CONTRACT FOR THE PRODUCTION OF AN AUDIOBOOK – REVISED

 

THIS CONTRACT IS MADE ON THIS 21ST DAY OF FEBRUARY, 2021

 

BETWEEN 

HEATHER …………. 

[Address]

[Email]

 

-AND-

PROGRESSIVE ENTERPRISE SOUND STUDIOS 

[Address]

[Email]

 

CONTRACT FOR THE PRODUCTION OF AN AUDIO VERSION FOR THE BOOK TITLED; WHEN THERAPY ISN’T ENOUGH: SEEKING DIVINE INTERVENTION”

 

 

CONTRACT FOR THE PRODUCTION OF AN AUDIO VERSION FOR THE BOOK TITLED; WHEN THERAPY ISN’T ENOUGH: SEEKING DIVINE INTERVENTION”

 

THIS CONTRACT (the “Contract”) is made and entered into on…………day of……………Two Thousand and Twenty-One (2021)

BETWEEN;

HEATHER ………., a self-published author, copyright holder and narrator of her book titled, “When Therapy isn’t enough: Seeking Divine Intervention” whose address is [insert address] of the one part hereinafter referred to as “The Author” 

AND

PROGRESSIVE ENTERPRISE SOUND STUDIOS, a recording, producing and engineering company with expertise in audiobook production and which in this context is recording and producing the author’s audiobook. The address for this party is ……… and shall hereafter be referred to as “The Producer”. 

 

RECITALS 

  1. The Author is the copyright holder of her book, “When Therapy isn’t enough: Seeking Divine Intervention” and has contracted the Producer to bring to fruition the production of the audio version of the aforementioned book. 
  2. The Author will pay for this particular service, through her donor, whose details are well within the parties’ knowledge and which will be further elaborated in this contract. 
  3. The Producer is agreeable to recording and producing the audiobook and will endeavor to bring out excellence in quality while undertaking the task. 
  4. In producing the audiobook, the producer will not retain any rights whatsoever and the amount advanced in payment will be considered full and final payment for the service. 
  5. The parties have agreed to be bound by the terms of this written contract as well as the terms discussed prior orally, which oral terms align with this contract.

 

NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained herein, the sufficiency of which is hereby acknowledged, IT IS HEREBY AGREED AS FOLLOWS: 

 

  • DEFINITIONS AND INTERPRETATION
  1. In this Contract, except to the extent expressly provided otherwise:

“Contract” means this Contract, and any amendments to this contract from time to time;

“Effective Date” means the date of execution of this Contract;

“Intellectual Property Rights” means the Author’s copyrights and copyright applications, including any renewals, in any country; trade secrets or any data or information which provides value or a competitive advantage to the Author and/or any privacy, publicity or other personal right of the Author. 

“Proprietary or Confidential Information” includes, without limitation, (i) written or oral contracts, business methods, business policies, computer retained information, notes, or financial information among other related documents. 

  1. Any annexures or schedules to this contract shall form an integral part of and be construed in accordance with this contract.
  2. Reference to any Party hereto shall, where the context admits, be deemed to include, as appropriate, its permitted successors, personal representatives or assigns.
  3. The headings in this contract are included for convenience only and shall not affect the interpretation or construction of this contract.
  4. Words denoting the singular shall include the plural and vice versa.
  5. Words denoting any gender shall include a reference to each other gender.

 

  • TERMS GUIDING THE PRODUCTION OF THE AUDIOBOOK  
  1. As aforementioned, the Author is self-published and the entire copyright holder of her book seeking to produce an audio version of the said book.  

 

  1. The production of the audiobook began on 2nd February 2021, guided by an oral agreement between the Author and the Producer, which terms align with this written contract. The parties herein have agreed that the terms of the oral agreement form part of this contract and shall be fully binding. 

 

  1. The Author shall retain all rights relating to her book even after the production of the audio version of the book. For avoidance of doubt, the Producer shall not have any copyright to the audiobook during or after the production of the same.  

 

  1. The Author shall narrate her book with the guidance and expertise of the Producer. The Producer shall however consider the Author’s views and suggestions with the intention of creating the best audiobook. 

 

  1. Upon the completion of the audiobook, the Author shall be entitled to distribute the book freely in any way she desires and receive all royalties.   For avoidance of doubt, the Producer shall not be entitled to any royalties resultant from the sale and/or distribution of the audiobook. 

 

  1. The Producer shall not at any time distribute the audiobook without the express consent of the Author in writing, which consent shall be sought each time the Producer wishes to distribute the Author’s work. 

 

  1. The Producer has expressed interest in putting up a clip on Sound Cloud. Whereas the Author does not have any objection to the uploading of the said clip, the clip must not exceed five minutes of the audiobook. If the clip exceeds five minutes, the Producer must seek written consent from the Author failure to which will result to breach of a fundamental term of the contract.  

