SFEE |
SFEE |
Caution! This page is a mind control experiment geared toward production of headaches and visual illusions. Caution needed when operating near heavy machinery, or anything you give a damn about!
Teleri
SFEE |
SFEE |
SFEE |
I advise you to discontinue reading at this point! My eyes hurt already! |
||||
OW! OW!
OW! OW!
OW! |
||||
ARTISTS' MANAGEMENT CONTRACT
Date:______________________________________ Artists' Manager:__________________________ Address:___________________________________ City & State:______________________________ Gentlemen: 1. I hereby employ your agency as my sole and exclusive personal representative, agent and adviser for the term commencing on the above date and continuing thereafter for a Period of [...] year(s) throughout the world. (Not to exceed 7) 2. As such personal representative, agent and adviser your duties shall be the following: to use all reasonable diligence and make all reasonable efforts to assist me in negotiating for and procuring employment wherever my services may become available to accept such employment: and whenever reasonably requested so to do by me, to consult with, counsel, advise and assist me in all matters relating to my professional interests, which professional interests shall be deemed to embrace all branches of the entertainment business including particularly the motion picture, radio, theatre, phonograph recording and television industries, and including also all other media of entertainment now in existence and hereafter developed, invented or discovered. 3. You hereby accept this employment and agree to perform your required services for me during the term hereof. It is expressly understood and agreed, however, that you shall have the right to render your services to other persons, either in a capacity similar to that in which you are hereby employed by me, or otherwise. 4. As consideration to you for your acceptance of this employment and for your agreement to perform your required services for me hereunder, I agree to pay you, as and when received by me, a sum equal to [...] (Not to exceed maximum rate shown on fee schedule.) per cent of all compensation (including salaries, earnings, royalties, bonuses, shares of profit and all other direct or indirect forms of income from my professional interests) earned and/or received by and/or accruing to me during the term hereof. As a further part of your consideration hereunder, I also agree to pay you, as and when received by me, a sum equal to the percentage set forth above in this paragraph of all compensation (as above defined) earned and/or received by and/or accruing to me after the expiration of the term hereof, for as long as I shall either directly or indirectly be employed or receive compensation under any employment or contracts entered into and negotiated for during the term of this agreement and/or under any renewal or extension of any such contracts and/or employment and/or under any employment and/or contracts entered into by me at any time in substitution or replacement of any employment or contracts entered into prior to the expiration of said term. Payment to you of the consideration specified in this paragraph is not conditioned on your obtaining employment for me, and said consideration shall be paid to you regardless of whether or not employment with respect to which the same is computed by you or by me or by anyone else. 5. It is agreed that if you shall submit to me a bonafide offer in writing and I fail to accept such offer, within the term of this agreement, but thereafter, and within a period of six (6) months from the date upon which you submitted the offer, I shall accept an offer on substantially the same terms, then in that event it shall be deemed to have been consummated during the term hereof and you shall thereupon be entitled to compensation thereon as herein provided. 6. I hereby authorize and empower you to collect all checks and monies due and payable to me as compensation earned by me as aforesaid, to endorse my name to said checks and to deposit said checks and monies to your bank account, to retain the percentage of my said earnings due you as aforesaid and to pay over the balance to me, hereby appointing you my attorney-in-fact for the aforesaid purposes. 7. If throughout any period in excess for four (4) consecutive months during the term hereof I do not receive a bonafide offer of employment from a responsible employer and if throughout such period in excess of four (4) consecutive months I shall at all times be ready, able, willing and available to accept employment, then upon the happening of both such events either you or I shall have the right to terminate this contract by forwarding to the other of us a notice in writing to that effect, which notice shall be sent by registered mail addressed to the other party to his or its last known address. However, should I receive such an offer of employment subsequent to the expiration of the four (4) month period and prior to the giving of said notice, neither of us shall have the right to terminate the agreement under the provisions of this paragraph. 8. Controversies arising between us under the Labor Code of the State and under any valid and lawful rules and regulations prescribed by the Labor Commissioner of the State of for the enforcement thereof shall be referred to said Labor Commissioner of the State of as provided in Section of said Code and the procedure thereon and the appeal therefrom shall be as prescribed and provided in said Code. 9. I acknowledge that no officer or representative of your agency has any right or authority to make any statement, representation, promise or inducement which is not hereinabove expressly set forth, and that this instrument constitutes the entire contract between us. 10. The execution hereof by you and myself will constitute this instrument a valid and binding contract between us and this instrument may not be amended or changed in any respect except by written instrument executed by both of us. Very truly yours, ARTIST:_______________________________________ ADDRESS:______________________________________ AGREED TO AND ACCEPTED:______________________ DATE:______________________ ARTISTS' MANAGER:____________________________ BY:__________________________________________ DATE:______ |
||||
JOINT VENTURE CONTRACT
__________________________________________________ (Publisher) __________________________________________________ (Record Company) __________________________________________________ (Record Distributor) The undersigned, desiring to enter into a joint venture, agree as follows: l. The name of the joint venture shall be:_______________________________________ 2. The character of the business shall be:_______________________________________ (a) the publishing of music; (b) the production of phonograph record masters and phonograph records; (c) the promotion and distribution of phonograph records; and (d) all other business necessary and related thereto. 3. The location of the principal place of business shall be: 4. The name and place of residence of each of the undersigned is: ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________ 5. Each of the undersigned shall contribute cash and property, and shall receive percentages of the net profit of the joint venture as follows: Name % of Net Profit Cash Property Losses shall be shared in the same ratios as net profit. 6. Each of the undersigned may make additional contributions to, or withdrawals from, the capital of the joint venture as may from time to time be agreed upon by all the partners. 7. The joint venture shall continue as long as the undersigned desire. 8. In the event of retirement, expulsion, bankruptcy, death or insanity of a member of the joint venture, the remaining members shall have the right to continue the business of the joint venture under the same name by themselves, or in conjunction with any other person or persons whom they may select. 9. The members of the joint venture have the right to admit additional members by unanimous decision only. IN WITNESS WHEREOF, the undersigned members of the joint venture have hereunto set their hands this day: _____________________________________________. ________________________________________________(Publisher) ________________________________________________(Record Company) ________________________________________________(Record Distributor) |
||||
