Or, download the standard PDF template.
A singer contract is an agreement document that is necessary for every singer. This type of contract is often tedious which makes it very essential. It is vital because it protects the interest of the two parties involved. It makes sure that the two parties involved enjoy the advantages of the music business.
Also, this contract makes sure that the individual rights of both the freelancer and the client are protected. However, the right information should be included. This act will aid a concrete agreement for the freelancing business. Therefore, resulting in an easy and well-executed freelancing service.
1. A singer contract template document
This contract could be between a band and its band management or a recording company and a freelancing artist. No matter the collaboration, the major elements contained in a singer contract are similar to any other artist's collaboration. This includes the percentage of the cash for everyone that is involved in the music, talent and commercial benefits for the talents.
Similar to other forms of contract, the singer contract is the kind of document that binds two parties together like the artist and the recording label representative. This contract is always a legal and documented type of agreement, not just a verbal one. The role played by the artist is to make the music. While the role played by the recording label is to sell the album or song. The Singer contract then brings their interest together with the signed document.
2. Advertising section in the singer contract template
Mall tour and playing a selected cut from the music for free would promote songs. This is also a way of bringing the song to the awareness of the audience and entice them to either buy or download the music.
Platforms like Television and Radio Stations are used to promote the song and the artist. This could be done by playing a few gigs which are determined by the music label representative. This is done in order to benefit from the huge impact it has on the audience. However, this should be clearly stated in the document.
You should have known that your business in this kind of contract is bound only to that label record. This means that your products are to be recorded and distributed by the client. Everything the freelancer does carry the label name in performance and appearance. As a benefit from promotions, a certain percentage of all sales usually goes to the record company.
Most times, some freelancers loss interest in their record label and want to get out of the legally binding contract but find it very difficult. For this reason, freelance artists must be very careful while signing a contract.
The artist must carefully read and understand every detail in the contract before appending his signature. This must be done so that you know what is binding on you as a freelancer. However, if you don't understand how it works. Then you should download the template of the singer contract from Bonsai to assist you.
Since the contract involves more than one person then the basic and well-detailed information of the two parties must be listed. Information like the names and detail for identification. Then the contract pertinent details are written like the tee structure, details of the recording, termination information and the specific clauses to the performance of the artist in the public.
After the contract is filled, it is best for both parties to go through the agreement again before the signature to avoid errors or mistakes. The document is then printed and both parties append their signatures. It is often good that both parties own a copy of the document throughout, before and at the end of their relationship. Although, all these acts must involve legal practitioners.
A consultant must always present his freelancing services on a singer contract in simple and understandable language. The artist must understand the contract before signing it. In addition, a lawyer should not be excluded from the contract.
This Contract is between Sample Client (the "Client") and John Doe (the "Singer").
The Contract is dated [the date both parties sign].
1. WORK AND PAYMENT.
1.1 Project. The Client is hiring the Singer to do the following: The Singer will assist the Client with singing services.
1.2 Schedule. The Singer will begin work on August 22, 2020 and the work is ongoing. This Contract can be ended by either Client or Singer at any time, pursuant to the terms of Section 6, Term and Termination.
1.3 Payment. The Client will pay the Singer a rate of $90.00 (USD) per hour. Of this, the Client will pay the Singer $850.00 (USD) before work begins.
1.4 Expenses. The Client will reimburse the Singer's expenses. Expenses do not need to be pre-approved by the Client.
1.5 Invoices. The Singer will invoice the Client weekly. The Client agrees to pay the amount owed within 15 days of receiving the invoice. Payment after that date will incur a late fee of 5.0% per month on the outstanding amount.
1.6 Support. The Singer will not provide support for any deliverable once the Client accepts it, unless otherwise agreed in writing.
