Letter of Agreement by Producer : Please fill out the following form. Please print your completed form if you would like to have a copy for your records.
Dear Mr./Ms. __________________,
This letter shall serve as our agreement in respect to _________________ (hereinafter referred to asthe "Producer") services in producing Master Recordings (hereinafter referred to as the "Masters") ofthe recording artist(s) professionally known as _________________ (hereinafter referred to as the"Artist").
1. The term of this agreement shall commence as of the date hereof and shall continue until thecompletion of Producer's services.
2. (a) Recording sessions for the Masters shall be conducted by Producer under this Agreement atsuch times and places as shall be mutually designated by you and Producer. All individuals renderingservices in connection with the recording of Masters shall be subject to your approval. You shallhave the right and opportunity to have your representatives attend each such recording session. EachMaster shall embody the performance by the Artist of a single musical composition designated by theArtist (subject to your approval, not to be unreasonably withheld) and shall be subject to yourapproval as technically satisfactory for the manufacture, broadcast and sale of phonorecords, and,upon your request, Producer shall re-record any musical composition or other selection until aMaster technically satisfactory to you shall have been obtained, provided additional production costswill be paid by you. Producer agrees to begin pre-production, rehearsals, and recording on_____________________, 199_.
(b) Producer shall deliver to you a two-track stereo tape suitable for duplication and manufacture ofphonorecords for each Master. All original session tapes, rough mixes and any derivatives orreproductions thereof shall also be delivered to you, or, at your election, maintained at a recordingstudio or other location designated by you, in your name and subject to your control.
3. All Masters produced hereunder, from the inception of the recording thereof, and allphonorecords and other reproductions made therefrom, together with the performances embodiedtherein and all copyrights therein and thereto, and all renewals and extensions thereof, shall be entirelyyour property, free of any claims whatsoever by Producer or any other person or person engaged inthe production of the Masters. (It being understood that for copyright purposes Producer and allpersons rendering services in connection with such Masters shall be Contractors for hire).
4. (a) Conditioned upon Producer's full and faithful performance of all the terms and provisionshereof, you shall pay Producer, as an advance recoupable by us from any and all royalties payableby you to Producer hereunder, the sum of $ ________ DOLLARS payable upon commencement ofrecording, and the balance upon the delivery to you of the Masters.
(b) Notwithstanding anything contained in (a) above to the contrary:
(i) in the event the Masters are released on any label other than ___________ or it's subsidiary oraffiliate label or labels, Producer shall not receive a royalty in connection with the sale of suchrecords;
(ii) in the event the Masters are released on the ______________ label or a subsidiary or affiliatelabel, Producer shall be paid in respect to the sale of such phonorecords a royalty rate of threepercent (3%) of the suggested retail price of each phonorecord sold and paid for in the UnitedStates. Payments of royalties from foreign sources shall be ONE HALF of the United States royaltyrate. All fees paid to Producer hereunder shall constitute recoupable advances which shall berecouped prior to further payment of royalties.
5. Producer has agreed to assist you in presenting the Masters to major record companies in pursuitof a record production agreement with a major label. Producer understands that you will also bepresenting the Masters to major labels and that Producer will not be your exclusive representative.Therefore, Producer agrees to notify you prior to making any formal contact with representatives ofany major record company on your behalf in order to coordinate our respective efforts and agrees tocontact on your behalf only those companies we mutually agree upon. In the event you enter into arecord production agreement with a major label for the Masters recorded hereunder and the furtherservices of "Artist" as a result of substantial efforts and negotiations by Producer with such companywithin the period of ONE YEAR following the completion of the Masters we agree to pay you acommission of six percent (6%) of the actual cash advances (exclusive of recording budgets)received by you upon execution of said agreement. A major record company as defined herein shallbe a company or corporation with gross sales of on million (1,000,000) units in the calendar year1988.
6. Producer hereby warrants, represents, and agrees that he is under no disability, restriction, orother incumbency with respect to his right to execute and perform the services described in thisAgreement.
7. You shall have the right, at your election, to designate other producers for recording sessions withthe Artist, in which event Producer shall have no rights hereunder with respect to the Mastersproduced at such other recording sessions.
8. We shall have the right, at our election, to assign any of our rights hereunder, in whole or part, toany subsidiary, affiliated, or related company, or to any person, firm or corporation acquiring rights inthe Masters produced hereunder.
9. (a) This contract sets forth the entire understanding of the parties hereto relating to the subjectmatter hereof. No amendment or modification of this contract shall be binding unless confirmed inwriting by both parties.
(b) We shall not be deemed to be in breach of any of our obligations hereunder unless and until youhave given us specific written notice of the nature of such breach and we have failed to cure suchbreach within thirty (30) days after our receipt of such notice.
(c) Nothing herein contained shall constitute a partnership or joint venture between you and us.
(d) This contract has been entered into in the State of ______, and its validity, construction,interpretation, and legal effect shall be governed by the laws of the State of _______.
(e) This contract shall not become binding and effective until signed by you and countersigned by aduly authorized agent of ___(Company)_____. If the foregoing correctly reflects your understandingand agreement with us, please indicate by signing below.
Agreed and Accepted :
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