MUSIC RECORDING AGREEMENT
This Music Recording Agreement (hereinafter “Agreement”) is made effective as of _________________________ by and between the following parties:
Purgatory Entertainment hereinafter referred to as the “Company” or “Recording Label” having an address at the following _______________________
AND
________________________ hereinafter referred to as “Artist”, having an address at the following: ____________________________.
Company and Artist may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, Artist is engaged in the field of music and music production and is known publicly as __________________
WHEREAS, Company is in the business of producing Music Recordings, including the distribution, manufacturing, and sale of such Music Recordings:
WHEREAS, Artist wishes to engage Company to produce Music Recordings for Artist;
WHEREAS, Company wishes to produce such Music Recordings, as defined further below
NOW, THEREFORE, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows:
- TERM
This Agreement between the Artist and the Company shall be effective for _________months. However, both Parties can extend the term until the Music Recordings produced for Artist are complete, including manufacturing, marketing, and distribution.
The Music Recording for the Artist shall be defined as any original and previously unrecorded musical Work, music video, song lyrics, or musical compositions that Artist provides for recording to the Company.
- PRODUCTION
The Music Recordings produced from works submitted by Artist are subject to final approval or rejection by the Company. Artist agrees that these recordings will be original and previously unrecorded. Artist and Company also agree that these recordings will be sold and reproduced under the Purgatory Entertainment Label.
During the Term of this Agreement, and using the Music Recordings that the Artist records with the Company, Company agrees to produce, distribute, promote, and sell the Artist’s Music. The Company will be in charge of final approval of the quality of Music Recordings, including ensuring that the Music Recordings are technically appropriate for commercial production and distribution.
Artist agrees to re-record any audio works that the Company deems not fit for production.
Artist agrees to collaborate with the Company on all creative endeavors, musical works, titles, and designs.
Artist agrees not to show clips of his song without the permission of the Company.
Artist agrees not to advertise and/or involve himself in any illegality on or off social media.
Artist acknowledges and agrees that musical works the Artist is legally prohibited from Recording will not be approved or considered completed Musical Works by the Company.
- EXCLUSIVITY
During the Term of this Agreement, the Artist will provide services as a recording artist exclusively for the Company within the territory, and the Artist will not provide services as a recording artist for any other entity whatsoever. In the capacity of a recording artist, the Artist will perform services at reasonable times and places designated by the Company, and such services will include but not limited to, rehearsing, recording and editing with the purpose of making a commercially viable Recording.
- STUDIO DETAILS AND RELEASE
Artist will record at the following studio: _____________________
Artist will be permitted to record during the following dates and times: ____________________
The Recording will be completed and prepared for release and distribution on or before _________________________
- ASSIGNMENT AND COPYRIGHT
All rights are reserved to Purgatory Entertainment. Artist will assign all rights, titles, and interests in and to the Music Recordings and the Work to the Company at the completion of each item, respectively, so that Company may distribute and commercially exploit the Work. Artist waives the benefits of any moral rights as against the Company, but retains the right to be identified as the author of any Music Recordings included within the Work.
The Company shall have the right to apply copyright protection in the Music Recordings and the Work.
- LICENSE
Artist grants a perpetual license to the Company to use Artist’s name and biographical information for the marketing of the Work as well as to manufacture and distribute Artist’s Work in conjunction with the works of other artists.
- FEES AND COSTS
Costs. Company will pay for all costs that, by industry standards, relate to the Recording and production of the Musical Works. These costs include but are not limited to background production and vocals, cost of producer, studio arranger, studio time, background musicians, background vocalists, lodging, meals, transportation, promotional tours, etc..
Royalties. The Company will collect royalties with respect to the distribution of the Recording. The Royalties will be used to satisfy all costs incurred by the Company to record, produce, market, and distribute the Recording. All Royalties remaining will be allocated and distributed between the Company and the Artist, in the following proportion:
- 10% Company
- 90% Artist
- REPRESENTATION
Artist represents and warrants that there are no other encumbrances to the Music Recordings or the Work and that Artist is currently the exclusive holder of any and all rights in and to the Work. Artist further warrants that no person or entity has any ownership or interest in or to the Work and that no other person or entity has any legal documentation evidencing any such interest or ownership. Artist further warrants that Artist may legally grant all necessary rights to the Company for the release of the Work so that Company will fully own the Work at the conclusion of the Parties’ relationship.
- AUDIT
At any time during the Term of this Agreement or 6 months after its termination, Artist and/or designated officers shall be permitted unrestricted access to all of the financial records and accounts of the Company that may relate to, or involve the Artist in any way, for inspection by the Artist and/or the Artist’s designated officer.
Artist will be responsible for any fees or costs incurred in relation to this audit unless sufficient suspicious activity is found. In the case that the Company is found to have neglected to fulfill their financial obligations to the Artists, the Company will then be responsible for all fees and costs incurred by the audit.
- OPTION TO PURCHASE
At any time during the term of this Agreement or after its termination, Artist may request to purchase all rights to the Musical Works that they have assigned and/or granted to Company for the total amount of $ ___________________
- INJUNCTION
Artist hereby acknowledges and agrees that if the Artist violates the terms of this Agreement, the Company will be harmed irreparably, and money damages will be insufficient to compensate the Company. Should this Agreement be breached in any way, the Company will be entitled to seek injunctive relief along with monetary damages, as well as to seek reasonable costs, including attorney’s fees, incurred in enforcing this Agreement.
Artist hereby agrees that if the Artist should violate any of the terms of this Agreement, Artist shall owe the Company an accounting of all profits or benefits, monetary or otherwise realized from the violation of terms. Artist also acknowledges and agrees that Artist shall repay Company for any and all of these profits or benefits. The Company shall also be entitled to injunctive relief or any other rights or remedies at law or in equity.
- TERMINATION OF AGREEMENT
In the event of illness or injury where the Artist is no longer able to perform or execute creation or development of the Works in the same manner as they were able to upon execution of this Agreement, then the Company has the right to terminate this Agreement. If Company does not release the Work on the release date as written in this Agreement, Artist can require the Company to release the Work within 30 days. If the Work is not released within 30 days, Artist may terminate this Agreement in its entirety.
- INDEPENDENT CONTRACTOR
This Agreement does not and will not be construed to create a partnership or joint venture between the parties of the Agreement. It is specifically understood and agreed that the Artist is an independent contractor.
- NO WAIVER
Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term. None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or the same condition on a future date.
- GOVERNING LAW AND DISPUTE RESOLUTION
The laws of Arkansas shall govern this Agreement. In the event of a dispute, the Parties will first attempt to resolve the dispute through mediation. If mediation is not successful at the resolution, the Parties must submit the issue to binding arbitration.
- NO ASSIGNMENT
The rights and benefits under this Agreement may not be assigned in whole or part by either Party.
- INDEPENDENT COUNSEL
Each of the Parties acknowledge and agrees that they have had the opportunity to have this Agreement reviewed by legal counsel and either they have done so or waived that right. The Parties agree that they are entering into this Agreement voluntarily and fully understanding the Terms contained herein.
- ENTIRE AGREEMENT
This written Agreement constitutes the entire Agreement between the Parties. No other understanding, whether written or oral, made prior or contemporaneous with this Agreement, shall be in given effect, and this Agreement shall supersede any other communication between the Parties as to the subject matter contained herein.
IN WITNESS WHEREOF, the Parties execute the Agreement as follows:
Artist’s Name ____________________
Artist’s Signature __________________
Date ____________________
Company Name _____________________
Company Representative Name ___________________
Company Representative Signature __________________
Date _________________________
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