EXTOL RECORDS
EXTOL RECORDS OFFICIAL RELEASE TERMS AND CONDITIONS
THE ARTIST / REMIXER
Artist, Name: ___________________________
Project, Name: _____________________
Address:
City/State:
Country:
Email:
PayPal:
TRACKS
THIS AGREEMENT is made on the …………..day of………….20……., (hereinafter, “Effective
Date”) entered into by the LABEL of ____________________________address, and the
ARTIST/REMIXER. LABEL and collectively referred to as the “Parties” or individually as the
“Party”) and includes that Party’s successors and assigns. Parties agree to the following terms and
conditions and to be bound thereby:
1) Terms of contract
By signing this contract, the ARTIST / REMIXER is granting the LABEL the exclusive right
to publish and release the track(s) listed on the first page by the following methods:
digital/physical reproduction, digital/physical distribution, public display/performance, and
virtual/radio broadcast. The ARTIST/REMIXER also grants the LABEL the right to place
the track(s) sale in selected stores of digital music. Those stores being:
Beatport.com,
Junodownload.com,
Other __________(insert name, if any)
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2) Contract Duration and Termination
This Agreement shall be effective from the effective until termination.
Either party may terminate this Agreement, upon giving the other party notice written
notice. Any notice delivered by email shall request a receipt thereof confirmed by email
or in writing by the recipient, and the effective date of such notice shall be the date of
receipt, provided such receipt has been confirmed by the recipient.
Following termination of this contract, the LABEL will request the distributor to remove
the subject content
Once the ARTIST/REMIXER has sent the termination email, they (select one)
☐ Can reupload the subject track(s) to all platforms
☐ Cannot reupload the subject track(s) to all platforms
Due to breach of this agreement, a party may request the removal of songs or complete
albums in writing. The LABEL has two (2) months to meet the request, but may do so
immediately in case the song or album has copyright or other intellectual property issues.
The ARTIST/ REMIXER understands that the shops are in charge of approving or
denying content; this is not the LABEL’ mandate.
Extol Records has signed a contract with distributor Distrokid. If the distributor or shop
chooses not to renew or terminate the said agreement between Extol Records and
DISTROKID, this contract will also be automatically canceled with notice to the
ARTIST / REMIXER. If this occurs the payments and report sales will be sent only
when the LABEL receives them from the distributor.
3) Obligation of the ARTIST / REMIXER
The ARTIST / REMIXER has no employment with the LABEL;
Songs and albums listed on page one herein are released by LABEL exclusively, the ARTIST /
REMIXER cannot launch on other record labels;
The ARTIST / REMIXER can launch other tracks and albums at any time and work with other
Labels;
The ARTIST / REMIXER grants the LABEL the right to announce and publish the songs and
albums listed on page one herein, as well as rights to use image and biography of the
ARTIST / REMIXER;
The ARTIST / REMIXER is not required to use the name of LABEL in festivals and events;
The responsibility of resolving copyright and similar issues caused by all loop, samples, and
vocals used in the above work is that of the ARTIST/REMIXER;
THE ARTIST / remixer must provide accurate and complete information when requested. The
ARTIST/REMIXER will send the music files in the following standards:
__________________________________________.The LABEL will not
change any content in the stores after upload.
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4) Obligation of the LABEL
The LABEL is not responsible for any materials that the ARTIST / REMIXER has
launched, published and distributed by other labels and other companies;
The LABEL may launch in cd or vinyl format the songs that are under their label after
negotiation with ARTIST / REMIXER;
It is the duty of the LABEL to generate and administer the UPC and ISRC codes which will be
provided to the ARTIST/REMIXER.
5) Payment
The LABEL will pay the ARTIST / REMIXER values regarding net sales, so the payments
will be divided as follows:
Releases without remix:
Artist: 80%
Label: 20%
Releases with remix:
Artist: 40.%
Remixer: 40.%
Label: 20.%
Payments off websites e.g beatport: ______________________________
Payment of CD/Vinyl prints: _____________________________________
The payments only will be sent via PAYPAL. In the event that there is difficulty in using
PAYPAL, LABEL shall notify the ARTIST/REMIXER within 24 hours of any alternative
payment venue;
The submission of reports sales and payments will be made as follows: – The report sales will only
be sent if the total receivables are more than 50 US Dollars; The sales report will be sent 1 month
after the end of each quarter; It will only be paid if the total receivables are more than 50 US
Dollars; and Reports will be sent only when requested by the ARTIST/REMIXER.
