TERMS AND CONDITIONS
This document, our rules, policies and the other documents referenced make up our Terms and Conditions (“Terms”). The Terms are a legally binding contract between you and The Loft at Miracle Farms. This contract sets out your rights and responsibilities when you use our site. Please read them carefully.
The Loft at Miracle Farms may amend the Terms at any time by posting a revised version on our site. The revised version will be effective at the time we post it.
You are granted a non-exclusive, limited and revocable license to access the site and use its functionality on the condition that:
(a) You are over the age of 18;
(b) You only use the site for lawful purposes;
(c) You do not engage in any improper, indecent or offensive behavior while using the site; and
(d) You are not breaking any law in your relevant jurisdiction by accessing this site.
In order to participate in or receive the Services, you will be required to create an account with us (“Account”). Your Account is for your individual, personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact us immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. The Loft at Miracle Farms reserves the right to create accounts for quality control and administrative purposes.
The Loft at Miracle Farms respects the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
The Loft at Miracle Farms provides a platform that enables its users to edit and produce their own content, such as podcasts (“Content”). The Loft at Miracle Farms is not responsible for the content or any Content that is created or aired on or through the Services. You will be solely liable for any damages or losses that occur based on Content.
You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with Hello Studio s and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. If you are under 18 years of age you may only access or use the Services under the direct guidance and supervision of a parent or guardian who has accepted the Agreement on your behalf. If you are under 13 years of age you may not use the Services for any reason. Please contact us if you are aware that a person under 13 is using the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, The Loft at Miracle Farms may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The pricing section on this webpage shall manage your recording session paid per hour. The Loft at Miracle Farms is committed to ensuring that our clients get the best experience while using our studio to record their podcasts. These terms outline guidelines that our clients and their guests should comply with to ensure smooth operations. By proceeding to book a recording session, you agree to ALL of these terms. If you don’t agree with any of these terms, please don’t proceed with booking recording sessions.
The recording studio shall ONLY be used for recording and editing podcasts at an extra fee. This will be a one-time recording session. You agree not to use the recording studio for any other purpose.
You will be required to book recording sessions at least 24 hours in advance via our website at https://www.recordattheloft.com. If you fail to book a recording session, you will not be allowed to access the recording studio. If you are 10 minutes late past the scheduled time, your recording session will be canceled and no refund will be issued.
There are no refunds for studio booking charges; however, fees will be credited to your account for a future recording time if your cancellation is given in writing at least 72 hours before your scheduled time. If the cancellation notice is within 48 hours of your scheduled time, there will be a 50% cancellation fee taken out of your studio credit. If a cancellation occurs less than 24 hours before a scheduled session time, we reserve the right to keep the entire session fee. You should call or email The Loft at Miracle Farms staff if you need a credit. No credits will be issued after a recording session has been completed.
You will be allowed to access the recording studio during your reserved time only. The hours are subject to change at our discretion and shall be updated on our website. The maximum amount of time you will be allowed in the recording studio is 6 hours per day. After a booking is done, the duration of the recording session can be extended for an extra fee.
You agree to use the recording studio only for the recording of podcasts or approved audio/video projects.
The Loft at Miracle Farms will provide remote support via messaging and phone calls during recording sessions. For security purposes, there will be camera surveillance in the recording studio at ALL times, including during recording sessions.
Booking for recording sessions shall be done online via the Studio’s website ONLY. Booking must be completed 24 hours in advance. If booking within 24 hours, reach out to the Studio Staff directly via email or phone, and we will do our best to accommodate your recording. You may be subject to a last-minute recording fee.
You and your guests are advised to sanitize their hands as well as equipment and props in the studio and observe other Covid-19 containment measures before and after recording sessions.
You and your guests are advised to take caution while using equipment, furniture and props in the recording studio. You shall reimburse The Loft at Miracle Farms for any damage caused to equipment, furniture and props during recording sessions. The Loft at Miracle Farms shall determine the amount you will pay in case of damage.
After every recording session, you shall ensure that studio equipment, furniture and props are returned to where they originally were. You will not take any equipment and props from the studio. Any attempt to do so will be interpreted as theft and/or conversion.
Please note that The Loft at Miracle Farms will make every effort to resolve any issues that may arise during your recording or live streaming session. However, in the event that issues cannot be fixed, The Loft at Miracle Farms shall not be held liable for any malfunctions or failures of audio and video equipment during your recording session. Additionally, The Loft at Miracle Farms shall not be held responsible for the preservation or safeguarding of your audio and video files after the recording session has ended. No financial compensation or refund shall be provided in such instances.
In the case of live streaming sessions, The Loft at Miracle Farms shall not be held responsible for any disconnections, quality issues, or malfunctions affecting the video and audio stream. No financial compensation or refund shall be provided in such situations.
The Loft at Miracle Farms shall not be held responsible for any media files that get corrupted or cease to function.
8.1 INDEMNIFICATION
You agree that you will be responsible for your use of the site, and you agree to defend and indemnify The Loft at Miracle Farms from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the site; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party.
8.2 LIMITATIONS OF LIABILITY
In no event will The Loft at Miracle Farms be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the site or any materials or content available through the site, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of damage.
8.3 ENTIRE AGREEMENT
This terms and conditions contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof.
9.4 GOVERNING LAW
This terms and conditions and any claim, controversy or dispute arising under or related to this terms and conditions shall be governed by and construed in accordance with the internal laws of the state of Texas applicable to terms & conditions made and to be performed in such state without regards to conflicts of law principles thereof.
9.5 SEVERABILITY
In the event any provision of this terms and conditions is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the terms and conditions, and all other provisions shall continue in full force and effect as valid and enforceable.
9.6 WAIVER
The failure by The Loft at Miracle Farms to seek redress for violation of or to insist upon the strict performance of any covenant or conditions of this terms and conditions shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.
9.7 DISPUTE RESOLUTION
The parties herein shall initially attempt to resolve all claims, disputes or controversies arising under, out of or in connection with this contract by conducting good faith negotiations amongst themselves. If the parties hereto are unable to resolve the matter following good faith negotiations, the matter shall thereafter be resolved by binding arbitration.
9.8 NOTICE
All notices, requests, demands and other communications under this terms and conditions shall be in writing and shall be deemed to have been duly given (i) if delivered by hand and receipted for by the party to whom said notice or other communication shall have been directed, or (ii) mailed by certified or registered mail with postage prepaid on the 3rd business day after the date on which it is so mailed:
a). The Loft at Miracle Farms
Address: 9255 Lake Trail, Celina, TX 75009
b). Your name:
Address:
9.9 NON-SOLICITATION
During the period commencing on the Effective Date and ending one year following the Termination Date, you shall not, without the The Loft’s prior written consent, directly or indirectly; (i) solicit or encourage any person to leave the employment or other service of The Loft at Miracle Farms or its Affiliates; or (ii) hire, any person who has left the employment within the one-year period following the termination of that person’s employment with The Loft at Miracle Farms. During the period commencing on the date hereof through and ending one year following the Termination Date, you will not, intentionally interfere with the relationship of The Loft at Miracle Farms with, or endeavor to entice away from The Loft at Miracle Farms, any person who is an employee, client and/or affiliate.
For additional questions, please contact The Loft at Miracle Farms at info@recordattheloft.com.
