Standard Venue Terms
and Conditions

In addition to the Key Terms, the following Standard Terms and
Conditions apply under the exclusive jurisdiction of English law and the courts of England and Wales:


Deposit – The Deposit is a deposit against default by the Lessee of
any loss of or damage to the Equipment. Setmixer shall be entitled to apply whole or part, of the Deposit against such default, loss, or damage to the Equipment. The Deposit (or balance of the Deposit, if applicable) shall be refundable within thirty (30) days of the end of the Rental Period and the safe delivery of the Equipment to Setmixer.


Ownership of the Equipment – The Equipment shall always remain the property of Setmixer, and the Lessee shall have no right, title, or interest in or to the Equipment (save the right to possession and use, subject to these Terms).


Ownership of the Recordings – The Artist will retain the publishing rights to the Recordings. Setmixer will own the master recordings of the Recordings and monetise the copyright in the Recordings to the Artist or record label. The Lessee shall have no right, title, or interest in or to the Recordings, including but not limited to; the copyright or the moral rights.


Delivery and installation – Installation and connection of the
Equipment shall constitute conclusive evidence that delivery has taken place and that the Lessee has examined the Equipment and found it in good condition, complete and fit in every way for its intended purpose (save any latent defects not reasonably apparent on inspection).


The risk of loss, theft, damage, or destruction of the Equipment shall
pass to the Lessee upon delivery of the Equipment to the Lessee.
The Equipment shall remain at the sole risk of the Lessee during the
Rental Period and any further period during which the Equipment is in the possession, custody, or control of the Lessee (“Risk Period”) until the Equipment is redelivered to Setmixer or collected by Setmixer. During the Risk Period, the Lessee shall, at its own
expense, obtain and maintain comprehensive insurance as may be required by law.


The Lessee shall never part with, sell or offer for sale, underlet, loan,
or lend the Equipment or allow the creation of any mortgage, charge,
lien, or other security interest in respect of it, suffer or permit the
Equipment to be confiscated, seized, or taken out of its possession or control under any distress, execution, or other legal processes.
Still, if the Equipment is confiscated, seized, or taken, the Lessee shall notify Setmixer immediately. At its sole expense, the Lessee shall use its best endeavours to procure an immediate release of the
Equipment and indemnify Setmixer on demand against all losses,
costs, charges, damages, and expenses (including legal fees)
incurred as a result of such confiscation.


The Lessee shall give immediate written notice to Setmixer in the
event of any loss, accident or damage to the Equipment arising out of or in connection with the Lessee’s possession or use of the
Equipment.


Operation – Setmixer, upon delivery and installation, will test the Equipment remotely and confirm the correct installation via email to the Lessee. During the Rental Period, Setmixer will notify Lessee via email of operational or communication outages not resolved within 24 hours.


Setmixer warrants that the Equipment shall substantially conform to its specification, be of satisfactory quality and fit for any purpose held out by Setmixer. Setmixer shall use all reasonable endeavours to remedy, free of charge, any material defect in the Equipment that did not materialise because of misuse, damage, neglect, or alteration.


The Lessee warrants to ensure that the Equipment is kept in good

unaltered condition and a suitable environment, used only for the
purposes for which it is designed, and appropriately operated by
trained, competent staff in accordance with any instructions
provided by Setmixer.


The Lessee shall keep Setmixer informed of all material matters
relating to the Equipment and mixing equipment and permit
Setmixer to inspect such at any reasonable time.


Communication – The Lessee shall not make any statements or
guarantees on the availability or quality of the Recordings, nor
charge for the Recordings or any services to facilitate the
Recordings.


Upon notification by the Artist, Setmixer will directly communicate
about the Recordings with the Artist, giving them access to a free
“Preview” of the Recordings, and shall offer the Recordings for the
Artist’s commercial use. Setmixer will ask the Artist to credit the
Lessee and the Recording Location in the Recordings in their promotion, but this is at the Artist’s sole discretion, and Setmixer is
under no obligation to pursue the Artist if they fail to do so.


