Phoenix Sound Studios
1. Studio Bookings
1.1 Booking Enquiries and Confirmation
All recording sessions at Phoenix Sound Studios must be booked in advance and are subject to studio availability. A booking is considered confirmed once the booking arrangements have been agreed upon and any applicable deposit or payment requirements have been satisfied. Confirmation and payment requirements may vary depending on the type of service or project.
1.2 Minimum Booking Duration
A minimum booking of two hours applies to standard recording sessions, unless otherwise agreed in advance. Special packages, gift vouchers and other services may be subject to their own booking conditions.
1.3 Session Duration and Additional Time
Clients are responsible for arriving prepared to make the best use of their booked session time. Sessions will ordinarily conclude at the agreed finishing time.
Additional studio time may be available by agreement, subject to studio availability, and will be charged at the applicable hourly rate. Any extension must be approved by Phoenix Sound Studios before additional time is undertaken.
1.4 Guests and Visitors
Clients may request to bring guests to a recording session, subject to reasonable limits and prior approval by Phoenix Sound Studios. Guest numbers may be restricted according to the nature of the session, available studio space, safety requirements and operational needs.
Clients are responsible for ensuring their guests behave respectfully, follow studio instructions and do not interfere with the recording process or studio equipment.
1.5 Client Responsibilities
Clients should arrive on time and bring any necessary materials for their session, including instruments, lyrics, backing tracks or other relevant files, as applicable to their project.
Clients are responsible for ensuring they have the necessary rights or permissions to use any music, backing tracks, recordings or other materials they supply.
Phoenix Sound Studios will take reasonable care when handling client-supplied materials and equipment. Clients should advise the studio of any specific requirements before their booking.
1.6 Changes to Booking Arrangements
Any changes to the agreed booking date, time, duration or service requirements must be discussed with Phoenix Sound Studios and are subject to availability and agreement.
Cancellations and rescheduling are covered by the Cancellation & Rescheduling Policy.
1.7 Payment Terms
Applicable rates, deposits and payment arrangements will be communicated to the client before the booking or project is confirmed. Payment terms may vary depending on the service, project scope and individual agreement.
Clients are responsible for paying the agreed fees for services provided and any additional work or time approved in advance.
1.8 Consumer Rights
Nothing in these Terms & Conditions excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law or other applicable legislation.
2. Cancellations & Rescheduling
2.1 Rescheduling a Booking
If you need to change your booking, please contact Phoenix Sound Studios as soon as possible.
Clients may request one reschedule without a rescheduling fee, provided at least 48 hours’ notice is given before the scheduled booking. All rescheduled bookings are subject to studio availability and confirmation by Phoenix Sound Studios.
Any subsequent rescheduling requests may be considered on a case-by-case basis.
2.2 Late Cancellations
Cancellations made less than 48 hours before the scheduled booking may result in the retention of a deposit already paid, where permitted by law and in accordance with the agreed booking terms.
Where no deposit has been paid, Phoenix Sound Studios may seek reasonable compensation for losses or costs arising from the late cancellation, where legally permitted. Any amount charged will take into account the circumstances of the cancellation and any costs or losses that could reasonably have been avoided.
2.3 Missed Bookings and No-Shows
If a client fails to attend a confirmed booking without providing notice, the booking will be treated as a no-show.
The full booked session fee will be charged for missed bookings and no-shows, or any prepaid amount covering that session will be retained, subject to applicable law and the agreed booking terms.
Clients who are running late or unable to attend must contact Phoenix Sound Studios as soon as possible. Any exceptional circumstances will be considered at the studio’s discretion.
2.4 Gift Voucher Bookings
Gift voucher holders are subject to the same booking and cancellation requirements as other clients.
Where a gift voucher session is rescheduled with at least 48 hours’ notice, one reschedule will generally be permitted without penalty, subject to availability.
Late cancellations or missed appointments may result in the loss of some or all of the reserved session entitlement, where this is permitted by law and under the applicable voucher and booking terms.
Any remaining voucher balance or unused entitlement will be handled in accordance with the applicable voucher terms. A cancellation or missed booking will not automatically extend a voucher’s expiry date, except where required by law or otherwise agreed.
