Professional has helped me from the beginning. It doesn’t matter whether we have a client that is a family friend or a brand new client; we always send them a contract. It is so important to act professional from the beginning."
AUDIO RECORDING VOICE TALENT CONTRACT THIS AGREEMENT is made this current day day of current month current year by and between company name Talent and company name Customer Terms and Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Talent hereby agree as follows. 1. Description of the Work Product Specifications Talent agrees to develop the Work Product according to the terms listed on Exhibit attached hereto. 2. Responsibility for Original Material. Materials provided to Talent for use in fulfilling the Work Product the Materials may include but are not limited to. Animations Source or Compiled Code Demos Pictures Film Slides mm and 16 mm Film Videotapes Audio Artwork Motion Graphics 3D Animation Digital Media or other source materials required for inclusion in the Work Product. Talent is not responsible for lost or damaged materials and any compensation due Customer shall extend only to the cost of replacing the Materials in their raw or stock format. Services provided to Customer under this Agreement may include the use of subcontractors and third party services. Customer agrees to indemnify and hold Talent harmless from any and all claims for any loss damage or delay to the Materials or Work Product while in transit or in the possession of third party services or subcontractors and agrees that damages shall be limited to replacement or replacement cost of the raw original material and media provided to Talent. 3. Delivery of Work Product.
Talent will use all reasonable efforts in the development of the Work Product and endeavor to complete and deliver to Customer the completed Work Product no later than delivery date by an approved party provided that payment and all requested materials and instructions have been received by Talent from Customer. Any delay in the completion of the Work Product due to actions or negligence of Customer transportation delays illness or circumstances outside the control of Talent shall alter the delivery date. Talent will make reasonable effort to notify Customer of any delays to the estimated delivery date as soon as possible. 3 Proofing. Audio proofs will be presented for Customer approval at each stage of development. If revisions are required request must be made when proofs are returned to Talent. Reasonable edits re cuts or re recordings based upon Customers feedback will constitute acceptable delivery unless otherwise agreed upon in writing by both Talent and Customer. The total number of audio proofs provided to Customer shall number Insert Number of Audio Proofs Count unless otherwise determined in the Specifications. Audio proofs may be provided to Customer in formats that differ from the final output as outlined in the Specifications. Customer acknowledges that quality bitrate media type or any other element presented in the proof to Customer may change upon final delivery and shall not constitute breach or material deviation from the Specifications. 3 Additional Editing and Changes. Any requested changes to the Specifications shall constitute additional editing and incur additional charges or fees. Additional charges for production recording post production editing and changes shall be billed at hourly rate per hour. All additional changes must be submitted and approved by both parties in writing by approved Contract Change form.
3 Back ups and Copies of Work Product Files. Talent shall not be responsible for maintaining any copies of Work Product source files masters materials or other media created by Talent for Customer under this Agreement after any such materials have been turned over to Customer. It is Customers sole responsibility to create back up copies of any Work Product files received in order to preserve the integrity of their Work Product files and protect against unforeseen loss. 3 Reproduction of Work Product. Check all that apply. Upon successful completion of all compensation terms and outstanding balances owed to Talent Customer is granted full and unlimited reproduction rights to the Work Product. Customer is granted one time limited use reproduction right for the Work Product in exchange for the compensation paid to Talent. Work Product shall not be reproduced in any format without the written consent of Talent. Talent retains the right to reproduce the Work Product in any form for marketing future publications competitions or other promotional uses. Talent shall at no time reproduce the Work Product for use in commercial means or for profit use. Talent may NOT reproduce or disclose any information concerning the Work Product at any time. Talent may not reproduce Work Product or disclose information concerning the Work Product until such time that the Work Product and information is made available to the public.
4. Ownership of Masters Media and Source Files. Except for Customers Proprietary Material contained in the Work Product Talent shall hold all right title and interest in all original recordings audio video artwork whether in draft mock up concept or final development for the Work Product. Any unauthorized copying is strictly prohibited. All recording equipment supplies cameras edited or master media or any original media produced during the execution of this Agreement shall remain the exclusive property of Talent. 5. Compensation. In return for the Work Products that are completed and delivered under this Agreement and Exhibit Customer shall compensate Talent pursuant to the terms of Exhibit attached hereto. In the event Customer fails to make any of the payments referenced in Exhibit by the deadline set forth in Exhibit Talent have the right but is not obligated to pursue any or all of the following remedies. terminate the Agreement withhold all files recordings source commitments or any other service to be performed by Talent for Customer bring legal action. Customer is responsible for all third party material costs as outlined in Exhibit and accepts responsibility for all additional approved costs that Talent may incur in the development of this Work Product. All audio masters film tapes or other source materials shall remain the exclusive property of Talent and will only be made available to Customer for an additional fee. 6. Confidentiality.