Lessee will allow Setmixer to market the availability of Recordings in the Recording Location and provide full assistance to marketing campaigns by Setmixer, including permission to use Lessee’s branding and logos, free of charge.


Lessee, may assign, transfer or licence any or all of its rights and
obligations under this Agreement, with Setmixer’s written consent. Setmixer, its licencees, affiliates, and content producers may assign, transfer, charge, sub-contract, licence, sub-licence declare a trust over or deal in any other manner with any or all of its rights and obligations under this Agreement,
without Lessees written consent.


Both parties will comply with all applicable requirements of the Data
Protection Act 2018 and General Data Protection Regulation ((EU)
2016/679) and any other relevant regulation relating to data protection and privacy applicable under English law. All data will be
collected and stored under Setmixer’s privacy policy at:
www.setmixer.com/privacy.


Limitation of liability – The Lessee acknowledges that Setmixer
shall not be responsible for any loss of or damage to the Equipment
or the Recordings arising out of or in connection with any negligence, misuse, mishandling of the Equipment, or otherwise caused by the Lessee, its officers, employees, agents, contractors, or anybody at the Recording Location including, but not limited to; Lessees customers and the artists.


The Lessee shall indemnify Setmixer in full against all liabilities,
costs, expenses, damages, and losses (including any; direct,
indirect, or consequential losses, loss of profit, loss of sales or
business, loss of agreements or contracts, loss of anticipated
savings, loss of use or corruption of software, data, or information,
loss of reputation, loss of or damage to goodwill and all interest,
penalties, and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by Setmixer arising out of, or in connection with any failure by the Lessee to comply with these Terms.


Setmixer shall not be liable under this Agreement for any loss of
profits; loss of sales or business; loss of agreements or contracts;
loss of anticipated savings; loss of use or corruption of software,
data, or information, loss of reputation loss of or damage to goodwill, or indirect or consequential loss and all interest, penalties, and legal costs. Setmixer’s total liability to the Lessee shall not exceed
£500,000 in any one claim.


Nothing in these Terms limits any liability which cannot legally be
limited within the jurisdiction.


Rental Period and Termination – The Agreement starts at the
signature date (on Page 2) and shall continue unless terminated with thirty (30) days' written notice by either party (the “Rental Period”).


Without affecting any other right or remedy available, either party
may immediately terminate this Agreement by giving written notice
via email to the other party upon a repeated breach of any term,
insolvency, administration or if either party suspends or ceases, or
threatens to suspend or cease, carrying on all or a substantial part of its business; or if, in Setmixer’s reasonable opinion, the Equipment is damaged beyond repair, lost, stolen, seized, or confiscated.


Effect of Termination – On termination of this Agreement,
however caused: (a) Setmixer’s consent to the Lessee’s possession
of the Equipment shall immediately terminate; (b) The Lessee shall
deliver the Equipment at the Lessee’s sole cost, at the end of the Rental Period, at such address as Setmixer requires. Alternatively,
Setmixer may, by its authorised representatives, without notice,
retake possession of the Equipment and for this purpose, may enter the Recording Location or any premises at which the Equipment is located; and (c) Setmixer shall cease to make any payments due to Lessee under this Agreement.


Termination shall not affect any rights, remedies, obligations, or
liabilities of the Parties that have accrued up to the date of
termination or expiry, including the right to claim damages in respect

of any breach of the Agreement which existed at or before the date

of termination or expiry.


All amounts due under this Agreement shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).


Unless it expressly states otherwise, this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. If any clause or part-
clause of this Agreement is or becomes invalid, illegal, or
unenforceable, it shall be deemed deleted, but that shall not affect
the validity and enforceability of the rest of this Agreement, and in
such case the parties shall negotiate in good faith to agree a
replacement of that clause.




Standard Venue Terms and Conditions

Standard Venue Terms
and Conditions

In addition to the Key Terms, the following Standard Terms and
Conditions apply under the exclusive jurisdiction of English law and
the courts of England and Wales:


Deposit – The Deposit is a deposit against default by the Lessee of
any loss of or damage to the Equipment. Setmixer shall be entitled to
apply whole or part, of the Deposit against such default, loss, or
damage to the Equipment. The Deposit (or balance of the Deposit, if
applicable) shall be refundable within thirty (30) days of the end of
the Rental Period and the safe delivery of the Equipment to
Setmixer.


