Terms & Conditions
Introduction
These Terms & Conditions ("Agreement") govern all services provided by Melody Ave Studio ("Company", "we", "us", or "our"), a division of Graphic Web Design, Inc., to the user ("User", "Client", "you", or "your").
By creating an account, booking a session, purchasing a membership, or continuing to use services provided through the Melody Ave booking platform at book.melodyave.com (the "Platform"), you agree to be bound by these Terms & Conditions.
These Terms apply to all services offered through the Platform, including but not limited to rehearsal room bookings, recording sessions, equipment rentals, stage rentals, event production, membership services, gig facilitation, and artist directory listings.
Use of the Platform constitutes acceptance of these Terms whether or not a separate agreement is signed.
1. Communication and User Responsibilities
1a. Communications Recording and Data Collection
The User acknowledges and consents that all communications with the Company — including but not limited to emails, text messages, phone calls, and in-app messages — may be recorded, stored, and archived for quality assurance, training, documentation, and legal purposes.
The Company may also collect and store technical data including, but not limited to, IP addresses, email interaction data (such as opens and clicks), booking behavior, session preferences, and platform usage data.
2. Booking, Payment, and Membership
2a. Booking and Reservations
All bookings are subject to availability. A reservation hold is placed at the time of booking and must be confirmed with payment within the hold window. Unconfirmed reservations will be automatically released.
Full payment is required at the time of booking. We accept major credit cards, Apple Pay, Google Pay, and PayPal/Venmo. All prices are in USD and include applicable taxes unless otherwise stated.
2b. Recurring Services and Memberships
Melody Ave memberships are recurring monthly subscriptions billed in advance. Membership benefits apply only while the subscription is active and in good standing.
Monthly membership fees include a seven (7) day grace period. If payment is not received within this period, the Company reserves the right to suspend membership benefits, restrict access to member-only features, or terminate the membership until the account is brought current.
Cancellation of membership requires thirty (30) days written notice. Failure to provide adequate notice will result in billing for the subsequent service period. All membership payments made are non-refundable.
2c. Billing, Accounting, and Payment Methods
The Company may provide access to a user portal or billing system for the purpose of viewing invoices, payment history, and account activity.
Users may have the ability to:
- Access accounting documents and itemized invoices - Update, remove, or replace payment methods - Manage billing preferences and stored payment information
The User is responsible for maintaining accurate and up-to-date billing information. The Company is not liable for service interruptions, lost bookings, or expired holds resulting from failed or outdated payment methods.
2d. Cancellation Policy
Cancellations must be made at least 72 hours before your scheduled session to receive a full refund. Cancellations made within 72 hours of the session are non-refundable. No-shows forfeit the full booking amount.
3. Studio Rules and Policies
3a. Arrival and Access
Doors open at your booked session time only. Early arrival does not guarantee early access. All gear should be ready to load in at your scheduled time. If you need early access, the Early Arrival / Load In add-on must be purchased or included with your membership.
3b. Recording Policy
Audio and video recording is not permitted during standard rehearsal sessions. Recording requires the Recording Add-on, which includes professional setup and an engineer on-site.
3c. Guests Policy
Only band members actively participating in the rehearsal are permitted in the studio. Non-playing guests, friends, and spectators are not allowed unless the Guests Add-on is purchased or included with your membership.
3d. Equipment
Basic equipment (PA, mics, drum kit, amps) is provided. You are responsible for bringing your own instruments unless rental equipment is booked. Any damage to studio equipment will be charged to the card on file.
3e. Conduct
No smoking, vaping, or illegal substances on the premises. Alcohol is permitted for private events only with prior approval. The Company reserves the right to end any session and remove any individuals who violate studio rules, without refund.
4. Intellectual Property and Portfolio Rights
4a. Ownership of Recordings
All recordings made during booked sessions with the Recording Add-on are owned by the booking party. Melody Ave retains no rights to your recorded material.
4b. Portfolio and Promotional Rights
The Company reserves the right to display and promote User profiles, artist directory listings, band photos, session photos, and event content in its portfolio, marketing materials, social media, and digital channels for the purpose of promoting the User for gigs, showcasing the Platform, and general business promotion — unless otherwise agreed in writing.
By listing your profile in the Melody Ave artist directory, you grant the Company a non-exclusive, royalty-free, worldwide license to use your name, likeness, band name, genre, photos, and audio samples for the purpose of promoting you for performance opportunities and promoting the Platform.