ARTIST - MANAGER AGREEMENT
1. This is an agreement made this day of 200__, between the undersigned MANAGER and the undersigned ARTIST. 2. The ARTIST has signed a recording contract with the following RECORD COMPANY: and the date of the contract was: , 200__. 3. In this agreement RECORD COMPANY promised to make royalty payments to ARTIST. 4. ARTIST promises to pay to MANAGER the following percentage of the amounts received by ARTIST from RECORD COMPANY: 5. ARTIST promises to make the payments to MANAGER as soon as the check from the RECORD COMPANY is received by ARTIST. 6. ARTIST promises to send all royalty statements (or copies) and other communications (or copies) from RECORD COMPANY to MANAGER. 7. ARTIST hereby instructs his bookkeepers and accountants to make available for inspection and copying the RECORD COMPANY contract and all statements rendered by the RECORD COMPANY to the ARTIST. 8. This agreement does not cover and is not intended to cover any agreement between the RECORD COMPANY and anyone else (including the ARTIST and the MANAGER) concerning song publishing and mechanical licenses. In the event either is entitled to share in songwriting and/or publishing rights and/or royalties, a separate agreement will cover that aspect. 9. ARTIST hereby requests, instructs, authorizes and empowers RECORD COMPANY to pay said percentage directly to MANAGER. 10. The duration of this agreement commences as of the date of the contract between ARTIST and RECORD COMPANY, and shall continue as long as ARTIST is entitled to monies from RECORD COMPANY. IN WITNESS WHEREOF we have entered into this written agreement as of the date above written. MANAGER:_______________________________ WITNESS:____________________________ ARTIST:________________________________ WITNESS:____________________________ DATE:__________________________________ DATE:_______________________________ ARTISTS' MANAGEMENT CONTRACT
Name:_________________________________ Address:______________________________ 1. I hereby employ you as my sole and exclusive artists' manager for a period of years (not to exceed 7) from date hereof to negotiate contracts for the rendition of my professional services as a writer, or to otherwise in the fields of motion pictures, legitimate stage, radio broadcasting, television, and other fields of entertainment. 2. You hereby agree to advise and counsel me in the development and advancement of my professional career and to use reasonable efforts to procure employment and to negotiate for me, as aforesaid. 3. As compensation for your said services agreed to be rendered here under, I hereby agree to pay you a sum equal to ( %)(not to exceed maximum rate shown on fee schedule) of all moneys or things of value as and when received by me, directly or indirectly, as compensation for my professional services rendered or agreed to be rendered during the term hereof under contracts, or any extensions, renewals, modifications or substitutions thereof, entered into or negotiated during the term hereof and to pay the same to you thereafter for so long a time as I receive compensation on any such contracts, extensions, options or renewals of said contracts. It is expressly understood that you shall be entitled to continue to receive the payment of compensation on the aforementioned contracts after the termination of this agreement only if you continue to serve me and to perform obligations with respect to said employment contracts or to extensions or renewals of said contracts or to any employment requiring my services on which such compensation is based. 4. I hereby agree that you may render your services to others during the terms hereof. 5. In the event that I do not obtain a bona fide offer of employment from a responsible employer during a period of time in excess of four (4) consecutive months, during all of which said time I shall be ready, able, willing and available to accept employment, either party hereto shall have the right to terminate this contract by notice in writing to that effect sent to the other by registered mail. 6. Controversies arising between us under the provisions of the (State) Labor Code relating to artists' managers and under the rules and regulations for the enforcement thereof, shall be referred to the Labor Commissioner of the State of , as provided in Section of said Code. 7. In the event that you shall collect from me a fee or expenses for obtaining employment for me, and I shall fail to procure such employment or shall fail to be paid for such employment, you shall, upon demand therefor, repay to me the fee and expenses so collected. Unless repayment thereof is made within forty-eight (48) hours after demand therefor, you shall pay to me an additional sum equal to the amount of the fee. 8. This instrument constitutes the entire agreement between us and no statement, promises or inducement made by any party hereto which is not contained herein shall be binding or valid and this contract may not be enlarged, modified or altered, except in writing by both the parties hereto; and provided further, that any substantial change in this contract must first be approved by the Labor Commissioner. 9. You hereby agree to deliver to me an executed exact copy contract. DATED:__________________________________________ AGREED TO AND ACCEPTED:___________________________ Name:_______________________________ Address:____________________________ PERFORMANCE AGREEMENT
This Agreement made as of ___/____/____ by and between the parties identified below. In consideration for the following covenants, conditions, and promises, the Employer identified below agrees to hire the below-identified Artist to perform an engagement and the Artist agrees to provide such performance services, under the following terms and conditions: This agreement for performance services is entered into by the musician(s) known as: _______________________________________________ (now referred to as Artist) and employer known as _______________________________________________ (now referred to as Employer) Employer hires musicians on the terms and conditions set forth in this contract. Names of musicians _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ Place of Engagement_________________________________Date(s)__________________ (Place) _________________________________ Street ____________________________________ ____________________________________ City / County / Post code ____________________________________ Phone(s) ____________________________________ Guaranteed Fee ____________________________________ Deposit Amount/Date to be paid ____________________________________ ____________________________________ Time (AM/PM) ____________________________________ Number of sets and duration ____________________________________ Type of Engagement ____________________________________ Wage and Deposit ____________________________________ Percentage (specify how it is to be calculated gross/net of ticket sales/ door/bar etc.) ____________________________________ ____________________________________ Additional Terms and Conditions: Sound Check - The set up and sound check time with full access to stage and P.A. equipment on the date of performance shall be at: _________ (AM / PM) Security - Employer will provide sufficient security so that no unauthorized persons will have access to the stage area or backstage area. the band will provide names of persons or guests authorized to be backstage. If security backstage passes and/or laminates are to be used, a representative of the Artist will supply to the employer a photo copy of the pass system to be used for the performances per the terms and conditions of this agreement. Employer shall responsible for any theft or damage to the equipment of Artist that may occur during the time the equipment is located on