2. OWNERSHIP AND LICENSES.
2.1 Client Owns All Work Product. As part of this job, the Singer is creating “work product” for the Client. To avoid confusion, work product is the finished product, as well as drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, and anything else that the Singer works on—that is, conceives, creates, designs, develops, invents, works on, or reduces to practice—as part of this project, whether before the date of this Contract or after. The Singer hereby gives the Client this work product once the Client pays for it in full. This means the Singer is giving the Client all of its rights, titles, and interests in and to the work product (including intellectual property rights), and the Client will be the sole owner of it. The Client can use the work product however it wants or it can decide not to use the work product at all. The Client, for example, can modify, destroy, or sell it, as it sees fit.
2.2 Singer's Use Of Work Product. Once the Singer gives the work product to the Client, the Singer does not have any rights to it, except those that the Client explicitly gives the Singer here. The Client gives the Singer permission to use the work product as part of the Singer's portfolio and websites, in galleries, and in other media, so long as it is to showcase the Singer's work and not for any other purpose. The Singer is not allowed to sell or otherwise use the work product to make money or for any other commercial use. The Client is not allowed to take back this license, even after the Contract ends.
2.3 Singer's Help Securing Ownership. In the future, the Client may need the Singer's help to show that the Client owns the work product or to complete the transfer. The Singer agrees to help with that. For example, the Singer may have to sign a patent application. The Client will pay any required expenses for this. If the Client can’t find the Singer, the Singer agrees that the Client can act on the Singer's behalf to accomplish the same thing. The following language gives the Client that right: if the Client can’t find the Singer after spending reasonable effort trying to do so, the Singer hereby irrevocably designates and appoints the Client as the Singer's agent and attorney-in-fact, which appointment is coupled with an interest, to act for the Singer and on the Singer's behalf to execute, verify, and file the required documents and to take any other legal action to accomplish the purposes of paragraph 2.1 (Client Owns All Work Product).
2.4 Singer's IP That Is Not Work Product. During the course of this project, the Singer might use intellectual property that the Singer owns or has licensed from a third party, but that does not qualify as “work product.” This is called “background IP.” Possible examples of background IP are pre-existing code, type fonts, properly-licensed stock photos, and web application tools. The Singer is not giving the Client this background IP. But, as part of the Contract, the Singer is giving the Client a right to use and license (with the right to sublicense) the background IP to develop, market, sell, and support the Client’s products and services. The Client may use this background IP worldwide and free of charge, but it cannot transfer its rights to the background IP (except as allowed in Section 11.1 (Assignment)). The Client cannot sell or license the background IP separately from its products or services. The Singer cannot take back this grant, and this grant does not end when the Contract is over.
2.5 Singer's Right To Use Client IP. The Singer may need to use the Client’s intellectual property to do its job. For example, if the Client is hiring the Singer to build a website, the Singer may have to use the Client’s logo. The Client agrees to let the Singer use the Client’s intellectual property and other intellectual property that the Client controls to the extent reasonably necessary to do the Singer's job. Beyond that, the Client is not giving the Singer any intellectual property rights, unless specifically stated otherwise in this Contract.
3. COMPETITIVE ENGAGEMENTS. The Singer won’t work for a competitor of the Client until this Contract ends. To avoid confusion, a competitor is any third party that develops, manufactures, promotes, sells, licenses, distributes, or provides products or services that are substantially similar to the Client’s products or services. A competitor is also a third party that plans to do any of those things. The one exception to this restriction is if the Singer asks for permission beforehand and the Client agrees to it in writing. If the Singer uses employees or subcontractors, the Singer must make sure they follow the obligations in this paragraph, as well.
4. NON-SOLICITATION. Until this Contract ends, the Singer won’t: (a) encourage Client employees or service providers to stop working for the Client; (b) encourage Client customers or clients to stop doing business with the Client; or (c) hire anyone who worked for the Client over the 12-month period before the Contract ended. The one exception is if the Singer puts out a general ad and someone who happened to work for the Client responds. In that case, the Singer may hire that candidate. The Singer promises that it won’t do anything in this paragraph on behalf of itself or a third party.
5.1 Overview. This section contains important promises between the parties.
5.2 Authority To Sign. Each party promises to the other party that it has the authority to enter into this Contract and to perform all of its obligations under this Contract.
