TERMS OF SERVICES
Acceptance of these terms
This Site, www.encantomusic.com (hereinafter – the Website) is owned and operated by Encanto Scoring Corporation LLC, Register No. 565362 in Puerto Rico Department of State (hereinafter “EncantoScoring”, “we”, “our” or “us”). Your use of the Website or Services provided by us is subject to these Terms of Service. When you use the Website and/or our Services, you agree to follow and be bound by these Terms of Service.
A. Recording Services
1. Session booking and payment
You can book the recording session by placing your order on the website or by contacting us directly by email at encantoscoring@gmail.com.
After placing the order, we will contact you to settle all the details and send you an invoice. A 50% advance payment is necessary to confirm the booking. Please make the full payment within three business days of the invoice date. Otherwise, Encanto Scoring reserves the right to cancel your booking. You can pay by credit card (Visa, Mastercard), by wire transfer or ATH Movil platform (in case of Puerto Rican residents).
2. Custom and shared sessions
We provide recording sessions in two formats:
- A custom session is booked exclusively for you and tailored to your needs. The orchestra line-up and the date can be arranged to meet your requirements. The minimum booking is a 4-hour session which includes 3 hours and 20 minutes of actual recording and 40 minutes of breaks. You can book a maximum of 2.5 to 4-hour sessions in a day.
- A shared session is arranged for several customers to achieve the minimum booking of 4 hours for the orchestra. Such a format allows you to book an orchestra to record a short piece of music without the need to pay for the entire 4-hour session. The minimum booking time for a shared session is 30 minutes. Shared sessions have predetermined recording dates and orchestra line-up with the option to add instruments for an extra cost. A shared session is held if there is enough booking for a chosen date. OrchestraScoring reserves the right to postpone the shared session until there is enough demand to provide the minimum booking of 4 hours.
3. Planned dates of the shared sessions
Shared sessions recording dates are our planned dates and subject to change. If there is not enough demand to hold a shared session on a chosen date, we reserve the right to postpone the session to a later date within 90 days. We will inform you of such a case no later than seven days before the initial date.
4. Cancelling and rescheduling
If you need to postpone or cancel your paid session, the following rules apply:
- If you notify us about cancellation/rescheduling at least 21 days before the recording date, you get the full refund.
- If you notify us about cancellation/rescheduling later than 21 but earlier than 14 days before the recording date, you are not eligible for a refund. But the payment you had made can be used to fund another recording session within 90 calendar days of the original date or on the nearest available date, provided the new date is agreed upon within three days from the notification date.
- If you notify us about cancellation/rescheduling later than 14 days before the recording date or in case of repeated cancellation/rescheduling, you are not eligible for a refund, and the paid amount is counted as a cancellation fee.
5. Scores and session files requirements
Please make sure to send us the score at least 14 days before the session via email: hello@orchestrascoring.com. Doing so will make it possible for our team to check the score for misprints or inaccuracies in advance and, should we find any, contact you to discuss the corrections. The decision of whether to make any corrections to the score rests solely with you. You will then make the corrections (if you deem them necessary) and send us the corrected version of the score/parts.
If we receive your score later than 14 days before the session, we cannot guarantee score checking in advance. In that case, any problems that may arise will be dealt with during your recording session, leaving less time for the actual recording process.
We accept scores and parts in PDF format. Please make sure to use A3 page size for the score and A4 page size for the individual parts.
If you need to record the orchestra over preexisting playback or with the metronome, you will also have to send us the audio and MIDI files with tempo and time changes or a ProTools session with the audio files already in place and bar numbers and tempo changes mapped out. Bar numbers in the ProTools session and MIDI files must match those in the score. If you send us the existing recording as separate WAV files, they must start from the same bar and match the MIDI files.
The audio files and ProTools sessions must have the same sample rate and bit depth at which you wish to record the orchestra. We can record at 44.1, 48, 88.2 and 96 kHz.
We must receive all the recording assets (scores, parts, audio files, ProTools sessions, MIDI files) at least 48 hours before the recording date. Otherwise, we reserve the right to cancel the recording, and the payment will not be refunded.