Employer's premises. Transcription - No performance and/or this performance shall not be recorded, video taped, reproduced, transmitted or disseminated in or from the place of engagement in any manner or by any means whatsoever in the absence of specified written agreement with the Artist. Promotion and Production - Employer shall be responsible for all matters pertaining to the promotion and production of the scheduled engagement, including but not limited to venue rentals, security, and advertising. Employer agrees to promote the scheduled performance(s) and will use its best efforts to obtain calendar listings, feature articles, interviews of the Artist, reviews of the performance and Artist's records in all local print, radio and television media. Merchandising - artist shall have the option to sell albums, books, and/or merchandising material at the performance and shall retain the proceeds of such sales. Free Tickets - ______ free tickets shall be provided by the Employer for the band. Insurance - Employer agrees to retain any and all necessary personal injury or property damage liability insurance with respect to the activities of Artist on the premises of Employer or at such other location where Employer directs Artist to perform. Employer agrees to indemnify and hold Artist harmless from any and all claims, liabilities, damages, and expenses arising from any action or activity of Employer or Artist while Artist is rendering the contracted services except for claims arising from Artist's willful misconduct or gross negligence. Cancellation - In the event that Employer cancels any performance less than five (5) weeks before the date of such performance, Employer will pay Artist, as liquidated damages, one-half of the guaranteed fee. In the event that Employer cancels any performance less than two (2) weeks before the date of such performance, Employer will pay Artist, as liquidated damages, the full guaranteed fee agreed to be paid for such performance. The agreement that musicians perform is subject to detention by sickness, accident, riot, strikes, epidemic, acts of God or other legitimate conditions beyond their control. Disputes - In the event any dispute arises under this Agreement that results in litigation or arbitration, the prevailing party shall be paid its reasonable attorney's fees and costs by the losing party. This contract and any attachments or riders incorporated herein, shall be governed by the State of _______________ law, may be modified only by signed writing, and is binding and valid only when signed by the parties below, and Artist has received the deposit (if required) specified no later than ________ (date). _________________________________ _________________________________ Artist Date:_____________________________ Employer Date:_____________________________ _________________________________ Title _________________________________ Title Keep one executed copy of this Agreement for Artist and one for Employer and a third copy to Management Company PERSONAL MANAGEMENT CONTRACT
Date:____________________ Managers Name:_________________________ Address:_______________________________ City_______________ State_______________ zip__________________ In accordance with our conversation, let the following constitute the agreement between us. I hereby engage you to render your services to me as my sole and exclusive personal representative, manager and director of all my personal business and affairs, in all branches of the entertainment industry throughout the world for a period of ( ) years from the date hereof, and you hereby accept such engagement and agree to render your services to me during and throughout the term hereof. Your duties hereunder are to use all reasonable efforts to further my professional career and business interests and to guide and advise me with respect to my career and to act for me as my advisor and personal manager in all matters concerning our professional interest whenever you are called upon to do so. It is agreed, however, that it is not the intention of this agreement for you to provide employment for me. You are to represent me with any and all booking offices. I understand that you manage and represent other Artists and I hereby agree that you have the right at all times to continue to do so. You shall not be required to devote any specified amount of time in rendering your services, but only such time as you may consider proper and reasonable. It is agreed also that should you travel in my behalf I agree to pay you for your full and complete expenses. As compensation for your services hereunder, I agree to pay you as and when received by me in lieu of salary, a sum equal to ( %) percent of the gross compensation earned or received by me up to and including, ($ ) per week: WRITTEN AMOUNT a sum equal to ( %) percent of the gross compensation earned or received by me from, ($ ) up to and including, ($ ) per week: WRITTEN AMOUNT a sum equal to ( %) percent of the gross compensation earned or received by me from, ($ ) up to and including, ($ ) per week: WRITTEN AMOUNT a sum equal to ( %) percent of the gross compensation earned or received by me from, ($ ) up to and including, ($ ) per week: WRITTEN AMOUNT a sum equal to ( %) percent of the gross compensation earned or received by me over, ($ ) per week; WRITTEN AMOUNT during the term of this agreement and thereafter while I am employed or receive compensation under employments or contracts entered into or negotiated for during the term hereof, and upon renewals or extensions hereof. I hereby irrevocably appoint you my true and lawful attorney during the term of this agreement and any extensions, replacements, renewals or substitutions thereof, in my name to negotiate, consummate, sign, execute and deliver any and all agreements and to alter, modify and terminate and all arrangements whether negotiated, consummated, signed, executed and delivered by you otherwise, to endorse, deposit, sign, make, execute and deliver all checks, drafts, notes and bills of exchange that may be drawn in my name or that may be payable for my services and I hereby give you full power, right and authority to do any and all of the aforementioned act as you shall, in your sole discretion, deem advisable in as full and ample manner as I could do if personally present and I hereby ratify and confirm all that you shall do or cause to be done by reason hereof I understand and agree that your interest and compensation under this agreement shall be a continuing interest and shall not be revocable in any event or for any reason whatsoever for the term of this agreement and any extensions, renewals, replacements or substitutions thereof. This agreement being both a contract and a power of attorney is Intended to create an agency coupled with an interest and the appointment and engagement of you and your right to receive compensation as provided for herein, are the inducements for your entering into this agreement. You have made no representations or promises to me which you have not set forth in this agreement and this agreement contains a full and complete understanding between us. In consideration of the mutual covenants herein contained and the services rendered and to be rendered hereunder by you, it is agreed that you shall have the right and permission to continue this agreement for an additional period of ( ) years upon the same terms and conditions herein set forth. This agreement and option shall be considered renewed at the end of the period herein unless I shall receive from you a written notice of your intention to consider this agreement at an end. It is the intention hereof that any questions relating to this agreement shall be interpreted in accordance with the laws of the State of . Your signature below will constitute this a binding agreement between us. LEGAL NAME APPROVED: PROFESSIONALLY KNOWN AS PERSONAL MANAGEMENT CONTRACT