Ownership of the Equipment – The Equipment shall always
remain the property of Setmixer, and the Lessee shall have no right,
title, or interest in or to the Equipment (save the right to possession
and use, subject to these Terms).


Ownership of the Recordings – The Artist will retain the
publishing rights to the Recordings. Setmixer will own the master
recordings of the Recordings and monetise the copyright in the
Recordings to the Artist or record label. The Lessee shall have no
right, title, or interest in or to the Recordings, including but not
limited to; the copyright or the moral rights.


Delivery and installation – Installation and connection of the
Equipment shall constitute conclusive evidence that delivery has
taken place and that the Lessee has examined the Equipment and
found it in good condition, complete and fit in every way for its
intended purpose (save any latent defects not reasonably apparent
on inspection).


The risk of loss, theft, damage, or destruction of the Equipment shall
pass to the Lessee upon delivery of the Equipment to the Lessee.
The Equipment shall remain at the sole risk of the Lessee during the
Rental Period and any further period during which the Equipment is
in the possession, custody, or control of the Lessee (“Risk Period”)
until the Equipment is redelivered to Setmixer or collected by
Setmixer. During the Risk Period, the Lessee shall, at its own
expense, obtain and maintain comprehensive insurance as may be
required by law.


The Lessee shall never part with, sell or offer for sale, underlet, loan,
or lend the Equipment or allow the creation of any mortgage, charge,
lien, or other security interest in respect of it, suffer or permit the
Equipment to be confiscated, seized, or taken out of its possession or
control under any distress, execution, or other legal processes.
Still, if the Equipment is confiscated, seized, or taken, the Lessee
shall notify Setmixer immediately. At its sole expense, the Lessee
shall use its best endeavours to procure an immediate release of the
Equipment and indemnify Setmixer on demand against all losses,
costs, charges, damages, and expenses (including legal fees)
incurred as a result of such confiscation.


The Lessee shall give immediate written notice to Setmixer in the
event of any loss, accident or damage to the Equipment arising out
of or in connection with the Lessee’s possession or use of the
Equipment.


Operation – Setmixer, upon delivery and installation, will test the
Equipment remotely and confirm the correct installation via email to
the Lessee. During the Rental Period, Setmixer will notify Lessee via
email of operational or communication outages not resolved within
24 hours.


Setmixer warrants that the Equipment shall substantially conform to
its specification, be of satisfactory quality and fit for any purpose
held out by Setmixer. Setmixer shall use all reasonable endeavours
to remedy, free of charge, any material defect in the Equipment that
did not materialise because of misuse, damage, neglect, or
alteration.


The Lessee warrants to ensure that the Equipment is kept in good

unaltered condition and a suitable environment, used only for the
purposes for which it is designed, and appropriately operated by
trained, competent staff in accordance with any instructions
provided by Setmixer.


The Lessee shall keep Setmixer informed of all material matters
relating to the Equipment and mixing equipment and permit
Setmixer to inspect such at any reasonable time.


Communication – The Lessee shall not make any statements or
guarantees on the availability or quality of the Recordings, nor
charge for the Recordings or any services to facilitate the
Recordings.


Upon notification by the Artist, Setmixer will directly communicate
about the Recordings with the Artist, giving them access to a free
“Preview” of the Recordings, and shall offer the Recordings for the
Artist’s commercial use. Setmixer will ask the Artist to credit the
Lessee and the Recording Location in the Recordings in their

promotion, but this is at the Artist’s sole discretion, and Setmixer is
under no obligation to pursue the Artist if they fail to do so.


Lessee will allow Setmixer to market the availability of Recordings in
the Recording Location and provide full assistance to marketing
campaigns by Setmixer, including permission to use Lessee’s
branding and logos, free of charge.


