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This agreement is made and entered into as of this __________ day of ___________________________ , 2017 by and between Mind RAGE Music (hereinafter referred to as “the Studio”), and ____________________________________ ________________________________________ (hereinafter referred to as “the Artist(s)”). It is applicable towards the following services: ___________________________________________________________________________________ ______________________________________________________________________. This agreement is in exchange for a total of $______________________________________ that is to be transferred to Louis Nunziato directly. The contents of this agreement herein are applicable to the services of the Studio on behalf of bookings for the Artist from this date to the completion of the project. For and in consideration of the mutual promises and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
(1.) Studio terms/conditions:
A. The Studio will fully provide all equipment to digitally record the Artist.
B. An official Studio engineer will be present for the entire duration of dates booked for the Artist’s recording.
C. The return of any Materials executed by the Studio to the Artist is at the full discretion of the Studio.
D. The Studio withholds the right to evict the Artist at any time, for any reason from the grounds.
E. For the purposes of promoting its business activities, the Studio shall have the following non-exclusive worldwide rights in perpetuity: (i) the right to use the Artist’s name (both legal and professional, and whether presently or hereafter used by the Artist), likeness, videos, other identification, and biographical material concerning the Artist; (ii) the right to include any Materials, or portions thereof, recorded hereunder on the Studio’s web site and on demo tapes, CDs (or in other configurations now known or hereafter invented) distributed by the Studio at no charge for promotional purposes.
F. "Materials" as used in this paragraph means any musical, artistic and literary materials, ideas, and other intellectual properties, furnished by the Artist and contained in or used in connection with any recordings made hereunder or the packaging, sale distribution, advertising, publicizing, or other exploitation thereof. The Artist shall indemnify, save, and hold the Studio and the Studio’s designees harmless from any and all damages, liabilities, costs, losses and expenses (including attorney's fees) arising out of or in connection with any claim, demand or action by a third party which is inconsistent with any of the warranties, representations, or covenants made by the Artist in this contract. The Artist shall reimburse the Studio, upon demand, for any payment made by the Studio or the Studio’s designees at any time with respect to any such damage, liability, cost, loss or expense to which the foregoing indemnity applies.
G. The Studio shall endeavor to secure any property other than recording media that the Band leaves on the premises, but the Studio is not responsible for loss due to theft, fire, act of God, or any other un-named occurrence. Any property left on the Studio's premises 10 days after completion of a recording session or service shall become property of the Studio.
H. The Studio shall not release Materials to the Artist until all monies due to the Studio have been paid in full.
I. The Studio operates strictly by appointment only.
K. The studio is under no obligation to keep a backup of the Artist's Materials. It is the Artist's responsibility to maintain all delivered Materials.
L. Drugs and narcotics are not permitted in the studio under any condition. Exceptions for medically prescribed drugs require the Studio's explicit consent. Artists using drugs or narcotics may be immediately evicted from the grounds. In this case the Studio may elect to refuse delivery of the Artist's materials. The Artist is not entitled to a refund.
M. The allowance for the Artist to consume beer/liquor is at the full discretion of the Studio, and requires the Studio's explicit permission. Artists consuming alcohol without permission or revoked permission may be immediately evicted from the grounds. In this case the Studio may elect to refuse delivery of the Artist's materials. The Artist is not entitled to a refund.
N. The Artist is responsible to compensate for any and all negligent damages caused by the Artist to the Studio's premise or equipment. If said damage disables the Studio from operating, the Artist will be required to pay the Studio a fee: three hundred dollars ($300) for each day the studio is unable to operate for profit. This fee compensates the Studio's operational costs and DOES NOT count toward the payment of the negligent damages. This fee continues until all negligent damages are paid in full.
O. If you are not completely satisfied with our service at any point during recording or mixing, you may choose to receive a full refund of any monies already paid! At this point all material from the recording session(s) becomes the sole property of Mind RAGE Music and the client is not entitled to any form of the recorded project, either physical or digital. The client retains all applicable copyrights for their original material except as provided for in this contract. If at any point the client removes any session material from the studio, either physical, digital or any other form, the client forfeits their right to any refund. Money back guarantee does not apply to package deals.
(2.) Responsibilities of the Artist:
A. Only those who are directly involved in the recording process may be present on the studio property.
B. It is the soul responsibility of the Artist to procure permission to use any copyrighted materials.
C. The Artist is responsible for supplying their own instruments and gear (unless previously agreed upon between the Studio and the Artist.)
D. The Artist will pay remaining balance daily upon completion of the services performed by the Studio.
E. Instruments and gear must be in perfect working order (instruments must be set-up and intonated)
F. The Artist is to show up on time. Time will be charged from the start time of the scheduled session time whether the Artist is present at that time or not.
G. If the Artist requests to reschedule, the Studio must receive notification a minimum of 24 hours ahead of time or may be charged a fee of no more than $50 at the discretion of the studio. This notification may be in the form of an email or text. The Studio is not liable for any financial compensation or legal action the Artist requests.
H. The Artist is not applicable for any reimbursement of payment for rescheduling or cancellation.
I. In the event the Artist is injured during the duration of their scheduled studio time, or on the Studio’s grounds, the Studio is in no way responsible for any expenses in correlation with the incident, and is at no legal obligation to compensate for any expenses the Artist requests.
ACKNOWLEDGEMENTS AND SIGNATURES
I ACKNOWLEDGE THAT I HAVE BEEN ADVISED OF MY RIGHT TO RETAIN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NEGOTIATION, LEGAL EFFECT AND MEANING OF THIS AND ANY OTHER AGREEMENT PERTAINING TO THE STUDIO, AND THAT I HAVE EITHER DONE SO OR KNOWINGLY AND VOLUNTARILY WAIVED SUCH RIGHT. THE SIGNATURE BELOW CONFIRMS THE PARTY’S UNDERSTANDING OF THIS AGREEMENT IN FULL.
ACCEPTED AND AGREED TO:
_____________________________________________________ _____________ /_____________ / 2017 Louis Nunziato on behalf of the Studio Date
____________________________________________________ _____________ /_____________ / 2017 Sign on behalf of the artist or band Date
____________________________________________________ ______________________@_____________ Printed Name Email Address
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