Professional Documents
Culture Documents
Exclusive Agreement
RELEASE AGREEMENT
DATE:
TERRITORY: Worldwide.
ARTIST NAME:
ADDRESS:
POSTAL CODE:
CITY:
COUNTRY:
NUMBER ID:
EMAIL:
(the "Artist").
TITTLE:
COMPOSED BY:
CHANNEL / LABEL: The Master Recording will initially be released, distributed, and
marketed as a Zil Media LLC release.
1
RIGHTS/OWNERSHIP: Artist hereby assigns and license to Company all rights and title in
and to the Master Recordings by the Artist as set out in Schedule
A here to. The company shall have the right to exploit the Master
Recordings in any format or by any method (whether now known
or hereafter devised) without any restrictions in time or territory.
This includes synchronization rights based on the same net profit
splits as on sales.
ROYALTY ON SALES: The label will commercially exploit the master recording for digital
or physical purchase or/and exploit the license. Artist shall be
entitled to 50% of the Net Profits earned from such exploitation. If
the label does decide to commercially exploit the master recording
for digital or physical purchase, Label will not be obligated to make
royalty payments to Artist until Artists’s royalty payments are in
excess of One Hundred (100) United States Dollars.
2
“Net Profits” shall mean gross amounts received by Company
from the exploitation of the Master Recordings in any media or
configuration now known or hereafter devised, through a third
party (3rd party license) and including all digital and physical
exploitations whether directly or through a third-party license
(“Gross Receipts”), less the following cost which shall be
deducted “off the top” prior to the split of Net Profits, but excluding
Advances which shall be recoupable solely from Artist's share of
Net Profits;
LICENSES: Label, in its sole discretion, will determine if the master recording
shall be licensed to another label, collective, individual, or any
other third party. Should label License the master recording to any
third party.
USE OF NAME & Artist grants Zil Media the right to use Artist’s likeness,
LIKENESS: photograph, and biographical material and the like.
all costs and expenses with respect to the making of the Subject
Content have been paid by you; none of the Subject Content
acquired by Label hereunder (including, without limitation, the
performances embodied on the Master Recording) nor any use of
the Subject Content by Label or its grantees, licensees or assigns
will violate or infringe upon the rights of any person and/or entity;
Artist further warrants and represents that they personally will not
upload nor authorize any other company, channel, collective,
label, organization, individual or third party to upload the master
recording to their Mixcloud, Soundcloud, Youtube accounts or any
other audio streaming platform without the express written consent
3
of label. Artist acknowledges that a breach of this warranty and
representation will cause irreparable harm to the label.
INDEMNIFICATION: Artist will indemnify and hold Record Company harmless from any
and all third party claims, liabilities, losses, costs or expenses
(including, without limitation, attorney fees) that are incurred that
arises out of or relating to Artist’s acts and/or omissions that occur
hereunder and/or arising out of any breach or anticipated breach
by Artist of any warranty, representation or agreement made by
Artist herein.
SEVERABILITY CLAUSE: If any provision hereof shall be for any reason be deemed illegal
or unenforceable, it shall not affect the validity or enforceability of
the remaining provisions hereof. Furthermore, if one of the clauses
herein is breached by either one of the parties, the remainder of
the contract shall retain its validity and enforceability.
CONFIDENTIALITY: The existence of this term sheet, its provisions, and the
discussions between the parties and their respective agents shall
be held in confidence by Artist in accordance with standard
confidentiality terms. Artist will maintain all confidential information
developed or learned hereunder in confidence in accordance with
standard confidentiality terms.
LEGAL ADVICE: Artist acknowledges that Artist has had the opportunity to consult
legal counsel in regard to this Agreement, has read and
understands this Agreement, is fully aware of its legal effect, and
has entered into it freely and voluntarily and not on any
representations or promises other than those contained in this
Agreement.
4
This Agreement shall be governed by and construed in
accordance with the laws of the United States and the courts of
Wyoming shall reside over any proceedings. In the event of any
dispute relating to this Agreement, the Parties agree to initially
make a full and good faith attempt to resolve such dispute by
negotiation, to the extent reasonable under the circumstances,
before initiating a judicial procedure. Any dispute, controversy, or
claim arising out of or in connection with this Agreement, or the
breach, termination, or invalidity thereof, shall be finally settled by
United States courts.
This Agreement has been executed in one (1) copies of which Parties have received one copy
each.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
hereinabove the first written:
ARTIST/S:
______________________
DATE:
LEGAL NAME:
LABEL REPRESENTANT:
______________________
DATE:
LEGAL NAME: