Exclusive recording artist agreement

The following constitutes the agreement, dated as of [DATE], by and between [COMPANY NAME], AT [COMPANY ADDRESS] (“we”/“us”), and [ARTIST NAME], at [ARTIST ADDRESS] (“you”), concerning your exclusive services as a recording artist (the “Agreement”). You and we are sometimes individually and collectively referred to herein as the “Party(ies).” For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties hereby agree as follows:

Term:

a. The term of this Agreement (the “Term”) will consist of an initial period and up to four (4) option periods, as follows: the initial period will begin as of the date first written above and continue until twelve (12) months from our initial commercial release of the initial period album. You hereby grant us four (4) separate, consecutive, exclusive options to extend the Term, for up to four (4) option periods, and we will exercise each option by sending notice to you by the expiration date of the then-current period. Each option period will continue until twelve (12) months from our initial commercial release of the album made during the applicable period.

b. If we do not send you a notice advising you of whether or not we want to exercise an option to extend the Term for any option period prior to the expiration of the initial period or the applicable option period then you shall send us written notice advising us that we did not send you an option exercise notice and we shall have thirty (30) days from the date of our receipt of your notice within which to send you notice advising you of whether or not we want to exercise the option and if we don’t send you notice within such thirty (30) days, we are deemed to have elected not to exercise the option. If we advise you that we want to exercise the option, the option period will begin on the date of our notice to you.

c. We shall have the right, at our election and for any reason, with or without cause, to terminate the Term at any time by written notice to you and in the event of such termination, we shall be relieved of any and all obligations hereunder except our obligations with respect to masters recorded and delivered to us prior to such termination.

2. Recording Commitment, Recording Procedure and Delivery:

a. In the initial period and in each option period, if any, you shall record and deliver to us masters embodying your featured musical performances sufficient to constitute one (1) studio album of customary duration. We will designate the recording elements of such studio albums and in connection therewith, prior to recording each master, you shall obtain our written approval of each of the following in order before proceeding further:

i. selection of the individual producer of the masters;

ii. selection of compositions to be recorded; and

iii. selection of the dates of recording and the studios where recording is to take place.

At least fourteen (14) days prior to the date of the first recording session for the recording of any master, you will submit to us for our written approval, a written proposed budget setting forth, in itemized detail, all anticipated recording costs. Upon receipt of our written approval of such recording budget (as approved by us, called the “Authorized Budget”) and completion of items in paragraphs 2.a.i. through 2.a.iii. above, you will begin such recording session(s).

b. We will pay all recording costs in the Authorized Budget as such costs are incurred. You shall be responsible for the payment of all recording costs or other costs in connection with recording masters that are not contained in the Authorized Budget. If we pay any costs for which you are responsible (and we have no obligation to pay such costs), then we shall have the right to demand reimbursement from you for such costs (and you shall immediately make such reimbursement) and/or we may deduct such costs from any payments to you. We shall also pay costs of album artwork.

c. You shall deliver the initial period album masters within three (3) months from the date first written above and you shall deliver each option period album, within three (3) months from the beginning of such option period, if any. In connection with your delivery of each album, you shall deliver fully mixed, edited, and unequalized and equalized recordings (including but not limited to the individual multitrack Pro Tools, Cubase and/or any other computerized session files for each recording made), satisfactory to us for the manufacture and sale of records, and all original and duplicate recordings of the material recorded including each multi track master, together with all necessary licenses, approvals, consents and permissions, producer agreements, all label copy including artist, producer, writer and publisher information and all materials required to be furnished by you to us for use in the packaging and marketing of records. A master shall not be considered satisfactory hereunder unless, in our opinion:

i. it is commercially and technically satisfactory to us for our manufacture and sale of records;

ii. your performance recorded in it is “first class” (as that term is understood in the record industry);

iii. that performance is at least of the quality of your prior recorded performances; and

iv. your performance in the recording concerned is in the same style as your prior recorded performances, and the musical material recorded in the recording concerned is of the same genre as the musical material recorded in those prior recorded performances.

Each master shall be clearly marked to identify you as the recording artist, and to show the title(s) of the composition(s) and recording date(s). You shall deliver to us a track-by-track list of all producers and all featured vocal performers, background vocal performers and instrumental performers on each master identifying their performances. Our commercial release of any master shall not be deemed to be a waiver of your obligation to obtain and furnish clearly marked masters as aforesaid, the aforesaid personnel list and all necessary agreements, licenses, approvals, consents and permissions and shall not be deemed to be a waiver of your delivery obligations.