2.5 Prepaid Bookings and Projects
For bookings or projects paid for in advance, refunds, retained deposits and any outstanding amounts will be assessed in accordance with the agreed terms, the work already completed, any reasonable costs incurred and applicable consumer law.
Where a client cancels a project after work has commenced, Phoenix Sound Studios may charge for work completed and reasonable, unavoidable costs incurred up to the cancellation date, where permitted by the agreed terms and applicable law.
Any refund due will be assessed accordingly.
2.6 Illness and Exceptional Circumstances
Phoenix Sound Studios understands that illness, emergencies and unforeseen circumstances can arise.
Where a client is unable to attend due to genuine exceptional circumstances, please contact the studio as soon as possible. Each situation will be considered individually, and reasonable alternative arrangements may be offered where practicable.
2.7 Cancellations by Phoenix Sound Studios
If Phoenix Sound Studios needs to cancel or reschedule a confirmed booking, we will notify the client as soon as reasonably possible and make reasonable efforts to arrange an alternative date.
If the booked service cannot be provided, any refund or other remedy will be handled in accordance with the agreed terms and applicable consumer law.
2.8 Australian Consumer Law
Nothing in this policy is intended to exclude, restrict or modify any rights or remedies available to consumers under the Australian Consumer Law or other applicable legislation.
3. Gift Vouchers
3.1 General Conditions
Phoenix Sound Studios offers gift vouchers for specified studio recording packages and Custom Studio Time. Each voucher is subject to the inclusions, value, validity period and conditions stated at the time of purchase.
Gift vouchers are redeemable only for eligible services provided by Phoenix Sound Studios and cannot be exchanged for cash, except where required by law.
3.2 Validity and Expiry
Gift vouchers are valid for three years from the date of purchase or supply, as applicable under Australian law. The issue date and expiry date will be displayed on the voucher or provided with the voucher confirmation.
A booking using a gift voucher must be arranged and confirmed by Phoenix Sound Studios before the voucher’s expiry date. If a booking is confirmed before expiry but the studio session is scheduled for a later date due to availability, the voucher will remain valid for that confirmed booking.
Recipients are encouraged to book well in advance of the expiry date to allow sufficient time to arrange a suitable session.
Nothing in this clause excludes or limits any rights or remedies available under the Australian Consumer Law or other applicable legislation.
3.3 Voucher Recipients and Transferability
Gift vouchers are issued for the intended recipient and are intended for that person’s use.
Transfer requests must be made to Phoenix Sound Studios for consideration before the voucher is used. Any restriction on transfer will be applied subject to applicable law.
Gift vouchers must not be resold for commercial purposes without prior written approval from Phoenix Sound Studios.
3.4 Studio-Time Gift Vouchers
Bronze, Silver, Gold and Platinum vouchers provide the studio time and inclusions specified in the relevant package description.
The session duration, services and additional benefits included in each package are limited to those stated at the time of purchase.
Bookings are essential and subject to studio availability. Recipients should contact Phoenix Sound Studios in advance to arrange a suitable session date.
Any services, studio time or additional requirements outside the stated package inclusions may incur additional charges, which will be discussed and agreed upon before the additional services are provided.
3.5 Custom Studio Time Vouchers
Custom Studio Time vouchers have a specified monetary value that can be applied towards eligible Phoenix Sound Studios services, including recording, mixing, mastering, audio restoration and other services offered by the studio.
The voucher balance will be deducted from the cost of the service purchased.
If the service costs more than the remaining voucher balance, the recipient must pay the difference before or as otherwise agreed for the service.
Where a purchase costs less than the voucher’s available balance, the remaining balance may be used towards a subsequent eligible purchase before the voucher expires.
Voucher balances cannot be exchanged for cash, except where required by law.
3.6 Booking and Availability
All sessions and services must be arranged in advance and are subject to availability.
Recipients are encouraged to book well before the voucher expiry date to allow sufficient time to arrange a suitable appointment.
Bookings made using gift vouchers are subject to the Phoenix Sound Studios Cancellation & Rescheduling Policy.
3.7 Cancellations and Rescheduling
Gift voucher bookings are subject to the same cancellation and rescheduling requirements that apply to other studio bookings.
Where a booking is rescheduled with at least 48 hours’ notice, one reschedule will generally be permitted without a rescheduling fee, subject to availability.