6. Timing and duration of the sessions
Shared sessions. You can book one or several time slots. The whole process of working with the orchestra and the studio happens within your time slot(s). That includes the recording itself and giving feedback and directions to the conductor, the musicians and the engineer. There can be orchestra breaks during your shared session, but those breaks don’t count to your booked time. So the total working time is exactly as in your order.
Custom sessions. Custom sessions include orchestra breaks. Every hour of the individual session consists of 50 minutes of work and a 10-minute break. Thus a 4-hour custom session consists of 50 minutes х 4 = 3 hours 20 minutes of work and 10 minutes х 4 = 40 minutes of breaks.
7. Streaming and communication during the session
We offer live streaming from the studio using Muse (www.musesessions.co). This platform offers a great services that united a Video and Audio in High Quality. It is important that before using this platform you make sure that you have explored it beforehand, that you have a profile created and that you are clear about the uses of its settings in terms of sound output and input.
On the day of recording, we will send you the necessary links to join the live stream and an invitation to a Muse meeting to communicate with our team and give all necessary directions to the conductor, the musicians and the engineer.
8. Technical and software requirements
To join our live stream, you will need a computer with a stable Internet connection (recommended connection speed is 8 Mbps or more), preferably the latest version of an Internet browser (we recommend using Google Chrome), a mic, Muse app.
Please make sure to install all the necessary software before the session starts. We also recommend using headphones/earphones to prevent audio echo.
9. Technical specs of the recordings
By default, we record at 24 bit, 48 kHz WAV. As per your requirements, we can also record at 24 bit, 44.1, 88.2 or 96 kHz WAV.
10. Delivery of the recorded materials
The recording will be available for download three calendar days after the session. This time is necessary for final quality control and to upload the files to the cloud.
By default, we deliver the recordings as ProTools sessions. We can upload separate WAV files at an extra charge.
We store the files for 30 days after the recording.
B. COMPOSITION Services
1. Scope of Services
1.1 Services Offered
Encanto Scoring Corp. agrees to provide Original Music Composition, Arrangements, Orchestration, Screen Scoring and Recording Services for Film and Television, and/or Consulting (hereinafter, the “Services”), as detailed in the specific service quotation or contract agreed upon with the Client.
1.2 Client Materials
The Client agrees to provide, in a timely manner, all necessary materials for the execution of the Services, including, but not limited to:
- The final or provisional picture edit (picture lock).
- Scripts, musical style references, and clear briefs.
- Any necessary license or permission for the use of pre-existing material, if applicable.
2. Fees, Payment, and Schedule
2.1 Quotation and Acceptance
All Services will be based on a formal Quotation (the “Proposal”) provided by Encanto Scoring Corp. This Proposal will detail the fees, deliverables, and schedule. The Client’s acceptance of the Proposal constitutes a binding agreement with these T&Cs.
2.2 Payment Terms
The Client accepts the following payment terms:
- A non-refundable retainer of 50% of the total project cost is required before commencing any composition work or pre-production.
- The remaining balance of 50% must be paid in full upon final score approval and before the delivery of the final masters ready for mixing/post-production.
- Long-term projects may require installment payments based on agreed-upon milestones.
2.3 Delayed Payment
Encanto Scoring Corp. reserves the right to suspend production and retain all usage rights to the composed music until the full and total payment for the service is received.
3. Approval, Revisions, and Delivery
3.1 Revision Process
A limited number of revision rounds 2 aimed at making minor adjustments to the composition will be included in the agreed-upon fee.
3.2 Additional Revisions
Any revision request that exceeds the agreed number, or requires a substantial change in the previously approved creative direction, will be considered a Change in Scope and will be billed at an additional hourly rate, previously agreed upon with the Client.
3.3 Final Approval
Once the Client grants final approval in writing or via email, the work is considered complete, and any subsequent changes will require a new agreement and an additional fee.
4. Intellectual Property and Usage Rights (Copyright)
4.1 Composition Copyright (Publishing Rights)
Unless otherwise agreed upon in writing (a Work-for-Hire contract):
- Encanto Scoring Corp. and/or its Composers Retain Ownership of the Composition Copyright (Publishing Rights), including the score, melody, and lyrics (if applicable).
- The Client will receive an Exclusive and Unlimited License for the use of the composition in the Audiovisual Work for which it was created, in perpetuity, across all media.