I desire to obtain your advice, counsel and direction in the development and enhancement of my artistic and theatrical career. The nature and extent of the success or failure of my career cannot be predetermined and it is therefore my desire that your compensation be determined in such manner as will permit you to accept the risk of failure and likewise benefit to the extent of my success. In view of the foregoing we have agreed as follows: I do hereby engage you as my personal manager for a period of years from date. As and when requested by me during and throughout the term hereof you agree to perform for me one or more of the services as follows: advice and counsel in the selection of literary, artistic and musical material; advice and counsel in any and all matters pertaining to publicity, public relations and advertising; advice and counsel with relation to the adoption of proper format for presentation of my artistic talents and in the determination of proper style, mood, setting, business and characterization in keeping with my talents; advice, counsel and direction in the selection of artistic talent to assist, accompany or embellish my artistic presentation; advice and counsel with regard to general practices in the entertainment and amusement industries and with respect to such matters of which you may have knowledge concerning compensation and privileges extended for similar artistic values; advice and counsel concerning the selection of theatrical agencies and persons, firms and corporations to counsel, advise, seek and procure employment and engagements for me. You are authorized and empowered for me and in my behalf and your discretion to do the following: approve and permit any and all publicity and advertising; approve and permit the use of my name, photograph, likeness, voice, sound effects, caricatures, literary artistic and musical materials for purposes of advertising and publicity and in the promotion and advertising of any and all products and services; execute for me in my name and/or in my behalf any and all agreements, documents and contracts for my services, talents and/or artistic literary and musical materials, collect and receive sums as well as endorse my name upon and cash any and all checks payable to me for my services, talents and literary and artistic materials and retain therefrom all sums owing to you; engage, as well as discharge and/or direct for me, and in my name theatrical agents and employment agencies as well as other persons, firms and corporations who may be retained to obtain contracts, engagements or employment for me. The authority herein granted to you is coupled with an interest and shall be irrevocable during the term hereof. I agree to at all times devote myself to my career and to do all things necessary and desirable to promote my career and earnings therefrom. I shall at all times engage proper theatrical agencies to obtain engagements and employment for me and I agree that I shall not engage any theatrical or employment agency of which you may disapprove. It is clearly understood that you are not an employment agent or theatrical agent, that you have not offered or attempted or promised to obtain employment or engagements for me that you are not obligated, authorized or expected to do so. This Agreement shall not be construed to create a partnership between us. It is specifically understood that you are acting hereunder as an independent contractor and you may appoint or engage any and all other persons, firms and corporations throughout the world in your discretion to perform any or all of the services which you have agreed to perform hereunder. Your services hereunder are not exclusive and you shall at all times be free to perform the same or similar services for others as well as engage in any and all other business activities. You shall only be required to render reasonable services as and when reasonably requested by me. Due to the difficulty which we may have in determining the amount of services to which I may be entitled, it is agreed that you shall not be deemed to be in default hereunder until and unless I shall first deliver to you a written notice describing the exact service which I require on your part and then only in the event that you shall thereafter fail for a period of fifteen consecutive days to commence the rendition of the particular service required. You shall not be required to travel or to meet with me at any particular place or places except in your discretion and following arrangements for costs and expenses of such travel. In compensation for your services I agree to pay to you, as and when received by me, and during and throughout the term hereof, a sum equal to percent of any and all compensation, sums and other things of value which I may receive as a result of my activities in and throughout the entertainment, amusement, musical recording and publishing industries, including any and all sums resulting from the use of my artistic talents and the results and proceeds thereof and, without in any manner limiting the foregoing, the matters upon which your compensation shall be computed shall include any and all of my activities in connection with matters as follows: motion pictures, television, radio, music, literary, theatrical engagements, personal appearances, public appearances, in places of amusement and entertainment, records and recordings, publications, and the use of my name, likeness and talents for purposes of advertising and trade. I likewise agree to pay you a similar sum following the expiration of the term hereof upon and with respect to any and all engagements, contracts and agreements entered into during the term hereof relating to any of the foregoing, and upon any and all extensions, renewals and substitutions thereof. In the event of any dispute under or relating to the terms of this agreement it is agreed that the same shall be submitted to arbitration to the American Arbitration Association in (Insert New York City or Los Angeles) and in accordance with the rules promulgated by the said association. In the event of litigation or arbitration the prevailing party shall be entitled to recover any and all reasonable attorney's fees and other costs incurred in the enforcement of the terms of this agreement. This agreement shall be deemed to be executed in the State of and shall be construed in accordance with the laws of said State. In the event any provision hereof shall for any reason be illegal or unenforceable then, and in any such event, the same shall not affect the validity of the remaining portions and provisions hereof. This agreement is the only agreement of the parties and there is no other or collateral agreement (oral or written) between the parties in any manner relating to the subject matter hereof. If the foregoing meets with your approval please indicate your acceptance and agreement by signing in the space hereinbelow provided. Very truly yours, ____________________________________________________ (Artist) I DO HEREBY AGREE TO THE FOREGOING Manager___________________________ Date:_____________________________ STANDARD POPULAR SONGWRITERS CONTRACT