Customer and Talent acknowledge and agree that the Specifications and all other documents and information related to the development of the Work Product excluding Customers Proprietary Material the Confidential Information will constitute valuable trade secrets of Talent. Customer shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without Talents prior written consent disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information at any time. Talent will not make any of the Work Product materials whether in part or in whole available to the public domain or any third party not authorized by Customer prior to obtaining written release from Customer or verification that the Work Product materials have been made available to the public by the Customer. Note For time sensitive materials or releases both parties are encouraged to put schedule of this information in Exhibit the Specifications. 7. Limited Warranty and Limitation on Damages. Talent warrants the Work Product will conform to the Specifications. If the Work Product does not conform to the Specifications Talent shall be responsible for the timely correction of the Work Product at Talents sole expense and without charge to Customer in order to bring the Work Product into conformance with the Specifications. This warranty shall not apply to audio proofs so long as the audio proof was produced according to the Specifications and does not contain and errors or omissions or other audio defects. Customers request to re cut re record any proof received shall not constitute material defect or non conformance to the specification. This warranty shall be the exclusive warranty available to Customer. Customer waives any other warranty express or implied. Customer acknowledges that Talent is not responsible for the results obtained by Customers use of any part of the Work Product. Customer acknowledges that Talent is not responsible for fixing problems on the Work Product once mass produced or after Customer has tested proofed and approved the Work Product Sign off in writing. Except as otherwise expressly stated herein Customer waives any claim for damages direct or indirect and agrees that its sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to Talent as set forth in Exhibit attached hereto. All Master or other source material created for the Work Product shall be stored at Talent facilities for one year from the date of this Agreement. Talent reserves the exclusive right to destroy delete or otherwise dispose of any materials whether Customer provided or not that are still in Talents possession after one year from the date of this Agreement. Original materials provided to Talent by Customer shall be returned upon successful completion of the Work Product or to the last known good address for Customer. 8. Independent Contractor. Talent will be retained as independent contractors for the length of this Agreement. Talent will be fully responsible for payment of Talents own income taxes on all compensation earned under this Agreement. Customer will not withhold or pay any income tax social security tax or any other payroll taxes on Talents behalf. Talent understands that Talent will not be entitled to any fringe benefits that Customer provides for its employees generally or to any statutory employment benefits including without limitation workers compensation or unemployment insurance.
9. Materials Logos Graphics and other Collateral. Customer agrees to make available to Talent for Talents use in performing the services required by this Agreement such audio video or graphical elements and materials as Customer and Talent may agree to in writing for such purpose. Failure to provide Talent with Materials in the requested formats may result in additional delays or fees in addition to those stated in Exhibit A. 10. General Provisions. 10 Entire Agreement. This Agreement contains the entire Agreement between the parties relating to the subject matter hereof and supersedes any and all prior Agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by all of the parties hereto. 10 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 10 Binding Effect. This Agreement shall be binding upon and enure to the benefit of Customer and Talent and their respective successors and assigns provided that Talent shall not assign any of Talents obligations under this Agreement without Customers prior written consent.
10 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. 10 Good Faith. Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement. 10 No Right to Assign. Customer has no right to assign sell modify or otherwise alter the Work Product except upon the express written advance approval of Talent unless otherwise noted in Section 3. 2.
10 Payment Milestones. In the event Customer fails to make any of the payments set forth on Exhibit within the time prescribed in Exhibit Talent has the right to immediately cease all work on the Work Product until payment in full is paid. 10 Indemnification. Customer warrants that everything Customer gives Talent to put in the Work Product is legally owned or licensed to Customer. Customer agrees to indemnify and hold Talent harmless from any and all claims brought by any third party relating to any aspect of the Work Product including but without limitation any and all demands liabilities losses costs and claims including attorneys fees arising out of injury caused by Customers products services material supplied by Customer copyright infringement and defective products sold via the Work Product. 10 Use of Work Product for Promotional Purposes. Customer grants Talent the right to use the Work Product for promotional purposes and or to cross link it with other marketing venues developed by Talent subject to Sec or unless otherwise restricted in the Specifications. 10. 10 Right to Style or to Make Derivative Works. Subject to Section and Section above Talent has the exclusive rights in making any derivative similar works of the Work Product and any similarities between Customers Work Product and future Work Products constitutes Talents methods and style and shall remain the right of Talent.