Lessee, may assign, transfer or licence any or all of its rights and
obligations under this Agreement, with Setmixer’s written
consent. Setmixer, its licencees, affiliates, and content
producers may assign, transfer, charge, sub-contract, licence,
sub-licence declare a trust over or deal in any other manner with
any or all of its rights and obligations under this Agreement,
without Lessees written consent.


Both parties will comply with all applicable requirements of the Data
Protection Act 2018 and General Data Protection Regulation ((EU)
2016/679) and any other relevant regulation relating to data
protection and privacy applicable under English law. All data will be
collected and stored under Setmixer’s privacy policy at:
www.setmixer.com/privacy.


Limitation of liability – The Lessee acknowledges that Setmixer
shall not be responsible for any loss of or damage to the Equipment
or the Recordings arising out of or in connection with any
negligence, misuse, mishandling of the Equipment, or otherwise
caused by the Lessee, its officers, employees, agents, contractors,
or anybody at the Recording Location including, but not limited to;
Lessees customers and the artists.


The Lessee shall indemnify Setmixer in full against all liabilities,
costs, expenses, damages, and losses (including any; direct,
indirect, or consequential losses, loss of profit, loss of sales or
business, loss of agreements or contracts, loss of anticipated
savings, loss of use or corruption of software, data, or information,
loss of reputation, loss of or damage to goodwill and all interest,
penalties, and legal costs (calculated on a full indemnity basis) and
all other reasonable professional costs and expenses suffered or
incurred by Setmixer arising out of, or in connection with any failure
by the Lessee to comply with these Terms.


Setmixer shall not be liable under this Agreement for any loss of
profits; loss of sales or business; loss of agreements or contracts;
loss of anticipated savings; loss of use or corruption of software,
data, or information, loss of reputation loss of or damage to goodwill,
or indirect or consequential loss and all interest, penalties, and legal
costs. Setmixer’s total liability to the Lessee shall not exceed
£500,000 in any one claim.


Nothing in these Terms limits any liability which cannot legally be
limited within the jurisdiction.


Rental Period and Termination – The Agreement starts at the
signature date (on Page 2) and shall continue unless terminated with
thirty (30) days' written notice by either party (the “Rental Period”).


Without affecting any other right or remedy available, either party
may immediately terminate this Agreement by giving written notice
via email to the other party upon a repeated breach of any term,
insolvency, administration or if either party suspends or ceases, or
threatens to suspend or cease, carrying on all or a substantial part of
its business; or if, in Setmixer’s reasonable opinion, the Equipment is
damaged beyond repair, lost, stolen, seized, or confiscated.


Effect of Termination – On termination of this Agreement,
however caused: (a) Setmixer’s consent to the Lessee’s possession
of the Equipment shall immediately terminate; (b) The Lessee shall
deliver the Equipment at the Lessee’s sole cost, at the end of the
Rental Period, at such address as Setmixer requires. Alternatively,
Setmixer may, by its authorised representatives, without notice,
retake possession of the Equipment and for this purpose, may enter
the Recording Location or any premises at which the Equipment is
located; and (c) Setmixer shall cease to make any payments due to
Lessee under this Agreement.


Termination shall not affect any rights, remedies, obligations, or
liabilities of the Parties that have accrued up to the date of
termination or expiry, including the right to claim damages in respect

of any breach of the Agreement which existed at or before the date

of termination or expiry.


All amounts due under this Agreement shall be paid in full without
any set-off, counterclaim, deduction or withholding (other than any
deduction or withholding of tax as required by law).


Unless it expressly states otherwise, this Agreement does not give
rise to any rights under the Contracts (Rights of Third Parties) Act
1999 to enforce any term of this Agreement. If any clause or part-
clause of this Agreement is or becomes invalid, illegal, or
unenforceable, it shall be deemed deleted, but that shall not affect
the validity and enforceability of the rest of this Agreement, and in
such case the parties shall negotiate in good faith to agree a
replacement of that clause.




