This Musician Contract (hereinafter referred to as the “Contract”) is made and entered on Effective Date (hereinafter referred to as the “Effective Date”),
By and Between
Musician Name (hereinafter referred to as the “Musician”), having their principal place of business at Musician Address, and;
Music Agency Name (hereinafter referred to as the “Agency”), having its principal place of business at Music Agency Address.
Both the Musician and the Agency shall be collectively referred to as the “Parties” and individually as the “Party.”
WHEREAS the Musician is a recording artist known by the stage name Stage Name;
AND WHEREAS the Agency produces and markets recordings of professional music artists;
AND WHEREAS the Musician wants the Agency to produce, market, and distribute its recordings (hereinafter referred to as the “Recordings”);
AND WHEREAS the Agency agrees to produce, distribute, and market the recordings of the Musician's performance.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties hereby agree as follows:
The term of this Contract shall be for the release of the Recordings consisting of Total Number of Songs song(s) (hereinafter referred to as the “Music” or “Songs”), written and performed by the Musician. It shall continue for a time period of Contract Term after the delivery of the Recordings to allow the Agency to market, distribute, and sell the Songs.
During the term of this Contract, the Musician shall perform:
(a) As a recording artist exclusively for the Agency and, shall not record Songs for any other company.
(b) At the Agency's recording studio or any other place designated by the Agency.
(c) Add other exclusive terms.
The Musician grants the following rights to the Agency:
(a) The right to use and publish the Musician's name and photographs for marketing purposes in connection with the Recordings produced under this Contract.
(b) The right to perform the Recordings publicly.
(c) Add other rights.
The Agency shall secure the full copyrights and ownership to the Recordings resulting from this Contract.
The Agency shall collaborate with a record distribution company in order to sell and distribute the Recordings. The Agency shall collect royalties concerning the distribution of the Recordings (hereinafter referred to as the “Royalties”). The Agency shall use the Royalties to compensate the costs incurred by the Agency to produce, market, or distribute the Recordings. From the remaining Royalties, the Agency shall pay a royalty of Royalty Percentage to the Musician to the Musician for the rights granted herein and the services provided by the Musician.
The royalty to the Musician by the Agency shall be paid Royalty Payment Frequency, and it shall be paid via Mode of Payment.
The Musician represents and warrants that:
(a) They have all the rights, power, and authority to enter this Contract.
(b) No Songs performed by the Musician will violate any law or infringe upon the rights of any third party.
(c) They are under no obligation, restriction, or prohibition to execute this Contract.
Nothing contained in this Contract shall be taken to establish any partnership, joint venture, or employment relationship. It is understood and agreed that the Musician is an independent contractor.
The Musician agrees to indemnify and hold the Agency harmless from any and all claims, liabilities, causes of action, damages, expenses, and costs of defenses (including reasonable attorney's fees and court costs).
All confidential information communicated to or obtained by either of the Parties in connection with the above-mentioned services shall be held by them in full faith. At no time shall the Parties use any confidential information obtained through this association, either directly or indirectly, for personal benefit or disclose or communicate such information to any third party. This provision shall continue to be effective after the termination of this Contract.
Either Party may terminate this Contract if any Party fails to perform its obligations under this Contract or breaches any of the warranties provided herein. If such failure is not cured within Number of days to remedy breach day(s) (unless extended by the Party) after written notice to the Party at fault, the Parties shall be entitled to seek and obtain all remedies available to it in law.
In the event of any dispute arising in and out of this Contract between the Parties, it shall be resolved by arbitration. There shall be Number of Arbitrators arbitrator(s) who shall be appointed by Arbitration Appointing Party Name. The venue of arbitration shall be Location of Arbitration, and the Seat shall be State of Seat. The arbitrators' decision shall be final and binding on both Parties.
In the event that any provision of this Contract is deemed to be invalid or unenforceable, in whole or part, that part shall be severed from the remainder of this Contract, and all other provisions shall remain in full force and effect as valid and enforceable.
Neither of the Parties shall have the authority to transfer, charge, or dispose of any rights or liabilities under this Contract.
Neither of the Parties shall be liable for any failure in performance of any obligation under this Contract due to causes beyond that Party's reasonable control (including and not limited to any pandemic, fire, strike, act, or order of public authority and other acts of God) during the pendency of such event.
No modification of this Contract shall be made unless in writing signed by both Parties.
This Contract shall be governed in all respects by and construed in accordance with the laws of the State of Governing Law.
Any notices required or permitted by this Contract shall be in writing and delivered by certified mail or courier to the above-mentioned address.
The entire contract herein set forth by the Parties hereto is binding upon both the Parties.
IN WITNESS WHEREOF, the Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:
Musician Name
Music Agency Name
Name:
Name:
Signature:
Signature:
Date:
Date: