Licensor:
Maximus Music Group, LLC Maxwell J. Elefant, CEO
260 Hewlett Neck Road
Woodmere, NY 11598
Licensee: {legalName}
License: “{address}”
This Agency Agreement is made for a non-exclusive licensing right for “ {3Track}” on {date} , by and between Maximus Music Group, LLC. (“MMG”) and {4Songwriter5}{typeA49}{typeA51}{typeA59}(“Client”) for a period of one (1) year. The agreement will auto-renew if the either party does not notify the other in writing within sixty (60) days of the expiration date of their desire to cancel the renewal. If either party wishes to cancel this agreement within a contract period, they can notify the other party in writing with ninety (90) days notice.
Client agrees with the following facts in mind:
A. MMG is actively engaged in the business of licensing musical compositions and sound recordings for use in all forms of media, including motion pictures, broadcast television and cable including through its Radio In Retail division the right to grant non-exclusive licenses for the public performances of the recordings and compositions.
B. Client owns and/or controls the rights to license a catalog of musical compositions and/or sound recordings in all media.
C. Client desires to appoint MMG as its non-exclusive agent to secure licenses for use of all or such portion as Client may designate of its catalog (hereinafter "Client's Catalog") in all media. Now, therefore, in consideration of the mutual covenants contained herein, MMG and Client agree as follows:
1. Client hereby appoints MMG as Client’s non-exclusive worldwide agent to license Client’s Catalog in all media. MMG is specifically authorized to make all, or such portion as MMG may in its absolute discretion decide, of Client’s Catalog available for licensing on MMG’s web site.
2. Unless the box at the end of this Paragraph is checked, Client also grants MMG the right to license Client's Catalog for public performances on a non-exclusive basis through MMG's Radio In Retail Division throughout the world. ☐
3. Client shall make its Catalog or any portion it wishes to be included in this agreement available to MMG for MMG’s review. MMG shall thereafter review Clients Catalog and determine in MMG’s sole discretion the identity of the musical compositions and/or sound recordings that MMG shall attempt to license. During the term of this agreement Client may submit additional musical compositions and/or sound recordings for consideration by MMG for licensing pursuant to this agreement.
4. The licenses granted by MMG pursuant to the authority of this Agency Agreement may be in perpetuity for life of any applicable copyrights and worldwide or for such lesser term or territory as MMG in its sole discretion shall decide. MMG will not grant an exclusive license in any musical composition or sound recording from Client’s Catalog unless it has received Client’s prior authorization to do so.
5. The fee to be charged (the “License Fee”) for the license of the musical compositions and/or sound recordings in Client’s Catalog shall be set by MMG in its sole discretion.
6. Client shall be entitled to 75% of all net License Fees and Publishing Fees received and collected by MMG as a result of the Licensing by MMG of
Client’s Catalog. Non-refundable advances received and collected by MMG will be treated as License Fees to be distributed pursuant to this Agency Agreement. Upon the initial placement in a licensing agreement, MMG with charge the Client a one (1) time $250.00 fee.
7. Client shall be paid all sums due Client on a quarterly basis, except that no payment shall be made to Client until at least $100 (One Hundred Dollars) is due client.
8. Client represents and warrants that it has full authority to enter into this Agency Agreement and grant MMG the rights to license granted herein. Client hereby agrees to indemnify, hold harmless and defend MMG, its agents, officers and employees, against any and all claims or suits arising from, or alleging, a breach by Client of any of the representations, warranties or covenants made by Client herein. MMG will promptly notify Client of any such claim or suit and, in addition to any other remedies available to MMG under the terms of this Agency Agreement or the law, MMG may withhold all or any portion of the License Fees otherwise due Client hereunder until such claim or suit has been fully resolved.
9. Client acknowledges that the relationships between MMG and the parties to whom MMG licenses Client's catalogs are of special interest to MMG and that MMG has devoted substantial time, effort and expense to develop those relationships. Client therefore agrees that Client will not contact any such licensees directly unless MMG has given Client written permission to do so.
10. This Agency Agreement may be terminated by either party upon 30 days written notice. All licenses issued by MMG prior to the effective date of the termination of this Agency Agreement shall be valid and binding on Client.
11. This Agency Agreement shall be governed by the Laws of the State of New York. Any dispute hereunder shall be submitted to arbitration before the American Arbitration Association in Nassau County, State of New York, to be heard by one arbitrator who is familiar with the music business. The prevailing party in any such dispute shall be entitled to recovery of its reasonable attorney fees and costs incurred in addition to any other relief
granted. Judgment on any arbitration award may be entered in any State or Federal Court in the County of Nassau,
State of New York.
12. Notices hereunder shall be in writing and sent by facsimile and overnight delivery service to the addresses provided below. Notices shall be deemed received the next business day after having been sent in accordance with this paragraph. Notices should be sent as follows:
260 Hewlett Neck Road
Woodmere, NY 11598
Client Address
{address}
13. This Agency Agreement may be executed in counterparts by use of digital signing technology. Facsimile signatures and/or digital signatures shall be treated as originals.
Agreed and accepted by signing below.