Late cancellations and missed bookings will be handled in accordance with the Cancellation & Rescheduling Policy and the applicable voucher terms.
Any loss of prepaid value or session entitlement will be subject to applicable law and the agreed booking conditions.
3.8 Lost, Stolen or Misplaced Vouchers
Recipients should keep their electronic gift voucher and voucher details secure.
If a voucher is lost or cannot be located, the purchaser or recipient should contact Phoenix Sound Studios. Where reasonably possible, the studio may verify the original purchase and reissue the voucher details.
Reissue requests are subject to verification of the original voucher and checks to ensure that it has not already been redeemed or replaced.
3.9 Refunds and Consumer Rights
Gift vouchers are generally non-refundable and cannot be exchanged for cash, except where required by law.
Nothing in these conditions excludes or limits any rights or remedies available under the Australian Consumer Law, including rights that may apply where a service is not supplied in accordance with legal requirements.
3.10 Electronic Delivery
All Phoenix Sound Studios gift vouchers are delivered electronically by email. No physical voucher is posted.
The purchaser is responsible for providing a correct email address and should check their inbox and junk or spam folders if the voucher does not arrive.
If a voucher has not been received, please contact Phoenix Sound Studios for assistance.
4. Mixing and Mastering Services
4.1 Pricing and Scope of Work
Mixing and mastering services are charged per hour, unless otherwise agreed in writing. Where appropriate, Phoenix Sound Studios may provide an estimate or quote based on the project requirements, supplied audio files and requested deliverables.
The agreed scope of work, estimated time, deliverables and any specific project conditions will be communicated before work begins where practicable.
If additional work is required beyond the agreed scope or estimate, Phoenix Sound Studios will advise the client of any additional charges before proceeding where practicable.
4.2 Client-Supplied Audio Files
Clients are responsible for supplying all audio files and other materials required for their project in a suitable format and condition. Files should be complete, correctly labelled and prepared in accordance with any instructions provided by Phoenix Sound Studios.
Missing, incorrectly labelled, incomplete or corrupted files, or files requiring additional preparation, may result in additional work and charges at the applicable hourly rate. Any additional charges will be communicated to the client before the additional work proceeds where practicable.
Clients should retain their own copies of all supplied audio files and project materials.
4.3 Revisions and Additional Work
One revision is included at no additional charge for each mixing or mastering project, provided the requested changes fall within the original agreed scope of work.
A revision means a reasonable adjustment to the completed mix or master based on the client’s feedback. Requests involving substantial changes to the original brief, replacement or addition of source material, extensive reworking, or other work outside the original scope may be treated as additional work.
Further revisions beyond the included revision, and any additional work outside the agreed scope, will be charged per hour. Where practicable, Phoenix Sound Studios will advise the client of the anticipated additional charges before proceeding.
4.4 Payment Terms
Payment arrangements will be agreed with the client before work begins and may vary depending on the project. Payment may be required upfront, by deposit, at agreed milestones or upon completion.
Where an outstanding balance remains unpaid, Phoenix Sound Studios may withhold delivery of final files to the extent permitted by law and the agreed payment terms.
4.5 Final Deliverables
The final deliverables will be those agreed with the client before or during the project. These may include finished audio files in WAV, MP3 or another agreed format.
Unless expressly included in the project agreement, the service does not include delivery of digital audio workstation sessions, multitrack sessions, individual processing tracks, plugins, presets or other working materials.
Additional deliverables or format conversions requested outside the original agreement may incur additional charges, which will be communicated before the work proceeds where practicable.
4.6 Client Review and Approval
Clients are responsible for reviewing the supplied deliverables and providing clear feedback within a reasonable timeframe.
Feedback must relate to the agreed project scope and is subject to the included revision allowance. Additional revisions or work outside the agreed scope may incur additional charges under Section 4.3.
Client approval of a mix or master confirms acceptance of the creative result, subject to any rights and remedies available under Australian Consumer Law.
4.7 Project Files and Storage
Phoenix Sound Studios will retain relevant project files for 90 days after project completion, unless another retention period is agreed in writing.
Clients are responsible for downloading and securely backing up their final deliverables. Phoenix Sound Studios does not guarantee the availability of project files after the 90-day retention period.
Requests to retrieve, reopen or make further changes to archived projects may incur additional charges at the applicable hourly rate and are subject to the availability of the files and the studio’s resources.
