Music Production Contract
This Agreement made and entered by and between MakeMyRecord.com (hereinafter referred to a “Producer”) and party acknowledging and accepting these terms (hereinafter referred to as “Composer”).
FOR, AND IN CONSIDERATION OF, the promises and the mutual covenants contained herein, Producer and Composer do hereby agree as follows:
- Composer hereby engages the services of Producer to produce for Composer, musical productions of the Composer’s original musical composition(s) (hereinafter referred to as “Recordings”) in the manner or effect similar to the genres of music rendered on the examples on the MakeMyRecord.com website. The terms and scope of the selected production package by Composer is subject to these terms and conditions. Depending on the complexity of the piece, the Recordings are estimated to take 2-weeks to be produced, subject to changes or other unforeseen production issues.
- In consideration for Producer’s services hereunder, Composer agrees to pay Producer the fees in advance indicated by the Composer for the particular production package selected by the Composer. Composer agrees that fees are non-refundable once paid.
- The Recordings and all intellectual property of original compositions shall vest in and remain the property of Producer until all money due Producer by Composer are received and retained by Producer and finished composition is delivered to Composer. Once paid and delivered, all intellectual property rights shall be deemed transferred to the Composer with the corresponding music file(s).
- Producer and Composer acknowledge and agree that this agreement between them may not cover every situation and circumstance that may arise in the future concerning the Recordings, or increased scope of production. In such an event, Producer and Composer agree to discuss and negotiate any such situation or circumstance in good faith, toward the goal of reaching a mutually satisfactory resolution thereof, consistent with the spirit and intent of this agreement.
- This agreement shall be governed by the laws of the state of California regarding contracts executed and wholly to be performed within this state. To the extent that any claim in non-arbitrable, the parties to this agreement specifically consent to the exclusive jurisdiction of the state or federal courts located in the State of California related to any disputes arising out of or related to this agreement. In the event that Composer seeks to bring a claim against Producer or its Principals, Composer waives all rights, if any, to participate in any class action or group action adverse to Producer or its principals or members for any reason and shall bring claims, if any, as an individual. The parties shall participate in alternative dispute resolution through mediation and/or arbitration if not resolved, through binding arbitration and such process shall be administered by the American Arbitration Association and its related commercial rules, and such hearing shall be located in Orange County, California. The parties shall split the costs of the arbitration and be responsible for their own attorneys’ fees.
- Class Action Waiver. The parties further agree that the resolution of any disputes between the parties shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Producer may, at its discretion, use any of the production of the Recordings for promotional purposes on its website or other advertising medium, and Composer irrevocably consents to the same.
- Composer expressly consents to the Producer using an automatic telephone dialing system (ATDS) to text or call Composer at the discretion of Producer, and consents to calling and/or texting Composer for contract and production related purposes.
- This agreement may not be altered without the expressed written consent of all parties involved.
- Producer expressly disclaims all warranties, express or implied, including the implied warranty of merchantability related to and service provided under this agreement. Further, the sole remedy, if any, of any claim arising out of or related to this agreement shall be limited to a refund of the fees paid by Composer under any proven theory in contract, tort, law or equity.