- Quarter = Q1-JAN-MAR / Q2-APR-JUN / Q3-JUL-SEP / Q4-OCT-DEC
6) Licensing for other labels
Following the release date, the LABEL may authorize the release of the ARTIST/REMIXER’S
music on compilations made by other labels (partners). If this occurs you will receive an email
notice and sales related to such entries will be displayed in our sales statements, where any
contact should be done only and exclusively with us (Extol Records).
Label partners herein has been used to refer to
_________________________________________________(name the partners)
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7) Confidentiality
All non-public, confidential, or proprietary information of a Party (Disclosing Party), whether
disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether
or not marked, designated or otherwise identified as “confidential” in connection with this Contract
is confidential, solely for the use of performing this Contract and may not be disclosed or copied
unless authorized in advance by the Disclosing Party in writing. Upon the Disclosing Party’s
request, the other Party (Recipient Party) shall promptly return all documents and other
confidential materials received from Disclosing Party. Disclosing Party shall be entitled to
injunctive relief for any violation of this Section. This Section does not apply to information that is:
(a) in the public domain; (b) known to Recipient Party at the time of disclosure, or (c) rightfully
obtained by Recipient Party on a non-confidential basis from a third party.
8) Marketing
The marketing of any product launch is the responsibility of both parties.
9) Dispute Resolution
Parties agree to settle disputes under this Agreement through Negotiation.
10) Indemnification. The ARTIST/REMIXER agrees to indemnify, hold harmless and
defend the LABEL and its directors, officers, employees, and agents from and against
any incidental, consequential, indirect or special damages, or for any loss of profits or
business interruptions caused or alleged to have been caused by the performance or
nonperformance of the services.
11) Force Majeure. For this Agreement, “Force Majeure” means an event which a diligent
party could not have reasonably avoided in the circumstances, which is beyond the
control of a party and includes, but is not limited to, war, riots, civil disorder, earthquake,
storm, flood or adverse weather conditions, strikes, lockouts or other industrial action,
terrorist acts, confiscation or any other action by government agencies. A Party’s failure
to fulfill its obligations due to Force Majeure shall not be considered a breach of this
Agreement, provided that the Party has taken all reasonable precautions, due care,
reasonable alternative measures, and minimal delay all to carry out the terms of this
Agreement.
12) Drafting Responsibility. Neither party shall be held to a higher standard than the other
party in the interpretation or enforcement of this Contract as a whole or any portion
hereof based on drafting responsibility.
13) General Provisions
This Agreement may be amended only by the written consent of the parties hereto. If any provision
is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other
provision. This Agreement constitutes the entire agreement between the parties. It supersedes all
prior oral or written agreements or understandings between the parties concerning the subject
matter of this Agreement. The parties will exercise utmost good faith in this Agreement. Except
where otherwise provided, failure by either party to enforce any of these
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terms or conditions shall not be a waiver of their right to enforce them. No waiver by a party of
any breach of, or of compliance with, any condition or provision of this Agreement by the other
party shall be considered a waiver of any other condition or provision or of the same condition
or provision at another time. This Agreement may be executed in any number of counterparts,
each of which shall be an original and all of which constitute the same instrument.
The Article and Section headings in this Agreement are for convenience, and they form in no
part of this Agreement and shall not affect its interpretation. Whenever used herein, the
singular number shall include the plural, and the plural number shall include the singular. Any
references herein to the masculine gender or the masculine form of any noun, adjective, or
possessive shall be construed to include the feminine or neuter gender and form, and vice
versa. This Agreement shall be governed in all respects by the laws of
___________________state, and its Courts without regard to its conflict of law provisions.
Any notice required to be given between the Parties pursuant to the provisions of this
Agreement shall be in writing and shall be deemed duly given:
(i) if delivered by hand and receipted for by the party addressee, on the date of such
receipt,
(ii) (ii) if mailed by domestic certified or registered mail with postage prepaid, on the
third business day after the date postmarked, or
(iii) sent by email.
at the above-mentioned addresses or such changed address as the Party shall have specified by
written notice, provided that any notice of change of address shall be effective only upon actual
receipt.
Any notice delivered by email shall request a receipt thereof confirmed by email or in writing
by the recipient, and the effective date of such notice shall be the date of receipt, provided such
receipt has been confirmed by the recipient.
IN WITNESS WHEREOF, each of the Parties has executed this agreement, as of the day and
year set forth below.
Signed by the duly authorized representative
of the LABEL
Signature:
Name: …………………………………………
Designation: ……………………………………
Date: …………………………………………….
Signed by the ARTIST/REMIXER
Signature:
Name: …………………………………………
Date:
…………………………………………….
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