4.8 Copyright and Client-Supplied Materials
Clients are responsible for ensuring they have the necessary rights, permissions and licences to use any recordings, compositions, samples, backing tracks or other materials supplied for mixing or mastering.
Phoenix Sound Studios does not authorise the use of copyrighted material without the required permissions. Ownership and permitted use of recordings and other materials remain subject to applicable law and any written agreement between the studio and the client.
4.9 Audio Quality and Consumer Rights
The results achievable through mixing and mastering depend on the quality, condition and technical characteristics of the supplied audio. Phoenix Sound Studios will exercise reasonable care and skill in providing its services but cannot guarantee a particular artistic, commercial or distribution outcome.
Nothing in these terms excludes, restricts or modifies any rights or remedies available to consumers under Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
5. Audio Restoration and Forensic Audio Services
5.1 Scope of Services
Phoenix Sound Studios provides audio restoration, enhancement and examination services, which may include reducing unwanted noise, hiss, hum, clicks, crackle and distortion, and improving speech intelligibility where practicable.
The scope of each project depends on the condition of the supplied recording, the client’s requirements and the nature of the requested service. The agreed scope, deliverables, fees and estimated turnaround time will be communicated before work begins where practicable.
5.2 Client-Supplied Recordings and Source Material
Clients are responsible for supplying the recordings and relevant information required for the work. This may include original recordings, file details, recording history or other contextual information.
Clients should supply the best available source recording and retain their own backup copies. Where possible, original recordings should be preserved without alteration before submission.
Phoenix Sound Studios will take reasonable care when handling supplied files and will generally work on copies rather than modify the original source material. Physical media supplied for transfer or restoration will be handled with reasonable care, having regard to its age, condition and fragility.
Clients must advise the studio of any known damage, playback issues or special handling requirements.
5.3 Restoration and Enhancement Limitations
Audio restoration and enhancement can improve the clarity and usability of a recording, but the results depend on the quality and condition of the original source.
Unwanted sounds may overlap with speech or music, and removing them may also affect wanted audio. Distortion, missing information, severe background noise, low recording levels and other source limitations may prevent certain sounds from being recovered clearly.
Phoenix Sound Studios will exercise reasonable care and skill but cannot guarantee that every word, sound or musical detail will be recovered, or that a recording will meet a particular subjective expectation.
Where the source material significantly limits the achievable result, the studio may explain those limitations and discuss available options with the client.
5.4 Forensic Audio Examination
Forensic audio services may involve the technical examination, enhancement, comparison or analysis of recordings for investigative, evidentiary or legal purposes.
The specific work undertaken will depend on the agreed instructions and may include audio enhancement, examination of recording characteristics, assessment of intelligibility, technical findings or a written report where separately commissioned.
Forensic audio work is distinct from general-purpose restoration. Enhancement is undertaken to assist listening or examination and does not, by itself, establish the accuracy, authenticity, completeness or meaning of a recording.
Any conclusions will be limited to the material examined, the methods applied and the findings that can reasonably be supported by the available evidence.
5.5 Preservation and Processing of Forensic Material
For forensic work, Phoenix Sound Studios will take reasonable steps to preserve supplied source material and maintain appropriate working copies. Processing will be undertaken with regard to the nature and purpose of the examination.
Where appropriate to the agreed scope, relevant processing steps, technical observations and limitations may be documented. The extent of documentation, file handling, version retention and reporting will depend on the service commissioned.
Clients must identify any requirements relating to evidentiary handling, chain of custody, file formats, documentation, confidentiality or applicable legal procedures before work begins. Any specific chain-of-custody or evidence-handling requirements must be agreed in advance.
5.6 Reports, Opinions and Expert Evidence
Written technical reports, formal opinions, consultations, conferences, court attendance and other expert services are not included in audio enhancement or restoration fees unless expressly agreed in writing. Reports and other forensic services will be quoted and charged separately.
The scope, fees, deliverables and applicable conditions for these services will be agreed before the additional work begins. Further analysis, supplementary reporting, conferences, travel or attendance at court or other proceedings may incur additional charges.
Any report or opinion will reflect the material available, the work undertaken and the limitations identified. No particular investigative, legal or court outcome is guaranteed.
