The entire intent & purpose of this Terms Of Services is for the Artist/Artists’ to enter the  IF FOREVER MOTION PICTURE SOUNDTRACK SUBMISSION by creating  music material from the IF FOREVER script scene to scene.

Please know & be aware that every Artist/Artis’ who enters their created music material into  the Soundtrack Submission may not be selected or featured in the IF FOREVER movie. 

Motion Picture Sound Track/Composer Agreement  

This "Agreement" entered into as of  this March 22nd, 2021 between Pretty Boy Films Inc., Pretty Boy Records Inc. & Steel Town Records Inc.,(hereinafter called "Companies"), located at 2626 Connecticut St Gary Indiana Indiana, 46407  and the Artist after called Composer) of hereinafter called " Artist"),  The parties hereby agree as follows:

1. Services 
Artist shall prepare  musical lyrics by creating original songs from the IF FOREVER demo script/script scene/scene’s  for Companies.  Artist shall perform other reasonable duties as customarily performed and attributed to Composer for the lyrics of music for Companiesthat intends to use the composition in a motion picture known as IF FOREVER.

2. Term
The Term shall commence on the last signature under the Execution section of the Agreement and will not terminate 

3. Engagement
Companies hereby engage Artist:   a. To compose and record the Composition and to deliver to Companies, the Composition and a master/masters recording embodying the Composition; in connection there with, 
b. To attend the editing and dubbing sessions, subject to professional availability and, if applicable, assist in re-dubbing of the recording of the Masters in connection with the motion picture, including changes or modifications required by Companies.
c. To render services hereunder as artist, master recording Companies and recording artist/musician.
d. To render all services usually and customarily rendered by and required of composers, master recording Companies and recording artists/musicians in the motion picture industry and as required by Companies with respect to the Composition. In addition, artist shall be responsible for the engagement of all persons who render services in connection with the creation of any musical material hereunder and shall discharge all of the obligations of an employer, whether imposed by law, by applicable union rules and regulations or otherwise with respect to such persons.
e. To secure all agreements, clearances, and waivers necessary in connection with Companies use of Licensed Compositions and the Licensed Masters. f.  To be the sole artist of the Composition and sole featured recording artist/musician and sole master recording Companiesfor the master recording to be created hereunder; consequently: under no circumstances shall Composer engage any third parties to render services as co-composers, co-writers of the Composition and /or as recording artists/musicians and/or as master recording Companies of the master recording to be made here-under, without the express prior written authorization of Companies; and artist shall not collaborate with any third parties in the actual composing, writing, performance or production of musical material hereunder without Companies prior written approval.
g. To comply with all reasonable directions, requests, rules and regulations of Companies and perform all services and obligations as required by the Company hereunder to the best of Composer’s ability. Companies Judgment shall be final in all matters.

4.  Expenses
a. If artist incurs expenses as a result of necessary activities associated with services for  Companies required for fulfillment of services, then the Artists’ Entertainment Company if any   agrees, in addition to other monies paid to Composer, to provide artist reimbursement for all reasonable expenses incurred by Composer, presented to Companies with supporting documentation within 60 days of incurring the expense. b. All travel arrangements shall require prior written consent from an authorized agent of Companies.

5. Compensation
As full and complete consideration for all services performed hereunder and all rights granted herein, Companies will provide fixed compensation of $0.00 to artist for the services rendered hereunder and use of the composition by Companies.

 

6. Screen Credit
a. Artist shall receive credit as Artist substantially as follows: "Artist" or "Song by" or "Rap by" to "Musical Score by" in the opening and closing credits. Size, type, style, placement and duration shall be determined by Companies.
b. Artist shall be given the above credits only in the event that the Film is produced and in the event of any inadvertent error with either credit, Artist is not entitled to any injunctive relief.

7. Royalties
a. Companies agree to pay, or cause Distributor to pay to Composer, the following royalties for the sale of phonograph records containing the master recordings embodying compositions composed and recorded by composer and included in the music soundtrack of the Picture (referred as the "Masters"). (a) A royalty at the rate of 80% of the suggested retail list price from time to time for net sales of phonograph records embodying the "IF FOREVER Soundtrack Album" through normal retail channels in the United States. This does not imply to Artist. See statement in bold under company engagement to artist.
b. Solely if composer renders services as the Companies of the Masters for the purposes of embodying same on the IF FOREVER Soundtrack Album, Companies will pay or cause to be paid to composer and additional royalty at the rate of [1 Percentage] of the suggested retail list price from time to time for U.S.LP Retail Sales. This does not imply to Artist. See statement in bold under company engagement to artist.
c. The royalty payable to composer as set forth above shall in all respects be reduced, computed and determined in the same manner as Companies basic royalty under the Distribution Agreement (i.e., without regard to any sales escalations) is reduced, computed and determined for such sales (including, without limitation, based on the same percentage of net sales, subject to the same reserve and liquidation provisions, and subject to the same packaging deductions, free goods and discount reductions) and the royalty payable to Composer for all other sales of phonograph records and other exploitation of the Masters shall be subject to the same category variations deductions and reductions as is Companies basic royalty under the Distribution Agreement (including, without limitation, reductions for foreign sales, tape sales, "singles" sales, "mini-LP" sales, record club sales, mid-price and budget sales, PX sales, compact disc sales and coupling). No royalties shall be payable to artist for any exploitation of the Masters for which Companies is not entitled to receive or does not earn a royalty pursuant to the Distribution Agreement. See statement in bold under company engagement to artist.
d. Notwithstanding anything to the contrary contained herein, the royalty payable to Composer for sales of any phonograph record not consisting exclusively of the Masters shall be prorated on the basis of the number of Masters contained thereon divided by the total number of master recordings on such record. Royalties on Masters embodying Composer’s performances, together with the performances of one or more other royalty bearing artists shall be prorated on the basis of the number of artists (including Composer) whose performances are embodied on such Master. If any Master is produced by Composer, jointly or separately, with another record Company to whom Companies shall be obligated to pay a royalty, or if any other record Company to whom Companies shall be obligated to pay royalty, or if any other record Company to whom Companies is obligated to pay a royalty shall perform additional services for the Master produced by Composer, then the royalty payable to Artist for such Master shall be reduced by the royalty payable to such other record Company. See statement in bold under company engagement to artist.
e. Notwithstanding any of the foregoing, no record royal-ties shall be payable to Composer unless and until all recording cost and conversion costs of the Masters shall be recouped by Distributor or Companies, as the case may be, from royalties payable to Composer. After such recoupment, Composer’s royalty shall be paid prospectively, commencing with the next record sold after such recoupment.
f. At such time, if any, as Companies royalty account under the Distribution Agreement is in a recouped position and Composer’s royalty account is recouped ("Recoupment"), Companies agrees to use its best efforts to cause Distributor to account for and pay Composer’s royalties directly to Composer on a semi-annual basis, according to Distributor’s standard accounting procedures, commencing with the accounting period immediately following Recoupment. If Companies accounts directly to Composer, Companies shall be entitled to rely on Distributor’s royalty statements to Companies in accounting to Composer. Composer shall be deemed to have consented to each royalty accounting to Composer, and each such accounting shall become final and binding upon Composer, unless Composer renders specific written objection, stating the basis thereof, at least sixty (60) days prior to the date that the agreement originated Distributor’s corresponding accounting to Companies becomes binding on Companies; and if Companies gives Composer written notice that it denies the validity of the objection, unless suit is instituted thereon at least sixty (60) days prior to the last date Companies may institute suit against Distributor on the corresponding accounting to Composer.  Composer shall have right, at Composer’s expense, to audit Companies books and records which have not been rendered incontestable, but no more often than once per twelve (12) month period, relating to the sale of phonograph records embodying the Masters, during normal business hours and on reasonable written notice.  Composer has no independent right to audit Distributor’s books and records unless Distributor shallhave agreed to same. If Companies elects to audit Distributor’s books and records relating to phonograph records under the Distribution Agreement (which Company shall have no obligation to do), Composer shall receive Composer’s pro rata share of any net recovery there from (i.e., after deduction of the costs of such audit) in the proportion which Composer’s royalty for the record involved bears to the overall royalty for the record involved payable pursuant to the Distribution Agreement.

 

8. Reducing Costs
a. Composer agrees to pay all costs and expenses in connection with composing, arranging, copying and delivery of the complete musical composition. Companies shall not be any financial obligation whatsoever with respect to the foregoing. Composer agrees that any and all recording costs shall be their sole responsibility including artist.
b. Composer agrees to pay all musician’s fees (if any) and any union fees or residuals (if any) that may be owing for the musical composition.  Composer further agrees to indemnify and hold company harmless in connection therewith.  Companies shall not be required to pay any sums in connection with the musical composition, the Composer’s services hereunder in connection with the advertising and exploitation of the motion picture or Companies other uses as provided hereunder.

9. Rights
a. Artist agrees that all musical material created by Artist or Artists’ Entertainment Company  hereunder is "work made for hire" (for the purpose of U.S. copyright law and all other copyright laws throughout the Universe) created pursuant to this employment Agreement in the regular course of Composer’s employment hereunder. If or to the extent for any reason in any country, any or all such musical material is not recognized to be a "work made for hire’ then Composer hereby irrevocably and absolutely assigns to Companies all rights (copyrights, rights under copyright and otherwise, whether now or hereafter known) and all renewals and extensions (as may now or hereafter exist) thereof, in and to all such musical material, throughout the Universe and in perpetuity.
b. Companies shall be deemed to be the author of such musical lyrical material. Companies as author shall own all rights (copyrights, rights under copyright and otherwise, whether now or hereafter known) and all renewals and ex-tensions (as may now or hereafter exist) thereof, in and to said musical material, throughout the Universe and forever with the right to make such changes therein and such uses thereof including but not limited to derivative works, as Company may determine as author, in all media/formats/methods/manner now or hereafter known.
c. Companies shall have the sole exclusive perpetual and universal right to use, perform, adapt, arrange, rearrange, change, add to, subtract from, and dramatize the musical composition. Companies shall also have the right to combine the musical composition with other musical and/or literary material in connection with the motion picture, or other motion pictures and/or the advertising and promotion thereof or of  the Companies, for exploitation in any and all media now known or hereafter devised, including but not limited to theatrical, non-theatrical, free pay, subscription, toll, direct broadcast, cable and closed circuit television, video cassettes, video disks, laser disks, video tape, interactive multimedia, and any other form of audio visual device now known or hereafter devised, throughout the universe, and in advertisements, trailers, featurettes and other promotions and co-promotions of the motion picture.
d. Artist hereby assigns to Companies in perpetuity, on Composer’s own behalf and on behalf of Composer’s respective successors-in-interest, heirs, executors, administrators, and assigns, all of Composer’s economic rights in all musical material created hereunder, in the motion picture and any derivative works based on such aforesaid musical material and/or the motion picture  which are, at any time, granted by domestic, foreign, or multi-national legislation, including, but not limited to European Economic Community ("EEC") or other legislation or directives concerning remuneration pursuant to any blank audio/visual tape levy, rental, lending, public performance rights, so-called "performer’s property rights" and/or rights in respect of satellite and cable retransmission broadcasts in EEC member states or otherwise.  Composer acknowledges that the compensation set forth in this Agreement includes full, equitable and adequate consideration for this assignment and that such consideration is and adequate part of the revenues derived or to be derived by Companies from such rights.

10. Warranties
Composer represents warrants and agrees as follows:
a. The results and proceeds of Composer’s services here-under shall be wholly original and shall not be copied in whole or in part from or based upon or adapted from any other work; neither the Composition no the results and proceeds of any other services rendered by Composer hereunder shall infringe upon or violate the right of privacy or constitute a libel or slander against or violate any common law rights or any other rights of any person firm or corporation; the Composition, shall not have previously been exploited or performed in any medium whatsoever and no copyright application has been filed in the United States or in any other country or territory with respect to all or any portion of the Composition.
b. Artist has the full right and power and is free to enter this Agreement and to perform all services required to be performed by him hereunder and neither the Composition nor any other material created hereunder shall be subject to any claims or encumbrances which would derogate from the rights to beacquired by Companies hereunder.
c. Artist agrees to hold Companies and its respective agents, successors, licensees, assigns, employees, officers and directors, etc. (collectively referred to herein as "indemnified parties") harmless from and against all claims, demands, losses and expenses, including reasonable attorneys’ fees, arising out of any breach or claim of breach by composer of any of his/her representations, warranties or agreements hereunder. In the event any claim is brought against Companies and/or any other indemnified parties, which is inconsistent with any of the warranties, representations or covenants made by Composer under this Agreement, and Companies and/or such other indemnified parties deems itself/themselves jeopardized as result thereof, Composer shall be promptly notified  of the claim and shall have the opportunity at Composer’s sole expense, with counsel of Composer’s choosing, to participate in the defense thereof, provided that the final control or disposition of the claim or action shall remain with Companies or Companies designee.

11. Waiver
Without limiting the generality of the foregoing Composer hereby irrevocably and unconditionally waives any right or entitlement Composer may have pursuant to Sections 77-85 (inclusive of Chapter IV of the Copyright Designs and Patents Act of 1988, or any statutory modifications or enactments thereof or the laws of any other jurisdictions. With respect to any of the musical material created hereunder, if and to the extent copyright registration therefore in any country/territory is required to be acquired in Composer’s name, Companies shall have the full right, power and authority to apply for such copyright registration(s) in Composer name, Companies shall have the full right, power and authority to apply for such copyright registration(s) in composer’s name whereupon Composer shall promptly assign/transfer such copyright registration(s) to Companies.  Similarly, if any copyrights in and to any of the musical material created hereunder in any country/territory are required to be renewed and/or extended in the name of Composer, then Composer shall take all measures necessary to renew/extend the copyrights involved and promptly thereafter shall assign such copyrights (and all rights there under and otherwise) to Companies for such renewal/extended term(s), without Companies having to pay any additional consideration therefore.

12. Exclusivity
Artist’s services will be rendered on a non-exclusive basis as when and where required.

13. Publicity
a.   Any publicity, paid advertisements, press notices or other information with respect to the Film will be under the sole control of Companies. Therefore, composer, his/her agents or representatives, or any of them, will not issue or consent to and/or authorize any person or entity to release such information without the express prior written approval of Companies,  Any violation of this paragraph shall be considered a material breach of this agreement.
b. Composer hereby grants Companies the right during the Term of this Agreement, to issue and authorize publicity, paid advertisement, press notices and other information concerning Composer.

14. Name and Likeness
Composer hereby grants to Companies the perpetual right to use, and license others to use, Composer’s name, approved likeness, biography, voice and other sound effects in connection with the rights granted by Composer hereunder, the Film based upon or utilizing Composer’s services or musical compositions hereunder and/or in connection with any exploitation or publicizing of such services, compositions or Film.

15.  Incapacity and Death
a. If Composer suffers incapacity, Companies may suspend composer’s services during the duration of such incapacity and be relieved of its obligations to pay Composer for each day Composer is under such incapacity. "Incapacity" as used herein, shall include, without limitation, and physical or mental disability rendering Composer unable to perform any or all of Composer’s obligations hereunder.
b. Composer hereby grants Companies and irrevocable power of attorney, coupled with an interest which shall survive Composer’s subsequent incapacity, to perform any and all such acts and/or to execute any and all such instruments or other documents which Composer fails to perform and/or fails to execute or deliver within seven days (or such shorter period as Companies may reasonably require) after receipt of Companies written request therefore.
c. Companies is hereby authorized to perform any such acts and to execute any and all such instruments and documents in Composer’s name and as Composer’s attorney-in fact, which right is coupled with an interest and includes full power of substitution and delegation. Without limiting the foregoing, Composer shall execute and deliver to Companies a Certificate of Authorship in the form required by Companies. 
d. This Agreement shall automatically terminate in the event of Composer’s death and Companies may terminate this Agreement in the event composer’s incapacity extends beyond fourteen (14) consecutive days or three (3) weeks in the aggregate during the Term of this Agreement.

16. Notices Any notice required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally or seven (7) days after being sent by first-class registered or certified mail, return receipt requested, to the party for which intended at its or his/her address set forth in this Agreement or to such other address as either party may hereafter specify by similar notice to the other. If the date for the exercise of an option or a date on which a notice must be received falls on a weekend or a legal holiday, the date shall be deemed extended through the close of the next business day thereafter.

17. Assignment This Agreement is exclusive to the services of  Artist hereunder and not assignable for the personal services of composer to anyone else.

18. No Authority to Bind Artist has no authority to bind Companies in any third party agreements or any other agreements unless a prior agreement has been made with Companies in writing.

 

19. Default Upon any breach or default by artist of any terms or conditions hereof or any failure to deliver any materials required hereunder Companies shall immediately have the right to terminate this Agreement.

20. Remedies No act or omission of Companies hereunder shall constitute an event of default or breach of this agreement unless Artist shall notify Companies in writing setting forth such alleged breach or default and Companies shall not cure said alleged breach or default within thirty days after receipt of same. In the event of any breach by Companies of this Agreement, Artist shall be limited to his remedy at law for damages if any and shall not have any right to terminate or rescind this Agreement or to in any way enjoy or restrain the production, distribution, advertisement, telecast exhibition or other exploitation of the motion picture.

21. Further Documents The hereby agrees to execute any further documents or amendments which are necessary or proper to make the substance of this Agreement effective and binding upon the parties hereto and which are necessary and proper for performance of all matters herein agreed upon.

