The Skating Music Guy – General Terms and Conditions
1. Purpose
These General Terms and Conditions for audio production and editing together with the delivery terms set out in the order confirmation for the delivery of skating music edits (“Order Confirmation”) shall form the Agreement between the company Analogue Rob (business-id: 2624560-4 and with its registered address at Ahdekaunokintie 8 A, 00950 Helsinki) trading as “The Skating Music Guy” (hereinafter “TSMG”) and the individual skater(s) or entities (hereinafter “Customer”).
For the purposes of the Agreement TSMG is acting as a modifier and audio mastering engineer, commissioned by the Customer, of audio works or tracks provided by the Customer (the “Material”) to be modifed by TSMG in accordance with the Customer’s instructions to achieve the results of the Services, a music edit(s), (hereinafter “the Edit”) to be used in the skating or other sport activities of a Customer by the Customer.
These General Terms and Conditions together with the Order Confirmation shall govern the delivery of Edits by the TSMG to the Customer.
In case of any discrepancies between these General Terms and Conditions and the Order Confirmation, the latter shall prevail. These General Terms and Conditions form an integral part of the Agreement between the TSMG and the Customer.
2. Definitions
In these General Terms and Conditions the following expressions shall have the meanings as set out below:
(a) “Agreement” means the Order Confirmation for the delivery of skating music Edits and these General Terms and Conditions.
(b) “TSMG” means the producer of the Edits.
(c) the ”Customer” means the person(s), firm, entity or company contracting for the services of TSMG. (b) – (c) hereinafter together as “Parties”.
(d) the “Edit(s)” means productions delivered by TSMG to the Customer as a result of the Services that are tailored according to the instructions of a Customer using one or more original musical work contained in the Material and which may be considered as “technical modifications” to the original musical work(s) or derivative works, such as adaptations, or original works or parts thereof created solely by TSMG.
(e) the “Force Majeure Event” means events beyond either Party’s reasonable control, including but not limited to natural disasters, war, acts of terrorism, government actions, strikes, or pandemics.
(f) the “Material” means original musical works and/or audio tracks provided by the Customer that are modified by TSMG in accordance with the instructions of the Customer.
(g) the “Order Confirmation” means TSMG’s written order confirmation for the delivery of skating music Edits to the Customer’s order which include delivery terms including estimated price of the Services, description of the Services and a reference to these General Terms and Conditions.
(h) the “Services” means the delivery of Edits produced by TSMG to be used in the skating activities of a Customer that are based on the Material and instructions of a Customer.
(i) the “Revisions” means corrections to the Edits requested by the Customer i.e. small adjustments (volume changes, mix changes, adjustments to effects) or more extensive revisions to further tailor the Edit for the choreography of the Customer’s skating program.
3. Ordering and Delivery of the Services
The Customer may order the Services by contacting TSMG by email (info@theskatingmusicguy.com), WhatsApp, or the website https://www.theskatingmusicguy.com/. When placing the order the Customer shall provide to TSMG wishes and instructions for the Edit such as maximum length of the Edit, parts of the works contained in the Material that the Customer wants to be included or used in the Edit and any other wishes and information for the delivery of the Services.
In case the Customer is a consumer individual under the age of 18 the consent of a guardian is required for the ordering of the Services.
When placing an order, the Customer is obliged to provide contact details, which for a consumer individual Customer include at least name and e-mail address. For legal person Customers, the information required is entity name, telephone number and e-mail address of the contact person, as well as the business ID, postal address, telephone number(s) and, where applicable, the billing address. TSMG undertakes not to disclose this customer data to any third party.
All orders shall be rendered on a first come first serve basis unless otherwise exceptionally agreed. All delivery times stated on the TSMG’s website or by e-mail are only an estimation. In any event, the delivery time may be extended at any time after Order Confirmation. Expedited delivery of the Services may or may not be available. The Customer acknowledges and respects the regular working hours of TSMG which shall be 9.00 to 18.00, Monday to Friday (Eastern European Time). TSMG may work outside of these regular working hours if separately agreed.
The order shall be deemed to be accepted once TSMG has given its written Order Confirmation by email to the Customer’s order. TSMG’s Order Confirmation shall include delivery terms including the estimated price for the delivery of the Services, the description of the Services and a reference to or a copy of these General Terms and Conditions.