5. Platform Usage and Gig Commissions
5a. Gig Facilitation
Melody Ave provides a platform for musicians, bands, and artists to book studio time, connect with venues, and secure performance opportunities ("gigs"). By using the Platform — including the artist directory, booking system, and any referral or matchmaking features — to obtain, facilitate, or secure gigs, performances, or paid engagements, you agree that Melody Ave is entitled to a commission on all such engagements.
5b. Commission Rates
Commission rates are as follows:
- Standard rate: 15% of the gross booking or performance fee for gigs secured through the Platform - Member rate: 10% for active Melody Ave members in good standing
Commissions apply to any gig, performance, or paid engagement that originated through, was facilitated by, or was made possible through connections, introductions, or opportunities provided by the Melody Ave platform, even if the final arrangement is made outside the Platform. This obligation survives for 12 months after your last use of the Platform for any venue or promoter relationship initiated through Melody Ave.
Failure to report and pay applicable commissions may result in account suspension and pursuit of owed amounts.
5c. Anti-Circumvention
You agree not to use the Platform to circumvent Melody Ave's commission structure, including but not limited to: directing venues or promoters to contact you outside the Platform to avoid commissions, creating duplicate accounts, or misrepresenting your relationship with the Platform.
6. Cybersecurity and Data
6a. Security Measures
The Company will implement and maintain commercially reasonable security measures to protect the Platform, User data, and related systems. However, no system connected to the internet is immune to cyberattacks, and the Company does not warrant or guarantee that its security measures will prevent all unauthorized access, data breaches, or cyberattacks.
6b. User Acknowledgments
The User acknowledges and agrees that:
- The Company shall not be liable for any damages, losses, or costs arising from a cyberattack, data breach, or unauthorized access, except to the extent directly caused by the Company's gross negligence or willful misconduct - The User is solely responsible for maintaining the security of all login credentials, API keys, and access tokens - The User shall immediately notify the Company in writing upon discovering or suspecting any security breach, unauthorized access, or compromise of credentials - The User is solely responsible for compliance with all applicable data privacy and data protection laws and regulations (including but not limited to CCPA and GDPR) with respect to any personal data they collect or process through the Platform
6c. Incident Response
In the event of a confirmed security incident affecting User data under the Company's management, the Company will:
- Notify the affected User(s) in writing within seventy-two (72) hours of becoming aware of the incident - Take commercially reasonable steps to contain and remediate the incident - Provide a summary of the incident, including the nature of the breach, systems affected, and remedial actions taken
The cost of remediation, forensic investigation, legal compliance, and notification obligations resulting from a security incident shall be borne by the Company only where the incident is directly attributable to the Company's gross negligence or willful misconduct.
7. Confidentiality
7a. Confidential Information
Each party acknowledges that during the course of this Agreement, it may receive or have access to information that is confidential or proprietary to the other party, including but not limited to business plans, customer lists, financial data, trade secrets, technical specifications, login credentials, booking data, and proprietary processes ("Confidential Information").
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (d) is lawfully received from a third party without restriction on disclosure.
7b. Non-Disclosure Obligations
Each party agrees to:
- Hold all Confidential Information in strict confidence - Not disclose Confidential Information to any third party without prior written consent - Use Confidential Information only for the purposes of performing obligations under this Agreement - Take all reasonable measures to prevent unauthorized disclosure
These obligations shall survive the termination or expiration of this Agreement for a period of three (3) years.
8. Communications and Marketing
8a. Marketing Disclaimer
The Company does not guarantee specific results, including but not limited to number of gig bookings, audience growth, revenue increases, or return on investment from membership or platform usage.
8b. SMS / Text Message Program
By opting in to SMS on the Melody Ave booking platform at book.melodyave.com — either during account creation or through your notification settings — the User consents to receive automated text messages from Melody Ave Studio at the phone number provided. Messages are sent via an A2P 10DLC-registered campaign through Twilio or a comparable compliant carrier aggregator.
Program description. The Melody Ave SMS program sends transactional messages, including:
- Booking confirmations, reschedules, and cancellations
- Session reminders (typically 24 hours and 1 hour before a booked session)
- Availability alerts for priority members based on preferred rehearsal days
- Gig, audition, and artist-directory notifications
- Account, membership, and billing alerts, such as payment receipts, membership renewals, and access changes
Message frequency. Message frequency varies based on booking activity and the notification categories enabled. The User should expect approximately 2–20 messages per month under normal use, and more during active booking periods or event production.