AGREEMENT made this day of 200__, between (hereinafter called "Publisher"), and jointly and/or severally, (hereinafter called "Writer(s)"): WITNESSETH: 1. The Writer(s) hereby sells, assigns, transfers and delivers to the Publisher, its successors and assigns, a certain heretofore unpublished original musical composition, written and/or composed by the above named Writer(s) now entitled: including the title, words and music thereof, and the right to secure copyright therein throughout the entire world, and to have and to hold the said copyright and all rights of whatsoever nature thereunder existing, subject to the terms of this agreement. 2. In all respects this contract shall be subject to any existing agreements between all of the parties hereto and the American Society of Composers, Authors and Publishers and Broadcast Music, Inc. 3. The Writer(s) hereby warrants that the said composition is his sole, exclusive and original work, and that he has full right and power to make the within agreement, and that there exists no adverse claim to or in the said composition, except as aforesaid in Clause 2 hereof and except such rights as are specifically set forth in Paragraph 17 hereof. 4. In consideration of this agreement, the Publisher agrees to pay the Writer(s) as follows: (a) An advance of $__________________________in hand paid, receipt of which is hereby acknowledged, which sum shall be deductible from any payments hereafter becoming due the Writer(s) under this agreement. (b) In respect of regular piano copies sold and paid for at wholesale in the United States of America, royalties per copy as follows: Wholesale price cents (or more) royalty cents per copy Wholesale price cents (or more) royalty cents per copy Wholesale price cents (or more) royalty cents per copy Wholesale price cents (or less) royalty cents per copy (c) A royalty of % (in no case however less than 50% jointly) of all net sums received by the Publisher in respect of regular piano copies and/or orchestrations thereof sold and paid for in any foreign country. (d) A royalty of cents per copy of orchestrations thereof in any form sold and paid for in the United States of America. (e) Said composition shall not be published in any folio or composite work until after publication thereof in regular piano copies, and subsequent to said date, only upon such terms and conditions as may hereafter be agreed to in writing by the parties hereto. (f) Folios and/or composite works as referred to in the next preceding paragraph shall be deemed to include any publication of ten or more compositions within the same volume and/or binding. (g) In respect of copies sold and rights licensed or sold in the Dominion of Canada, the royalties to be paid to the Writer(s) shall be on the same royalty basis as herein provided for sales or licenses in the United States. (h) As to "professional material"not sold or resold, no royalty shall be payable. (i) An amount equal to % (in no case, however, less than 50% jointly) of: All receipts of the Publisher in respect of any licenses issued authorizing the manufacture of parts of instruments serving to mechanically reproduce the said composition, or to use the said composition in synchronization with sound motion pictures, or to reproduce it upon so-called electrical transcription for broadcasting purposes; and of any and all receipts of the Publisher from any other source or right now known or which may hereafter come into existence, all such sums to be divided amongst the Writer(s) of said composition as provided in Paragraph 5 hereof; provided, however that if the Publisher administers the said licenses, or any of them, through the agent, trustee or other administrator acting for a substantial part of the industry and not in the exclusive employ of the Publisher, the Publisher, in determining his receipts, shall be entitled to deduct from gross license fees paid by the licensees a sum equal to the charges paid by the said Publisher to said agent, trustee or administrator said deduction in no event however to exceed 10% of the license fee. The percentage of the Writer(s) on monies received from foreign sources shall be computed on the Publishers net receipts. The Writer(s) shall not be entitled to any share of the monies distributed to the Publisher by the American Society of Composers Authors and Publishers or any other performing rights society throughout the world which makes a distribution to writers either directly or through the American Society of Composers, Authors and Publishers of an amount which, in the aggregate,is at least equal to the aggregate amount distributed to Publishers. (j) Upon the use of the composition in synchronization with motion pictures under any bulk or block license heretofore made, the Writer(s) shall be entitled to receive an amount equal to _______% (in no case less than 50% jointly) of the license fee for each synchronization by the licensee, but in no event less than the following: FOR WORLD-WIDE USE For Entire Uses In Shorts In Features for each background for each background instrumental or background vocal use. instrumental or background vocal use. for each visual instrumental for each visual instrumental use. use. for each visual vocal use. for each visual vocal use For Partial Uses One half of foregoing rates. (k) The Publisher agrees that the use of the said composition will not be included in any bulk or block license and that it will not grant any bulk or block license to include the same, except: (1) That the Publisher may permit the use of the said composition in accordance with and subject to the provisions of Subdivision (j) hereof; (2) In connection with the making of records for electrical transcription for broadcasting purposes, the Publisher may grant licenses for specific medleys or selections; and (3) That the Publisher may appoint agents or representatives in countries outside of the United States amd Canada to grant licenses for the use of said composition on the customary royalty fee basis. A license or transcription in bulk or block shall be deemed to mean the licensing or two or more compositions where the currently prevailing license fees are not charged separately for each separate use or each composition. (l) The Publisher shall not, without the written consent of the Writer(s) in each case, give or grant any right or license (a) to use the title of the musical composition, or (b) for the exclusive use of said composition in any form or for any purpose, or for any period of time, or for any territory, or (c) to give a dramatic representation of the said musical composition or to dramatize the plot or story thereof or (d) for a vocal visual rendition of said composition in synchronization with a motion picture. If however the Publisher shall give to the Writer(s) written notice, by registered mail or telegram, specifying the right or license to be given or granted, the name of the licensee and the terms and conditions thereof including the price or other compensation to be received therefor, then, unless the Writer(s) (or anyone or more of them, or anyone acting on their behalf) shall, within seventy-two hours (exclusive of Saturdays, Sundays, and holidays) after the delivery of such notice, object thereto, the Publisher may grant such right or license in accordance with the said notice without first obtaining the consent of the Writer(s). Such notice shall be deemed sufficient if sent to at (or at the address last furnished to the Publisher in writing by the Writer(s) or any of them). The tender of delivery of such notice at such address by the post office carrier or the telegraph company messenger shall be deemed a delivery hereunder. (m) Any portion of the receipts which may become due to the Writer(s) from license fees (in excess of offsets), whether received directly from the licensee or from the agent, administrator and trustee, shall, if not paid immediately on the receipt thereof by the Publisher, belong to the Writer(s) and shall be held in trust for such Writer(s) until payment is made; the ownership of said trust fund by the Writer(s) shall not be questioned whether the monies are physically segregated or not. 5. It is understood and agreed by and between all of the parties hereto that all sums hereunder payable jointly to the Writer(s) shall be divided amongst them respectively as follows: Name Share 6. The Publisher shall render the Writer (s), as above, on or before each covering the 3 months ending ; each covering the 3 months ending ; each covering the 3 months ending ; hereafter, so long as he shall continue publication or the licensing of any rights in the said composition, royalty statements accompanied by remittance of the amount due, provided, however, that if it shall have heretofore been the custom of the Publisher to render royalty statements accompanied by remittance semi-annually, such custom may be continued. 