TERMS AND CONDITIONS
SCOPE OF AGREEMENT:
Voiceover project shall be recorded in the English and/or Spanish language as directed from client* by Talent and shall include only voice over performance services and shall not include any other services such as copywriting, production, adding underlying “tracks” such as music beds, “foley” sounds or sound effects, translations, rewriting of copy, etc unless otherwise paid for those additional services. The only services that shall be provided under this Agreement are that Talent shall perform the script or copy exactly as provided by Client at a production facility supplied by Talent and shall provide “broadcast quality” digital files of the performance to Client in accordance with this Agreement.
SCOPE OF USAGE OF DIGITAL FILES
The final digital files as delivered by Talent under this agreement are intended to be used for the express amount of time as specified in this agreement. Talent is granting a license to use his voice and likeness only for that time period. Any unauthorized use after that time period is strictly prohibited.
RECORDING SESSION AND DELIVERY OF DIGITAL FILES:
Session can be SUPERVISED by the client and can be conducted by means mutually agreeable to the parties. This could include by ISDN, Source Connect, Phone Patch, Skype, etc. Talent agrees to pay the costs associated with Phone Patch, but for ISDN or Source Connect, Client shall reimburse talent for those costs if not included as part of the voice over costs, or shall provide a recording facility to talent that provides those services.
If Session will be UNSUPERVISED recordings will be sent digitally to Client via method that the Client chooses such as email, FTP, or file transfer service.
It is Client’s responsibility herein to provide Talent the proper information of delivery of the digital files in a timely manner.
Once recording is completed by Talent, payment in full is due in advance, and if any revisions to the script are made, or re-reads are requested of Talent, Talent shall be entitled to an additional amount to be agreed to by the parties prior to the read. A minimum of $150 will be charged per revision. If re-reads are necessary through the fault of Talent, Talent agrees to re-record such portions of the script where errors were made at no charge to Client.
Talent will not disclose to any party any trade secrets or confidential information of Client, including, without limitation, (a) any information concerning any of the products or services of Sponsor that has not been disclosed to the general public with Client’s authorization, (b) the contents, nature or direction of any advertising campaigns, storyboards, copy, commercials or other materials produced hereunder until the applicable commercial or other material airs or otherwise publicly appears with Client’s authorization, (c) your relationship with Client until such relationship has been publicly disclosed with Client’s authorization and (d) any of the terms of this Agreement. Client will also give proper credits to talent stating them on each project as produced and broadcast in any manner.
TALENT’S RIGHT TO CONTRACT:
Talent hereby warrants and represents that Talent has the full right and authority to enter into this Agreement with respect to his services; that Talent has not limited, by agreement with others, his right to perform services hereunder; that in the making or performance of this Agreement, Talent will not knowingly violate any laws, orders or regulations, or the rights, legal or equitable, of anyone; and that Talent has the full ability and right to do any and all things called for by this Agreement. Talent warrants that he is of legal age to enter into contracts.
Client agrees to hold Talent harmless for any and all claims made against Talent arising out of any project, including payment of Talent’s reasonable Attorney’s fees and Court costs. This shall include, but is not limited to, any lawsuits or claims against Talent as a result of libel/slander, breach of warranty, violation of publicity rights for celebrity impersonations, etc.
RIGHT TO COPY OF FINISHED WORK
Client agrees to furnish a copy of the finished project to Talent, and Client agrees that Talent may use all or a portion of the copy on Talent’s website or voiceover Demo, only for promotional purposes of Talent’s voice over services, subject to the Confidentiality clause above.
CHOICE OF LAW/JURISDICTION:
This agreement and its performance shall be governed by California Law. Any disputes under this agreement shall be resolved by the California Courts.
This agreement contains the entire understanding between Client and Talent with respect to the subject matter hereof, it may not be altered or waived except by a writing signed by both parties.