5.3 Singer Has Right To Give Client Work Product. The Singer promises that it owns the work product, that the Singer is able to give the work product to the Client, and that no other party will claim that it owns the work product. If the Singer uses employees or subcontractors, the Singer also promises that these employees and subcontractors have signed contracts with the Singer giving the Singer any rights that the employees or subcontractors have related to the Singer's background IP and work product.
5.4 Singer Will Comply With Laws. The Singer promises that the manner it does this job, its work product, and any background IP it uses comply with applicable U.S. and foreign laws and regulations.
5.5 Work Product Does Not Infringe. The Singer promises that its work product does not and will not infringe on someone else’s intellectual property rights, that the Singer has the right to let the Client use the background IP, and that this Contract does not and will not violate any contract that the Singer has entered into or will enter into with someone else.
5.6 Client Will Review Work. The Client promises to review the work product, to be reasonably available to the Singer if the Singer has questions regarding this project, and to provide timely feedback and decisions.
5.7 Client-Supplied Material Does Not Infringe. If the Client provides the Singer with material to incorporate into the work product, the Client promises that this material does not infringe on someone else’s intellectual property rights.
6. TERM AND TERMINATION. This Contract is ongoing, until ended by the Client or the Singer. Either party may end this Contract for any reason by sending an email or letter to the other party, informing the recipient that the sender is ending the Contract and that the Contract will end in 7 days. The Contract officially ends once that time has passed. The party that is ending the Contract must provide notice by taking the steps explained in Section 11.4. The Singer must immediately stop working as soon as it receives this notice, unless the notice says otherwise. The Client will pay the Singer for the work done up until when the Contract ends and will reimburse the Singer for any agreed-upon, non-cancellable expenses. The following sections don’t end even after the Contract ends: 2 (Ownership and Licenses); 3 (Competitive Engagements); 4 (Non-Solicitation); 5 (Representations); 8 (Confidential Information); 9 (Limitation of Liability); 10 (Indemnity); and 11 (General).
7. INDEPENDENT CONTRACTOR. The Client is hiring the Singer as an independent contractor. The following statements accurately reflect their relationship:
- The Singer will use its own equipment, tools, and material to do the work.- The Client will not control how the job is performed on a day-to-day basis. Rather, the Singer is responsible for determining when, where, and how it will carry out the work.- The Client will not provide the Singer with any training.- The Client and the Singer do not have a partnership or employer-employee relationship.- The Singer cannot enter into contracts, make promises, or act on behalf of the Client.- The Singer is not entitled to the Client’s benefits (e.g., group insurance, retirement benefits, retirement plans, vacation days).- The Singer is responsible for its own taxes.- The Client will not withhold social security and Medicare taxes or make payments for disability insurance, unemployment insurance, or workers compensation for the Singer or any of the Singer's employees or subcontractors.
8. CONFIDENTIAL INFORMATION.
8.1 Overview. This Contract imposes special restrictions on how the Client and the Singer must handle confidential information. These obligations are explained in this section.
8.2 The Client’s Confidential Information. While working for the Client, the Singer may come across, or be given, Client information that is confidential. This is information like customer lists, business strategies, research & development notes, statistics about a website, and other information that is private. The Singer promises to treat this information as if it is the Singer's own confidential information. The Singer may use this information to do its job under this Contract, but not for anything else. For example, if the Client lets the Singer use a customer list to send out a newsletter, the Singer cannot use those email addresses for any other purpose. The one exception to this is if the Client gives the Singer written permission to use the information for another purpose, the Singer may use the information for that purpose, as well. When this Contract ends, the Singer must give back or destroy all confidential information, and confirm that it has done so. The Singer promises that it will not share confidential information with a third party, unless the Client gives the Singer written permission first. The Singer must continue to follow these obligations, even after the Contract ends. The Singer's responsibilities only stop if the Singer can show any of the following: (i) that the information was already public when the Singer came across it; (ii) the information became public after the Singer came across it, but not because of anything the Singer did or didn’t do; (iii) the Singer already knew the information when the Singer came across it and the Singer didn’t have any obligation to keep it secret; (iv) a third party provided the Singer with the information without requiring that the Singer keep it a secret; or (v) the Singer created the information on its own, without using anything belonging to the Client.
