ARTIST RECORDING AGREEMENT

ARTIST RECORDING AGREEMENT

The following shall constitute an agreement (“Agreement”) between _______________________________ (“Company”) and _______________________ (“Artist”) with respect to Artist exclusively recording for Company, during the term (“Term”) of this Agreement and master recordings embodying Artist performances (“Master or Masters”).

  1. ENGAGEMENT: Company hereby engages Artist to render such services as it may require in the recording of Masters and the production of Records and Artist hereby accepts such engagement and agrees to render such services exclusively in the Territory.
  2. RECORDING REQUIREMENTS: During the respective Contract Period, Artist agrees to record for Company sufficient Masters to comprise a minimum of one (1) long-playing phonograph record album (LP). Company shall have the right and opportunity to have a representative attend each recording session. An LP shall comprise no less than ten (10) or more than fourteen (14) Masters.
  3. RECORD PRODUCTION, EXPENSES & ADVANCES:
  4. a) No recording sessions shall be commenced hereunder nor shall any commitments be made or costs incurred in connection therewith unless and until a proposed budget for the Masters shall be submitted by Artist in writing and approved by Company. Company shall have final decision on all money to be spent on all recording costs (“Recording Costs”).
  5. b) All Advances paid or payable by Company under this Agreement shall be charged against the record royalties or monies, excluding mechanical royalties, payable to Artist under this Agreement.
  6. c) Artist represents it will cooperate with publicity and promotional efforts of the Company to support sales of the record by appearing from time to time as requested by Company. If travel is required outside of Artist’s county of residence, then Company shall pay for the costs of transportation and such costs shall be considered Expenses under this Agreement.
  7. ARTWORK: In connection with artwork prepared for use with the Masters delivered hereunder, and subject to time restrictions imposed by Company’s distributor, an Outside Artist shall be entitled to submit for our approval, proposed front cover art designs and/or Artist’s ideas therefor.
  8. ROYALTIES: Company agrees to pay royalties to Artist for each unit sold, according to the following schedule:
  9. Company shall pay to Artist as a royalty, fifty percent (50%) of the Net Receipts received by Company, from exploitation of the Masters and fifty percent (50%) of any flat fee received by Company for licensing.
  10. The royalties shall be computed in the national currency of the United States of America and shall be paid to Artist in United States currency at the rate of exchange prevailing on the date payment is made or, if higher, at the rate of exchange at the business day that payment should have been in accordance with this Agreement. c. Net Receipts shall mean Gross Receipts received by Company less Expenses.
  11. No royalties shall be payable on Records
  12. i) Furnished as free or bonus Records to members, applicants, or other participants in any record club or other direct mail distribution method which shall be specifically limited to two [2] per ten [10] sold.
  13. ii) On Records distributed for promotional purposes to radio stations, television stations or networks, record reviewers or other customary recipients of promotional Records; on so-called “promotional sampler” Records.
  14. ROYALTY ACCOUNTING:
  15. a) Statements as to royalties payable hereunder shall be sent by Company to Artist on or before the thirtieth day of September of the semi-annual period ending the preceding June 30.
  16. b) No royalties shall be payable to Artist in respect of sales of Records by any of Company’s distributors or licensees until payment therefor has been received by us or credited to us.
  17. NAME & LIKENESS:
  18. a) During the Term of this Agreement and for as long as Company shall be entitled to sell the Records derived from Masters produced under this Agreement, Artist hereby licenses to Company the right, and to license others the right, to use Artists’ name, likeness, voice, biographical material or other identification for use in association with any promotion, marketing or advertising.
  19. MASTER RIGHTS: All songs recorded and/or submitted during the Term shall be recorded by Artist on Company’s behalf and all Records made therefrom, together with the performances embodied therein, shall, from the inception of their creation, be licensed to Company.
  20. SUSPENSION AND DEFAULT:
  21. a) Company reserves the right by written notice to Artist to suspend its obligation hereunder and/or to extend the expiration date of the then-current Contract Period.
  22. b) In the event of any default or breach by Artist in the performance of any of Artist’s obligation or warranties hereunder, Company, by written notice to Artist, in addition to any other rights or remedies which it may have at law or otherwise, at its election, may terminate the Term or may suspend its obligations.
  23. NOTICES: All notices hereunder required to be given to Company shall be sent to Company at its address herein and all royalty statements (and payments) and all notices to Artist shall be sent to Artist as Artist’s address or such other address as each party respectively may hereafter designate by notice in writing to each other.
  24. AMENDMENT: This writing sets forth the entire understanding between the parties with respect to the subject matter hereof, and no modification, amendment, waiver termination or discharge of this agreement shall be binding upon the Company unless confirmed by a written instrument signed by an authorized officer of the Company.
  25. OBLIGATIONS OF COMPANY: Company represents its intention to promote the recordings embodied in the master recording as specified in Exhibit C.

The effective date of this Agreement shall be the _____ day of _____________________, ____________.  

Record Company

By:____________________________

_______________________________, President

ARTIST:

________________________________

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