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record company forum

The Undercurrents Series of Music Business Educational Forums is designed to assist musicians, songwriters, bands and music industry professionals with continued growth and knowledge of the music / entertainment industry.  These forums and the information provided is practical rather than legalistic in its approach and should not be used as a substitute for legal advice in relation to any particular matter.   Undercurrents, Inc. accepts no liability for any errors or omissions.

Artist & Repertoire

Becoming a Priority at  a Record Company

CD Covers

Record Distribution

Factors that Determine Priority Releases

Sample Recording Contract

Starting Your Own Label


Artist & Repertoire

A&R PANEL DISCUSSION
· What are A&R's looking for?
· The best way to get an A&R's attention
· What to expect when signed to a label
· Learn how to get a production deal
· Learn how to get songs and beats to artists and record labels
· Learn how to Make Money through publishing
· Five (5) reasons why you are not signed to a record deal


Starting Your Own Record Company

Consider This When Starting Your Own Record Label
1. Why are you starting your own label? (What is your motivation?)
2. Why would anyone want to buy your music anyway?
3. Is there currently a market for your kind of music? Prove it!
4. If you are not releasing your own music, have you ever read a recording contract? Are you aware of all the traditional clauses that are in such 75-100 page contracts?
5. Do you know anything about copyright law?
6. What is a Mechanical Royalty?
7. Have you ever heard of the Harry Fox Agency? What do they do?
8. What do you want to achieve by starting your own label?
9. What do you know about the day to day business of selling music?
10. Will your new company be a sole proprietorship, a partnership, or a corporation? (Do you know the pros and cons of each?)
11. Have you registered the name of your company to make sure you can use that name?
12. Will you need any recording equipment or office equipment and supplies to run your label?
13. Do you have a recording studio you can work with?
14. Do you know any record producers and/or engineers?
15. How much money do you think it will cost you to startup your label, and to finance the recordings and marketing of the recordings for the first year?
16. Where will the financing come from?
17. What local, state, and federal tax responsibilities will your label have?
18. How will you sell your records? (Live shows, Internet sales, mail order, catalog sales, Distributors, Stores?)
19. What specific distribution and retail sales plans have you arranged so fans of your music can easily buy your releases at record and other retail stores?
20. Do you have the money, time, and determination to compete in an industry that releases over 500 new records a week?
21. How much does it cost to manufacture CDs, Tapes, and/or vinyl?
22. What 'configurations' will you need to manufacture your music?
23. How many copies do you need to manufacture for each release?
24. What are 'package deals' offered by manufacturers, and are they right for you?
25. Will you need to make any posters, bin cards, or other promotional materials? If so, how many and how much will that cost?
26. What specific packaging choices are available and which is right for your releases?
27. How did you estimate the number of copies you needed?
28. Did you count into your estimation the number of free CDs you will have to give away for promotions of various kinds?
29. How will you go about finding new acts to sign to your label?
30. How important do you think the graphic element is in designing your label's logo, and specific cover artwork for your releases?
31. Do you know any graphic artists with record jacket design experience?
32. What specific information should go on the cover, back cover, spine, booklet, and on the CD itself?
33. Do you have your own Barcode? Why do you need one?
34. Do you know how to write a music marketing plan, a distributor 1 sheet, and other promotional materials?
and...
35. Who is your customer? If you think you know them, then describe them in very specific terms. (Know why am I asking you to do that)