 

  1. The Producer shall be obligated to avail the files that the author may request pertaining to the audiobook in the requested format. Both parties agree that the Author owns the files to the audiobook infinitely. 

 

  • CONSIDERATION 
  • The Producer’s cost has been agreed at USD 50 per hour which amount shall be paid by the Author’s donor, Jay Miranda. The Producer has direct access to the donor and is well able to make a requisition for payment as well as account for funds that may be paid in advance. 
  • The Donor’s sole responsibility shall be to finance the recording and production of the audiobook. The Donor shall not acquire any intellectual rights in the audiobook neither shall they accrue any other liability beyond financing the production of the audiobook. 
  • This amount in the sum of USD 50 per hour is the only amount that shall be payable. The total amount shall be determined by the number of hours that the parties will spend in bringing the audiobook to completion. 
      1. The mode of payment shall be determined by the Producer and the donor while considering the most convenient and effective way. 
  • INTELLECTUAL PROPERTY

Nothing in this contract shall enable or permit the Producer to acquire any equity or propriety right, title, exclusive rights or interest in or to any of the Author’s  Intellectual property.  

  • CONFIDENTIALITY AND NON-DISCLOSURE 
    1. The Parties shall maintain the confidentiality of all the confidential affairs and/or information of each other and shall not disclose such information to a third party without the express consent of that party. 
    2. Each party’s Proprietary or Confidential Information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this contract, the non-disclosing party may be entitled to equitable relief. 

 

  • TERM AND TERMINATION

This contract shall come into force and effect on the Effective Date and shall remain effective for as long as the audiobook is existent and in circulation unless parties otherwise agree to fundamentally alter the terms herein. 

 

  • FORCE MAJEURE 
    1. In this Section “Force Majeure” shall mean any event beyond the reasonable control of the Parties, and which is unavoidable notwithstanding the reasonable care of the party affected, and shall include but not be limited to war, insurrection, riot, civil unrest, sabotage, boycott, embargo, explosion, fire, earthquake, flood, unavoidable accident, epidemic, act of God, action or inaction of any governmental official or agency (civil or military) and refusal of any licences or permits, if properly applied for.
    2. If either Party is prevented from or delayed in performing any of its obligations under this contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event.
    3. The Party who has given such notice shall be excused from the performance or punctual performance of its obligations under this contract for so long as the relevant event of Force Majeure continues and to the extent that such Party’s performance is prevented or delayed. The occurrence of any event of Force Majeure affecting either party shall not give rise to any claim for damages or additional costs and expenses suffered or incurred by reason of Force Majeure.

 

  • SEVERABILITY OF PROVISIONS
  • If any provision or part-provision of this contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause shall not affect the validity and enforceability of the rest of this contract. 
  • If one Party gives notice to the other of the possibility that any provision or part-provision of this contract is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.


  • WAIVER
    1. Failure by either party to enforce any provision of this contract will not constitute a waiver or affect its right to require the future performances thereof, nor will its waiver of any breach of any provision of this contract constitute a waiver of any subsequent breach or nullify the effectiveness of any provision.  
    2. No waiver will be binding unless made in writing and signed by the party making the waiver and specifically stating that it waives a provision of this Agreement.  

 

  • GOVERNING LAW AND DISPUTE RESOLUTION 
      1. This Contract shall be governed by and construed in accordance with the laws and regulations of the United States of America. 
      2. Any dispute arising out of or in connection with this Contract shall be settled amicably by the parties in good faith by whatever means the parties deem appropriate. If the parties cannot themselves resolve any such dispute between them within 30 days from the time the dispute arose, initial resort shall be had to private conciliation or mediation in a form agreed by the parties. If within sixty (60) days after the dispute has arisen a satisfactory private conciliation or mediation process has not been agreed upon by the parties, or if within ninety (90) days after the dispute has been submitted for private conciliation or mediation it has not been resolved to the satisfaction of the parties, then the dispute may be submitted for final and conclusive resolution to the court. 
  • NON-ASSIGNMENT 

Neither this contract nor any rights or obligations hereunder shall be assigned by either party hereto (other than by operation by law) without the prior written consent of the owner. 

  • ENTIRE CONTRACT
    1. This contract considered together with the oral agreement made by the parties herein constitute the entire understanding and agreement between the Parties. This contract may not be modified except in a writing signed by the Parties and expressly referencing this contract. 
    2. This contract may not be amended or modified except by a written instrument signed by both parties and identified as an amendment to this contract. 

 

IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed in duplicate, each of which shall be considered an original, by themselves/respective signatory officials thereunto duly authorized as of the day and year first above written.

 

Signed by or on behalf of:

 

HEATHER ………………….. PROGRESSIVE ENTERPRISE SOUND STUDIOS 
Signatory’s Full Name:
Company Name:
E-mail:
Signature:
Company Stamp:

 

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