8.3 Third-Party Confidential Information. It’s possible the Client and the Singer each have access to confidential information that belongs to third parties. The Client and the Singer each promise that it will not share with the other party confidential information that belongs to third parties, unless it is allowed to do so. If the Client or the Singer is allowed to share confidential information with the other party and does so, the sharing party promises to tell the other party in writing of any special restrictions regarding that information.
9. LIMITATION OF LIABILITY. Neither party is liable for breach-of-contract damages that the breaching party could not reasonably have foreseen when it entered this Contract.
10.1 Overview. This section transfers certain risks between the parties if a third party sues or goes after the Client or the Singer or both. For example, if the Client gets sued for something that the Singer did, then the Singer may promise to come to the Client’s defense or to reimburse the Client for any losses.
10.2 Client Indemnity. In this Contract, the Singer agrees to indemnify the Client (and its affiliates and its and their directors, officers, employees, and agents) from and against all liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of: (i) the work the Singer has done under this Contract; (ii) a breach by the Singer of its obligations under this Contract; or (iii) a breach by the Singer of the promises it is making in Section 5 (Representations).
10.3 Singer Indemnity. In this Contract, the Client agrees to indemnify the Singer (and its affiliates and its and their directors, officers, employees, and agents) from and against liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of a breach by the Client of its obligations under this Contract.
11.1 Assignment. This Contract applies only to the Client and the Singer. The Singer cannot assign its rights or delegate its obligations under this Contract to a third-party (other than by will or intestate), without first receiving the Client’s written permission. In contrast, the Client may assign its rights and delegate its obligations under this Contract without the Singer's permission. This is necessary in case, for example, another Client buys out the Client or if the Client decides to sell the work product that results from this Contract.
11.2 Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising under this Contract, a party may demand that the dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules.
11.3 Modification; Waiver. To change anything in this Contract, the Client and the Singer must agree to that change in writing and sign a document showing their contract. Neither party can waive its rights under this Contract or release the other party from its obligations under this Contract, unless the waiving party acknowledges it is doing so in writing and signs a document that says so.
(a) Over the course of this Contract, one party may need to send a notice to the other party. For the notice to be valid, it must be in writing and delivered in one of the following ways: personal delivery, email, or certified or registered mail (postage prepaid, return receipt requested). The notice must be delivered to the party’s address listed at the end of this Contract or to another address that the party has provided in writing as an appropriate address to receive notice.
(b) The timing of when a notice is received can be very important. To avoid confusion, a valid notice is considered received as follows: (i) if delivered personally, it is considered received immediately; (ii) if delivered by email, it is considered received upon acknowledgement of receipt; (iii) if delivered by registered or certified mail (postage prepaid, return receipt requested), it is considered received upon receipt as indicated by the date on the signed receipt. If a party refuses to accept notice or if notice cannot be delivered because of a change in address for which no notice was given, then it is considered received when the notice is rejected or unable to be delivered. If the notice is received after 5:00pm on a business day at the location specified in the address for that party, or on a day that is not a business day, then the notice is considered received at 9:00am on the next business day.
11.5 Severability. This section deals with what happens if a portion of the Contract is found to be unenforceable. If that’s the case, the unenforceable portion will be changed to the minimum extent necessary to make it enforceable, unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of the Contract is changed or disregarded because it is unenforceable, the rest of the Contract is still enforceable.
11.6 Signatures. The Client and the Singer must sign this document using Bonsai’s e-signing system. These electronic signatures count as originals for all purposes.
11.7 Governing Law. The laws of the state of Oregon govern the rights and obligations of the Client and the Singer under this Contract, without regard to conflict of law principles of that state.
11.8 Entire Contract. This Contract represents the parties’ final and complete understanding of this job and the subject matter discussed in this Contract. This Contract supersedes all other contracts (both written and oral) between the parties.
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