Record Distribution
1. Distributors will usually only work with labels that have been in business for at least 3 years or have at least 3 previous releases that have sold several thousand copies each.
2. Distributors get records into retail stores, and record labels get customers into retail stores through promotion and marketing tactics.
3. Make sure there is a market for your style of music. Prove it to distributors by showing them how many records you have sold through live sales, internet sales, and any other alternative methods.
4. Be prepared to sign a written contract with your distributor because there are no ‘handshake deals’ anymore
5. Distributors want ‘exclusive’ agreements with the labels they choose to work with. They usually want to represent you exclusively.
6. You will sell your product to a label for close to 50% of the retail list price.
7. When searching for a distributor find out what labels they represent, and talk to some of those labels to find out how well the distributor did getting records into retailers.
8. Investigate the distributor’s financial status. Many label have closed down in recent years, and you cannot afford to get attached to a distributor that may not be able to pay its invoices.
9. Find out if the distributor has a sales staff , and how large it is. Then get to know the sales reps.
10. What commitment will the distributor make to help get your records into stores.
11. Is the distributor truly a national distributor, or only a regional distributor with ambitions to be an national distributor. Many large chain stores will only work with national distributors.
12. Expect the distributor to request that you remove any product you have on consignment in stores so that they can be the one to service retailers.
13. Make sure that your distributor has the ability to help you setup various retail promotions such as: coop advertising (where you must be prepared to pay the costs of media ads for select retailers), in-store artist appearances, in-store listening station programs, and furnishing POP’s (point of purchase posters and other graphics).
14. Be aware that as a new label you will have to offer a distributor 100% on returns of your product.
15. You must bear all the costs of any distribution and retail promotions.
16. Be able to furnish the distributor with hundreds of ‘Distributor One Sheets’ (Attractively designed summary sheets describing your promotion and marketing commitments. Include barcodes, list price, picture of the album cover, and catalog numbers of your product too).
17. Distributors may ask for hundreds of free promotional copies of your release to give to the buyers at the retail stores.
18. Make sure all promotional copies have a hole punched in the barcode, and that they are not shrink-wrapped. This will prevent any unnecessary returns of your product.
19. Don’t expect a distributor to pay your invoices in full or on time. You will always be owed something by the distributor because of the delay between orders sent, invoices received, time payment schedules (50-120 days per invoice) and whether or not your product has sold through, or returns are pending.
20. Create a relationship that is a true partnership between your label and the distributor.
21. Keep the distributor updated on any and all promotion and marketing plans and results, as they develop.
22. Be well financed. Trying to work with distributors without a realistic budget to participate in promotional opportunities would be a big mistake.
23. Your distributor will only be as good as your marketing plans to sell the
record. Don’t expect them to do your work for you, remember all they do is get records into the stores.
24. Read the trades, especially Billboard for weekly news on the health of the industry, and/or the status of your distributor.
25. Work your product relentlessly on as many fronts as possible…commercial and non commercial airplay, internet airplay and sales campaigns, on and offline publicity ideas, and touring…eternally touring!


Becoming a Priority at a Record Company
In an effort to educate artists and bands that still think signing a record label contract is the be-all and end-all of their existence, this month’s column is about the challenges of staying in the label’s good graces once they have signed you. In past columns I have written about the huge risk so many aspiring artists are willing to take to get the almighty recording contract. This month I take you on a journey inside the mysterious world of becoming a priority release at a label, once the label has decided to release your recording.

Just because an artist or band gets signed to a record label doesn’t automatically mean that they will be treated well by their label. Once a record has been scheduled for release, a number of factors will determine if it becomes a “priority” at the label in terms of the amount of attention it receives. The term ‘priority’ is used to designate which of the hundreds of records a year a label releases will get the most promotion and marketing attention.

The reasons why one artist’s new release may be more important to a label than another are varied and often hard to understand. The major labels--and many independent record labels—juggle a lot of apples and oranges when they go about the business of trying to sell records. There are a number of circumstances that contribute to the sometimes irrational decisions being made regarding what records will become a ‘priority’ and what records will not.. Some of these reasons have to do with cold, hard business realities. Others are quite emotional and complex.

When it comes down to deciding when a record will be released, and deciding whether or not to spend very much time and money to help sell it, there are some complex issues that come into play, but the biggest one is this: music, after it has been created, becomes a product.

To sell music you must put it in a physical container of some kind. (Even in a digital world, a compressed audio file will still have to deal with this reality. That is why the recording industry has been so concerned about how these files will be used by consumers.) That container today is usually still a CD.

It is at this point that art enters the world of commerce. When a product containing an artistic creation becomes something people can buy, art encounters commerce and the two worlds collide. In today’s music business environment the party that pays for the creation of the artistic product usually wins any arguments about how the art contained within the product will be marketed

Music is an emotional product, and because of that there will always be issues that come up during the recording of the songs, the marketing of the record, or in the personal relationships that are developed that can deeply affect the success or failure of the project

Music is not the same kind of product that a shoe is. You don’t sell a shoe the same way you sell a CD. If you want to sell a shoe, the shoe itself will not object too much about how you sell it. Not so with music. The artists and bands that make music have an emotional investment in their creation. As ‘artists’ they concentrate more on the creative side of music, and rarely are they well versed in the intricacies of the business world. So, as creative creatures they can easily develop conflicting opinions on how their ‘art’ should be marketed

Songwriters may write songs as a creative expression. Musicians and singers may record a version of that song, but a record label pays the bills for the recording, and then has to find a way to convince listeners of the song that owning it will bring some kind of pleasure to their lives. (Devising a plan to do that is called marketing.) Business people usually know more about commerce than art, so the tensions that exist because of this dynamic can lead to misunderstandings, and misunderstandings can lead to disappointments for all parties involved.

