Hey guys, long time browser, seldom poster here. After much delayed construction and a few setbacks, my little studio is finally about to get its first clients. I've been sitting here at work trying to write up a reasonable standard contract to give my clients and I thought I'd ask for some opinions:
Recording/Production Agreement
This Agreement is to certify that the artist(s) known as _________________ (hereby referred to as “Artist”) and Dayn Peters, of G4Soundworks (hereby referred to as “Producer”) agree to the following terms:
1.Artist shall pay Producer $_____ per hour (with a minimum of $50) or $_______ one-time flat fee for any and all services rendered (hereby referred to as “Project”) by Producer, all of which will be itemized and billed at the discretion of the Producer.
2.The Artist agrees to make a deposit payment of no less than fifty dollars ($50) and no more than half of the estimated Project time as mutually determined by the Producer and Artist.
3.The Artist and Producer agree that the starting date of this Project shall be ___________, 20___ at __ o'clock __, and any further service dates shall be noted in an addendum to this contract.
4.Artist agrees to arrive promptly on location at the agreed upon dates and times set by Artist and Producer. Billing shall begin promptly at the agreed upon time, regardless of whether Artist is present. If the Artist fails to appear within one hour of the agreed upon time without contacting Producer to inform him of Artist's estimated arrival time, the Artist forfeits his studio time for the day and will be billed for one hour. If the Artist does contact Producer within this hour, Artist will be billed for any time leading up to his arrival.
5.The Artist agrees that any and all discs, tapes and digital files (i.e.- .wav, .aiff, .rpr, .cpr, etc.), including master copies of the Artist's work(s), shall remain the sole mechanical and intellectual property of the Producer and G4Soundworks until payment for services rendered has been received in full. At the time of payment the artist will receive up to four master copies of the Project. The Artist may also receive any other tapes, discs, and files retained by the Producer, however the Artist is responsible for obtaining his own media storage devices for said property. Upon full payment, the Producer shall relinquish all mechanical and intellectual rights to the Artist's Project.
6.The Artist agrees to give Producer due credit in any mass produced copies of the Project, such as liner notes and writing credits where applicable.
7.The Artist agrees to reimburse the Producer for any and all damages to Producer's property, including furniture and equipment, incurred during the Artist's billable time.
**(Had some bad experiences with local punk bands in the old place!)**
8.The Artist agrees to pay a portion of any funds required to obtain any equipment that the Producer does not own that both parties agree is necessary for the successful completion of the Project. The portion due by the Artist shall be agreed upon by both parties prior to the purchase of said equipment. If financially necessary, all or part of the sum received from the artist may be discounted from the final billable amount of the Project at the discretion of the Producer. Any equipment purchased in this manner shall remain the sole property of G4Soundworks.
Anything missing? I think I've covered my ass pretty well, but then I'm no lawyer.
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This is the way our contract looks This is the way our contract
This is the way our contract looks
This is the way our contract looks
I adjusted some of it,
let me know is somethings way wrong
PRODUCER'S LETTER OF AGREEMENT
Date:
This letter shall serve as our agreement in respect to Brad Haugen or BWMAC-RECORDING (hereinafter referred to as the "Producer") services in producing Master Recordings (hereinafter referred to as the
"Masters") of the recording artist(s) professionally known as ________________________________ (hereinafter referred to as the "Artist").
1. Term.
The term of this agreement shall commence as of the date hereof and shall continue until the completion of Producer's services.
2. Production.
(a) Recording sessions for the Masters shall be conducted by Producer under this Agreement at such times and places as shall be mutually designated by you and Producer. All individuals rendering services in connection with the recording of Masters shall be subject to your approval. You shall have the right and opportunity to have your representatives attend each such recording session. Each Master shall embody the performance by the Artist of a single musical composition designated by the Artist (subject to your approval, not to be unreasonably withheld) and shall be subject to your approval as technically satisfactory for the manufacture, broadcast and sale of CD recordings, and, upon your request, Producer shall re-record any musical composition or other selection until a Master technically satisfactory to you shall have been obtained, provided additional production costs will be paid by you. Producer agrees to begin pre- production, rehearsals, and recording on _____________________, 2007.
(b) Producer shall deliver to you a stereo Compact Disc recording suitable for duplication and manufacture of Compact Disc for the Master. All original session CD, rough mixes and any derivatives or reproductions thereof shall , at your election, remain at BWMAC-RECORDING recording studio in your name.
3. Masters.
All Masters produced hereunder, from the inception of the recording thereof, and all Compact Disc and other reproductions made therefrom, together with the performances embodied therein and all copyrights therein and thereto, and all renewals and extensions thereof, shall be entirely your property, free of any claims whatsoever by Producer or any other person or person engaged in the production of the Masters. (It being understood that for copyright purposes Producer and all persons rendering services in connection with such Masters shall be Contractors for hire and free from all copyrights that were not obtained by the artist).
4. Compensation.
(a) Conditioned upon Producer's full and faithful performance of all the terms and provisions hereof, you shall pay Producer, as an advance for any and all royalties payable by you to Producer hereunder, the sum of $ ________ DOLLARS payable upon commencement of recording, 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 BWMAC-RECORDING
or it's subsidiary or affiliate label or labels, Producer shall not receive a royalty in connection with the sale of such records;
5. Assistance.
Producer understands that you will also be presenting 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 of any major record company on your behalf in order to coordinate our respective efforts and agrees to contact on your behalf only those companies we mutually agree upon. In the event you enter into a record production agreement with a major label for the Masters recorded hereunder and the further services of "Artist" as a result of substantial efforts and negotiations by Producer with such company within the period of ONE YEAR following the completion of the Masters we agree to pay you a commission of (0%) of the actual cash advances (exclusive of recording budgets) received by you upon execution of said agreement. A major record company as defined herein shall be a company or corporation with gross sales of on million (1,000,000) units in the calendar year 2006.
6. Warranties.
Producer hereby warrants, represents, and agrees that he is under no disability, restriction, or other incumbency with respect to his right to execute and perform the services described in this Agreement.
7. Transferral.
You shall have the right, at your election, to discontinue the recording sessions, in which event the Producer shall not have to continue, and the artist will forfeit the advance with respect to the Masters produced at such other recording sessions.
8. Assignment.
We shall have the right, at our election, to assign any of our rights hereunder, in whole or part, to any subsidiary, affiliated, or related company, or to any person, firm or corporation acquiring rights in the Masters produced hereunder.
9. This Agreement.
(a) This contract sets forth the entire understanding of the parties hereto relating to the subject matter hereof. No amendment or modification of this contract shall be binding unless confirmed in writing by both parties.
(b) We shall not be deemed to be in breach of any of our obligations hereunder unless and until you have given us specific written notice of the nature of such breach and we have failed to cure such breach 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 country of Canada, and its validity, construction, interpretation, and legal effect shall be governed by the laws of Canada
(e) This contract shall not become binding and effective until signed by you and countersigned by a duly authorized agent of BWMAC-RECORDING. If the foregoing correctly reflects your understanding and agreement with us, please indicate by signing below.
Sincerely,
___________________
PRODUCER
Agreed and Accepted:
_______________________________
ARTIST
Ours was drawn up by my lawyer and runs three pages.
Ours was drawn up by my lawyer and runs three pages.