- The Client is responsible for ensuring the music is properly registered with the performing rights organization (e.g., ASCAP, BMI) with the composer(s) listed as creator(s).
4.2 Recording Copyright (Master Rights)
- Option A (Master Work-for-Hire): Upon full payment, the Client Acquires Full Ownership of the Master Recording Copyrights (Master Rights), with the recording being considered a “Work-for-Hire.”
- Option B (Master License): Encanto Scoring Corp. Retains ownership of the Master Rights and grants the Client an exclusive, perpetual, and unlimited license for the use of the recording in the Audiovisual Work.
4.3 Credit
The Client agrees to provide full and appropriate credit to Encanto Scoring Corp. and the designated Composers in all on-screen credits, marketing, and documentation related to the Audiovisual Work.
5. Termination and Cancellation
5.1 Termination by the Client
If the Client cancels the project after the acceptance of the quotation, the retainer is non-refundable. Furthermore, the Client will be responsible for paying for work completed up to the date of the cancellation notice, calculated at the agreed hourly rate or a reasonable percentage of the total project cost.
5.2 Termination by Encanto Scoring Corp.
We may terminate this agreement immediately if the Client materially breaches any of these T&Cs, including failure to pay or failure to supply necessary materials. In such a case, the Client will forfeit any payments made.
6. Limitation of Liability and Warranties
Encanto Scoring Corp. warrants that the music composed is original and that its use by the Client, in accordance with these T&Cs, will not infringe upon any third party’s copyrights. However, Encanto Scoring Corp. shall not be liable for incidental, special, or consequential damages arising from the use of the Services.
7. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, and any dispute arising from these T&Cs shall be resolved in the competent courts of Puerto Rico.
C. Arrangement Services
We provide arrangement services by your order, source materials and references you provide to us. The source materials might include midi, audio files or sheet music of the original compositions you want us to arrange.
1. Process and Time-frame
Here is the overview of the whole process:
- We present you with the first concept of an arrangement.
- After the first initial concept is presented, we discuss and make the necessary changes. There are four rounds of revisions included in this service. Any extra revision is available at cost.
- After all required changes are made, we present you with the final arrangement. After your approval, we will send you the deliverables (see Paragraph 2).
The exact schedule and delivery time are established during your project’s discussion.
2. Deliverables
Deliverables for the arranging services are:
- Audio file of the final arrangement (MIDI-mockup) in stereo WAV format.
- MIDI-file of the arrangement
Score and parts preparation is available as a separate service.
3. Refund Policy
Refunds are not available on the Arrangement service.
D. Credits
When releasing the recordings made by Encanto Scoring (in films; video games; on streaming platforms including YouTube, Soundcloud, Bandcamp, Spotify, Tidal, Apple Music, and others; via social media), we request you to credit the Encanto Scoring Corporation.
Crediting is mandatory when songs or tracks that use Encanto Scoring Corporation recordings are submitted for awards.
We recommend using this example to follow the structure below:
Recording Engineer – Josiane Feliciano (via Encanto Scoring Corp.)
Mastering – Harold Wendell Sanders (via Encanto Scoring Corp.)
Cello Solo – Keren Torres (via Encanto Scoring Corp.)
Conductor – Rubén Toledo (via Encanto Scoring Corp.)
Strings – Nexo Quartet (via Encanto Scoring Corp.)
Arrangement – Emmanuel Segarra (via Encanto Scoring Corp.)
i.e. Artist/Service – Artist Name (via Encanto Scoring Corp.)
Artists, orchestras, engineers cannot be credited without mentioning Encanto Scoring Corp.
Also, when you share your music or photos from Encanto Scoring sessions on social media we ask you to tag Encanto Scoring using following handles:
Facebook – @encantoscoring
Instagram – @encantoscoring
E. intellectual Property rights
All exclusive intellectual property rights arising during the provision of Encanto Scoring Corporation’s services are fully negociable for the use of the works. In the case of Recording services only, you may use them at your discretion without paying additional fees or royalties.
However, services that require a creative process, such as Songwriting or Composition services, as well as those involving Artist Management, will require prior contractual agreements with all interested parties regarding the distribution of fees and royalties.
In case of a refund, all rights to the intellectual property arising from rendering the Services reserved by the Encanto Scoring Corp.