Many solo artists and bands that get signed to record labels get themselves into trouble with record label executives because they think the only thing that is important is the music itself, while the record label executives and their team of promotional representatives have very little emotional investment in the songs they promote

From their point of view, it is the responsibility of a record label to find a business way to sell the recording they invested in. They may try to preserve the emotional investment their act’s have in their songs as best they can, but they will stop at nothing when, for example, a promotional opportunity comes up that may be at odds with the image or ethics that the artist may hold. If the label executives see a potential profit coming from some controversial promotion campaign, they will usually do what they have to do to take advantage of that marketing opportunity. However, at the same time, if the artist is creating such a nuisance to them, they may sense a threat to their investment or even their egos, and decide to cancel a promotion campaign at a moment’s notice.

It would take another book to fully explain the strange dynamic between the fragile emotions of aspiring musicians and the egos of materialistic record company executives, but let’s take a look at some fairly common situations that come up in the complex world of record labels, marketplace realities, and artist relations.


Factors That Determine Priority Releases
Major labels often find that they have over extended themselves by signing too many acts within a short period of time and scheduling too many releases to come out at the same time. So, when they discuss which scheduled records have the best chance of success in the marketplace, they may simply push back a release 6 months to a year. (Regretfully, depending on an act’s actual contract, there may be no guarantees that a label has to ever release their record.)

Another situation surrounding priority records is this. If a label signs an act because they play a genre of music that is currently hot on the charts, but the negotiations for signing the deal, or the recording process took too much time, they may have missed their opportunity to cash in on a current popular music trend, and realizing that fact, simply decide not to make the record a priority release, but to ‘sit on it’ and wait to see if another time of year for releasing the record would be more opportunistic.

To complicate matters even more when it comes to what records will be given the most attention by a label, a label executive may sign an act only to stop a competing record label executive from signing them to his label, and when the record is released any interest in promoting the record takes second place to the personal satisfaction of having ‘one-upped’ a competitor….and the act is left out in the cold.

But the ego issue can also work positively for a recording artist. A label executive may sign an artist in order to impress and influence the manager of another similar hot act, with hopes of getting the band on their label someday. So, when the record of such an artist comes out, the label executive may pull out all the stops promotionally, to show the manager what a great job the label can do. If the label shows it can do a good job with a newer artist on that manager’s roster, perhaps the manager will send one of his established stars over to the label, when the existing record contract with the established artist runs out.

Here’s another reason why a record might become a priority at a label. We’re constantly hearing about corporations downsizing, and companies reducing their staff with every new merger or corporate buyout. At the same time, many major labels are merging with other large labels--and increasing the workload for the remaining staff. It can be important for a label executive to demonstrate to the shareholders of the corporation and to staff at the label that the downsizing issue is not a concern, so a particular act’s new release is given a stronger push to impress all concerned parties.

Be forewarned, however. When downsizing occurs, an artist’s record may be shifted to a different priority level. Key personnel who were excited about and instrumental in “breaking” a new label act may be fired, or asked to take early retirement. When it comes time to release the new record, a different person may be assigned to work the act; someone who may not care much about, or even like the music on the artist. Will that record remain a priority? There are no guarantees that the new employee will be excited about that act’s music. They may have their own pet projects to put ahead of any previous arrangements.

“Bidding wars” also affect priority status. Bidding wars occur when a new band is the hot topic of the industry grapevine. One label makes an offer to sign the band, another label hears about it and ups the bid, a third label offers even more money. The winner of this bidding war will probably be forced to make that act’s initial release a priority. The label will need a sizeable return in sales dollars from the new band’s recording to recoup their large investment. Interestingly, no band or act signed from any bidding war has ever gone on to major stardom.

Music trends come and go. In the early and mid 90’s Grunge came and went. What followed in the late 90’s, and into this new millennium, was young boy bands, and young, blond girl ingénues. When a hot new music style comes on the scene, any act that is signed to take advantage of a new popular music trend will usually become a priority at the record label that signed them.

By the way, usually, all new releases by superstar acts are automatic priority records because of their star status and the simple fact that they sell a lot of product consistently.

So, take heed. Many people think signing a recording contract with a record label means automatic stardom. That is not the case, and musician approached by a label for a deal would do well to research that label’s track record and reputation for making their releases priorities. Take my word for it though, if you are perceived as a troublemaker by the label executives, or if they decide that your record shows no signs of being accepted at radio, other media, and music retailers, that piece of paper you have in your possession called a recording contract may be about as valuable as a sheet of Kleenex.

