or collaborating with me as planned, I will allow you at least 90 days from the date of the disaster to adapt and resume work on your project, before the “inactivity” terms above apply or commence.
11. LIABILITY. You will compensate me fully for any damage or loss to my property or equipment due to accident or misuse on your part.
12. SUBJECTIVITY. Due to the subjective nature of the artistic services that I provide, the determination of a project’s completion is not purely a matter of my clients’ opinion. In other words, I cannot work on a project indefinitely. I will make every effort to devote a fair and appropriate amount of time and attention to your project. Demands that could result in personal, financial, legal, or professional injury or undue stress to me will not be considered.
13. REVISIONS. Requests for revisions must remain within the reasonable scope of the services arranged for your project. Requests that materially change the agreed creative direction, require substantial additional work, or otherwise exceed the scope of the services arranged may be treated as additional services and may be subject to additional fees.
14. CONDUCT. I will not tolerate abusive or threatening behavior from my clients or their associates. If you or an associate of yours behaves aggressively toward me, my associates, my property, or my equipment, I will discontinue your project immediately, you will forfeit any monies you have paid me, and I will pursue compensation for damages and/or criminal prosecution as applicable.
15. CLIENT MATERIALS & RIGHTS. You represent and warrant that you have all rights, permissions, and authority necessary to provide me with any material you submit or otherwise make available to me for your project and to authorize me to perform the services requested. You are responsible for any claims or disputes arising from your failure to have those rights, permissions, or authority, and you agree to indemnify and hold me harmless from claims, damages, liabilities, costs, or expenses arising from your breach of this representation.
16. PROJECT FILES & MATERIALS. I may, but am not obligated to, retain copies of project files, recordings, mixes, masters, and other materials associated with your project. I have no obligation to retain or archive any such materials after delivery of the completed work, and you are responsible for maintaining your own copies of all materials delivered to you. Once your project has been delivered and confirmed as complete, I may dispose of or delete any project files or materials in my possession at any time and for any reason.
17. GOVERNING LAW & DISPUTES. This agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict-of-law principles. Any legal action or proceeding arising out of or relating to this agreement shall be brought in the state or federal courts located in King County, Washington, and the parties consent to the jurisdiction of those courts.
18. SEVERABILITY. If any provision of these terms is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect.