Label Ready Artist Contract
Bitchin' Entertainment, Inc., its affiliates and employees are not responsible or liable for the content of any linked sites, other than those actually maintained by Bitchin' Entertainment. Agreement, between _______________________ __________________________________________
__________________________________________ Name & address of artist (or legal signatory) and Bitchin' Entertainment, Inc, represented by Rodney Yarbrough and Theresa Yarbrough,
whose mailing address is P.O. Box 413 Lindale, Georgia 30147 USA. Whereas, Artist wishes to participate in a collaboration between Artist and Bitchin' Entertainment. The primary purpose of this collaboration is to enable Bitchin' Entertainment to promote the Artist's recorded material to music fans and entertainment professionals, to possibly showcase Artist in a live setting, and to promote the Artist's Official Website on the World Wide Web to create further opportunities in the music business for Artist; and Whereas, Bitchin' Entertainment is capable of and wishes to provide such services to Artist ; Now, in accordance with the preceding statements and the mutual conditions outlined as follows, the parties hereto agree: 1. Artist is the owner or licensee of any material (including, but not limited to sound recordings and musical works) submitted to Bitchin' Entertainment and is authorized to license Bitchin' Entertainment to:
(a) perform that material on its website All information submitted to Bitchin' Entertainment is true and correct and Artist is authorized to submit that information to Bitchin' Entertainment on a non-confidential basis. Artist grants Bitchin' Entertainment authorization and a nonexclusive, revocable, worldwide license to: 2. Artist is entitled to furnish Bitchin' Entertainment with new tracks on CD for review the first of every month for the length of this agreement. 3. If a contact expresses interest in Artist, Bitchin' Entertainment will provide Artist with contact's name and number to allow Artist and / or Artist's representative to follow up the lead. 4. Artist retains all copyright, mechanical, publishing and performance rights to their track(s). 5. Bitchin' Entertainment agrees to upload link to Artist's Official Website to the Bitchin' Entertainment website or to complete Artist's a new Home Page on the Bitchin' Entertainment website. 6. Artist's EPK (electronic press kit) on the Bitchin' Entertainment website will include info provided by Artist, including: bio, no more than two (2) tracks, link to the Artist Official Website, and promo photo. (a) All other requested changes to Artist's info will be updated monthly. 7. Artist agrees to furnish Bitchin' Entertainment by e-mail complete Artist info which includes: artist/band name, title of song(s), author(s), musicians, copyright and phonograph rights, and (if any) the name of record label, management firm, or other organization that Artist is signed to and appears courtesy of. Artist agrees to furnish Bitchin' Entertainment by mail with official Artist photo and all CD artwork. If Artist does not have access to e-mail, furnishing Artist info by way of regular mail will be sufficient. 8. Artist is responsible for retaining an exact duplicate CD or DAT copy (aka "safety") of submitted material. Bitchin' Entertainment is not responsible for damaged CDs or CD-Rs. Recorded material will be returned only if a self-addressed stamped envelope is provided with adequate postage. 9. Bitchin' Entertainment retains all rights to its name and its Official Website. Artist agrees to obtain prior express written or verbal consent of Bitchin' Entertainment before using the name "Bitchin' Entertainment" in any manner including posters, flyers, advertising, bios, or websites.
10. This Agreement cannot be assigned or transferred by either Artist or Bitchin' Entertainment to a third party. 11. Artist is required to place a reciprocal link to Bitchin' Entertainments website. 12. Any amendments or modifications to this Agreement must be in writing and signed by both parties. 13. This contract constitutes a non-exclusive agreement between both parties. Artist may enter into agreement with other parties at any time. 14. Both parties agree that Bitchin' Entertainment is acting as an independent contractor. This Agreement is not an employment agreement, nor does it constitute a joint venture or partnership as defined by law between Artist and Bitchin' Entertainment. 15. Bitchin' Entertainment has final approval on all aspects of its own website, including content, links, and presentation of any and all items for inclusion on the Bitchin' Entertainment Official Website. 16. Artist agrees to indemnify, defend, and hold harmless Bitchin' Entertainment from any and all losses, claims, damages, demands, payments, expenses, legal fees, or other costs incurred as a result of Artist's breach of any of the above representations, warranties and agreements. 17. Artist further agrees, in the event that Bitchin' Entertainment must defend against any claim of any person that this Agreement is in violation of such person's contractual, statutory, or common law rights, including copyright or other intellectual property rights, or pay damages or legal fees as a result of any such claim, including legal fees or other payments required by or resulting from copyright infringement by Artist, the undersigned shall indemnify Bitchin' Entertainment for any such claims, demands, payments, costs, damages, or attorney's fees. 18. Artist hereby represents and warrants to Bitchin' Entertainment that the Artist has full authority and power to enter into this Agreement, and that the agreement as described in this document will not violate or result in a violation of any contract or agreement between the Artist and any other party. 19. This contract is for the term of one year from the date of signing. 20. Artist information will appear on the Bitchin' Entertainment website no later than 14 days after signed contract is received by Bitchin' Entertainment. 21. This Agreement is fully revocable with 10 days written notice by either party. In the event of notice, Bitchin' Entertainment agrees to remove the Artist from all of its printed materials and website within 10 days of receiving notice, and to cease all representation of the Artist. 22. If during the course of this contract Artist becomes signed to a music industry contract, Artist agrees to allow Bitchin' Entertainment the right to use the Artist name and likeness as promotion for the Label Ready Artist program on the Bitchin' Entertainment website. 23. This Agreement constitutes the entire understanding between the parties hereto. This Agreement shall take effect on this _______ day of ________________, 2008, and remain in full force and effect for one year unless terminated as provided herein. In witness whereof, the signatories of Artist and Bitchin' Entertainment have signed this Agreement as of the date set forth above. _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________
further referred to as the "Artist" represented by
(a) transmit and exhibit or perform all material submitted to it by Artist on its website
(b) provide such information and, for demonstration purposes only, any sound recording and musical works submitted by Artist to record labels, talent scouts, and similar organizations.
Artist or Authorized Artist Representative(signature)
(print name)
Authorized Bitchin' Entertainment Representative(signature)
(print name)