CONTRACT SPEAKING ENGAGEMENT AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Speaker and company name Customer Recitals A. Speaker is in the business of providing live speaking services for fee. B. Customer desires to have Speaker render specific services the Services or Speakers Services as set forth in Exhibit B. C. Services shall be rendered on specific date the Event and according to the terms as set forth in Exhibit B. Agreements
In consideration of the mutual covenants set forth in this Agreement Customer and Speaker hereby agree as follows. 1. Engagement of Services. Speaker agrees to render to Customer as follows. Provide to Customer pre event consultation by phone or in person prior to the Event in order to finalize specific topics or an outline of what is to be spoken about the Topics as well as the speaking the Times determine the format and whether any Question and Answer periods are applicable whether Customer desires accessibility to the Speaker by the intended audience whether the Speaker is to perform specific tasks the Speakers Duties to set forth any locations the Locations that Speaker will be required to travel to in order to render the Services to Customer or adhere to the event schedule the Schedule as provided by Customer to Speaker and agreed upon in writing by Speaker. Customer has the sole responsibility for arranging this pre event consultation with Speaker and failure of the occurrence of pre event consultation shall not constitute breach of this Agreement. Provide the agreed Services on the dates Times and Locations as agreed upon in the Specifications. Provide proof of agreed upon expenses associated with the Event and the execution of Speakers Services and present them to Customer for approval. Provide to Customer in writing answers to any questions submitted to Speaker concerning the Topics provided those questions are received no less than days prior to the Event. Agree to adhere to any restrictions imposed upon Speaker concerning Topics; restrictions that may be imposed by the venue; restrictions that may be imposed by municipality or any other jurisdiction that the Speaker or Customer may be subject to.
2. Specifications. Speaker agrees to provide the Services pursuant to the specifications set forth in Exhibit attached hereto the Specifications 3. Use of Photographic Audio and Video Recordings. Speaker will retain all rights to any and all photographic materials and audio or video recordings made of the Speakers participation in the event unless otherwise agreed upon. Customer may not use sell or distribute these materials or use Speakers voice speech content quotes or likeness in any way that could be construed as an endorsement of the Customer the Customers organization company cause or any other use without the Speakers written permission or as agreed upon in Exhibit B. 4. Ownership Rights. Speaker shall retain under the fullest extent under the law full copyright and interest in any and all recordings film digital files proofs samples prints or negatives created produced or otherwise captured by the audience or Customer during the rendering of the Services. Customer agrees to return to Speaker any materials Customer may have of Speakers such as promotional materials samples recordings artwork mock ups comps text digital media film images or any other physical or digital embodiment of Speakers creative work performed under this Agreement.
Upon termination or expiration of this Agreement Customer agrees to be solely responsible for any additional use of materials and advertisements created by Speaker pursuant to this Agreement. Additional expenses may include but are not limited to. Fees licenses translations royalties talent and other associated fees. Speakers obligation in 4. shall not apply in any respect to foreign use. The following is to be used if you are granting rights to your Customer in Exhibit and is to set forth the license and limitation. It is important to do this so you grant only right to use the materials that is non exclusive and does not call into question whether the work you performed could be considered Works for Hire and gives all of the rights to the Customer. Customer is granted non exclusive worldwide right to use the materials for Customers own promotional advertising internal use or any other agreed upon use as outlined in Exhibit B. Photos or materials are NOT to be resold or distributed to any third parties or event participants. Speakers copyright must accompany all use of the materials whenever possible and must read Copyright current year credits. 5. Compensation. For all of Speakers Services under this Agreement Customer shall compensate Speaker in cash pursuant to the terms of Exhibit attached hereto. In the event Customer fails to make any of the payments referenced in Exhibit by the deadline set forth in Exhibit Speaker has the right but is not obligated to pursue any or all of the following remedies. terminate the Agreement withhold all materials Services and content bring legal action. If Speaker has agreed to co sponsor the event in exchange for promoting Speakers own organization message services or products the Customer shall adhere to the requirements and deliverables pursuant to the terms of Exhibit attached hereto with respect to Speakers products promotional materials and advertising. All licenses shall be revoked if Customer fails to make any of the payments referenced in Exhibit by the deadline set forth in Exhibit A. 6. Limited Warranty and Limitation on Damages.
