This contract (hereinafter referred to as the "Agreement") executed and effective this _______ day of ___________, 20___, by and between ___________________(Artist) (hereinafter referred to as the "Artist") and Donald W. Mohr (hereinafter referred to as the "Company"):
IT IS HEREBY UNDERSTOOD
a. Company is an organization, which specializes in the recording, recording distribution and representation of musical artists;
b. 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:
1. The term of this Agreement shall commence with its execution by all of the parties, and shall continue thereafter for a period of one year after the album is made commercially available for sale excluding any offerings for pre-sale.
2. The Company reserves the right to extend this contract to a second album with the same terms if exercised within 365 days of the Album being made commercially available excluding pre-sale offerings.
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 fully 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 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, distribution, and marketing of the recording. Company may recover such receipted expenses when Artist has agreed prior to the costs being induced. Company's production, promotion, manufacturing and all other bonafide expenses relating to Artist are deemed recoupable from gross income.
4. ARTISTIC CONTENT. Company shall be responsible for all decisions regarding the artistic content of the Recording. The Artist is encouraged to contribute in a manner that is productive to the recording and time shall be made available for Artist to convey any concerns.
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 Manor Texas, commencing on ___________ (Date) and ending when the Company has deemed the result complete and ready for commercial offering to the public.
6. ADDITIONAL MUSICIANS. Company shall provide and compensate sufficient and competent musicians to properly perform the Songs, as arranged and directed by Artist and Company. Company may recover such costs pursuant to Section B3. herein with written approval, including email, from Artist.
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 __________ (Date). 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. If the Recording is deemed to not be technically and commercially satisfactory in quality, Company will not release Recording commercially until it has been deemed to be technically and commercially acceptable by Company.
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. Artist's performance of the Songs contained in the Recording,
b. The title of the Recording.
The Company shall own these rights into perpetuity.
Artist shall license to the Company all of his/her rights, title and interest in and to the songs recorded on the Album, for distribution and commercial exploitation in the United States and Canada, for the duration of the Agreement.
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’s name), and the Artist's photographic image, in the promotion and distribution of the Recording. Artist also grants to the Company access to all public forms of social media, including but not limited to Facebook, YouTube, Myspace, and any established websites on which the Artist may or may not have a presence. Artist may be required to make updates to the content of this social media no more than three (3) times per day at the discretion of the Company.
11. COPYRIGHT. Upon Artist's assignment of the Songs pursuant to Section B.9. herein, Company shall proceed to obtain and secure a copyright for each recording of the said Songs. Each such
copyright shall be the sole property of the Company. It is the Artist's responsibility to copyright the music and lyrics.
12. 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.
13. 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 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:
Fifty Percent (50%) to Company
Fifty Percent (50%) to Artist
Royalties due Artist hereunder shall be delivered by Company to Artist within thirty (30) days from the Company's receipt thereof. This is all-inclusive and shall include mechanical royalties for the licensing of the music and lyrics.
Artist is responsible for tracking sales at shows and providing Company with an accounting of and payment from such sales within seven (7) days of the date of sale.
14. MARKETING. Any money spent on marketing by the Company, including but not limited to merchandise and promotional events, is one hundred percent (100%) recoupable by the Company with prior agreement from Artist in writing, including email. Artist can refuse any marketing, regardless of cost, with 14 days written notice, including email, to Company.
Artist may be asked by Company to perform on other albums during the duration of the Agreement as a promotional event.
15. Performing Rights Organization MEMBERSHIP. Within a reasonable time after the execution of this Agreement, Artist shall apply for registration and membership with Broadcast Music Inc. (BMI), or ASCAP. Artist shall be responsible for any cost or expense associated with such application or with the Artist's membership in BMI/ASCAP during the term of this Agreement and the Distribution Period.
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 on a non-exclusive basis, but Artist shall have the right of prior approval of the location, date and time of each such performance. Artist shall be responsible for travel, hotel and meal costs incurred by Artist in attending each such performance, Artist shall be paid all of the net revenues received by Company for such performances excluding album and merchandise sales. Such compensation shall be received by Artist within thirty (30) days from Company's receipt thereof. Company may recover such costs pursuant to Section B3. herein.
18. ASSIGNMENT BY COMPANY. Prior to and after completion of the Recording, the rights and obligations of the Company existing hereunder are personal and unique, and may be assigned without the prior written consent of Artist at the discretion of the Company. Any terms after reassignment shall be negotiated between the Artist and the Assignee at that time.
19. 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 the Company.
20. RIGHT OF INSPECTION. At any time during the term of this Agreement upon prior written notice to Company of at least thirty (30) 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.
a) BINDING EFFECT. This Agreement shall be binding upon the successors and assigns of the parties.
b) JURISDICTION/APPLICABLE LAW. Company and Artist hereby submit to the jurisdiction of the courts of Texas for the enforcement of this Agreement. This Agreement shall be enforced or construed according to the laws of the State of Texas.
c) 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.
d) COVENANT OF GOOD FAITH AND FAIR DEALING. Company and Artist agree to perform their obligations under this Agreement, in all respects, in good faith.
e) INDEPENDENT CONTRACTOR. In the performance of his/her obligations of this Agreement, Artist shall be deemed an independent contractor.
f) INCORPORATION OF RECITALS. The recitals contained at the beginning of this Agreement are incorporated herein by this reference
22. 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.
___________________________ ____________________________ ___________________