Musician Release Agreement

Musician Release Agreement

This Musician Release Agreement ("Agreement") is made and entered into as of by and between Producer Name: with address: ("Producer"), and Musician Name: with address: ("Musician").

RECITALS

WHEREAS, Producer intends to record, produce, distribute and otherwise exploit certain musical performances and related audio-visual materials described below, and requires a release from the performing musician to secure and exploit such materials;

WHEREAS, Musician is willing to grant Producer certain rights in and to the performances, sound recordings, compositions and related materials in exchange for the consideration set forth herein;

WHEREAS, the parties desire to set forth the terms under which Musician grants such rights and releases claims in favor of Producer.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. GRANT OF RIGHTS

1.1 Grant. Musician hereby irrevocably and exclusively (unless otherwise specified below) grants to Producer, its successors, licensees and assigns, the exclusive, worldwide, sublicensable, transferable right to record, reproduce, distribute, publicly perform and display, broadcast, synchronize, adapt, edit and otherwise use the musical performances, sound recordings, video recordings, images, name, likeness, biographical information and any other performances or materials provided by Musician (collectively, the "Materials") in any and all media now known or hereafter developed, throughout the universe, in perpetuity. License scope (describe if non-standard):

1.2 Rights Included. The rights granted include, without limitation, the right to edit, mix, dub, alter, combine with other works, create derivative works, assign rights to third parties and exploit the Materials in synchronization with visual images, trailers, advertising, compilations, soundtracks and derivative works.

2. RECORDING AND DELIVERY

2.1 Recording Details. Recording date(s): . Recording location: .

2.2 Delivery. Musician shall deliver to Producer all original performances, stems, track files, master recordings, artwork materials and any releases from third parties necessary for Producer to exploit the Materials (collectively, "Deliverables") within days of the recording date.

3. COMPENSATION

3.1 Payment. In full consideration for the rights granted herein, Producer shall pay Musician the sum of USD, payable as follows: .

3.2 Royalties. Any additional royalty arrangements, if applicable, shall be set forth here: .

4. CREDIT AND PROMOTION

4.1 Credit. Producer agrees to use reasonable efforts to accord Musician credit in tangible releases and promotional materials in the form: ; provided, however, that failure to provide credit shall not be a material breach authorizing termination of this Agreement.

5. REPRESENTATIONS AND WARRANTIES

Musician represents and warrants that: (a) Musician is the sole legal owner of the rights granted hereunder or has obtained all necessary consents and clearances; (b) the Materials are original to Musician and do not infringe the rights of any third party; (c) Musician has full right, power and authority to enter into this Agreement and to grant the rights herein; and (d) there are no existing agreements that would conflict with the rights granted to Producer.

If Musician is a minor or under legal disability, indicate: Musician is a minor: . If checked, Parent/Guardian name:

6. INDEMNIFICATION

Musician shall indemnify, defend and hold harmless Producer and its affiliates, licensees and assigns from and against any claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of any breach of the representations and warranties in this Agreement or any claim that the Materials infringe or violate the rights of any third party.

7. MORAL RIGHTS AND PUBLICITY

To the maximum extent permitted by law, Musician hereby irrevocably waives and agrees not to assert any moral rights, droit moral, or similar rights in connection with the Materials and grants Producer the right to use Musician's name, image and likeness for the exploitation of the Materials.

8. CONFIDENTIALITY

Except as required for the exploitation of the Materials or as otherwise agreed in writing, Producer and Musician shall keep confidential any non-public information exchanged in connection with this Agreement for a period of two (2) years following the Effective Date.

9. TERMINATION

This Agreement may be terminated by mutual written agreement, or by Producer if Musician materially breaches any obligation hereunder and fails to cure such breach within thirty (30) days after receipt of written notice. Termination shall not affect any rights accrued prior to termination and shall not revoke any grant of rights already exploited by Producer in good faith.

10. NOTICES

11. AMENDMENTS; WAIVER; COUNTERPARTS

Any amendment or modification of this Agreement must be in writing and signed by both parties. No waiver of any provision shall be effective unless in writing signed by the party granting the waiver. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

12. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflicts of law principles. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13. ADDITIONAL TERMS

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