The issues I have discussed here have come up often enough to contribute to a change in the attitude of many musicians toward working with record labels. Over the last two decades more and more musicians have taken charge of their own business careers, and the list of artists and bands releasing their own records, and marketing them themselves grows longer every day. Perhaps the level of success these entrepreneurial musicians reach may not equal the success of major superstars, but at least when they wrestle with the dynamics created by art meeting commerce, they are wrestling with themselves, and are dealing with the business realities of the music industry on their own terms.


CD Covers
A well-designed, attractive cover and CD package can either help you sell your CD, or hurt sales. Go through the following questions and evaluate the design, images, text, and colors used for your CD release. Critique your artwork from a potential customer’s point of view. Is your artwork helping you attract a fan of your musical style? Come up with some suggestions to make it more appealing. Does your artwork meet the professional standards of a major label release?

1. Front Cover:
Is the name of the artist clearly visible?
Is the name written with a unique logo design?
Is the name of the artist in the top third of the cover?
Is the title of the release distinguishable from the artist’s name?
Is the genre of music hinted at by the cover art?

2. Back Cover:
What specific type of information is included on the back cover?
(Label name, catalog number, barcode, song titles/ times, contact info, production credits, more?)
Are the graphic images and text and colors used clear and readable?

3. Label:
Is the artist’s name (logo?) present and clearly visible?
What specific information is on the disc itself?
(Many artists leave the disc blank for ‘artistic’ reasons. Do you wish to make such a statement, or do you want to list the songs and times again, or repeat other written information from the back cover or booklet?)

Do whatever you want with the tray card. No business needs to be aware of.

4. Booklet:
Describe the type of booklet used in your packaging.
What specific images, and text information is included?
(More credits, thank you’s, lyrics, pictures, etc.)
Is the artwork and design consistent with the rest of the artwork and design of the front and back covers?

5. Spine:
What specific information is on the spine of the CD?
(Label name/logo, catalog number, artist name, release name?)

Musicians are not usually sensitive to graphics. They create in a world of sound. So, when they get to the point of designing the graphics to be used on their records, they tend to overlook this important stage in the manufacturing process.

Do not overlook the importance of graphic design! The first impression your music makes to professionals in the recording industry, as well as shoppers at record stores, is a visual impression.

Once approved and sent to the manufacturer/printer it will be too late to change any graphics you have chosen, When you see it in a record store someday, will it stand out, and will you be proud of your cover design 10 years from now?


The following recording agreement is a simplified agreement / contract to enable you to compare with contracts you may be offered.  It is not a substitute for a formal agreement drafted and negotiated by a professional music business solicitor which is likely to be far more complex!

Before signing any form of recording contract seek advice from a qualified entertainment attorney.

DISCLAIMER
This article is offered as an educational and informational tool only, and should not be relied on as legal advice. Applicability of the legal principles discussed may differ substantially in individual situations. The sample contract is for illustrative purposes only, and has not been verified for compliance with the law of any particular state. If you have a specific legal problem or concern, you should consult an attorney.

 

Sample Recording Contract

This agreement between, YOUR RECORD  COMPANY'S NAME HERE hereinafter referred to as the "Agreement") executed and effective this _______ day of ___________, 20___, by and between ___________________(Artist) (hereinafter referred to as the "Artist") and _________________________(Company) (hereinafter referred to as the "Company"):

IT IS HEREBY UNDERSTOOD

a. Company is an organization, which specializes in the management, recording, recording distribution and representation of musical artists;

b. Company is familiar with the musical abilities of Artist and has the expertise, ability, industry contacts and resources to assist Artist in the furtherance of his/her career.

c. Artist performs under the name "(Artist's Stage Name)";

d. Company and Artist wish to enter into this Agreement to provide for the production and distribution of the Recording.

IT IS, THEREFORE, AGREED AS FOLLOWS:

A. TERM. The effectiveness of this Agreement shall commence with its execution by all of the parties, and shall continue thereafter for a period of _________ (#) years.

B. PRODUCTION OF RECORDING. The Recording shall be produced in the following manner:

1. PRODUCTION. Company agrees to produce one master recording consisting of songs written and performed by Artist (hereinafter referred to as the "Songs". The resulting recording (hereinafter referred to as the "Recording") shall include music of not less than forty (40) minutes in playing duration, and shall be of a quality which is equal to master recordings normally produced for commercial distribution.