Clients are responsible for determining whether the commissioned service and any report provided meet the requirements of their intended legal, investigative or other use. Clients should identify relevant deadlines and procedural requirements as early as possible.
5.7 Fees, Estimates and Turnaround Times
Fees will be communicated before work begins and may depend on recording length, source quality, complexity, the number of files, the scope of examination, reporting requirements and urgency.
Any estimate or turnaround time is based on the information available when provided. If the work required changes materially or additional work becomes necessary, Phoenix Sound Studios will advise the client of anticipated additional charges and any revised timeframe before proceeding where practicable.
Urgent work, additional analysis, further enhancement, supplementary reporting or services outside the agreed scope may incur additional fees.
5.8 Confidentiality and Handling of Material
Phoenix Sound Studios will take reasonable care to handle client recordings and associated information confidentially. Recordings and information will not knowingly be disclosed except with the client’s authorisation, where required by law, or where otherwise permitted under the applicable agreement and law.
Clients should advise the studio before providing material subject to special confidentiality, privacy, security or legal-handling requirements so that any necessary arrangements can be discussed before work begins.
5.9 Final Deliverables and File Retention
Clients will receive only the final deliverables expressly agreed for their project. Original supplied files, intermediate processing versions, working files, project sessions and other internal materials will not be supplied unless expressly agreed in writing.
Clients are responsible for retaining their own copies of supplied source material and downloading and backing up the final deliverables upon receipt.
Any file retention period, including the period for which working files or project materials are retained, will be subject to the applicable project agreement or the studio’s stated retention policy. Long-term storage or future retrieval is not guaranteed unless expressly agreed.
Requests for further work or retrieval of retained files may incur additional charges and are subject to file availability.
5.10 Client Responsibilities and Permitted Use
Clients are responsible for ensuring they are legally entitled to provide recordings and associated material for processing and for identifying any restrictions on their use or disclosure.
Clients must not misrepresent the nature or scope of work undertaken or present enhanced audio as though it contains information that has been independently verified when it has not.
Audio enhancement may make some material easier to hear, but it cannot reliably recreate information that is absent from the recording. Any interpretation of enhanced audio should take account of the original source, the processing applied and the limitations of the material.
5.11 Consumer Rights
Nothing in these terms excludes, restricts or modifies any rights or remedies available to consumers under Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
6. Payments, Refunds and Deliverables
6.1 Pricing and Quotes
Prices, rates, estimates and quotes will be communicated to the client before work begins, where practicable. Charges depend on the service requested, the agreed scope of work and any additional requirements.
Additional work requested by the client or required because the project scope changes may incur extra charges. Phoenix Sound Studios will advise the client of anticipated additional costs before proceeding where practicable.
6.2 Deposits and Payment Requirements
A deposit or advance payment may be required for larger projects, particular clients or circumstances where Phoenix Sound Studios considers it appropriate. Deposit requirements and payment arrangements will be communicated to the client before the booking or project is confirmed.
Depending on the project, payment may be required upfront, in stages or upon completion. Any deposit or advance payment will be applied to the agreed service or project fees.
Where a booking or project is cancelled, any deposit or advance payment will be dealt with in accordance with the agreed booking terms, the applicable cancellation policy and Australian Consumer Law.
6.3 Payment Due Dates
Clients must pay invoices by the due date stated on the invoice or otherwise agreed in writing.
Where payment is overdue, Phoenix Sound Studios may suspend further work, postpone a booking or withhold delivery of final files to the extent permitted by law and the agreed terms. The studio will advise the client of relevant outstanding amounts and the steps required to resume work or receive deliverables.
Any fees or recovery costs associated with overdue payments will only be charged where lawful and agreed or otherwise legally recoverable.
6.4 Changes to Project Scope
If a client requests changes, additions or services beyond the original agreement, Phoenix Sound Studios may revise the estimate, quote, timeframe or payment arrangements.
Where practicable, the studio will explain the proposed changes and any additional charges before undertaking the extra work. The client may choose whether to proceed with the additional work.
Where a change affects work already completed or resources already committed, charges may apply for work performed and reasonable costs incurred, subject to the agreed terms and applicable law.
