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CONTRACT CONTENTS

ARTICLE I

  • PERFORMANCE AND RECORDING
  • RIGHTS GRANTED
  • ROYALTIES AND PAYMENTS
  • COMPETING AND FUTURE RECORDINGS
  • BAND’S WARRANTIES
  • OPTION

ARTICLE II

  • GENERAL PROVISIONS

CONTRACT SAMPLE

This ‘BAND RECORDING AGREEMENT’ (this “Agreement”) is made by and entered into between [NAME] (the “Company”) and [BAND NAME] (the “Band”), and is executed as a binding agreement as of the Effective Date (Company and Band are sometimes herein referred to collectively as the “Parties” or individually as a “Party”).

BACKGROUND AND PURPOSE

WHEREAS the parties mutually desire the tendering of personal services in connection with the production of recordings and records embodying the performances by the Band.

NOW THEREFORE, in consideration of the mutual promises and other good and valuable consideration considered hereinafter, the receipt and sufficiency of which are acknowledged by the Parties, the Company and the Band agree as follows:

 

ARTICLE I

  1. PERFORMANCE AND RECORDING

This agreement shall remain in effect for a period of [NUMBER] ([#]) of years from the Effective Date, and during that period the Band will, at mutually convenient times, come to and perform at the Company’s recording studios for the purpose of recording [NUMBER] ([#]) selections.

  1. RIGHTS GRANTED

The Band grants to the Company, its associates, subsidiaries, nominees, successors and assigns:

(a) The right to manufacture, advertise, sell, lease, license or otherwise use or dispose of in any or all fields of use, throughout the world, or to refrain there from, throughout the world or any part thereof, records embodying the performances to be recorded hereunder, upon such terms and conditions as the Company may approve;

(b) The right to use the Band’s name, likeness and biographical material, if desired, in connection with the manufacture, use and/or sale of and in connection with the exploitation of any such recordings and records; and

(c) All rights in and to the matrices and records, and the use and control thereof, upon which are reproduced the performances to be recorded hereunder.

  1. ROYALTIES AND PAYMENTS

3.1.       The Company will pay the Band for the rights granted herein and the services to be rendered hereunder by the Band a royalty of [AMOUNT] cents ([$0.##]) for each double-faced record manufactured and sold throughout the world by the Company or its associates, subsidiaries, nominees, successors and assigns, on both faces of which are embodied any of the selections recorded hereunder.

3.2.       Furthermore, in case of records manufactured and sold by the Company on only one face of which is embodied a selection recorded hereunder, the amount of royalty shall be one-half of the amount set forth above, excepting in cases where the recording shall be of full length on one side (in such case as a Compact Disk).

3.3.       Payment of accrued royalties shall be made semi-annually and for each successive period of six (6) months, and shall be paid on the fifteenth (15th) day of [MONTH] and [MONTH] of each year. The Company, however, shall have the right to deduct from the amount of any statements, or accounts of royalties due, the amount of royalties previously paid to the Band or records subsequently returned, either as defective or on exchange proposition.

[OPTIONAL PROVISION]

3.4.       The Company shall make all payments to the Band for recordings within [DAYS] ([##]) days of the recording sessions.

  1. COMPETING AND FUTURE RECORDINGS

The Band hereby understands and agrees that:

(a)  During the term of this agreement, and all extensions and renewals thereof, the Band will not perform for any other person, firm or corporation, for the purpose of producing commercial sound records;

(b)  After the expiration of this Agreement the Band will not record for other person, firm or corporation any of the musical selections recorded hereunder;

(c)  After the expiration of this Agreement the Band shall not perform any musical selections recorded for any other person, firm or corporation for a period of [NUMBER] ([#]) years after Company’s recording is made; and

(d)  In the event of a breach of this covenant, the Company shall be entitled to an injunction to enforce same, in addition to any other remedies available to it.

  1. BAND’S WARRANTIES

The Band hereby warrants that he has no oral or written obligations contracts, or agreements of whatever nature entered into prior to the signing of this agreement which are now in force and binding and which would in any way interfere with carrying out this agreement to its full intent and purpose.

Continued…

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