2. CONTRIBUTION BY ARTIST. Artist agrees to full cooperate with the Company, in good faith, in the production of the Recording; to contribute to such production the music and lyrics embodied in the Songs; to arrange, direct and perform the Songs in such a manner as to facilitate the production of the Recording; and to otherwise strictly observe the remaining duties and obligations of this Agreement.

3. COSTS. Company shall be responsible for all costs incurred in the production of the Recording, including the prepayment of all travel, hotel and meal costs incurred by Artist in attending the recording sessions referenced in Section B.5 herein. Company may recover such receipted expenses pursuant to the production of master recordings or the advancement of the Artist's career. Company's production, promotion, manufacturing and all other bonafide expenses relating to Artist are deemed recoupable from gross income.

4. ARTISTIC CONTROL. Company and Artist shall be jointly responsible for all decisions regarding the artistic content of the Recording.

5. DATES AND LOCATION OF RECORDING SESSIONS. The recording sessions necessary to produce the Recording shall occur at studios and facilities chosen by Company in _____________(city) _________________(State), commencing on ____________, 20___ and ending on ____________, 20___.

6. ADDITIONAL MUSICIANS. Company shall provide and compensate sufficient and competent musicians to properly perform the Songs, as arranged and directed by Artist and Producer. Company may recover such costs pursuant to Section B3. herein.

7. TITLE. The title of the Recording shall be chosen by agreement between the Company and the Artist.

8. COMPLETION AND RELEASE. The Recording shall be completed and prepared for release and distribution on or before ___________, 20____. Company and Artist acknowledge that time is of the essence in the completion of the Recording, and each agrees to exercise all reasonable means to achieve such completion.

9. ASSIGNMENT OF EXCLUSIVE RIGHTS BY ARTIST. Upon the timely occurrence and performance of all material events and obligations required to produce the Recording, Artist shall assign to the Company all of his/her rights, title, and interest in and to the following property, for distribution and commercial exploitation in the United States and Canada:

a. The Songs,

b. Artist's performance of the Songs contained in the Recording,

c. The title of the Recording.

10. LICENSE FOR USE OF NAME AND IMAGE. Upon the timely occurrence and performance of all material events and obligations required to produce the Recording, Artist shall grant to the Company the exclusive license to use the name " ____________________(Artist)__", and the Artist's photographic image, in the promotion and distribution of the Recording.

11. FORM OF ASSIGNMENT AND LICENSE DOCUMENTS. The form of documents to be executed by Artist, pursuant to Section C. and D. herein shall be identical to the "Assignments" and "License" respectively attached hereto as Exhibits "C" and "D", and incorporated herein by this reference.

12. COPYRIGHT. Upon Artist's assignment of the Songs pursuant to Section C. herein, Company shall proceed to obtain and secure a copyright for each of the said Songs. Each such copyright shall be the sole property of the Company.

13. DISTRIBUTION. Commencing with the completion of the Recording and continuing for the term of this Agreement, Company will diligently use its best efforts to secure distribution of the Recording throughout the world, through one or more major distribution companies (including record companies, film companies, or any other company). Any such contract entered into between Company and any such record distribution company shall be subject to the terms of this Agreement.

14. ROYALTIES. In accordance with the rights granted by Artist to Company herein,

Company intends to contract with a record distribution company for distribution of the Recording. Company will be entitled to receive royalties or licensing fees (herein collectively referred

to as the "Royalties") as a result of such contract. Royalties shall include any compensation received by Company, or promised to Company, which directly or indirectly results from the use, exploitation or existence of the Recording, or any reproduction applied to satisfy costs incurred and paid by Company pursuant to Sections B.3, and B.6, herein. In the event that Royalties are insufficient to complete such reimbursement, Artist shall not be liable for such costs. The remainder of such Royalties, if any, shall be allocated and distributed between Company and

Artist, in the following proportion:

                   __________________________________ (         %) Percent to Company

                   __________________________________ (        %) Percent to Artist

Royalties due Artist hereunder shall be delivered by Company to Artist within fifteen working days from the Company's receipt thereof.

15. Performing Rights Membership. Within a reasonable time after the execution of this Agreement, Artist shall apply for registration and membership with a performing rights organization such as A.S.C.A.P., B.M.I., or S.E.S.A.C. a music licensing organization. Company shall be responsible for any cost or expense associated with such application or with the Artist's membership in BMI during the term of this Agreement and the Distribution Period. Company may recover such costs pursuant to Section B#. herein.