The Customer agrees to the delivery terms set out in the Order Confirmation with each order including to these General Terms and Conditions. Any contract terms possibly used by the Customer do not apply to the Agreement.
Material shall be made available by the Customer as instructed by the TSMG after the TSMG has given its written Order Confirmation. TSMG will create a unique cloud storage folder for the Customer for uploading of the Edits and Revisions. TSMG shall upload the Edits (and Revisions, if any) to the Dropbox folder for the Customer after completion of the Services. The Services shall be deemed to be completed after the Customer has accepted the Edit by written confirmation.
The Edits and Revisions shall be delivered as a 320kbps mp3 file and a CD-quality wav file. The Edits shall be delivered in a format appropriate for the Customer’s intended use, either Stereo or Mono. Quality and other requirements for the Material are set out in Section 6 (Material and instructions for the delivery of the Services).
4. Validity
The Agreement is made for the performance of a specific service and shall remain in force until the obligations set forth in the Agreement have been fulfilled, unless otherwise agreed by the Parties in writing.
5. Payment
TSMG will charge an hourly fee as described on the website. In addition to normal hourly fee a down payment will be charged in special cases where the delivery of the Edit requires live orchestration as agreed with the Customer. In this case the down payment required from the Customer shall cover the costs of organizing the live orchestration to the scope required for the delivery of the Edit. (Hourly fee and down payment together as “Charges”)
Terms of payment for the Charges are strictly 21 days from invoice date if not otherwise agreed in the Agreement. TSMG reserves the right to charge a late payment fee and statutory interest in accordance with the Interest Act (20.8.1982/633) at the rate of 7% above base rate on all amounts outstanding for more than 21 days. If applicable, all invoices will have VAT added at the applicable statutory rate.
TSMG reserves the right to adjust the Charges for its Services provided under this Agreement in response to material increases in costs, including but not limited to labor, materials, technology, regulatory compliance, or other relevant factors. In the event of a price adjustment, TSMG shall provide written notice to the Customer at least 30 days in advance. Any adjustments to the Charges shall be made in good faith and will reflect actual cost increases incurred by the Service Provider.
Except for the possible down payment, the Charges for the delivery of the Services is billed from the Customer via invoice that will be sent to the Customer’s email address and which is payable after the Customer has accepted the Edit.
Customer agrees to pay the invoice using one of the payment methods described on TSMG’s website.
6. Material and instructions for the delivery of the Services
As a precondition for the Agreement the Customer assumes the obligation to provide the Material and instructions for the Edit that will serve as a basis for the delivery of the Services. During the delivery of the Services TSMG may request the Customer to give additional instructions for the Edit. Customer is obligated to give any such instructions to TSMG without undue delay.
The Material to be provided to TSMG shall be preferably high quality mp3 files (at least 220 kbps) or a wav file (ideally 44.1khz, 16 bit). TSMG does not accept Material that has been converted from another file format or gathered from unlawful source e.g. pirated or ripped from YouTube.
Customer acknowledges that the use of the Edit in the skating activities or in any other public use context may require a license or authorization from the original rightsholders of the original works contained in the Material. Customer assumes the obligation to ensure that all licenses or authorizations including but not limited to the licences to make copies, create derivative works, adapt, perform, and create choreography to the original musical works contained in the Material, whether protected by copyright and/or related right or any other right, have been obtained from the relevant rightsholders at the Customer’s expense, where applicable.
Specifically,
Before making available the Material to TSMG the Customer is responsible to ensure that:
(i) all Material supplied by the Customer to be incorporated in the Edit does not infringe the copyright and/or any other rights of any nature and including intellectual property rights of any third party; and
(ii) where the copyright and/or any other intellectual property right or other right subsisting in the Material supplied is not owned by the Customer, the requisite license or authorization to make copies, to have made copies and to adapt the Material by TSMG and the Customer, has been obtained from the rightsholders; and
(iii) track titles, author, publishing and composer details are identified in the Material.
Before using the Edit in the skating activities or in any other activity, the Customer is responsible to ensure that:
(i) the copyright and/or any other intellectual property right or other right subsisting in the Material the requisite licence or authorization to perform in public, synchronize and broadcast the Material has been obtained from the rightsholders.
