TERMS and CONDITIONS
AGREEMENT
Between
(1) opera.agency (creative soundLAB producers)
and
(2) Artist (music creator showcasing music works at a creative soundLAB
event)
opera.agency is a music networking and showcase event producer and the
Artist wishes to showcase certain of the Artist’s music works.
By agreeing to showcase music works at a creative soundLAB event the
Artist agrees as follows:-
1. Warranties
The Artist warrants that:-
1.1 he is free to enter into the terms of this Agreement;
1.2 he is the sole owner or licensor of the Licensed Masters and of
all the performances embodied thereon, and has the right to showcase
music works at a creative soundLAB event produced by opera agency;
1.3 none of the Licence Master recordings which are licensed under this
Agreement shall interfere or infringe with the rights of any other party,
and the Artist has obtained all necessary clearances and permissions;
1.4 the Licensed Masters are free from all liens, encumbrances and/or
other legal obligations;
1.5 he has the right to negotiate and enter into collaborative arrangements
/ agreements / contracts with any third party.
2 Indemnity
2.1 The Artist agrees to indemnify and hold harmless opera.agency from
any costs, expenses, legal fees, losses or damages arising out of or connected
with:
a) any claim by a third party which is inconsistent with any warranties
or representations made by the Artist under this Agreement; or
b) any material breach by the Artist of this Agreement.
2.2 The Artist will reimburse opera.agency on demand for any and all claims
damages, expenses, costs and payments incurred by opera agency arising
out the indemnity in clause 1.1 above.
3 Miscellaneous
3.1 In the event and to the extent that any of the terms and conditions
of this Agreement shall be determined to be illegal, invalid or unenforceable,
such term or condition shall be severed from the remaining terms and
conditions which shall continue to be valid to the fullest extent permitted
by law and the parties shall enter into negotiations in good faith to
find a replacement for the provision which is of similar economic effect
to both parties.
3.2 This Agreement (including the Schedule) contains the entire agreement
between the parties with respect to the subject matter hereof and supersedes
all prior proposals, representations, agreements and negotiations relating
thereto whether written, oral or implied, between the parties or their
respective advisers, save as otherwise provided herein.
3.3 No failure to exercise or delay in exercising by either party to
this Agreement of any right, power, privilege or remedy under this Agreement
shall impair or operate as a waiver of such right, power, privilege
or remedy. Nothing in this Agreement shall constitute or be deemed to
constitute a partnership between the parties nor, except as expressly
provided, shall it constitute, or deem to constitute, any party the
agent of the other party for any purpose.
3.4 Any dispute or difference which may arise between the parties in
connection with this Agreement shall, by agreement of both parties,
be resolved by arbitration in which event the dispute shall be referred
to a single arbitrator to be agreed between the parties, or failing
such agreement within 14 days, to be nominated by [insert suitable organisation]
such arbitration to be carried out by reference to the Arbitration Act
1996 (or any statutory re-enactment thereof).
3.5 This Agreement shall be governed by and construed in accordance
with the laws of Scotland and the Scottish courts shall have exclusive
jurisdiction.
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DATA and EVENT TERMS and CONDITIONS
Email
(Artists)
By presenting your music works at a creative soundLAB event we reserve
the right to add your email address to our mailing list. Your details
will only be used for opera.agency / creative soundLAB communications
via our mail server platform. You may unsubscribe at any time.
(Audience)
By attending a creative soundLAB event we reserve the right to add your
email address to our mailing list. Your details will only be used for
opera.agency / creative soundLAB communications via our mail server platform.
You may unsubscribe at any time.
Please contact us (officeAToperaDOTagency) if you have any concerns.
Photography, filming and recording at events.
By attending a creative soundLAB event we reserve the right to take photography
and record footage of the event.
(There may also be sound designers recording crowd audio / sounds at this
event.) These may be used by opera.agency for marketing and publicity
on our website and in social media or in any third party publication.
Please contact us (officeAToperaDOTagency) if you have any concerns.
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DISCLAIMER
Artists and audience attend at own risk.
Artists showcasing music
material are solely responsible for their technology / devices and marketing
materials.
opera.agency will not be held liable for stolen or broken devices or materials
during creative soundLAB events.
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