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Music Studio Letter Of Agreement
Recording of master
This letter confirms our agreement for the use of [Name of Studio] (Studio) by [Name of Band or Recording Artist] (Artist) for recording [Working Title of Recording].
Please sign both copies and return the other to [Artist's Street Address]
1. Studio rental
(a) Studio/room: [Name of Studio Space To Be Used]
(b) Booking dates: [Dates Studio Is To Be Used]
(c) Rate per Day/Hour: [$------]
(d) Deposit: [$------]
(e) Booking cancellation policy: [Insert Agreed Cancellation Terms]
2. Studio services included in rate
INCLUDE OR REMOVE AS APPROPRIATE
(a) Engineer: [Name & Involvement of Engineer]
(b) Outboard equipment: [Full List of Equipment]
(c) Pre production rehearsal and recording.
3. Additional studio services and equipment costs not included in rate
INCLUDE OR REMOVE AS APPROPRIATE AND INSERT DETAILS
(a) Pre production rehearsal and recording date, time and cost:
(b) Cost and type of tape/discs to be used etc (analogue or digital format) or cost of hiring house reel:
(c) Additional equipment cost (such as outboard and microphones, digital files, dubbed cassettes)
(e) Session musicians:
(f) Graphic design/packaging:
4. Payment schedule
(a) A total fee of [$------] (Fee) is payable in the following manner:
(i) Upfront: [$------] (cost of tapes and deposit)
(ii) Remaining payment of [$------] must be paid [On Delivery of Masters / By Date]
(b) Payment to be in full satisfaction and no royalties will be payable.
(c) All prices charged by the Studio are inclusive of any GST payable.
(d) The Studio will provide a valid tax invoice for all charges.
(e) The Artist may deduct any payments they are required by law to deduct.
5. Master and other tapes/materials used in production
(a) All rights and interests in any copyrights in the sound recording(s) are owned by the Artist. For the avoidance of doubt, the Studio hereby assigns to the Artist, all rights and interests in any copyrights in the sound recordings owned by the Studio arising from the performance by any Studio employees in the production of the sound recordings, including but not limited to, session musicians employed by the Studio.
(b) Property in the master tapes vests in the Artist when the full Fee has been paid to the Studio.
(c) Any backup or archive tape retained by the Studio is not to be used by the Studio or any other person for any purposes without the permission of the Artist.
The Studio/Producer will be credited on [Insert The Places They'll Be Credited. For example: CD Covers, Packaging, Etc.] in the following manner:
[Add Information Of Credit Details]
(a) Subject to clause 8, if the parties disagree about this agreement, whoever disagrees must:
(i) first tell the other party about the dispute in writing; and
(ii) not start any litigation or arbitration in relation to the dispute until this clause 7 is followed.
(b) Once all parties have been told of the dispute, both parties must arrange for representatives to meet within 14 days and take all reasonable steps to try and solve it.
(c) If the dispute is not resolved under clause 7(b), the parties agree to:
(i) submit the dispute to a mediator or a mediation process that all parties agree to; or
(ii) if the parties are not able to agree to a mediator or mediation process under clause 7(c)(i), submit the dispute to mediation according to the Arts Law Centre Mediation guidelines current at that time. These guidelines are part of this agreement.
(d) If the parties are unable to resolve the dispute within 7 days of commencing mediation or a later time that they agree to during the mediation, they may refer the matter to arbitration or commence litigation.
(e) The parties must continue to perform their respective obligations under this agreement even if they disagree.
8. Term and Termination
(a) This agreement must commence on the day it is executed by the Studio and must continue until it is terminated under this clause 8 or on delivery of the master tapes as provided under clause 4, whichever occurs first.
(b) Either party may terminate this agreement:
(i) with the written consent of the other party; or
(ii) if the other party is, becomes or is considered to be, insolvent (including if the party ceases to pay its creditors in the ordinary course of business, is bankrupt or where a provisional liquidator, liquidator, administrator, controller, receiver, or receiver and manager is appointed) or if the party ceases to carry on business or threatens to do so.
(c) The Studio may terminate this agreement immediately by written notice to the Artist if the Artist is more than [Enumerate] days late paying any amounts owed to the Studio under this agreement.
(d) On termination of this agreement, the Studio must take all reasonable steps to ensure that all rights and interests in the copyrights in the sound recordings vest with the Artist.
(a) The parties acknowledge that the Studio and Artist are independent contractors and that nothing in this agreement creates any relationship of partnership or employment between the parties.
(b) Neither this agreement nor any of the benefits or obligations may be assigned, subcontracted or otherwise divested by either party without the other party’s written consent.
(c) Subject to clause 9(d), this agreement is the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to this subject matter is replaced by this
agreement and has no further effect.
(d) Nothing in this agreement transfers or excludes any applicable cultural rights in favor of the Native American Indian.
(e) A notice required to be given under this agreement may be delivered by hand, or sent by pre-paid post or fax to the address of the party indicated at the top of this agreement; and notices will be taken to have been served when received, or within [--] days of having been sent, whichever occurs first.
(f) This agreement may only be changed in writing signed by all parties.
(g) This agreement is governed by the law in force in [Include the State of Residence of both the Studio & Artist].
Signed by the Artist:
Signed by An Authorized Studio Representative:
Additional Terms and Conditions
Merchandise. A fee of [--%] percent of gross sales will be paid to Purchaser by Artists for all merchandise sold before, during or after the performance at the Venue. This fee will be paid to Purchaser upon completion of selling.
Purchaser shall not permit any other sale or distribution of merchandise bearing artist's trademarks or image. Purchaser shall provide a [--] foot table and [--] chairs for merchandise sales in a prominent area of the foyer or lounge leading to the performance area.
Tickets and Ticket Sales. Purchaser agrees that tickets shall be consecutively numbered and shall be available at the following prices: [$------]. Artist's representative shall have the right to inspect all ticket records and to be present in the box office prior to and during the performance. Free admission shall not exceed [--%] percent of total tickets.
Dressing Room. Purchaser shall provide [--] safe, clean, dressing room(s) with lock(s). Purchaser shall provide backstage security to prevent unauthorized personnel from having access to the dressing area. Special arrangements shall include:
Complimentary Tickets. Unless otherwise agreed, Purchaser will allow [--] guest(s) per band member, with a maximum of [--]tickets.
Security. Purchaser shall provide adequate security so as to guarantee the safety of the audience and the Artist. Special arrangements shall include:
Hospitality. Unless otherwise indicated, Purchaser will provide an allowance of hot and cold beverages in the dressing rooms for the sole use of band and crew members. Special arrangements shall include:
Background Music. Artist shall approve all background music played before and after the Artist's performance.
Clippings & Posters. Purchaser shall forward copies of all clippings, reviews and posters to Artist.
Insurance Purchaser shall obtain and maintain, at its own expense, adequate personal injury and property damage liability insurance coverage and such coverage shall extend to all activities related to Artist's engagement and performance. Except for claims arising from Artist's willful or intentional acts, Purchaser shall indemnify Artist for any third party claims.
Cancellation. If Purchaser cancels the performance less than four weeks before the performance, Purchaser will pay Artist [--%] percent of the guaranteed fee for the performance. If Purchaser cancels the performance less than two weeks before the performance, Purchaser will pay Artist [--%] percent of the guaranteed fee for the performance. The parties agree that such payments are reasonable in light of anticipated or actual harm caused by the cancellation and the difficulties of proving the actual damages to Artist.
Sound System. Purchaser agrees to provide a sound system meeting the following requirements:
Pyrotechnic Devices. Artist shall obtain Purchaser's approval for any pyrotechnic device used by Artist and such device shall be subject to applicable fire laws and shall be administered by a person with professional experience in pyrotechnics.
Video and Audio Taping. Purchaser shall not arrange for video or audio taping or live broadcast without first receiving written approval from Artist.
*** If Required By State Law ***
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]