(ii) the original authors of the original works in the Material are adequately attributed when the Edit is performed in public or broadcasted.
Customer warrants that the Material does not infringe any third party intellectual or other rights and all licenses or authorizations mentioned above have been obtained from the rightsholders prior to making available the Material to TSMG and when using the Edit in the skating activities of a Customer.
Customer shall be fully and solely responsible for any claims of copyright or any other intellectual property right or other right infringements of third parties asserted to the TSMG or the Customer related to any use of the Material in the Edit or the use of the Edit. It is the Customer’s duty to ensure that the Material and its use in the Edit and the use of the Edit by the Customer does not violate any third party rights and that no claims are brought against TSMG for any such a violation.
At TSMG’s request the Customer shall furnish TSMG with the copies of the obtained licenses or authorizations from the relevant rightsholders.
7. Indemnification and limitation of liabilities
The Customer indemnifies TSMG and/or Rob Colling, its contract partners, agents and employees against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by TSMG and/or Rob Colling as a result of any breach by the Customer of the Agreement and in particular Section 6 (Material and instructions for the delivery of the Services) and Section 9 (Intellectual Property Rights).
Parties will promptly inform the other Party in the case of a claim or the bringing of a complaint related to the use of the Material in the Edit or the use of the Edit. If any such claims or complaints are brought against TSMG and/or Rob Colling related to the Edit the Customer is required to defend TSMG at its own cost and with the legal assistance that TSMG deems necessary. Any conclusion of a legal controversy by means of settlement or other measures requires the prior written agreement of TSMG.
TSMG shall not be liable to the Customer for any indirect, special, prospective, speculative, exemplary or consequential loss arising out of or connected to performance or non-performance under the Agreement, except in case of acts of gross negligence or willful misconduct.
8. Revisions
In case the Customer does not accept the Edit for any reason the Customer may request TSMG to perform revisions to the Edit. Any revisions requested by the Customer and performed by TSMG are subject to hourly fee of Section 5.
9. Intellectual Property Rights
TSMG does not own or claim any rights to the prior works in the Material. Provided that the Edit constitutes a “technical modification” or a derivative work to the original works in the Material, Customer has the right to use such Material and the Edit in accordance with the license agreements or authorizations given by the rightsholders.
To the extent that the Edit is treated as a technical modification or adaptation to the original works contained in the Material, TSMG hereby assigns, transfers and conveys to the Customer exclusively all its rights, title, and interest in and to the copyright and related rights in the Edit as technical modification or an adaptation including but not limited to all exclusive rights under the Finnish Copyright Act such as the rights of reproduction, distribution, transmission, public performance, right to make derivative works and further assign/transfer the copyright throughout the world, and for the entire duration of the copyright and the full ownership to the Edits. Customer hereby grants to TSMG an exclusive, world-wide, perpetual, royalty-free and unlimited license to reproduce, distribute, transmit, publicly perform, make derivative works and further assign/transfer the copyright and related rights of such Edit in the business operations of the TSMG throughout the world, and for the entire duration of the copyright and related rights.
Unless otherwise agreed with the Customer, TSMG hereby expressly waives its right to be identified as the author of the Edit in any manner, format, or medium.
To the extent that the Edit as a whole or parts thereof is original or contain original music created solely by TSMG, all rights, title, and interest in and to the copyright and related rights shall vest and be the sole property of TSMG including but not limited to all exclusive rights under the Finnish Copyright Act such as the rights of reproduction, distribution, transmission, public performance, right to make derivative works and further assign/transfer the copyright throughout the world, and for the entire duration of the copyright and the full ownership to such Edits. TSMG hereby grants to the Customer, a non-exclusive, worldwide, perpetual, royalty-free license including but not limited to use, reproduce, distribute, transmit and publicly perform such Edit solely for the purposes of this Agreement.
10. Storage of the Edits
It is the Customers’ responsibility to back up, save, and protect all the copies of the Edits provided during the course of the Agreement.
