TERMS OF AGREEMENT BETWEEN CLIENTS OF SILVER BELLS AUDIO
& MARY ANN MORTENSEN FOR AUDIO SERVICES
AGREEMENT TO PROVIDE VOICE OVER SERVICES:
Between Mary Ann Mortensen of (216 Pine St. Creston, OH 44217) (TALENT) and Client Accepting these Terms of Service (CLIENT/PRODUCER) is designated by the name of person, business or entity creating account on Silver Bells Audio, LLC vCita CRM platform. It is understood that Silver Bells Audio, LLC will manage messaging/email, scheduling, notifications/reminders, estimates/invoicing, file exchange, & payments through Silver Bells Audio, LLC's vCita CRM platform.
To Be Chosen By Client When Arranging Services with Mary Ann Mortensen of Silver Bells Audio, LLC. as agreed upon in Client's Account Messaging service provided through Silver Bells Audio, LLC vCita CRM platform or email.
SCOPE OF AGREEMENT:
Voiceover project shall be recorded in the English language* 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 specifically arranged with Silver Bells Audio, LLC for an additional cost. Upon request, Silver Bells Audio, LLC will provide an estimate for this additional audio production as agreed upon in Client's Account Messaging service provided through Silver Bells Audio, LLC vCita CRM platform or email.
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 a Broadcast/NonBroadcast Production.
If Broadcast, it is intended to be broadcast on Television/Radio for a 13 week/1 year/Other Broadcast cycle.
If Non-Broadcast, the digital files are intended to be used for Narration/Telephony/Internet/Podcasting/New Media/Gaming/Industrial Video/Other as agreed upon in Client's Account Messaging service provided through Silver Bells Audio, LLC vCita CRM platform or email.
(CLIENT) accepting these Terms of Service agrees to compensate the talent at the rate of the per Hour/Job/Page/Other received in the final estimate of services requested. All per page projects will be quoted using Microsoft Word documents, in 12 point Helvetica font size. Margins will be 1.25 left, 1.25 right with 1 inch margins on the top and bottom of the page. If scripts are sent in other formats, they will be converted to these specifications for price quotes. Scripts may be exchanged inside (CLIENTS) file exchange area inside their Silver Bells Audio, LLC vCita CRM platform.
Payment will be made by (CLIENT) through Payment Option inside Silver Bells Audio, LLC vCita Platform/PayPal/Credit Card/Check/Wire Transfer/Other as agreed upon in Client's Account Messaging service provided through Silver Bells Audio, LLC vCita CRM platform or email.
Digital files will be submitted to client upon receipt of full payment hereunder and shall be delivered via method described below.
Should payment not be received by Talent within 30 days of the date of delivery of the files as per above, Talent shall have the option of charging interest at 12% per annum (1% per month) on the full balance due.
RECORDING SESSION AND SCOPE OF DELIVERY OF DIGITAL FILES:
Session will be SUPERVISED by the client and shall be conducted using:
Source Connect/Skype/Other as agreed upon in Client's Account Messaging service provided through Silver Bells Audio, LLC vCita CRM platform or email.
Talent agrees to pay the costs associated Source Connect, Client shall reimburse talent for those costs, or shall provide a recording facility to talent that provides those services.
Session will be UNSUPERVISED and recordings will be sent to Client via:
vCita portal/email/Filezilla/Hightail or similar service/FTP/Compact Disc/Flash Drive/Other as agreed upon in Client's Account Messaging service provided through Silver Bells Audio, LLC vCita CRM platform or email.. It is Client’s responsibility herein to provide Talent the proper information of delivery of the digital files in a timely manner.
For FTP username and password must be provided, for email or Hightail or similar service, a proper email address must be provided, or postal address must be provided for hard copy delivery such as Compact Disc or Flash Drive. Should Client request delivery of files by Flash Drive, Client agrees to reimburse client for the actual cost of the flash drive. Should Client request hard copies of files, they shall be sent via US Postal Service, unless express delivery service, ie FedEx, UPS, is requested by Client, in which case Client shall provide their express carrier account number or shall reimburse Talent for the cost of express delivery services. Talent agrees to forward such files where a signature is required, unless otherwise instructed by Client, and it will be Client’s responsibility to arrange for delivery of the hard copies of the files.
The Digital Files hereunder shall be delivered in mp3/wav/aiff/other as agreed upon in Client's Account Messaging service provided through Silver Bells Audio, LLC vCita CRM platform or email.
Voiceover DIGITAL FILES to be delivered by other means as agreed upon in Client's Account Messaging service provided through Silver Bells Audio, LLC vCita CRM platform or email, time not being of the essence.
For Supervised sessions, once recording is completed by Talent, payment in full is due and if any revisions to the script are made, or re-reads are requested of Talent, Talent shall be entitled to an amount equal to the amount paid under this contract for such revisions or re-do, unless Client and Talent agree on a different rate. For Unsupervised Sessions, upon request of the Client, talent will send a sample mp3 via email or ftp for approval by Client. Upon approval by Client, Talent will deliver the files as per above upon receipt of final payment. Any revision requests made at that point shall be paid at the same rate of this Contract unless Client and Talent agree on a different rate. For unsupervised sessions, 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.
CONFIDENTIALITY AND “WORK MADE FOR HIRE”
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.
Upon receipt of final payment as stated above, Talent acknowledges that he/she has no right or interest in any copyright to the work or voice recordings, or other materials resulting from the services performed under this contract. Talent acknowledges that their work was a “Work for Hire” as defined by the United States Copyright Laws. Talent acknowledges that all copyrights and rights to exploit, use or reproduce this work now or in the future shall be the intellectual property of the Client, and Talent shall sign any documentation that may be required in the future to assign such copyrights to the Client. However, should Client breach any of it’s obligations under this agreement, including non payment, Talent shall have hold the copyright to the sound recordings produced by Talent under this Agreement until such time as payment, including interest if applicable, has been received in full.
TALENT’S RIGHT TO CONTRACT:
Talent hereby warrants and represents to Client/Producer that Talent has the full right and authority to enter into this Agreement with respect to his/her services; that Talent has not limited, by agreement with others, his/her 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 s/he is of legal age to enter into contracts, or that s/he shall have a parent or legal guardian sign this Agreement where indicated below with the understanding that all terms herein shall be binding upon Talent and the parent or legal guardian who signs below.
Client agrees to hold Talent harmless for any and all claims made against Talent arising out of this 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. Talent agrees to hold Producer/Client harmless for breach of any warranty as per the Paragraph herein entitled “Talent’s Right to Contract” and/or for breach of Confidentiality as per the terms of that Paragraph.
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 the laws of the state of Ohio, United States of America. Any disputes under this agreement shall be resolved by the Ohio Courts, and Client hereby agrees that this Contract was entered into in the State of Ohio and thus agrees to the jurisdiction of the Ohio Courts to resolve any disputes that arise, including non payment.
Any payments made hereunder shall be subject to any deductions required by law. This agreement contains the entire understanding between Client and Talent with respect to the subject matter hereof, may not be altered or waived except by a writing signed by both parties. Agreed to By (CLIENT) by checking or "clicking" "Accept Terms of Service" on vCita CRM platform. Date designated by the date the "Accept Terms of Service" was checked or clicked on vCita CRM platform.
By (TALENT) Mary Ann Mortensen - Date designated by the date the "Accept Terms of Service" was checked or clicked on vCita CRM platform by (CLIENT).
Silver Bells Audio, LLC
* Please note: NO password is needed to access your Silver Bells Audio account since you will receive private verification in your email as your "sign in."