1.
Grant of Rights
The undersigned ("Artist/Group") irrevocably grants to Turmic Records,
throughout the universe and during the "Term" (defined below), the
non-exclusive right (a) to sell, copy, sublicense, distribute and otherwise
exploit the "Recordings" (defined below) by all digital means and
media (whether now known or existing in the future), including, without limitation,
the right to transmit, perform, distribute, promote and make commercial use
of the Recordings via the internet and via other forms of digital dissemination
of music such as, without limitation, games and gaming platforms, cell phones
and mobile memory and hard drive devices, and (b) use artists' and producers'
name(s), photographs and likenesses, biographical and other information in connection
with the Recordings and Turmic Records' business. Turmic Records will not have
any merchandising rights for products other than the Recordings. Although the
rights granted to Turmic Records are non-exclusive, once Turmic Records places
a Recording with an account (that Artist/Group has not already licensed), that
account shall be exclusive to Turmic Records. Physical distribution of music
via traditional sound carriers, such as vinyl records, cassettes, CD's and DVD's,
is not included in this agreement. The "Term" of this agreement, with
respect to each Recording delivered hereunder, shall begin on the respective
delivery date and end ten (10) years thereafter. At the
end of that ten-year period the Term shall continue without interruption for
succeeding ten-year periods, subject to termination by either party with respect
to any new ten-year period by giving the other party notice at least
thirty (30) days prior to the start of such period.
2.
Recordings
The "Recordings" shall include the phonorecord sound recordings that
Artist/Group now submits to Turmic Records as well as any other recordings that
Artist/Group chooses to add hereafter by giving Turmic Records notice. Upon
request, Turmic Records will periodically provide Artist/Group with listings
of the accounts to which the Recordings have been licensed. Turmic Records shall
not be responsible for any inadvertent error in any listing of Artist/Group’s
Recordings and reserves the right to reject any Recording(s), artwork or other
material artist submits.
3.
Royalties
Turmic Records will pay Artist/Group seventy percent (70%)
of "Net Income" (defined below), accounted for quarterly. Payment
will be processed quarterly once Artist/Group royalty balance reaches USD$50.00.
"Net Income" means Turmic Record’s distributor’s gross
receipts directly from the sale of the Recordings, minus all related out-of-pocket
costs and expenses. Any objection relating to any accounting statement
or any lawsuit arising there from must be made (and any lawsuit commenced) no
later than one year after the date the statement is rendered and Label hereby
waives any longer statute of limitations that may be permitted by law.
4. Fees
A €125.00 non-refundable fee will be charged
for the first CD submitted and €35,00 for each additional CD. Artist/Group
is responsible for any additional bank or wiring fees.
5.
Third Party Obligations
Artist/Group shall be solely responsible for securing and paying for digital
phonorecord delivery (DPD), mechanical and any other licenses required from
musical composition copyright owners (or their agents) in connection with Turmic
Records’ exploitation of rights hereunder, royalties due to artists, producers
and other persons who performed in the making of the Recordings and all payments
that may be required under collective bargaining agreements.
6.
Warranties; Representations; Indemnities
Artist/Group warrants and represents that it has the right and authority
to enter into this agreement and to grant to Turmic Records all rights specified;
all of the Recordings, artwork, metadata, videos and any other materials
furnished by Artist/Group to Turmic Records or relating to the Recordings
are owned or controlled by Artist/Group and shall not infringe on the copyrights
or other rights of any person or entity; and that Turmic Records shall have
the right to exploit same in all manner hereunder free from adverse claim
and without any obligation to make any payment of any nature to any person
or entity, other than the royalties due to Artist/Group described in paragraph
3 above. Artist/Group shall defend and indemnify Turmic Records (including
its directors, members, officers, employees and other representatives) against
any third party claims or expenses and losses resulting from breach, or a
claim which if true would constitute a breach, of Artist/Group’s warranties,
including reasonable attorneys' fees and litigation expenses. Turmic Records
shall give Artist/Group prompt notice of any claim and Artist/Group shall
defend Turmic Records at Artist/Group’s expense with counsel approved
by Turmic Records (which approval shall not be unreasonably withheld). If
a claim is made Turmic Records shall have the right to withhold payment of
royalties hereunder in an amount reasonably related to the claim and potential
expenses.
7. Other Important Provisions
(a) Turmic Records cannot guarantee exploitation of the Recordings, which will depend on the marketplace. Turmic Records may assign its rights under this agreement in whole or in part. Artist/Group shall notify Turmic Records if Artist/Group assigns this agreement. This agreement does not create a partnership or joint venture. This agreement constitutes the entire agreement between Artist/Group and Turmic Records pertaining to its subject matter and may not be changed, waived, discharged or terminated except by an instrument in writing signed by Artist/Group and Turmic Records.
(b) Neither party shall be deemed in breach of this agreement unless the other party has given the breaching party notice, and the breaching party has failed to cure such breach within 30 days after receipt of such notice. In no event shall any breach entitle either party to rescind the rights granted hereunder, but rather the aggrieved party shall only be entitled to damages reasonably related to the breach concerned and no penalty shall be awarded to either party.
(c) This agreement
provides that the undertaking described herein shall be carried out with
the mutual
understanding and cooperation of both parties hereof.
In the event any disputes or differences may arise between the parties hereunder,
each party shall use its best effort to resolve such disputes or differences
by consulting each other to the benefit of both parties. If the parties cannot
settle such disputes or differences hereto, they shall be finally settled by
either arbitration or settlement in accordance with the rules of Conciliation
and Arbitration of the International Chamber of Commerce. The place of arbitration
shall be Malmö, Sweden.
Agreed:
Signature of Turmic Records representative: _____________________________________________
Signed By: _____________________________________________
Print Name Clearly: _____________________________________________
Artist/Group Name: _____________________________________________
Address (Line 1): _____________________________________________
Address (Line 2): _____________________________________________
Address (Line 3): _____________________________________________
Date: _____________________________________________
Signature of Parent if under 18 years old: _____________________________________________
IMPORTANT
5-step process.
FOLLOW THESE DIRECTIONS CAREFULLY
| STEP 1. MAKE PAYMENT BY CLICKING HERE |
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| STEP 2. PRINT TWO COPIES OF THIS AGREEMENT BY CLICKING HERE |
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| STEP 3A. IF YOU ARE SENDING FINISHED MANUFACTURED PRODUCT (RECOMMENDED), CLICK HERE |
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| STEP 3B. IF YOU ARE SENDING CD-R'S, CLICK HERE |
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| STEP 4. PRINT TWO COPIES OF THE PACKING SHEET BY CLICKING HERE |
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| STEP 5. SAVE THIS EXCEL DOCUMENT ARTIST/GROUP COPY SPREADSHEET IN A NEW FOLDER CALLED TURMIC RECORDS |
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