16. NON-CIRCUMVENTION. Artist shall not detrimentally interfere with the efforts of Company to distribute the Recording through one or more distribution companies or enter into any contract inconsistent with the rights of distribution assigned to Company hereunder. Artist shall not contact any such potential distribution company except through the offices of the Company.

17. ADDITIONAL PERSONAL SERVICES. For the term of this Agreement, Artist agrees to appear at one or more performances to promote the distribution of the Recording. Company shall schedule and arrange such performances, but Artist shall have the right of prior approval of the location, date and time of each such performance. The total number of performances during the term of this Agreement shall not exceed ___________________. Company shall be responsible for travel, hotel and meal costs incurred by Artist in attending each such performance, Artist shall be paid one-half (1/2) of the net revenues received by Company for such performances. Such compensation shall be received by Artist within fifteen (15) days from Company's receipt thereof. Company may recover such costs (including travel costs and compensation paid to Artist) pursuant to Section B3. herein.

18. OPTION TO PURCHASE. At any time during the term of this Agreement or thereafter, at Artist's option, Artist may purchase all rights assigned and/or granted to Company hereunder or resulting to Company here from (including rights of copyright to any and all of the Songs) for the total sum of:

a. ___________________________, plus;

b. Any receipted costs expended by Company hereunder, but reimbursed, as of the date of exercise of such option to purchase, plus;

c. _______ Percent ( %) of the gross revenues generated thereafter from the Recording.

Exercise of the option shall be accomplished by the delivery of such amount, in cash or certified funds, to Company or its express designee. In the event of such exercise, Company shall promptly execute all documents reasonably necessary to effectuate such transaction. If and upon the exercise of such option, the obligations undertaken by the parties herein shall be exercised.

19. ASSIGNMENT BY COMPANY. Prior to completion of the Recording, the rights and obligations of the Company existing hereunder are personal and unique, and shall not be assigned without the prior written consent of Artist. Subsequent to the completion of the Recording, Company may assign its rights and obligations existing hereunder without the consent of Artist.

20. ASSIGNMENT BY ARTIST. The rights and obligations of Artist existing hereunder are personal and unique, and shall not be assigned without prior written consent of Company,

21. CONDITION SUBSEQUENT. If Company does not enter into a binding contract for the distribution of the Recording during the Distribution Period, the assignment and license from Artist to Company granted pursuant to Sections C. and D. hereunder shall be deemed rescinded by the agreement of the parties. 

22. RIGHT OF INSPECTION. At any time during the term of this Agreement upon prior written notice to Company of at least seven (7) days, Artist or his/her designated representative shall be permitted unrestricted access to the books and records of Company which in any way pertain to Artist, for inspection and photocopying by Artist or Artist's designated representative.

Such books and records shall include, but shall not be limited to, any documents or records which evidence the receipt or disbursements of Royalties. Company shall maintain such books and records at its principal office.

23. MISCELLANEOUS.

a) BINDING EFFECT. This Agreement shall be binding upon the successors and assigns of the parties.

b) ARBITRATION. In the event of a dispute between Company and Artist regarding the terms, construction or performance of this Agreement, such dispute shall be settled by binding arbitration in ______________(city, state)________________, according to the rules of the American Arbitration Association for the settlement of commercial disputes, then in effect. The award or decision resulting there from shall be subject to immediate enforcement in a _________________(state) court of competent jurisdiction.

c) JURISDICTION/APPLICABLE LAW. Company and Artist hereby submit to the jurisdiction of the courts of _________________(state) for the enforcement of this Agreement or any arbitration award or decision arising here from. This Agreement shall be enforced or construed according to the laws of the State of ___________.

d) ATTORNEY'S FEES. In the event that a party is forced to obtain an attorney to enforce the terms of this Agreement, the party prevailing in such action of enforcement shall be entitled to the recovery of attorney's fees incurred in such action.

e) COVENANT OF GOOD FAITH AND FAIR DEALING. Company and Artist agree to perform their obligations under this Agreement, in all respects, in good faith.

f) INDEPENDENT CONTRACTOR. In the performance of his/her obligations of this Agreement, Artist shall be deemed an independent contractor.

g) INCORPORATION OF RECITALS. The recitals contained at the beginning of this Agreement are incorporated herein by this reference

24. NOTICES. Any notices or delivery required herein shall be deemed completed when hand-delivered, delivered by agent, or placed in the U.S. Mail, postage prepaid, to the parties at the addresses listed herein.

 

 

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