Message and data rates. Message and data rates may apply depending on the User's mobile carrier and plan. Melody Ave Studio does not charge for SMS messages; the User's carrier's standard rates apply.
How to opt out. The User may opt out at any time by:
- Replying STOP to any text message sent by the Company
- Disabling any or all notification categories under Notification Settings at book.melodyave.com
Once the User opts out, the Company will send a final confirmation that the User has been unsubscribed, and will not send further SMS until the User opts back in. Transactional messages required to deliver a booked session (such as a same-day session reminder for an already-confirmed booking) may still be sent where necessary to fulfill the booking.
How to get help. Reply HELP to any text message, or email [email protected].
Supported carriers. The program is available to U.S. mobile subscribers on major carriers, including AT&T, Verizon Wireless, T-Mobile, and their affiliates. Carriers are not liable for delayed or undelivered messages.
Eligibility. The User must be at least eighteen (18) years old and the authorized account holder of the mobile number provided. By opting in, the User represents that they own or have permission to use the mobile number, and agrees to promptly notify Melody Ave if the number is no longer theirs.
Agreement to SMS Program Terms. By enabling SMS messages, the User agrees to these SMS Program Terms and to the Company's Privacy Policy. If the User does not agree, the User should not opt in; the booking platform remains fully usable without SMS.
8c. Email Communications
By creating an account, you consent to receive transactional emails related to your bookings (confirmations, reminders, cancellations). Members who opt in to priority notifications will receive weekly availability updates based on their preferred rehearsal days. You may opt out of non-essential communications at any time through your account settings.
We may also send important service announcements, policy updates, and safety notices that cannot be opted out of as they are essential to your use of the Platform.
9. Termination and Access
9a. Termination and Cancellation
Either party may terminate this Agreement upon thirty (30) days written notice to the other party.
All payments made are non-refundable. The User is responsible for the full value of all bookings completed, costs incurred, commissions owed, and any outstanding balances up to the date of termination.
Cancellation of membership or recurring services requires thirty (30) days written notice. Failure to provide adequate notice will result in billing for the subsequent service period.
9b. Right of Refusal
The Company reserves the right to refuse service, decline bookings, or terminate any account or agreement at its sole discretion, with or without cause.
9c. Access and Suspension
The Company reserves the right to suspend accounts, restrict platform access, or cancel upcoming bookings in the event of non-payment, breach of this Agreement, or violation of studio rules.
9d. Release of Digital Assets and Offboarding
Upon termination or cancellation of services, the release and transfer of digital assets shall be subject to the following:
- All outstanding balances, including commissions, must be paid in full before any assets are released - The User is solely responsible for downloading or exporting their data, including artist profiles, booking history, and recordings, prior to account closure - Once an account has been closed, the data will no longer be available through the Company. No historical data, backups, or archives will be retained or available for future requests - The Company shall not be liable for any damages, data loss, or misuse arising from the User's use of released digital assets after transfer - The Company will retain backups of the User's data for a period of thirty (30) days following account closure, after which all data will be permanently deleted
9e. Survival
The following sections shall survive any termination or expiration of this Agreement: Section 4 (Intellectual Property), Section 5 (Platform Usage and Commissions), Section 7 (Confidentiality), Section 9a (payment obligations), Section 10 (Indemnification), Section 11 (Representations and Warranties), Section 12 (Legal and Liability), and Section 13 (General Provisions).
10. Indemnification
10a. User Indemnification
The User agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or related to:
- The User's use of the Platform and studio facilities - Content, materials, or data provided by the User (including artist profiles and uploaded media) - The User's breach of this Agreement - Any third-party claim arising from the User's performances, business operations, or conduct - Any violation of applicable law or regulation by the User - Damage to studio equipment or facilities caused by the User or their guests
10b. Company Indemnification
The Company agrees to indemnify, defend, and hold harmless the User from and against any third-party claims arising directly from the Company's willful infringement of a third party's intellectual property rights, provided the User promptly notifies the Company in writing and grants the Company sole control over the defense and settlement of such claim.
11. Representations and Warranties
11a. Company Representations
The Company represents and warrants that:
- The Platform and studio facilities will be maintained in a professional and workmanlike manner - The Company has the right and authority to enter into this Agreement and perform its obligations - To the best of the Company's knowledge, the Platform will not knowingly infringe on any third party's intellectual property rights
The Company does not warrant that the Platform will be error-free, uninterrupted, or compatible with all hardware, software, or future technologies.