7. The Publisher agrees to publish in saleable form the said musical composition within from the date hereof. Should he fail so to do the Writer(s) shall have the right in writing to demand the return of said composition, whereupon the Publisher must within one (1) month after receipt of such notice either publish the said composition, in which event this agreement remains in full force and effect, or upon failure so to publish, all rights of any and every nature, and the right to secure copyright and/or any copyright secured by the Publisher before publication, in and to the said composition, shall revert to and become the property of the Writer(s) and shall be reassigned to him. 8. If foreign publication rights in the said composition are separately conveyed, otherwise than as a part of the Publisher's current and/or future catalog, any advance received in respect thereof shall be divided in accordance with Section 4, sub-division (i) hereof and credited to the account(s) of the respective Writer(s). 9. The Writer(s) or his representative may appoint a certified public accountant who shall at any time during usual business hours have access to all records of the Publisher relating to the said composition for the purpose of verifying royalty statements rendered or which are delinquent under the terms hereto. 10 (a) The Publisher shall, upon written demand of the Writer(s) or his (their) representative, cause the agent, trustee or administrator referred to above, to furnish to the Writer(s) or his (their) representative, statements showing in detail all licenses granted, uses had and payments made in connection with said composition, which licenses or permits were granted, or payments were received, by or through said agent, trustee or administrator, and to permit the Writer(s) or his (their) representative to inspect at the place of business of such agent, trustee or administrator all books, records and documents of the agent, trustee or administrator relating thereto. (b) The Publisher shall from time to time, upon written demand of the Writer(s) or his (their) representative, furnish to the Writer(s) or his (their) representative, statements showing in detail all licenses granted, uses had and payments made therefor in connection with said composition (other than licences, uses and payments for commercial phonograph records and music rolls) for which licenses or permits were granted or payments received by the Publisher without the intervention of said agent, trustee or administrator, and to permit the Writer(s) or his (their) representative to inspect at the place of business of the Publisher, all books, records and documents relating to said composition and all licenses granted, uses had and payments made therefor, such right of inspection to include, but not by way of limitation, the right to examine all original accountings and records relating to uses and payments by manufacturers of commercial phonograph records and music rolls. Nothing in this paragraph contained, furthermore, shall be deemed or construed to relieve the Publisher of its obligation to pay royalties on the use of said composition on commercial phonograph records and music rolls or the obligation to include a statement of such royalties in the periodical royalty statements to be rendered to the Writer(s) in accordance with Paragraph 6 of this agreement. 11. In the event that the Publisher shall fail or refuse, within sixty days after written demand, to furnish said statements, or cause the same to be furnished, or to make available or cause to be made available to the Writer(s) or his (their) representative all of such books, records or documents as aforesaid, or in the event that the Publisher shall fail to make payment of any royalties due within thirty days after written demand therfor, then the Writer(s) shall have the option, to be exercised upon ten days written notice, to terminate this agreement. Upon such termination, all rights of the Publisher, of any and every nature, in and to said composition, shall cease and terminate and the said rights, including but not limited to the right to secure copyright and/or any copyright theretofore secured by the Publisher, shall revert to and become the property of the Writer(s) and shall be assigned to him (them). The Publisher agrees that it will execute any and all assignments or other documents which may be necessary or proper to vest the said rights in the Writer(s). 12. Written demands and notices provided for in Paragraph 10 and 11 hereof shall be sent to the Publisher by registered mail. 13. Any legal action brought by the Publisher against any alleged infringer of said composition shall be initiated and prosecuted at his sole expense, and of any recovery made by him as a result thereof, after deduction of the expense of the litigation, a sum equal to fifty per cent shall be divided as agreed among the Writer(s) of the said composition. (a) If a claim is presented against the Publisher alleging that the said composition is an infringement upon some other, and because thereof the Publisher is jeopardized, he shall thereupon serve written notice upon the Writer(s), containing the full details of such claim and thereafter until the claim has been adjudicated or settled shall pay any monies coming due the Writer(s)here under in escrow to any bank or trust company to be held pending the outcome of such claim; provided however, if no suit be filed within twelve months, after written notice to the Writer(s) by the Publisher of the adverse claim, the said bank or trust company shall release and pay to the Writer(s) all sums held in escrow, plus any interest which may have been earned thereupon. Such payment shall be without prejudice to the rights of the Publisher in event of a subsequent adverse adjudication. (b) From and after the service of summons in a suit for infringement filed against the Publisher in respect of the said composition any and all payments hereunder thereafter coming due the Writer(s) shall be paid by the Publisher in trust to any bank or trust company until the suit has been finally adjudicated and then be disbursed accordingly, unless the Writer(s) shall elect to file an acceptable bond in the sum of such payments, in which event the sums due shall be paid to him. 14. The parties hereto hereby agree to submit to arbitration under the rules of the American Arbitration Association, and pursuant to the New York Arbitration Law any differences arising in relation to the payment of royalties due or in default hereunder, and hereby agree individually and jointly to abide by and perform any award rendered by the arbitration and that a judgment of the Supreme Court of the State of New York may be entered upon such award. 15. This agreement is binding upon the parties hereto and their respective successors in interest. 16. Identical copies hereof are executed by the parties, the original copy of which shall remain in the possession of the Publisher, a duplicate in possession of each of the other signers. 17. The rights specifically expected, as provided in Paragraph 3 hereof, are as follows: Witness: Writer (L.S.) Address Witness: Writer (L.S.) Address Witness: Writer (L.S.) Address Witness: Writer (L.S.) Address Witness: Publisher: Address TALENT - RECORD COMPANY AGREEMENT
