| This contract between YOUR RECORD COMPANY's NAME HERE
hereinafter referred to as the "Agreement") executed and effective this
_______ day of ___________, 20___, by and between
___________________(Artist) (hereinafter referred to as the "Artist")
and _________________________(Company) (hereinafter referred to as the
"Company"):
IT IS HEREBY UNDERSTOOD
a. Company is an organization, which specializes in the management,
recording, recording distribution and representation of musical artists;
b. Company is familiar with the musical abilities of Artist and has
the expertise, ability, industry contacts and resources to assist Artist
in the furtherance of his/her career.
c. Artist performs under the name "(Artist's Stage Name)";
d. Company and Artist wish to enter into this Agreement to provide
for the production and distribution of the Recording.
IT IS, THEREFORE, AGREED AS FOLLOWS:
A. TERM. The effectiveness of this Agreement shall
commence with its execution by all of the parties, and shall continue
thereafter for a period of _________ (#) years.
B. PRODUCTION OF RECORDING. The Recording shall be
produced in the following manner:
1. PRODUCTION. Company agrees to produce one master
recording consisting of songs written and performed by Artist
(hereinafter referred to as the "Songs". The resulting recording
(hereinafter referred to as the "Recording") shall include music of not
less than forty (40) minutes in playing duration, and shall be of a
quality which is equal to master recordings normally produced for
commercial distribution.
2. CONTRIBUTION BY ARTIST. Artist agrees to full
cooperate with the Company, in good faith, in the production of the
Recording; to contribute to such production the music and lyrics
embodied in the Songs; to arrange, direct and perform the Songs in such
a manner as to facilitate the production of the Recording; and to
otherwise strictly observe the remaining duties and obligations of this
Agreement.
3. COSTS. Company shall be responsible for all costs
incurred in the production of the Recording, including the prepayment of
all travel, hotel and meal costs incurred by Artist in attending the
recording sessions referenced in Section B.5 herein. Company may recover
such receipted expenses pursuant to the production of master recordings
or the advancement of the Artist's career. Company's production,
promotion, manufacturing and all other bonafide expenses relating to
Artist are deemed recoupable from gross income.
4. ARTISTIC CONTROL. Company and Artist shall be
jointly responsible for all decisions regarding the artistic content of
the Recording.
5. DATES AND LOCATION OF RECORDING SESSIONS. The
recording sessions necessary to produce the Recording shall occur at
studios and facilities chosen by Company in _____________(city)
_________________(State), commencing on ____________, 20___ and ending
on ____________, 20___.
6. ADDITIONAL MUSICIANS. Company shall provide and
compensate sufficient and competent musicians to properly perform the
Songs, as arranged and directed by Artist and Producer. Company may
recover such costs pursuant to Section B3. herein.
7. TITLE. The title of the Recording shall be chosen
by agreement between the Company and the Artist.
8. COMPLETION AND RELEASE. The Recording shall be
completed and prepared for release and distribution on or before
___________, 20____. Company and Artist acknowledge that time is of the
essence in the completion of the Recording, and each agree to exercise
all reasonable means to achieve such completion.
9. ASSIGNMENT OF EXCLUSIVE RIGHTS BY ARTIST. Upon
the timely occurrence and performance of all material events and
obligations required to produce the Recording, Artist shall assign to
the Company all of his/her rights, title, and interest in and to the
following property, for distribution and commercial exploitation in the
United States and Canada:
a. The Songs,
b. Artist's performance of the Songs contained in the Recording,
c. The title of the Recording.
10. LICENSE FOR USE OF NAME AND IMAGE. Upon the
timely occurrence and performance of all material events and obligations
required to produce the Recording, Artist shall grant to the Company the
exclusive license to use the name " ____________________(Artist)__", and
the Artist's photographic image, in the promotion and distribution of
the Recording.
11. FORM OF ASSIGNMENT AND LICENSE DOCUMENTS. The
form of documents to be executed by Artist, pursuant to Section C. and
D. herein shall be identical to the "Assignments" and "License"
respectively attached hereto as Exhibits "C" and "D", and incorporated
herein by this reference.
12. COPYRIGHT. Upon Artist's assignment of the Songs
pursuant to Section C. herein, Company shall proceed to obtain and
secure a copyright for each of the said Songs. Each such
copyright shall be the sole property of the Company.
13. DISTRIBUTION. Commencing with the completion of
the Recording and continuing for the term of this Agreement, Company
will diligently use its best efforts to secure distribution of the
Recording throughout the world, through one or more major distribution
companies (including record companies, film companies, or any other
company). Any such contract entered into between Company and any such
record distribution company shall be subject to the terms of this
Agreement.
14. ROYALTIES. In accordance with the rights granted
by Artist to Company herein,
Company intends to contract with a record distribution company for
distribution of the Recording. Company will be entitled to receive
royalties or licensing fees (herein collectively referred
to as the "Royalties") as a result of such contract. Royalties shall
include any compensation received by Company, or promised to Company,
which directly or indirectly results from the use,
exploitation or existence of the Recording, or any reproduction
applied to satisfy costs incurred and paid by Company pursuant to
Sections B.3,and B.6, herein. In the event that Royalties
are insufficient to complete such reimbursement, Artist shall not be
liable for such costs. The remainder of such Royalties, if any, shall be
allocated and distributed between Company and
Artist, in the following proportion:
__________________________________
( %) Percent to Company
__________________________________
( %) Percent to Artist
Royalties due Artist hereunder shall be delivered by Company to
Artist within fifteen working days from the Company's receipt thereof.
