OVERVIEW

What is this waiver?

As part of our lease agreement with The Williamson Group, LLC, we are liable for any and all guests entering the facility. As such, our risk management team has created the following Indemnification of Liability Waiver.

What does this waiver do?

This waiver is designed to indemnify (or “release the liability of”) Surdy Luxury Recording Studio & Rooftop and Five Rivers Entertainment Holdings, LLC—which leases Studio 107 from The Williamson Group, LLC—from liability, and transfer it unto you, the client. The waiver is limited in scope to the duration of your recording session and applies only to activities within our recording studio.

What does this waiver mean?

Indemnification is “legalese” for transference of litigation risk between two parties. Agreements like this are commonly signed before guests are allowed into concerts, amusement parks, and so forth.

Essentially, this means that you—and you alone—are legally liable for the actions of yourself & your guests. In the rare event of a slip, fall, injury, or other accident, you acknowledge that you hereby revoke your right to sue us.

Please note this is merely an educational overview intended to provide clarity and is not part of the actual waiver. Please read the Indemnification of Liability Waiver thoroughly before entering the recording studio premises and contact us if you have any questions or concerns. Thank you!

INDEMNIFICATION OF LIABILITY WAIVER

Surdy Luxury Recording Studio & Rooftop

By entering and using the facilities, services, and equipment at Surdy Luxury Recording Studio & Rooftop ("Studio"), located at 10440 Burbank Blvd Ste 107, you ("Client") acknowledge and agree to the following terms and conditions:

1. Assumption of Risk

Precautions are taken to ensure safety & security of all guests and employees. The recording studio facility is equipped with security features including extensive 24/7 CCTV monitoring and keyless, state-of-the-art biometric entry. All persons entering Surdy Luxury Recording Studio & Rooftop located within The Williamson may be asked to show government ID and undergo inspection for dangerous weapons. Studio reserves right to screen clients upon entry and decline at the door. Client acknowledges that participation in recording sessions, events, and related activities at the Studio carries inherent risks, including but not limited to serious bodily injury, death, equipment-related hazards, and potential property damage. Client voluntarily assumes all such risks associated with their use of the Studio.

2. Release of Liability

To the fullest extent permitted by law, Client hereby releases, discharges, and holds harmless Surdy Luxury Recording Studio & Rooftop, Five Rivers Entertainment Holdings, LLC, which leases Studio 107 from The Williamson Group, its owners, affiliates, employees, contractors, and agents ("Released Parties") from any and all claims, demands, liabilities, damages, losses, or expenses (including legal fees) arising out of or in connection with Client’s presence at or use of the Studio, whether caused by negligence or otherwise.

3. Indemnification

Client agrees to indemnify, defend, and hold harmless the Released Parties from any claims, damages, losses, or liabilities arising from:

  • Client’s actions, negligence, or misconduct while on the premises.

  • Any injury, damage, or loss suffered by Client, Client’s guests, or third parties due to Client’s use of the Studio.

  • Any breach of this waiver by Client or their guests.

4. Property and Equipment Responsibility

Client is responsible for any damage, theft, or misuse of the Studio’s equipment, instruments, or property during their session. Any damages must be reported immediately, and Client will be held financially liable for repairs and prosecuted to the fullest extent of the law.

5. Conduct and Compliance

Client agrees to abide by all Studio rules, policies, and instructions provided by staff. The Studio reserves the right to refuse service or remove any Client or guest who violates these terms or engages in disruptive, unsafe, or unlawful behavior.

6. No Warranties

The Studio makes no guarantees or warranties, express or implied, regarding the condition, suitability, or performance of the facilities, equipment, or services provided.

7. Governing Law

This waiver shall be governed by and construed under the laws of the State of California. Any disputes arising from this agreement shall be resolved in the courts of the State of California.

8. Acknowledgment and Agreement

By entering the Studio premises or booking a session, Client affirms that they have read, understood, and voluntarily agreed to this Indemnification of Liability Waiver. If signing on behalf of a minor or third party, Client accepts full responsibility for their compliance with these terms.

FAIR USE DISCLAIMER AND APOLITICAL ADDENDUM

I. FAIR USE DISCLAIMER

  1. The materials displayed, distributed, or otherwise made available by Surdy Studios (hereinafter, "the Studio") may include copyrighted content, trademarks, trade names, service marks, logos, and other proprietary materials owned by third parties. The Studio asserts no ownership interest in any such third-party content except as expressly stated.

  2. All third-party materials are provided without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

  3. The use of any third-party content by the Studio is intended to constitute "fair use" under Section 107 of the Copyright Act of 1976 (17 U.S.C. § 107), or other applicable limitations and exceptions under United States or foreign copyright laws. Fair use determinations are made in good faith based on factors including, without limitation:

    (a) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

    (b) The nature of the copyrighted work;

    (c) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

    (d) The effect of the use upon the potential market for, or value of, the copyrighted work.

  4. No representations or guarantees are made regarding the legal sufficiency or enforceability of any fair use claim. Users of content provided by the Studio are strongly encouraged to seek independent legal advice regarding the permissibility of any intended use.

  5. To the extent any use of third-party materials by the Studio exceeds the scope of fair use or other applicable exceptions, the Studio will expeditiously remove or disable access to such materials upon proper notification by the rights holder in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) or other applicable legal authority.

II. CONSTITUTIONAL FREEDOMS ADDENDUM

Whereas the Constitution of the United States of America (hereinafter, "the Constitution") guarantees certain inalienable rights to its citizens and persons within its jurisdiction, including, but not limited to, the following freedoms enshrined in the First Amendment:

 A.   Freedom of Speech:  Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech.

 B.   Freedom of Expression:  Congress shall make no law ... abridging the freedom of speech, or of the press.

 C.   Freedom of Association:  The right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

III. APOLITICAL STATEMENT

  1. Surdy Studios is, and shall remain, strictly apolitical. The Studio does not endorse, support, or oppose any political party, candidate, campaign, or ideological viewpoint.

  2. Any opinions, viewpoints, or content expressed, produced, or recorded on the premises of Surdy Studios are those of the respective content creators and do not reflect the views, positions, or endorsements of the Studio.

  3. The Studio disclaims any agreement or disagreement with the views expressed in any third-party or user-generated content. All such views are solely those of the authors and not of the Studio.

IV. GENERAL PROVISIONS

  1. Severability. If any provision of this Disclaimer and Addendum is held to be invalid or unenforceable under applicable law, such provision shall be struck and the remaining provisions shall remain in full force and effect.

  2. Governing Law. This Disclaimer and Addendum shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

  3. Entire Agreement. This document constitutes the entire agreement between the Studio and any user or third party with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, representations, or agreements.

  4. Amendment. This Disclaimer and Addendum may be amended only by a written instrument executed by an authorized representative of the Studio.

  5. Effective Date. This Disclaimer and Addendum shall be effective as of the date of its posting or publication by the Studio and shall remain in effect until superseded or rescinded by the Studio.

This waiver is legally binding. If you do not agree to these terms, do not enter or use the Studio’s facilities.