22. No Obligation To Use Nothing herein shall be deemed to nor shall it obligate Companies to actually use or exploit all or any portion of the results and proceeds of Artist’s services hereunder.

23. Union Artist’s services hereunder are provided completely on a "buy-out" basis regardless of whether or not the services are provided under a guild or union.

24. Termination Companies shall have the right to terminate this Agreement andArtist’s services if, Companies in good faith belief, based on thefacts then available to Companies, Artist has engaged in any of the following conduct a) fraud, misappropriation or embezzlement of funds; b) willful disregard of instructions, applicable company policies, regulations or procedures of which Artist was or should have been aware; or c) gross misconduct. Termination under this provision shall be effective immediately upon receipt of notice by Composer. In the event or termination of this Agreement for any reason, it is understood that Companies rights in and to all the results and proceeds of all services theretofore rendered by Artist hereunder shall neither be altered, affected or impaired by virtue of such termination.

 

25. Miscellaneous Provisions a. Entire Agreement This Agreement is the entire agreement of the parties relating to the subject matter hereof and all previous and contemporaneous communications, negotiations and understandings with respect to the subject matter hereof, both oral and written, are merged herein.

b. Voluntary Agreement Artist represents and warrants that he/she has entered into this Agreement freely and voluntarily without any duress, coercion or undue influence.

c. Modifications No modifications to this Agreement shall be binding upon any party(ies) except by a written instrument signed by the party or parties to be bound.

d. Interpretation Nothing contained in this Agreement shall be construed so as to require the commission of any act contrary to law, and wherever there is a conflict between any provisions of this Agreement and any material statute, law, ordinance, order or regulation contrary to which the parties hereto have no legal right to contract, the latter shall prevail, but in such event any provision of the Agreement so affected shall be curtailed and limited only to the extent necessary to bring it within the legal requirements.

e. Act of God If because of any act of God; accident; strike or labor dispute; riot or civil commotion; act of public enemy rule, act or order of government or governmental instrumentality; failure of technical facilities; failure or delay of transportation facilities; or any other cause not reasonably within the control of Companies and/or the publisher, companies and /or the publisher is/are materially hampered in the performance of its/their obligations to Artist hereunder, then without limiting the rights of Companies and/or the publisher Company and/or the publisher shall have the option to suspend such of Companies/the publisher’s obligations hereunder as are actually affected by the contingency for the duration Companies and/or the publisher as the case may be) is materially hampered as a result of the contingency.

f. Ambiguities This Agreement shall be deemed to have been drafted by all the parties hereto, since all parties had the opportunity to review and agree thereto and no ambiguity shall be resolved against any party by virtue of its participation in drafting of this Agreement.

g. Relationship of Parties The parties hereto are entering into this Agreement as independent contractors, and no partnership or joint venture or other association shall be deemed created by this Agreement.

h. Attorneys or Agent Fees The fees, expenses and commissions of any attorney, accountant, agent or manager employed, retained or consulted by Artist shall be borne solely by Artist or Artists Entertainment Company.

i. Agreement Copies This Agreement may be manufactured, or executed in as many copies or counterparts and are all one in the same Agreement and are executed.

j. Binding Effect This Agreement and all rights and obligations hereunder, shall be binding on and insure to the benefit of the parties hereto and their respective heirs successors licensees and assigns.

k. Governing law This Agreement shall be governed by the laws of the Untied States of America applicable to contracts to be wholly negotiated and performed therein. Any claim, dispute or disagreement with respect to this Agreement shall be submitted to the courts of the following States: Indiana, Illinois, Louisiana, or the Federal courts within the United States of America, which courts shall have the exclusive jurisdiction thereof.

26. Severability Except as expressly provided to the contrary herein each provision of this agreement shall be considered separate and divisible and in the event that any provision is held to be invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provision shall continue to be in full force and effect without being impaired or invalidated in any way.

27. Agreement must be Signed This Agreement is not valid or binding unless and until in writing signed by a duly authorized officer of Companies. No amendment, modification, extension, release, discharge or waiver of this Agreement, or of any provision hereof, shall be valid or binding unless in writing signed, in the case of company, by a duly authorized officer of company, or in the case of Artist, by Artist. No oral agreement shall be binding on Companies unless and until reduced to writing and signed by a duly authorized officer of Companies. This Agreement is effective once you select I AGREE  

 

28. Commencement of Agreement This Agreement shall commence upon the date of execution, and all parties intend to be bound throughout the Term of the Agreement.