Customer agrees to indemnify and hold Speaker harmless with respect to any claims loss lawsuit liability or judgment suffered by Customer that results from the use of any material prepared by Speaker or execution of Service by Speaker or at the direction of Speaker which has been materially changed from the Specifications. Speaker shall not be responsible for failing to render services concerning missing any location topics special requests or speaking with any specific audience member or group that is requested by customer unless that request has been made in writing and agreed upon in Exhibit B. Speaker shall not be responsible for any adverse effects or the impact of such upon deliverables resulting from but not limited to. weather timing actions of individuals present at any speaking location or deliverables dependent upon the actions or presence of individuals at any speaking location transportation issues equipment failure access to speaking locations or anything else not under the control of the Speaker. Speaker shall not be responsible for any delay or loss of speaking time due to any action or inaction or adverse effect that the Customer may experience that is the result of any action or inaction on the part of the Customer. 7. Resources and Equipment. Customer agrees to make available any items hardware or software as Customer and Speaker may agree are reasonably necessary for such purpose. Specific items and hardware or software requirements are listed on Exhibit attached hereafter. 8. Non competition. Speaker shall have no restrictions on other professional Speakers being at the event. Customer warrants that Customer has not signed any exclusive contracts with any other Speaker or Agency that would preclude or interfere with Speakers right to render the Services or otherwise conduct business at the event.
9. Event Deliverables. Customer shall have responsibility for the following event deliverables. EXAMPLE. Edit the deliverables below as you see fit. a copy of official event credentials and or any security passes required to move around event locations. b parking pass that is as close to the event location as possible.
c Access to secure storage area at the event location for equipment and materials. d Contact cell phone numbers for event staff at event location who are responsible for event planning PR or production or for any deliverable listed on Exhibit B. e list of all requested locations and or specific speaker duties. f An event timeline or schedule that contains list of all start end times for each location event or duty. g All event maps or driving directions to event location s. 10. General Provisions. 10 Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto.
10 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 10 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Customers respective successors and assigns provided that Customer may not assign any of Customers obligations under this Agreement without prior written consent of Speaker. Customer shall have no right to assign any of Customers rights or have the right to sublicense and photographs or materials to any other parties. 10 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. 10 Good Faith.
Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement. 10 Right to Withhold Content and Creative Services. In the event Customer fails to make any of the payments set forth on Exhibit within the time prescribed in Exhibit Speaker has the right to withhold any materials content audio or video recording photographic or otherwise or to suspend any further creative or administrative Services performed on behalf of Customer until payment in full is received plus accrued late charges of 2% per month. 10 Indemnification. Customer warrants that everything Customer gives Speaker to use in fulfillment of Services is legally owned by or licensed to Customer. Customer agrees to indemnify and hold Speaker harmless from any and all claims brought by any third party relating to any aspect of the Services topics creative or other content including but without limitation any claims resulting from missed Locations Duties Shots inaccessibility to Locations weather related problems inaccessibility or lack of cooperation from critical employees staff or other personnel required by Speaker in order to meet any of the deliverables or obligations listed in Exhibit B; difficulty in gaining any access to the agreed upon Locations or any demands liabilities losses costs and claims including attorneys fees arising out of injury caused by Customers products services material supplied by Customer copyright infringement and defective products sold via the advertising or Services. Further Customer agrees to indemnify Speaker from responsibility for problems disruptions caused by third party services and contractors that Customer may use such as reproduction services replication duplication enlargements digital processors audio video production services live sound transportation shipping or hosting services film processing mixing pre post production services and other services that relate to the execution of the Services by Speaker outlined in this Agreement. 10 Use of Services and Creative Content for Promotional Purposes. Customer grants Speaker the right to use or otherwise reproduce the audio video proofs images creative content description of Services performed results of Services or testimonials as Speaker sees fit for promotional only purposes.
10 Limitation of Damages. Customer agrees that the only damages available under this Agreement shall be limited to the total amount of compensation paid to Speaker and that this shall be the sole remedy to Customer for damages under this Agreement. 10. 10 Attorneys Fees. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees. 10. 11 Term of Agreement. This agreement shall begin on start date and shall continue in full force until terminated by either party upon at least thirty days prior written notice.
The parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in its entirety and duly bind their respective principals by their signatures below. EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed
company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials Speaker Initials