15. B.M.I. MEMBERSHIP. Within a reasonable time
after the execution of this Agreement, Artist shall apply for
registration and membership with Broadcast Music Inc. (BMI), a music
licensing organization. Company shall be responsible for any cost or
expense associated with such application or with the Artist's membership
in BMI during the term of this Agreement and the Distribution Period.
Company may recover such costs pursuant to Section B#. herein.
16. NON-CIRCUMVENTION. Artist shall not
detrimentally interfere with the efforts of Company to distribute the
Recording through one or more distribution companies or enter into any
contract inconsistent with the rights of distribution assigned to
Company hereunder. Artist shall not contact any such potential
distribution company except through the offices of the Company.
17. ADDITIONAL PERSONAL SERVICES. For the term of
this Agreement, Artist agrees to appear at one or more performances to
promote the distribution of the Recording. Company shall schedule and
arrange such performances, but Artist shall have the right of prior
approval of the location, date and time of each such performance. The
total number of performances during the term of this Agreement shall not
exceed ___________________. Company shall be responsible for travel,
hotel and meal costs incurred by Artist in attending each such
performance, Artist shall be paid one-half (1/2) of the net revenues
received by Company for such performances. Such compensation shall be
received by Artist within fifteen (15) days from Company's receipt
thereof. Company may recover such costs (including travel costs and
compensation paid to Artist) pursuant to Section B3. herein.
18. OPTION TO PURCHASE. At any time during the term
of this Agreement or thereafter, at Artist's option, Artist may purchase
all rights assigned and/or granted to Company hereunder or resulting to
Company herefrom (including rights of copyright to any and all of the
Songs) for the total sum of:
a. ___________________________, plus;
b. Any receipted costs expended by Company hereunder, but reimbursed,
as of the date of exercise of such option to purchase, plus;
c. _______ Percent ( %) of the gross revenues generated thereafter
from the Recording.
Exercise of the option shall be accomplished by the delivery of such
amount, in cash or certified funds, to Company or its express designee.
In the event of such exercise, Company shall promptly execute all
documents reasonably necessary to effectuate such transaction. If and
upon the exercise of such option, the obligations undertaken by the
parties herein shall be exercised.
19. ASSIGNMENT BY COMPANY. Prior to completion of
the Recording, the rights and obligations of the Company existing
hereunder are personal and unique, and shall not be assigned without the
prior written consent of Artist. Subsequent to the completion of the
Recording, Company may assign its rights and obligations existing
hereunder without the consent of Artist.
20. ASSIGNMENT BY ARTIST. The rights and obligations
of Artist existing hereunder are personal and unique, and shall not be
assigned without prior written consent of Company,
21. CONDITION SUBSEQUENT. If Company does not enter
into a binding contract for the distribution of the Recording during the
Distribution Period, the assignment and license from Artist to Company
granted pursuant to Sections C. and D. hereunder shall be deemed
rescinded by the agreement of the parties.
22. RIGHT OF INSPECTION. At any time during the term
of this Agreement upon prior written notice to Company of at least seven
(7) days, Artist or his/her designated representative shall be permitted
unrestricted access to the books and records of Company which in any way
pertain to Artist, for inspection and photocopying by Artist or Artist's
designated representative.
Such books and records shall include, but shall not be limited to,
any documents or records which evidence the receipt or disbursements of
Royalties. Company shall maintain such books and records at its
principal office.
23. MISCELLANEOUS.
a) BINDING EFFECT. This Agreement shall be binding
upon the successors and assigns of the parties.
b) ARBITRATION. In the event of a dispute between
Company and Artist regarding the terms, construction or performance of
this Agreement, such dispute shall be settled by binding arbitration in
______________(city, state)________________, according to the rules of
the American Arbitration Association for the settlement of commercial
disputes, then in effect.The award or decision resulting therefrom shall
be subject to immediate enforcement in a _________________(state) court
of competent jurisdiction.
c) JURISDICTION/APPLICABLE LAW. Company and Artist
hereby submit to the jurisdiction of the courts of
_________________(state) for the enforcement of this Agreement or any
arbitration award or decision arising herefrom. This Agreement shall be
enforced or construed according to the laws of the State of ___________.
d) ATTORNEY'S FEES. In the event that a party is
forced to obtain an attorney to enforce the terms of this Agreement, the
party prevailing in such action of enforcement shall be entitled to the
recovery of attorney's fees incurred in such action.
e) COVENANT OF GOOD FAITH AND FAIR DEALING.
Company
and Artist agree to perform their obligations under this Agreement, in
all respects, in good faith.
f) INDEPENDENT CONTRACTOR. In the performance of
his/her obligations of this Agreement, Artist shall be deemed an
independent contractor.
g) INCORPORATION OF RECITALS.
The recitals contained
at the beginning of this Agreement are incorporated herein by this
reference
24. NOTICES. Any notices or delivery required herein
shall be deemed completed when hand-delivered, delivered by agent,or
placed in the U.S. Mail, postage prepaid, to the parties at the
addresses listed herein.
THE PARTIES AGREE to the terms and obligations and
so execute on the day and date first above mentioned.
______________________________
Artist Company
______________________________
Company
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