In addition to the Key Terms, the following Standard Terms and
Conditions apply under the exclusive jurisdiction of English law and
the courts of England and Wales:


Deposit – The Deposit is a deposit against default by the Lessee of
any loss of or damage to the Equipment. Setmixer shall be entitled to
apply whole or part, of the Deposit against such default, loss, or
damage to the Equipment. The Deposit (or balance of the Deposit, if
applicable) shall be refundable within thirty (30) days of the end of
the Rental Period and the safe delivery of the Equipment to
Setmixer.


Ownership of the Equipment – The Equipment shall always
remain the property of Setmixer, and the Lessee shall have no right,
title, or interest in or to the Equipment (save the right to possession
and use, subject to these Terms).


Ownership of the Recordings – The Artist will retain the
publishing rights to the Recordings. Setmixer will own the master
recordings of the Recordings and monetise the copyright in the
Recordings to the Artist or record label. The Lessee shall have no
right, title, or interest in or to the Recordings, including but not
limited to; the copyright or the moral rights.


Delivery and installation – Installation and connection of the
Equipment shall constitute conclusive evidence that delivery has
taken place and that the Lessee has examined the Equipment and
found it in good condition, complete and fit in every way for its
intended purpose (save any latent defects not reasonably apparent
on inspection).


The risk of loss, theft, damage, or destruction of the Equipment shall
pass to the Lessee upon delivery of the Equipment to the Lessee.
The Equipment shall remain at the sole risk of the Lessee during the
Rental Period and any further period during which the Equipment is
in the possession, custody, or control of the Lessee (“Risk Period”)
until the Equipment is redelivered to Setmixer or collected by
Setmixer. During the Risk Period, the Lessee shall, at its own
expense, obtain and maintain comprehensive insurance as may be
required by law.


The Lessee shall never part with, sell or offer for sale, underlet, loan,
or lend the Equipment or allow the creation of any mortgage, charge,
lien, or other security interest in respect of it, suffer or permit the
Equipment to be confiscated, seized, or taken out of its possession or
control under any distress, execution, or other legal processes.
Still, if the Equipment is confiscated, seized, or taken, the Lessee
shall notify Setmixer immediately. At its sole expense, the Lessee
shall use its best endeavours to procure an immediate release of the
Equipment and indemnify Setmixer on demand against all losses,
costs, charges, damages, and expenses (including legal fees)
incurred as a result of such confiscation.


The Lessee shall give immediate written notice to Setmixer in the
event of any loss, accident or damage to the Equipment arising out
of or in connection with the Lessee’s possession or use of the
Equipment.


Operation – Setmixer, upon delivery and installation, will test the
Equipment remotely and confirm the correct installation via email to
the Lessee. During the Rental Period, Setmixer will notify Lessee via
email of operational or communication outages not resolved within
24 hours.


Setmixer warrants that the Equipment shall substantially conform to
its specification, be of satisfactory quality and fit for any purpose
held out by Setmixer. Setmixer shall use all reasonable endeavours
to remedy, free of charge, any material defect in the Equipment that
did not materialise because of misuse, damage, neglect, or
alteration.


The Lessee warrants to ensure that the Equipment is kept in good
unaltered condition and a suitable environment, used only for the
purposes for which it is designed, and appropriately operated by
trained, competent staff in accordance with any instructions
provided by Setmixer.


The Lessee shall keep Setmixer informed of all material matters
relating to the Equipment and mixing equipment and permit
Setmixer to inspect such at any reasonable time.


Communication – The Lessee shall not make any statements or
guarantees on the availability or quality of the Recordings, nor
charge for the Recordings or any services to facilitate the
Recordings.


Upon notification by the Artist, Setmixer will directly communicate
about the Recordings with the Artist, giving them access to a free
“Preview” of the Recordings, and shall offer the Recordings for the
Artist’s commercial use. Setmixer will ask the Artist to credit the
Lessee and the Recording Location in the Recordings in their

promotion, but this is at the Artist’s sole discretion, and Setmixer is
under no obligation to pursue the Artist if they fail to do so.


Lessee will allow Setmixer to market the availability of Recordings in
the Recording Location and provide full assistance to marketing
campaigns by Setmixer, including permission to use Lessee’s
branding and logos, free of charge.