Date:________________________________________ City:________________________________________ State:_______________________________________ 1. This is an agreement between the undersigned TALENT and the undersigned RECORD COMPANY (hereinafter referred to as RC). 2. This agreement concerns the following sides: SONG: ARTIST: SONG: ARTIST: 3. RC promises to pay to TALENT: (a) Per record containing both sides sold and paid for in the United States i. Cents (if in cents): or ii. Percentage of retail price less excise tax (if in percentage): (b) One-half of both sides rate on records using only one side. (c) Pro-rata rate based on the number of songs on the using some songs not covered by this agreement IF the rate is in percentages. Same number of cents per IF the rate is in cents. (d) One-half the United States rate for outside United States records. (e) "Reasonable rate" as determined by American Arbitration Association governed arbitration for exploitation not covered by 3(a) to (d). These payments shall be in addition to any payments made to TALENT at or about the time of the session because of AFM or AFTRA regulations. 4. Cross out one and initial at the right side of this page: (a) TALENT has already completed the work desired by RC. (b) TALENT promises to complete the work in accordance with RC wishes, and RC promises to immediately notify TALENT in writing in the event RC believes that TALENT is not complying with this promise. 5. In the event the parties agree on the label credit to be given to TALENT, the label credit is set forth here: 6. RC shall both render statements showing in detail the rate(s) at which RC is paying TALENT and the number of records at each rate and render payment for each calendar half no later than 60 days after the end of each January-June period and July-December period. RC shall pay interest at the legal rate from the beginning of the 61st day on all principal due on said 60th day. 7. RC promises to cooperate fully at any time TALENT desires to have a representative audit the books or desires to audit the books himself. "Books" shall include any and all papers, statements, checks and books. IN WITNESS WHEREOF we have entered into this contract as of the above date. RECORD COMPANY:_____________________________________ WITNESS:____________________________________________ TALENT:_____________________________________________ WITNESS:____________________________________________ GENERAL RELEASE
KNOW ALL MEN BY THESE PRESENTS: THAT, __________________________________________________________________________________the first party, for and in consideration of the sum of One (1.00) Dollar, and other valuable considerations received from or on behalf of, __________________________________________________________________________________the second party, the receipt whereof is hereby acknowledged, HEREBY, remise, release, acquit, satisfy and forever discharge the said second party, of and from all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckoning, bonds, bills, specialties, convenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which any personal representative, successor, heir or assign of said first party, hereafter can, shall or may have, against said second party, for, upon or by reason of any matter, cause or thing whatsoever, From the beginning of the world to the day of these presents. THAT CERTAIN __________________________________AGREEMENT SIGNED, ________________________________. 1. _______________________________________retains the right to release all product recorded under the original contract, and royalties will be paid according to the terms of said contract. IN WITNESS WHEREOF, I have hereunto set my hand and seal this Signed, sealed and delivered in the presence of: _________________________________ ___________________________________ WITNESS STATE OF________________________ COUNTY OF______________________ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ______________________________ to me known to be the person described in and who executed the foregoing instrument and HAS acknowledged before me that THEY executed the same. WITNESS my hand and official seal in the County and STATE last aforesaid this ________day of___________________200_____. NOTARY PUBLIC_______________________________ MY COMMISSION EXPIRES________________________ AGREEMENT FOR SOUND CONTRACTING
Agreement made this ___ day of ____________, 200__, by and between ______(Sound Company)_____ , (hereinafter referred to as the "Contractor") and _________________ , (hereinafter referred to as the "Buyer") for the purpose of contracting sound reinforcement between the undersigned parties. 1. Contractor hereby agrees to provide all the sound and lighting equipment specified in Exhibit "A", attached hereto and made a part of this Agreement. Contractor warrants that the equipment listed in Exhibit "A" is in good working order and equal to the manufacturer's operating specifications. 2. The Contractor shall have the equipment provided for in Exhibit "A" set up and ready to operated at: Street: _______________________________________ City: ________________,State: _____, Zip: _________ Phone: _________________ by _______ am/pm _______________, 200__. 3. Load-in may commence at: ____ am/pm ____________, 200___. 4. Soundcheck may commence at: __ am\pm _________, 200___. 5. Showtime is: _____ am/pm _____________, 200___. 6. The Contractor shall operate and leave the equipment set up until: _____ am/pm _____________, 200___ after which the Contractor shall remove all equipment and personnel from the venue by ______ am/pm, ________, 200___. 7. Buyer shall pay to Contractor the amount of $ ______ upon the execution of this agreement as a non-refundable deposit for Contractor's services. At the completion of soundcheck, with Contractor's equipment in place and tested, Buyer shall pay to Contractor, in U.S. currency or certified cashier's check the balance of $ _________. Personal and company checks will only be accepted if Buyer agrees to cash said check at the time of payment. 8. Contractor will provide qualified personnel to operate all equipment provided for in this Agreement. No other personnel,including Buyer and/or his employees, shall operate the Contractor's equipment without the express consent of Contractor. 9. Buyer shall provide adequate security to protect the Contractor's equipment and personnel during the term of thisAgreement. Buyer will provide the following security personnelat the following times and places: a) ___ backstage security person(s) at the equipment access door during load-in b) ___ security person(s) at the main mixing console fifteen (15) minutes before the public is admitted into the venue; to remain there until the public has left the venue. c) ___ security person(s) at the monitor mixing console 15 minutes before the public is admitted into the venue; to remain there until the public has left the venue. d) ___ security person(s) in the stage area from showtime until the performance is completed, including encores. e) ___ security person(s) at the equipment access door during load-out. 10. Buyer shall issue all-access permits to all designated employees of the Contractor in advance of Contractor's arrival at the venue. The personnel designated for such access are: ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ Buyer shall be notified in advance of Contractor's arrival at the venue if there are any changes in the list of Contractor's personnel required to complete the terms of this Agreement. Contractor will use only personnel directly connected to the production of the event under the terms of this Agreement. 11. Buyer shall provide the electrical power and circuits necessary for Contractor to perform his duties hereunder. The Contractor's electrical requirements are listed in Exhibit "B"attached hereto. Buyer will use only licensed and bonded electricians in preparing the Contractor's electrical requirements. Power must be in place and of the specifications in Exhibit "B" one hour before the load-in time specified herein. 12. Buyer will provide adequate parking immediately adjacent to the staging area for the loading and unloading of equipment and parking/vehicle access permits to Contractor and his designated vehicles. Parking shall be reserved in advance for any vehicle the Contractor may need in the performance of his duties hereunder. It is Buyer's responsibility to retain access to and from the stage area and to secure Contractor's parking during thee ntire term of this Agreement. 13. Contractor is acting as an independent contractor in the performance of his duties herein. Buyer is not responsible for any workman compensation insurance of any kind for Contractor or Contractor's employees or personnel. All expenses pertainingto Contractor's employees and personnel, including but notlimited to taxes, insurance, union or guild dues or any other expenses regarding Contractor's employees or personnel are the sole responsibility of the Contractor. 14. This Agreement is for service rendered rain or shine. Contractor has the right to interrupt the performance of his duties hereunder in the event of inclement weather or any other conditions which Contractor or Buyer regard as hazardous to any person or persons. Any such interruption, postponement or cancellation of services shall not affect the Contractor's compensation specified herein. 15. ADDITIONAL TERMS AND CONDITIONS: See Attached Rider (if any) 16. Should any portion of this Agreement prove to be invalid, illegal or unenforceable, it shall not affect the balance of this Agreement. This Agreement is guided by and governed by the laws of the State of _________ and __________, County shall be the place of execution and jurisdiction. 17. Should any litigation arise between the parties hereto regarding the performance of this Agreement, the prevailing party shall be compensated for whatever damages are awarded, plus reasonable attorney's fees by the other party. 18. This Agreement is the complete understanding between the parties and supersedes and replaces all previous agreements or representations both written and oral. THE UNDERSIGNED PARTIES have read and understand the terms and conditions of this Agreement and do hereby set their hands. _________________________ __________________________ ________________________ Contractor Address Phone _________________________ __________________________ ________________________ Buyer Address Phone ARTIST REPRESENTATION AGREEMENT
