Commercial Music Contract

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This is an agreement in which an advertising agency agrees to produce commercial music that is to be broadcasted on television or radio. This document can be customized to fit the needs of the parties. Customizable clauses include: the musical style, vocals, commercial length, recommended lyrics, delivery, and payments. This document is ideal for small businesses or other entities who want to hire an advertising agency to produce music for a commercial.

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									This is an agreement in which an advertising agency agrees to produce commercial
music that is to be broadcasted on television or radio. This document can be
customized to fit the needs of the parties. Customizable clauses include: the musical
style, vocals, commercial length, recommended lyrics, delivery, and payments. This
document is ideal for small businesses or other entities who want to hire an advertising
agency to produce music for a commercial.
                  COMMERCIAL MUSIC AGREEMENT

THIS COMMERCIAL MUSIC AGREEMENT (the “Agreement”) made on this _______ day of
________________, 201____, by and between _________________________, [NAME OF
PERSON OR BUSINESS BUYING THE ADVERTISEMENT] whose offices are located at
________________________ (the "Purchaser") and _________________, [NAME OF
PERSON OR BUSINESS MAKING THE ADVERTISEMENT] whose offices are located at
________________________ (the "Producer").


In consideration of the covenants and obligations contained herein the Purchaser and the
Producer represent and agree as follows:


1.       SERVICES

The Producer hereby agrees to produce and deliver to the Purchaser a radio/television
[SPECIFY WHICH] Commercial Package consisting of the following:

[Instruction: describe particulars of the ad that is to be produced]


2.       COMMERCIAL PACKAGE

         (a)      The musical style of the commercial package is: ________ [SPECIFY: e.g.,
                  ROCK, POP, COUNTRY, EASY LISTENING, ORCHESTRAL, ETC.]

         (b)      The vocal style of the commercial package is:
                  ____________ [SPECIFY: MALE VOCAL, FEMALE VOCAL, MIXED,
                  W/BACKGROUND, ETC.].

         (c)      The length(s) of the Commercial(s) is/are _____ seconds long.

         (d)    The recommended lyrics or voice-over for the Commercial Package are as
         follows:


     Introduction:     _______________________________________________
                 _______________________________________________

     Bed:________________________________________________________
         ________________________________________________________

     Exit:________________________________________________________
         ________________________________________________________


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     Additional Notes: ___________________________________________
                       ___________________________________________


3.       DELIVERY

The Producer agrees to produce and deliver to the Purchaser the commercial within
_____________ days from the date of this Agreement. Producer agrees to provide Purchaser, at
no additional cost, one reel-to-reel version, one digital copy, and one cassette version of the
commercial package.
{Instruction: The above terms may be modified, to increase or decrease the number and
type(s) of media that will be provided for the base contract price.}

Additional tapes may be purchased at the following rate:


         (a)      Reel-to-reel copies at $ _______ each
         (b)      cassette copies at     $ _______ each
         (c)      digital copies at      $ ________ each


4.       PROPRIETARY RIGHTS

Producer shall retain all rights and copyrights to the music, melody and lyrics in and to the
commercial. The rights to use the music, melody and lyrics is only to be LEASED to the
Purchaser for the term of this agreement. Purchaser has the option at any time during the term of
this Agreement to purchase from the Producer all rights and copyrights to the music, melody and
lyrics of the commercial by paying an amount of $__________. Upon payment of this amount
Producer will relinquish and release to Purchaser all rights and copyrights worldwide to the
performance and ownership.


5.       TERM

This Agreement shall commence from the date first above written, and shall continue for a
period of ______ year(s)/months {Instruction: specify if term is for months or years. Delete or
cross out the term that does NOT apply.}. Purchaser may renew this Agreement for an
additional period of ______ years/months under the same terms and conditions as outlined in
this Agreement.


6.       WARRANTY AND INDEMNIFICATION

Producer hereby warrants and represents that the music, melody, and lyrics of the commercial is
original and it shall not infringe on the rights or copyrights of other persons. Producer agrees to



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defend and indemnify Purchaser against any proceedings instituted against Purchaser for
copyright infringement. All costs of any such legal proceedings will be borne entirely by the
Producer.


7.       RESTRICTIONS

Producer agrees not to license the music, melody or lyrics embodied in the commercial to any
other person, firm or corporation within a radius of ONE HUNDRED (100) miles from the
Purchaser's broadcast center.


8.       ASSIGNMENT

Transfer, sale or reassignment of this lease by Purchaser is strictly forbidden without the prior
written consent of Producer.


9.       PAYMENTS

The Purchaser agrees to pay a price of $________ per year for the exclusive right to use and re-
use the commercial package. This price is exclusive of sales or any other taxes due payable
from the sale of this license. This Price shall be paid as follows:

         (a)     A deposit of $ __________ shall be paid to Producer at the time of the execution
         of this Agreement;

         (b)      the balance due to Producer shall be paid within ______________ days of the
                  delivery and receipt by Purchaser of the completed commercial package.

         (c)      If Purchaser does NOT pay the entire amount due to Producer within _____ days
                  of the delivery, Purchaser will forfeit all rights to use the commercial package in
                  any manner or fashion, until such time as payment in full is completed. Such
                  forfeiture does not in any way waive Producer's rights to any other relief or
                  damages.


10.      NOTICES

All notices given pursuant to this Agreement shall be in writing and may be hand delivered, or
shall be deemed received within five (5) business days after mailing if sent by registered or
certified mail, return receipt requested. If any notice is sent by facsimile, confirmation copies
must be sent by U.S. Mail or hand delivery to the specified address. Either party may from time-
to-time change its Notice Address by written notice to the other party.

If to Purchaser:



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_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________

If to Producer:

__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________


11.      ENTIRE AGREEMENT

This agreement shall constitute the entire understanding between the parties with respect to the
subject matter of this agreement.


12.      GOVERNING LAW

This agreement shall be deemed made in and shall be construed in accordance with the laws of
the State of ___________________.


13.      DISPUTE RESOLUTION

Any controversy or claim arising out of or in relation to this Agreement or the validity,
construction or performance of this Agreement, or the breach thereof, shall be resolved by
arbitration in accordance with the rules of the American Arbitration Association (AAA) under its
jurisdiction in the state of _________________ before a single arbitrator. The parties shall have
the right to engage in pre-hearing discovery in connection with such arbitration proceedings. The
parties agree hereto that they will abide by and perform any award rendered in any arbitration
conducted pursuant hereto, that any court having jurisdiction thereof may issue a judgment based
upon such award and that the prevailing party in such arbitration and/or confirmation proceeding
shall be entitled to recover its reasonable attorneys' fees and expenses. The arbitration award
shall be final, binding and non-appealable. The Parties agree to accept service of process in
accordance with the AAA Rules.


14.      SEVERABILITY

If any part of this agreement shall be invalid or unenforceable, it shall not affect the validity of
the balance of this agreement, and any such portion shall be deemed to be severed.




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IN WITNESS WHEREOF, the parties have executed this Agreement by their respective, duly
authorized representatives as of the date first above written.




PRODUCER:

BY: ______________________________________

DATE:_________________,201___

Print Name:
Title:
Address:
Telephone No.:

PURCHASER:

BY: _______________________________________

DATE:________________, 201___

Print Name:
Title:
Address:
Telephone No.:
E-mail:




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