Lessee, may assign, transfer or licence any or all of its rights and
obligations under this Agreement, with Setmixer’s written
consent. Setmixer, its licencees, affiliates, and content
producers may assign, transfer, charge, sub-contract, licence,
sub-licence declare a trust over or deal in any other manner with
any or all of its rights and obligations under this Agreement,
without Lessees written consent.


Both parties will comply with all applicable requirements of the Data
Protection Act 2018 and General Data Protection Regulation ((EU)
2016/679) and any other relevant regulation relating to data
protection and privacy applicable under English law. All data will be
collected and stored under Setmixer’s privacy policy at:
www.setmixer.com/privacy.


Limitation of liability – The Lessee acknowledges that Setmixer
shall not be responsible for any loss of or damage to the Equipment
or the Recordings arising out of or in connection with any
negligence, misuse, mishandling of the Equipment, or otherwise
caused by the Lessee, its officers, employees, agents, contractors,
or anybody at the Recording Location including, but not limited to;
Lessees customers and the artists.


The Lessee shall indemnify Setmixer in full against all liabilities,
costs, expenses, damages, and losses (including any; direct,
indirect, or consequential losses, loss of profit, loss of sales or
business, loss of agreements or contracts, loss of anticipated
savings, loss of use or corruption of software, data, or information,
loss of reputation, loss of or damage to goodwill and all interest,
penalties, and legal costs (calculated on a full indemnity basis) and
all other reasonable professional costs and expenses suffered or
incurred by Setmixer arising out of, or in connection with any failure
by the Lessee to comply with these Terms.


Setmixer shall not be liable under this Agreement for any loss of
profits; loss of sales or business; loss of agreements or contracts;
loss of anticipated savings; loss of use or corruption of software,
data, or information, loss of reputation loss of or damage to goodwill,
or indirect or consequential loss and all interest, penalties, and legal
costs. Setmixer’s total liability to the Lessee shall not exceed
£500,000 in any one claim.


Nothing in these Terms limits any liability which cannot legally be
limited within the jurisdiction.


Rental Period and Termination – The Agreement starts at the
signature date (on Page 2) and shall continue unless terminated with
thirty (30) days' written notice by either party (the “Rental Period”).


Without affecting any other right or remedy available, either party
may immediately terminate this Agreement by giving written notice
via email to the other party upon a repeated breach of any term,
insolvency, administration or if either party suspends or ceases, or
threatens to suspend or cease, carrying on all or a substantial part of
its business; or if, in Setmixer’s reasonable opinion, the Equipment is
damaged beyond repair, lost, stolen, seized, or confiscated.


Effect of Termination – On termination of this Agreement,
however caused: (a) Setmixer’s consent to the Lessee’s possession
of the Equipment shall immediately terminate; (b) The Lessee shall
deliver the Equipment at the Lessee’s sole cost, at the end of the
Rental Period, at such address as Setmixer requires. Alternatively,
Setmixer may, by its authorised representatives, without notice,
retake possession of the Equipment and for this purpose, may enter
the Recording Location or any premises at which the Equipment is
located; and (c) Setmixer shall cease to make any payments due to
Lessee under this Agreement.


Termination shall not affect any rights, remedies, obligations, or
liabilities of the Parties that have accrued up to the date of
termination or expiry, including the right to claim damages in respect

of any breach of the Agreement which existed at or before the date

of termination or expiry.


All amounts due under this Agreement shall be paid in full without
any set-off, counterclaim, deduction or withholding (other than any
deduction or withholding of tax as required by law).


Unless it expressly states otherwise, this Agreement does not give
rise to any rights under the Contracts (Rights of Third Parties) Act
1999 to enforce any term of this Agreement. If any clause or part-
clause of this Agreement is or becomes invalid, illegal, or
unenforceable, it shall be deemed deleted, but that shall not affect
the validity and enforceability of the rest of this Agreement, and in
such case the parties shall negotiate in good faith to agree a
replacement of that clause