KONG STUDIOS – TERMS & CONDITIONS

Effective Date: 14 February 2026
Governing Law: England & Wales

These Terms & Conditions (“Agreement”) govern all services provided by Kong Studios (“Kong Studios”, “we”, “us”, “our”) to the Client (“Client”, “you”).

By submitting an application, approving a quote, or making payment, Client confirms acceptance of these Terms.

1. SERVICES

Kong Studios provides:

  • Mixing

  • Mastering

  • Full Music Production

  • Production with Songwriting Contribution

Each category is governed by the commercial structure outlined below.

2. PROJECT APPROVAL & PAYMENT

2.1 All projects are subject to approval.
2.2 Full payment is required before work commences unless agreed otherwise in writing.
2.3 Payments are non-refundable once work has commenced.
2.4 All fees are exclusive of taxes unless stated.

Ownership does not transfer until payment is received in full.

3. TURNAROUND & REVISIONS

3.1 Estimated timelines are non-binding.
3.2 One (1) revision is included unless otherwise agreed.
3.3 Additional revisions or scope changes may incur additional fees.

4. MIXING / MASTERING ONLY (NO PRODUCTION)

Where Kong Studios provides mixing and/or mastering only:

4.1 Services are provided on a flat-fee basis.
4.2 Kong Studios retains no master royalty interest.
4.3 Kong Studios retains no publishing interest.
4.4 Upon full payment, all master ownership remains with Client.
4.5 Engineering credit is appreciated but not mandatory unless agreed.

5. FULL PRODUCTION (NO SONGWRITING CONTRIBUTION)

5.1 Client retains 100% ownership of the Master Recording.
5.2 Kong Studios shall receive ten percent (10%) of Net Master Recording Income once cumulative global streams exceed 500,000 streams across all DSPs combined.
5.3 Royalty participation activates only after the threshold is met.

5.4 Definition – Net Master Recording Income

“Net Master Recording Income” means all gross income actually received by Client or any third party from exploitation of the Master, including but not limited to:

  • Streaming revenue

  • Downloads

  • Physical sales

  • Sync license master fees

  • Neighbouring rights income

  • Advances attributable to the Master

Less only:

  • Distributor commissions

  • Platform fees

No additional deductions (marketing costs, recoupments, management commissions, label overhead, or other indirect expenses) may be deducted without written consent from Kong Studios.

6. PRODUCTION WITH SONGWRITING CONTRIBUTION

Where Kong Studios contributes to melody, lyrics, harmony, composition, or song structure:

6.1 All terms in Section 5 apply.
6.2 Publishing splits shall be agreed in writing per project reflecting actual contribution.
6.3 Kong Studios shall be credited as writer where applicable.
6.4 Publishing must be registered accurately with relevant Performing Rights Organisations.

Publishing participation survives any assignment or transfer.

7. STREAM THRESHOLD & RE-RELEASE PROTECTION

7.1 The 500,000 stream threshold applies per individual Master Recording produced by Kong Studios.

7.2 The threshold does not apply collectively across albums, EPs, compilations, or multiple releases unless expressly agreed in writing.

7.3 The 500,000 stream threshold applies cumulatively across all digital service providers worldwide.

7.4 Royalty participation applies to the Master Recording and any:

  • Re-release

  • Remaster

  • Alternate version

  • Radio edit

  • Deluxe edition

  • Compilation inclusion

  • New ISRC registration

  • Re-upload through new distributor

7.5 Client may not circumvent royalty obligations through re-release, distributor change, new ISRC assignment, or technical alteration of the Master.

8. LABEL, DISTRIBUTION & THIRD-PARTY DEALS

8.1 Client shall ensure Kong Studios’ royalty and publishing interests are protected in any third-party agreement.
8.2 No agreement may reduce, waive, or buy out Kong Studios’ rights without written consent.
8.3 Royalty rights survive assignment of the Master to any label or third party.
8.4 If the Master is licensed or assigned, Client remains secondarily liable for payment.

9. ROYALTY ACCOUNTING & AUDIT

9.1 Royalty statements must be provided every six (6) months.
9.2 Payment must be made within thirty (30) days of accounting.
9.3 Kong Studios has the right to audit records once per year upon reasonable notice.
9.4 Underpayment exceeding 5% requires reimbursement of audit costs.
9.5 Late payments accrue statutory interest under the Late Payment of Commercial Debts Act 1998.

10. CREDITS

10.1 Production projects must credit: “Produced by Kong Studios.”
10.2 Songwriting credits must reflect agreed splits.
10.3 Failure to credit does not eliminate royalty obligations.

11. CLIENT WARRANTIES & INDEMNITY

Client warrants that all materials supplied are owned or controlled by Client.
Client indemnifies Kong Studios against claims arising from third-party infringement.

12. NO GUARANTEE OF COMMERCIAL SUCCESS

Kong Studios makes no guarantee regarding:

  • Streaming performance

  • Chart placement

  • Label acquisition

  • Financial return

  • Viral success

Creative services are subjective and commercial performance is unpredictable.

13. FILE RETENTION

Project files are stored for 30 days after delivery.
Long-term archiving is the Client’s responsibility.

14. CHARGEBACKS & PAYMENT DISPUTES

Initiating a chargeback after delivery or commencement constitutes material breach.
Kong Studios reserves the right to pursue recovery of fees, legal costs, and damages.

15. MORAL RIGHTS

Kong Studios retains the right to be credited where applicable and to object to derogatory treatment of its production work under applicable copyright law.

16. AI, DERIVATIVE USE & STEM EXPLOITATION

16.1 Stems may not be resold, licensed separately, or used to train AI systems without written consent.
16.2 Derivative works remain subject to royalty participation where based on the original Master.

17. BREACH & TERMINATION

17.1 Either party may provide written notice of breach.
17.2 Breaching party has fourteen (14) days to cure.
17.3 Failure to cure permits legal enforcement of rights.

Royalty and publishing rights survive termination.

18. LIMITATION OF LIABILITY

Maximum liability shall not exceed the total service fee paid.
Kong Studios is not liable for indirect or consequential losses.

19. FORCE MAJEURE

Kong Studios is not liable for delays caused by illness, equipment failure, natural events, or circumstances beyond reasonable control.

20. NO PARTNERSHIP

Nothing in this Agreement creates a partnership, joint venture, employment, or fiduciary relationship.

21. DISPUTE RESOLUTION

Parties agree to attempt mediation before litigation.
English courts retain exclusive jurisdiction.
Prevailing party may recover reasonable legal costs.

22. CONFIDENTIALITY

Unreleased material shall remain confidential unless agreed otherwise.
Kong Studios may use completed works for portfolio purposes unless restricted in writing.

23. FAILURE TO COMPLY & REMEDIES

24.1 Failure by Client to comply with any provision of this Agreement, including royalty reporting, payment, credit obligations, or protection of rights in third-party agreements, constitutes material breach.

24.2 In the event of material breach, Kong Studios reserves the right to pursue all remedies available under law, including but not limited to recovery of unpaid sums, statutory interest, legal costs, damages, and injunctive relief.

24.3 Enforcement of any right under this Agreement does not waive any other rights or remedies available.

24.4 Royalty and publishing rights survive any breach, termination, assignment, or attempted circumvention.

24. ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties unless supplemented by a written addendum signed by both parties.