» Recording Contract

[tom]

14. ARTISTE'S LEAVING PROVISION
14.1 It is acknowledged that the Artiste currently comprises a group or person known under the professional name mentioned at the head of this Agreement and that although this Agreement covers the services of the Artiste primarily as the group (hereinafter called "the Group") performing under the said name it shall nevertheless extend to include individually and collectively subject to the provisions of this clause 18 and 19 set out below.
14.2 Should any member of the Artiste cease to be a member of the Group the Company may at the option of the Company terminate the Term of the Agreement insofar as it relates to:-
(a) such individual member of Artiste ceasing to be a member of the Group and/or
(b) the remaining members of the Group.
14.3 The Company's exercise of either of its options pursuant to sub-clause 14.2 above shall be exerciseable by written notice given following a change in the Group membership but not later than three (3) months after the Company has received written notice of such fact.
14.4 If any other person joins the Group (whether or not any member of the Artiste herein named shall cease to be a member) the Artiste shall procure such joining member shall become party to this Agreement and shall sign any document required by the Company to give effect to this provision.
14.5 If the Company elects not to terminate in such event as to such individual resigning or ceasing to be a member this Agreement will continue in full force and effect as to such individual who will be requested so to do by the Company within the said three (3) month period enter into a separate agreement with the Company upon the same terms and conditions (mutatis mutandis) as are herein set forth for the unexpired portion of the Term hereof.

[tom]

15. DEFINITIONS
In this Agreement the following expressions shall have the following meanings:-
15.1 "Album" shall mean one twelve inch thirty-three and one third rpm record or the equivalent thereof (cd or mp3 download) sold in a single package with an aggregate continuous playing time of not less than forty-five minutes.
15.2 "Contract Period" shall mean the longer of six calendar months (or in the case of the First Contract Period six (6) calendar months) or one hundred and eighty (180) days from the date of Delivery of the Minimum Recording Commitment to be recorded by the Artiste during each such Contract Period PROVIDED ALWAYS that notwithstanding anything to the contrary herein contained the duration of any Contract Period shall not exceed three (3) years.
15.5 "Masters" shall mean all original recordings recorded during the Term of this Agreement embodying the performances of the Artiste and any other recordings delivered to the Company hereunder embodying the performances of the Artiste.
15.6 "Minimum Recording Commitment" shall mean the number of Masters to be recorded for the Company during each Contract Period as specified in clause 4.1 above
15.7 "Record" "Records" shall have the meaning attributed thereto by the Copyright Designs and Patents Act 1988 and in addition thereto such additional meanings as hereinafter appearing including without limitation all conventional types of gramophone records now in use (including without limitation compact discs and compact disc videos) as well as tape recordings of all types and any other products and devices now known or unknown by which sound alone or sound coupled with visual images may be recorded for laser instrument or device or via radio television or any other medium whether now known or unknown including without limitation to the foregoing cinematograph film soundtracks and videotapes and any other device by which both visual images and sound may be transmitted to an audience simultaneously or by which the Artiste's performances may be recorded for such use.
15.8 "Recordings" shall mean original sound recordings embodying Masters or combination of sound recordings embodying Masters whether recorded together with visual images or not and whether on compact disc or compiled as a digital download or any other substance or material now known or unknown.
15.9 "Services" shall mean all of the services which the Artiste is required to perform hereunder including without limitation performing recording and delivery of masters hereunder the performance recording and delivery of audio-visual performances of the Artiste hereunder.
15.11 "Term" shall mean that period(s) specified in clause 3 above.

15.12 "Territory" shall mean the world and all its territories.
16. STATUS
Nothing contained in this Agreement shall be construed as a partnership or contract of employment or agency between the Company and the Artiste and no variation of this Agreement shall be binding unless made in writing and signed by both the Artiste and the person duly authorized to make such variation on the part of the Company.
17. NOTICES
Any notice required to be given on pursuance of this Agreement shall be given by recorded or registered delivery pre-paid letter post to the party to whom the same is addressed at the address mentioned in this Agreement or to the last known address of the party to be served with such notice and shall be deemed properly served given forty-eight (48) hours from the date of dispatch of same.
18. MISCELLANEOUS
18.1 Each option and/or election granted to the Company under the terms of this Agreement including without limitation to suspend the running of one or more periods of time specified in this Agreement to extend the Term of this Agreement or otherwise is separate and distinct and the exercise of any other option or election shall not operate as a waiver of any other option or election unless specifically so stated by the Company in its notice of exercise of such option or election.
18.2 Breach of this Agreement on the part of the Company shall be deemed material unless the Artiste shall have given the Company notice of such breach and the Company shall fail to discontinue the practice complained of (if a practice of the Company is the basis of the claim of breach) or otherwise remedy such breach within thirty (30) days after receipt of such notice of such breach is reasonably capable of being fully remedied within such thirty (30) day period and proceeds with reasonable diligence to complete the remedying of such breach.
18.3 The Company has not made and does not hereby make any representation or warranty with respect to the extent of the sale of records embodying Masters.
18.4 In the event that a winding-up Petition is lodged against the Company and not discharged within twenty-one (21) days or the Company goes into liquidation (other than a voluntary liquidation without insolvency for the purposes of reconstruction of amalgamation) then the Term hereof shall automatically expire.

18.5 The Artiste takes full responsibility for any undeclared samples or audio files that are illegal or unlicensed to use in this recording. Any legal action taken will lie with the Artiste, the Company accepts no responsibility.

19. JURISDICTION
This Agreement shall be governed by English Law and the High Court of Justice in England shall be the court of jurisdiction.
IN WITNESS whereof the parties hereto have set their hands the day and the year first before written.
SIGNED BY

For and on behalf of the Company in the presence of:
SIGNED By the said in the presence of:-

[tom]

you asked for it

[Mong]

haha, I quickly scanned this first and then i will read it properly.

What exactly is this deal for? i.e. one track, one ep or a lot more if so how much and can you deliver the volume and quality they want?

[tom]

at the moment, it is for 2 tunes I have already finished, and maybe 2 more that are unfinished (and old ).

[Danny Lee]

epic news mate - im shit at this kinda thing so cant help but defo wanted to say well done!

[tom]

cheers mang

[Mong]

Originally Posted by tom

at the moment, it is for 2 tunes I have already finished, and maybe 2 more that are unfinished (and old ).

They need to be in the contract.

Will say more shortly.

[sproggy]

Would dearly love to have the time to digest that and offer an opinion Tom. Can't do now tho. Any time-scale on sealing this deal m8?

[tom]

Well, that's the one he sent me over tinternet. He's posted a copy to me, but is going on holiday for 10days, so I spose I have a while.