6.5 Client Cancellation or Termination After Work Begins
If a client cancels or terminates a project after work has commenced, the client may be required to pay for work completed up to the cancellation date and reasonable, unavoidable costs incurred in connection with the project, where permitted by the agreed terms and applicable law.
Any amount already paid will be accounted for against the applicable charges. If the amount paid exceeds the amount properly payable, any remaining balance will be refunded where required by law or the applicable agreement.
Phoenix Sound Studios will not charge for unperformed work or impose cancellation charges beyond what is lawfully permitted.
6.6 Refunds
Refund requests will be assessed individually, taking into account the agreed service, the work completed, any applicable cancellation or refund policy and the client’s rights under Australian Consumer Law.
Where a service has been partly completed, any refund assessment will take account of the work performed and any amounts properly payable under the agreement and applicable law.
Nothing in these terms limits a client’s entitlement to a refund or other remedy where required by Australian Consumer Law, including where a consumer guarantee has not been met.
6.7 Delivery of Completed Work
Final deliverables will be supplied in the formats and by the method agreed with the client. Delivery may occur by electronic transfer, download link, email or another agreed method.
Completion timeframes depend on the scope and complexity of the project, the condition of supplied material, client feedback and any outstanding requirements. Any estimated completion date is an estimate unless a firm deadline has been expressly agreed.
Clients are responsible for downloading and backing up their deliverables upon receipt. File retention and future retrieval are subject to the applicable service terms and any agreed retention arrangements.
Unless the booking, quote or voucher states otherwise, the standard deliverables for a recording session are the finished stereo audio files (such as MP3 and WAV) from the session. Multitrack recordings, stems, session files and project files are not part of the standard deliverables.
Phoenix Sound Studios retains the multitrack recordings, stems, session files and project files created during a session. On request, the studio may agree to supply some or all of these as additional work at the studio’s applicable rate, which will be quoted before the work is carried out in accordance with clause 6.4.
Phoenix Sound Studios will keep session files for [X months] after the session. After that period, the studio is not obliged to keep or retrieve them.
6.8 Full Payment Before Final Delivery
Unless otherwise agreed in writing, full payment of all outstanding project fees is required before final deliverables are released.
Where an invoice remains unpaid, Phoenix Sound Studios may withhold final deliverables until the outstanding amount has been paid, to the extent permitted by law and the agreed payment terms.
This clause does not affect any consumer rights or remedies that cannot lawfully be excluded or restricted.
6.9 Disputed Invoices
Clients who believe an invoice contains an error or includes charges that were not agreed should contact Phoenix Sound Studios promptly and identify the amount or item in dispute.
The studio will review the concern and work with the client to resolve the issue. Clients should pay any undisputed amounts by the applicable due date, unless otherwise agreed or required by law.
6.10 Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any rights or remedies available under Australian Consumer Law or other applicable legislation that cannot lawfully be excluded, restricted or modified.
6.11 Ownership of Recordings and Session Files
The client retains ownership of their original songs, lyrics and compositions. Phoenix Sound Studios does not claim ownership of the client’s creative work.
Supplying finished audio files does not transfer ownership of the studio’s multitrack recordings, stems, session files or project files, which are dealt with under clause 6.7.
7. Client Responsibilities and Studio Use
7.1 Client Preparation
Clients are responsible for arriving prepared for their booked session or project and supplying any materials, information or instructions reasonably required for the agreed services.
For recording sessions, clients should arrive on time and bring any required instruments, backing tracks, lyrics, reference recordings or other relevant materials. Clients should advise Phoenix Sound Studios of any specific requirements before their booking where practicable.
Where a client is unprepared, arrives late or fails to provide necessary materials, the available session time may be reduced. The scheduled finishing time will generally remain unchanged unless an extension is agreed and available.
7.2 Client-Supplied Files and Materials
Clients are responsible for ensuring that supplied audio files, backing tracks, recordings and other materials are complete, accessible and suitable for the intended purpose.
Where files are missing, incorrectly prepared, corrupted or unsuitable, additional preparation or replacement work may be required. Any additional charges will be communicated to the client before proceeding where practicable.
Clients should retain their own copies of all supplied files and important project materials.
7.3 Backing Tracks and Copyright
Clients who wish to record using backing tracks are responsible for sourcing and supplying those tracks unless otherwise agreed in writing.
The cost of purchasing or licensing backing tracks is not included in a studio booking or gift voucher unless expressly stated. Clients must ensure they have the necessary permissions or licences for their intended use of any backing tracks, compositions, samples or other copyrighted material.
Phoenix Sound Studios does not provide legal advice regarding copyright or licensing. Clients are responsible for checking any restrictions that apply to recording, distributing, publishing or commercially releasing their work.
7.4 Studio Equipment and Facilities
Clients must use studio equipment, instruments, microphones, computers and other facilities responsibly and follow any reasonable instructions provided by Phoenix Sound Studios.
Clients must not adjust, disconnect, move or operate equipment in a way that may cause damage, disrupt studio operations or create a safety risk without permission.
Clients must immediately notify Phoenix Sound Studios of any equipment malfunction, accidental damage or safety concern.
Clients are responsible for the cost of repairing or replacing studio equipment, facilities or property damaged by themselves or their guests during a studio visit or session, including accidental damage, except to the extent the damage results from pre-existing faults, ordinary wear and tear, the studio’s own acts or omissions, or circumstances for which the client is not legally responsible.
Any amount charged will be based on the reasonable cost of repair or replacement, taking account of the nature and extent of the damage. Nothing in this clause excludes or limits any rights or responsibilities that cannot lawfully be excluded or limited.
7.5 Guests and Visitors
Guests are permitted only with the studio’s prior approval and subject to reasonable limits based on the session, available space, safety requirements and studio operations.
Clients are responsible for ensuring their guests behave appropriately, follow reasonable studio instructions and respect the facilities, equipment and other people present.
Phoenix Sound Studios may ask a guest to leave, or take other reasonable steps, where a person’s behaviour creates a safety concern, disrupts the session or damages equipment or property.
7.6 Safety and Conduct
Clients and their guests must follow reasonable safety instructions and must not engage in threatening, abusive, discriminatory, violent or otherwise unsafe conduct.
Phoenix Sound Studios may pause or terminate a session where reasonably necessary to address a serious safety concern, unlawful conduct or significant disruption.
Where a session is interrupted or terminated due to client or guest conduct, any resulting fees, refunds or other financial consequences will be assessed in accordance with the agreed booking terms and applicable law.
7.7 Personal Belongings
Clients and their guests are responsible for keeping their personal belongings secure while at the studio.
Phoenix Sound Studios will take reasonable care in operating its facilities but is not responsible for loss of or damage to personal belongings except to the extent required by law or where the studio is otherwise legally responsible.
Clients should check the studio before leaving to ensure they have collected their belongings.
7.8 Food, Drink, Smoking, Vaping and Alcohol
Clients and guests must follow studio rules regarding food and drinks to protect equipment, maintain cleanliness and ensure a safe working environment.
Food and drinks must be kept away from sensitive recording equipment and other areas where spills could cause damage.
Smoking and vaping are not permitted inside the studio. Smoking may be permitted in designated outdoor areas where appropriate.
Alcohol must not be consumed inside the studio unless Phoenix Sound Studios has expressly authorised it in advance. Clients and guests must not attend or remain at the studio while intoxicated or behave in a way that compromises safety, disrupts a session or affects the proper use of studio facilities.
Phoenix Sound Studios may refuse entry, pause a session or require a person to leave where reasonably necessary due to intoxication, unsafe behaviour or a breach of these rules. Any resulting fees or refund arrangements will be dealt with in accordance with the agreed booking terms and applicable law.
7.9 Client Backups and Data
Clients are responsible for retaining backups of their original recordings, supplied materials and final deliverables.
Although Phoenix Sound Studios will take reasonable care when handling client files, clients should not rely on the studio as their sole archive or long-term storage provider. File retention and retrieval are subject to the relevant service terms and any separate written agreement.
7.10 Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any rights or remedies available to consumers under Australian Consumer Law or other applicable legislation that cannot lawfully be excluded, restricted or modified.
8. Liability, Consumer Rights & General Conditions
8.1 Australian Consumer Law
Phoenix Sound Studios provides its services in accordance with applicable Australian laws, including the Australian Consumer Law (ACL).
Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the ACL or other applicable legislation.
Where a service does not meet a consumer guarantee, any applicable remedy will be determined in accordance with the law.
