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Music Agreement Of Release Of Musician
THIS AGREEMENT OF RELEASE is made on [Date] by and between [Name] of [Address], hereinafter referred to as "Band", and [Name] of [Address], hereinafter referred to as "Musician" agree as follows:
1. Rights. The Band has recorded Musician's performance in conjunction with a Band recording under the titles [Titles]. In consideration of the payments provided in this Agreement, Musician assigns all rights in the performance to the Band and its assigns or licensees.
2. Payment. Band shall pay Musician as follows: [$------].
Credit. [Check if applicable and fill in blank.]
[ ] Musician shall be entitled to the following credit: [Enumerate].
3. Mediation; Arbitration. If a dispute arises under this Agreement, the parties agree first to try to resolve the dispute with the help of mutually-agreed upon mediator in the American Arbitration Association or like organization. Any costs and fees other than attorney fees shall be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution, the parties agree to submit the dispute to binding arbitration in the same city or region, conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
4. Any notice to be given or to be served upon any party hereto must be in writing and may be given by certified or registered mail, but shall be deemed to have been given and received when a certified or registered letter containing such notice, properly addressed with postage prepaid, is deposited with the United States Postal Service. If notice is given in some manner other than by certified or registered mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed, Such notices shall be given to the parties hereto at the following addresses:
If to the [Band]:
[city, state, zip]
If to the [Musician]:
[city, state, zip]
All such notices and communications shall be deemed to have been duly given when delivered by hand, if personally delivered; (--) business days after deposit in U.S. Mail, postage prepaid, if mailed; when answered back, if by facsimile; and when receipt is acknowledge. Any party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above.
5. In connection with this Agreement and the transactions contemplated hereby, each party to this Agreement will execute and deliver any additional documents and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Agreement and the transactions contemplated hereby.
6. All costs incurred in enforcing this Agreement and in collection of sums due, to include, without limitation, reasonable attorney fees through all trials, appeals, and proceedings, to include, without limitation, any proceedings pursuant to the laws of the United States and any arbitration proceedings, shall be paid by [Name].
7. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written.
8. This Agreement supersedes any prior written or oral agreements between the parties.
9. General. Nothing contained in this Agreement shall be deemed to constitute either Band or Musician a partner or employee of the other party.
10. Headings. The paragraph headings contained herein are for convenience of reference only and are not to be used in the construction or interpretation hereof.
11. Severance. The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof.
12. Entire Agreement. This Agreement including any attachments is the entire agreement between the parties and there are no other promises or conditions in any other written agreement.
13. Agreement Binding. This Agreement shall be binding upon the parties hereto and their respective heirs, administrators, successors, and assigns.
14. No Assignment. Neither this agreement nor any right or interest thereunder shall be assigned in any respect whatsoever.
15. Exclusion of Oral Statements. This instrument contains all of the agreements of the parties. No oral or other statements shall be binding on either of the parties hereto.
16. Applicable Law. This Agreement shall be governed by the laws of the State of [State].
17. Time of The Essence. Time is the essence of this agreement.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at [City], [State].
Band Partnership Name:
Band Partner Name and Title:
Band Partner Signature:
This Section for Notary:
STATE OF -------)
) ss: [Date]
COUNTY OF ------)
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[Name of Notary Public]
My commission expires: [date]