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Music Technical Advisor & Consultant Agreement
THIS AGREEMENT is made on [Date] by and between [Name] of [Address], hereinafter referred to as "Company" and [Name] of [Address], hereinafter referred to as "Consultant" agree as follows:
WHEREAS, regarding Companies engagement of Consultants services as Musical Technical Advisor and Consultant of [Enumerate] hereinafter referred to as "Program."
1. Consultant shall render services as Musical Technical Advisor and Consultant of the Program, to attend the recording and mixing session on [Date], and to perform such functions and carry out such instructions in connection with said services, including the following:
(a) Consultation as to the instrumentation of the orchestra; and
(b) Consulting with and advising the Composers of the music recorded with regard to the arrangement of main and end theme (s), bumpers, buttons, cues, trailers, and any and all other music pertaining to Program recorded or mixed at the afore-mentioned mixing session.
2. It is understood that Consultant shall be responsible for engaging the musicians, recording studio, and engineer.
3. All costs for musicians, recording studio, engineer, instrument rentals, cartage, and tape stock shall be paid by Company directly.
4. It is understood that Consultant shall receive screen credit for services rendered. Said credit shall be worded as:
5. Payment from Company to Consultant shall be [$------], to be paid upon completion of mixing session.
6. Once payment has been rendered, Company shall have no further obligations to Consultant, other than those herein.
7. Consultant hereby grants to Company all rights in and to the proceeds of consultants services hereunder perpetually and throughout the universe, and to use the proceeds thereof, in any manner or kind that Company may determine without any further compensation to Consultant of any kind.
8. The foregoing correctly reflects the mutual understanding between the parties hereto, on [Date].
9. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
10. Neither party has made any representations nor promises, other than those contained in this agreement or in some further writing signed by the party making the representation or promise.
11. 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 U.S. Mail. 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 [Consultant]:
[city, state, zip]
If to the [Comapny]:
[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.
12. 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.
13. Each individual party to this Agreement represents and warrants to each other party that such party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Agreement with legal counsel, and has executed this Agreement based upon such party's own judgment and advice of independent legal counsel.
14. This Agreement may be terminated before its initial term is completed by any party at any time, for any reason, provided that at least [--] days advance written notice of termination is given to the non-terminating party by the terminating party.
15. Any disputes pertaining to said contractual arrangement being affairs that cannot be settled amicably shall be submitted to an arbitrator under the Rules of the American Arbitration Association or like organization in the City of [city], whose award may be reduced to judgment in any court of competent jurisdiction.
16. This Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties.
17. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
18. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
19. Headings. The paragraph headings contained herein are for convenience of reference only and are not to be used in the construction or interpretation hereof.
20. Severance. The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof.
21. 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.
22. This Agreement supersedes any prior oral agreements between the parties.
23. Agreement Binding. This Agreement shall be binding upon the parties hereto and their respective heirs, administrators, successors, and assigns.
24. 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.
25. Applicable Law. This Agreement shall be governed by the laws of the State of [State].
26. 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].
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]