TSMG is not responsible for backing up, storage, or loss of data after the copy of the Edit accepted by the Customer has been transferred to TSMG’s cloud storage folder mentioned in Section 3. TSMG does practice archival backups of the Edits as much as possible but there are no warrants or guarantees of absolute long-term backup once the Services have been delivered to the Customer.
11. Subcontractors
TSMG may use subcontractors to perform any of its obligations under the Agreement, provided that TSMG ensures that all subcontractors comply with the Agreement.
12. Assignment
Customer may not assign or transfer this Agreement, in whole or in part, without the prior written consent of TSMG. Notwithstanding the foregoing, TSMG may assign this Agreement in its entirety without the consent of the Customer to (i) an affiliate, or (ii) in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets or shares, provided that TSMG provides prompt written notice to the Customer. In this case TSMG shall remain liable for the performance of all obligations under this Agreement unless explicitly released in writing by the Customer.
13. Force Majeure
Neither Party shall be liable for delays or failures in performance due to a Force Majeure Event. The affected Party must promptly notify the other party in writing of the Force Majeure Event and take all reasonable steps to mitigate its impact. During the continuance of any Force Majeure Event, the obligations of the affected Party shall be suspended to the extent that they are impacted by the Force Majeure Event, and the time for performance of such obligations shall be extended for the duration of the Force Majeure Event. The Party affected by the Force Majeure Event shall resume performance of its obligations under the Agreement as soon as reasonably practicable after the Force Majeure Event ceases to exist and shall promptly notify the other Party of the cessation of the Force Majeure Event.
If the Force Majeure Event continues for a period of more than sixty (60) consecutive days, either party may terminate this Agreement by giving written notice to the other party, without liability, except for any rights and liabilities that have accrued prior to such termination.
14. Cancellation
The Customer may cancel the order at any time after placing of the order. If the order is cancelled after receiving of the Order Confirmation and TSMG has started the delivery of the Services, all costs incurred for the delivery of the Services will be invoiced regardless of the cancellation.
15. Termination
Each of the Parties shall have the right to terminate the Agreement immediately by providing written notice to the other Party if the other Party fails to perform or comply with any of its material obligations contained in the Agreement, and such failure is not capable of being remedied, or, in the event such failure is capable of being remedied, is not remedied and cured in all respects within thirty (30) days after the date written notice of such failure is delivered to the non-compliant Party.
16. Right of reference
If separately agreed between the Parties, TSMG has a right to use the Customer as a public reference and display the Customer’s name e.g. on TSMG’s website. Parties shall agree on the details of any publications in writing.
17. Other terms
The Agreement and its Annexes (if any) constitute the entire Agreement between the Parties and supersede all prior agreements, understandings and negotiations, whether oral or written, between the Parties with respect to the subject matter of the Agreement.
All changes and additions to the Agreement shall be made in writing in order to be valid.
TSMG may at any time, without notice to the Customer and at its sole discretion, amend these General Terms and Conditions from time to time. Orders are subject to these General Terms and Conditions in force at the time of the order, which can be found on the website of the TSMG and which the Customer must read and familiarize itself with before placing of an order.
18. Survival
Notwithstanding any provision of these General Terms and Conditions to the contrary, the provisions of Section 6 (Material and instructions for the delivery of the Services), Sections 7 (Indemnification and limitation of liabilities) and Section 9 (Intellectual Property Rights) and any other provisions which by their nature are intended to survive termination or expiration of the Agreement, shall survive and continue in full force and effect after the termination or expiration of the Agreement.
19. Governing Law and Dispute Resolution
This agreement shall be governed and controlled in accordance with the Laws of Finland excluding its choice of law provisions and courts of which have exclusive jurisdiction.
Parties shall strive to resolve any dispute, controversy or claim arising out of or relating to the Agreement between the Parties amicably by negotiation. If the Parties cannot resolve the dispute, controversy or claim by negotiation, it will be finally settled by the district court of where TSMG is domiciled or if the matter is based on the Consumer Protection Act by the district court in whose jurisdiction the consumer is domiciled or habitually resident.
20. Contact
Service provider:
Company name: Analogue Rob
Business-ID: 2624560-4
Address: Ahdekaunokintie 8 A, 00950 Helsinki
Email: info@theskatingmusicguy.com
These General Terms and Conditions were last updated on: 15 June 2026