Dear, This letter will confirm our relationship and will outline the nature and terms of my representation of you in the music industry. You hereby engage me for a _____________(___________) month period commencing upon your acceptance of this letter as your exclusive consultant and representative within the music and entertainment industry. Included within the many areas of the music and entertainment industry, in which I will render services to you, will be my attempt to secure an agreement for you with a recording company pursuant to which such record company shall manufacture, distribute, sell and/or otherwise commercially exploit audio recorded material containing your musical performances. Notwithstanding the foregoing, in the event that during the term hereof, I secure a "deal in principal", then the term shall be extended if necessary for an additional period of sixty (60) days, for the purpose of enabling me to complete the agreement with the recording company and the ultimate execution of said agreement. For the foregoing purposes, the term "deal in principal" shall mean a written memorandum from me to you setting forth the major substantive "deal" points of a recording agreement proposed by a bona fide recording company, including, without limitation, the term, territory, delivery requirements, basic royalty rate and advances. I shall be your sole and exclusive representative seeking to obtain an agreement with a recording company during the term of our agreement. I hereby accept your engagement of me under the terms and provisions contained in this letter and agree to advise and consult with you and to exert reasonable efforts to secure a recording agreement and to negotiate for you any contract that is offered. Notwithstanding anything to the contrary contained in this letter, the terms and provisions of any recording agreement shall be subject to your express prior approval, which may be withheld at your discretion, and I shall have no authority to bind you with any record company in any manner whatsoever. If, however you reject any offer of a recording agreement secured by my efforts hereunder and, within eighteen (18) months of the termination of the term of our engagement, you accept any offer from the same offer or on terms which are the same or are less advantageous to you, such agreement shall be deemed to be a recording agreement covered by the terms hereof. You acknowledge that I have the right to render similar services to others-with respect to obtaining and negotiating agreements similar to the recording agreement. I have advised you and you understand that obtaining the desired recording agreement is a difficult task and is a highly speculative endeavor in a very competitive industry. In consideration for my services hereunder, and as my compensation therefore, you agree as follows: (a) To pay to the undersigned_________(___%) percent of any and all revenues and any other form of consideration received by or credited to you or your account any other party furnishing your services pursuant to the recording agreement, and all agreements, substituted for or replacing the recording agreement, and all modifications, supplement, extensions, additions, and renewals thereof. (b) To pay to the undersigned __________(____) dollars advance and a monthly retainer of ________ dollars, for the duration of this contract. You shall render an account to me and have my compensation hereunder paid directly to me by the recording company through a letter of direction signed by you and sent to the record company. If you are unable to have my compensation paid directly from the recording company, then you shall account to me as to amounts payable to me hereunder within three (3) days following your receipt of accounting and amounts from the recording company. Such accounting shall be accompanied by payment of amounts, if any, payable to me during the preceding accounting period. I shall have the right to appoint a certified public accountant to inspect your books and records insofar as the same pertain to the subject matter of this agreement; provided, however, that such inspection shall take place only upon reasonable notice, not more frequently than twice in a calendar year during which I receive statements, and at my sole cost and expense. Neither of us may assign this agreement in whole or in part without the express prior written consent of the other party, provided however that either party upon written notice to the other may assign this agreement to any firm or entity wholly controlled an/or owned by such party. If any provision of this letter is held void or unforecable, the balance thereof shall remain in full force and effect. This agreement does not and shall not be construed to create a partnership of joint venture between the parties. This agreement constitutes the entire understanding between us and no promises or inducements have been made by either party to the other except as expressly provided herein. Neither this agreement nor any provision hereof may be renewed, extended, waived, amended, modified, canceled, terminated or otherwise changed or discharged except by an instrument in writing signed by us. This agreement shall be construed in accordance with the laws of the State of ___________. This agreement shall bind our respective successors and permitted assigns. You acknowledge and understand that I have advised you that you may obtain independent legal counsel in connection with the execution of this agreement. As soon as possible after the execution hereof, you will supply me with sufficient quantities of demonstration tapes, photographs and biographical and press material so as to enable me proceed hereunder. If your delivery of demonstration tapes or other required information is delayed I shall have the unilateral right to suspend the running of our agreement until such time as the needed tapes and materials are delivered to me. If our understanding set forth above is satisfactory to you, please indicate your approval by signing this letter in the space provided below. Please return the original to the undersigned and retain a copy for your records. Our engagement commences based upon our mutual agreement as contained in this letter. Very truly yours, __________________________________________ __________________________________________ __________________________________________ ACCEPTED AND AGREED TO THIS DAY OF______, 200__. BY: ____________________________________ SS #: ___________________________________ Warning! Any and all of these contracts will be legally binding once signed. They are for your protection. Read them carefully before signing! These are standard, basic contracts, and can be modified before finalized. SFEE assumes no responsibility, explicit or implied, for the consequences of their use. If there are any questions or doubts, consult a good entertainment law firm. Good luck! YOU WERE WARNED! |