11b. User Representations
The User represents and warrants that:
- The User has the right and authority to enter into this Agreement - All content, materials, images, audio, and data provided by the User are owned by or properly licensed to the User - The User's use of the Platform will comply with all applicable laws and regulations - The User will not use the Platform for any unlawful purpose - The User will accurately report all gigs and engagements facilitated through the Platform for commission purposes
The User shall be solely responsible for any claims arising from content or materials provided by the User.
12. Legal and Liability
12a. Limitation of Liability
The Company's total liability under this Agreement shall not exceed the total amount paid by the User to the Company under this Agreement during the twelve (12) months preceding the claim.
Under no circumstances shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, gig income, or goodwill, regardless of whether such damages were foreseeable or whether the Company was advised of the possibility of such damages.
12b. Arbitration and Venue
Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in Palm Beach County, Florida, in accordance with the rules of the American Arbitration Association.
Both parties waive their right to a trial by jury.
The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
12c. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions.
12d. Attorney Fees and Costs
Each party shall bear its own attorney fees, costs, and expenses incurred in connection with any dispute, action, or proceeding arising out of or relating to this Agreement, regardless of outcome, except where recovery of fees is expressly required by statute or by an arbitrator's award under Section 12b.
12e. Independent Contractor
The Company is an independent contractor. Nothing in this Agreement shall be construed as creating an employment, partnership, joint venture, or agency relationship between the parties. Musicians, artists, and users of the Platform are not employees, agents, or representatives of Melody Ave.
12f. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay arises from circumstances beyond that party's reasonable control, including but not limited to natural disasters, acts of government, pandemics, power outages, internet service disruptions, cyberattacks, or acts of terrorism.
The affected party shall promptly notify the other party of the force majeure event and use reasonable efforts to mitigate its effects. If the force majeure event continues for more than sixty (60) days, either party may terminate this Agreement upon written notice.
12g. Liability for Personal Property
Melody Ave is not responsible for lost, stolen, or damaged personal property. Enter and use the studio at your own risk. By booking, you agree to indemnify and hold harmless Melody Ave and its staff from any claims arising from your use of the facilities.
13. General Provisions
13a. Severability
If any term, clause, or provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision. The invalid term shall be deemed severed from this Agreement, and the remaining provisions shall continue in full force and effect.
13b. Waiver
No waiver by either party of any default shall be deemed a waiver of any prior or subsequent default of the same or other provisions of this Agreement. No waiver shall be effective unless made in writing and signed by the waiving party.
13c. Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, representations, and understandings, whether written or oral, relating to the subject matter hereof.
This Agreement may not be modified or amended except in writing signed by both parties. In the event of a conflict between this Agreement and any proposal, invoice, or other document, this Agreement shall govern and take precedence.
13d. No Assignment
Neither party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations without the prior written consent of the other party. Any attempted assignment or delegation without such consent shall be void.
Notwithstanding the foregoing, the Company may assign this Agreement to a successor entity in connection with a merger, acquisition, or sale of substantially all of its assets, provided the successor agrees to be bound by the terms of this Agreement.
13e. Notices
All formal notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when:
- Sent via email to the address on file, with confirmation of receipt; or - Sent via certified mail, return receipt requested, to the party's last known business address
Each party is responsible for maintaining current contact information on file with the other party.
13f. Electronic Signatures
The parties agree that this Agreement and any related documents may be executed by electronic signature through a third-party electronic signature platform. Electronic signatures shall be deemed valid and binding to the same extent as original handwritten signatures, in accordance with the federal Electronic Signatures in Global and National Commerce Act (ESIGN Act, 15 U.S.C. §7001 et seq.) and the Florida Uniform Electronic Transaction Act (FUETA, Florida Statutes §668.50).
Each party agrees that their electronic signature constitutes their intent to sign, acceptance of the terms herein, and consent to conduct this transaction electronically. A signed electronic copy of this Agreement shall be treated as an original for all purposes.
13g. Updates to Terms
The most current version of these Terms & Conditions is available at: /terms on our website
The Company reserves the right to update or modify these terms at any time. Users will be notified of material changes via email or through the Platform.
Continued use of the Platform after notification of updated terms constitutes acceptance of the most current version.
Questions? Contact us at [email protected]