8.2 Quality and Limitations of Services
Phoenix Sound Studios will exercise reasonable care and skill when providing recording, mixing, mastering, audio restoration, forensic audio and other agreed services.
The outcome of a service may depend on factors outside the studio’s control, including the quality and condition of source recordings, recording environments, supplied equipment or materials, technical limitations and the scope of the agreed work.
Unless expressly agreed in writing, Phoenix Sound Studios does not guarantee a particular artistic, commercial, technical or forensic outcome. This does not affect any rights or remedies available to clients under applicable law.
8.3 Client-Supplied Materials and Intellectual Property
Clients are responsible for ensuring that they have the necessary rights, permissions and licences to provide any recordings, music, backing tracks, samples, performances or other materials supplied to Phoenix Sound Studios.
Clients must not knowingly supply material for processing or use in a manner that infringes another person’s intellectual property rights or other legal rights.
Unless otherwise agreed in writing, clients retain ownership of their original materials and are responsible for obtaining any permissions required for their intended use of the completed work.
Phoenix Sound Studios is not responsible for a client’s unauthorised use of third-party material, except to the extent that responsibility arises from the studio’s own conduct or cannot lawfully be excluded.
8.4 Equipment, Facilities and Property
Responsibility for damage to studio equipment, facilities or property is addressed in Section 7.4 of these Terms & Conditions. Any claim for repair or replacement costs will be assessed in accordance with that section and applicable law.
Nothing in these Terms & Conditions makes a client liable for damage for which they are not legally responsible.
8.5 Client Files, Recordings and Backups
File retention, delivery, retrieval and backup responsibilities are addressed in the relevant service sections of these Terms & Conditions and any applicable written agreement.
Clients should retain their own copies of original recordings, supplied materials and completed deliverables. Phoenix Sound Studios will take reasonable care when handling client materials, subject to the applicable service terms and any agreed retention arrangements.
8.6 Delays and Circumstances Beyond Our Control
Phoenix Sound Studios will make reasonable efforts to provide services within agreed timeframes. However, delays may occur due to illness, equipment failure, power or internet outages, supplier issues, emergencies or other circumstances beyond the studio’s reasonable control.
If such circumstances materially affect a booking or project, the studio will notify the client as soon as reasonably practicable and discuss an appropriate arrangement, which may include rescheduling or another reasonable remedy.
Any refund, cancellation or other remedy will be handled in accordance with the agreed booking terms and applicable law.
8.7 Limitation of Liability
To the extent permitted by law, Phoenix Sound Studios is not responsible for loss arising from circumstances outside its reasonable control or from a client’s failure to provide suitable materials, accurate instructions or necessary permissions.
Nothing in these Terms & Conditions excludes or limits liability where doing so would be unlawful, including liability that cannot be excluded or limited under the ACL or other applicable legislation.
Any limitation of liability will apply only to the extent permitted by law and will not override a client’s non-excludable consumer rights.
8.8 Bookings, Quotes and Written Agreements
Quotes, invoices, confirmed bookings and project-specific written agreements may set out additional terms relating to fees, scope, deliverables, payment schedules and timeframes.
Clients should review these details before authorising work. Any agreed change to the scope, price or delivery arrangements should be confirmed in writing wherever practicable.
If a project-specific written agreement expressly varies these Terms & Conditions, the specific agreement will apply to the extent of that variation, subject to applicable law.
8.9 Changes to These Terms & Conditions
Phoenix Sound Studios may update these Terms & Conditions from time to time to reflect changes to its services, business practices or legal obligations.
The version provided or made available when a booking or project is agreed will generally apply to that booking or project, unless a change is agreed between the parties or is required by law.
Changes to these Terms & Conditions will not remove or reduce any rights that have already accrued to a client under applicable law.
8.10 Severability
If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, that provision will be applied to the extent legally permitted or, where necessary, severed from the remaining terms.
The remaining provisions will continue to apply to the extent permitted by law.
8.11 Governing Law
These Terms & Conditions are governed by the laws applicable in Victoria, Australia, together with applicable Commonwealth laws.
Nothing in this clause prevents a client from exercising rights available under mandatory consumer protection laws that apply to their circumstances.
8.12 Contact and Enquiries
If you have questions about these Terms & Conditions, your booking, a quote or a service provided by Phoenix Sound Studios, please contact the studio through the contact details provided on the website.