NORMAN MUSIC FESTIVAL OPEN CALL TERMS AND CONDITIONS
NOW, THEREFORE, in consideration of the submission of your application and the consideration of the Norman Music Alliance, Inc. (the “Festival”), Festival and the Artist submitting this open call application hereby agree as follows:
1) No Guarantee: Your submission of an electronic or other form of open call application to the Festival does not signify our acceptance of your band, nor does it constitute confirmation of a spot to play in the Festival. Festival reserves the right at any time after receipt of your open call application to accept or decline Artist to play at the Festival for any reason.
2) Performance: Upon selection by the Festival, the Artist agrees to provide musical services to Festival on April 23, 24 or 25, 2020 as selected by the Festival in its sole discretion (the “Performance”).
3) Indemnity for Copyright Infringement: Artist represents and warrants that Artist owns and controls all copyrights and other rights in and to the Performance to be performed and to any materials submitted to the Festival, and thereby has the right to enter into this agreement. Further, Artist represents and warrants that it is knowledgeable about the copyright laws of the United States as applicable to the performance, and that Artist shall not perform any copyrighted materials of others during the performance without full compliance with such applicable copyright laws. In the event that the Artist breaches this representation, warranty and covenant, Artist hereby agrees to INDEMNIFY AND HOLD HARMLESS Festival and its employees, guests and agents from and against all liability, loss, damages, claims, and expenses (including attorney’s fees) arising out of such breach.
4) Advertising: Artist agrees, whether the Artist is selected to play in the Festival or not, that Festival may, in its sole discretion, use the name, likeness, voice, biographical material of Artist and any and all other materials which Artist may supply to Festival in the selection process, all advertising and promotions and other exploitations of same in connection with the Performance, all royalty free.
5) Recording License: Artist grants to Festival, its agents, subsidiaries and assigns, a NON-EXCLUSIVE ROYALTY FREE LICENSE record and/or film the Performance, including the necessary mechanical licenses, and the underlying musical compositions and to reproduce, transmit, retransmit, or disseminate the Performance in any manner or by any means whatsoever. Further, Artist grants to Festival a NON-EXCLUSIVE ROYALTY FREE LICENSE to use such recorded performance and to any materials submitted to the Festival in any format in any manner it deems appropriate. These licenses may be assigned at the sole discretion of Festival. All rights herein granted are throughout the universe. This license survives the termination of this agreement.
6) Broadcasting License: Artist acknowledges and consents to the filming and recording of Artist's Performances at Festival. Artist hereby grants to Festival, the right to broadcast said Performances to the public over the Internet, radio, satellite or cable, live and/or as an archive performance available to the public. Artist hereby grants Festival permission to re-broadcast the Performance at any time for three years from the date of this agreement. All rights herein granted are throughout the universe for the period listed herein.
7) Independent contractor: Artist acknowledges that Artist shall perform the obligations hereunder as an independent contractor and not as an employee of The Festival. The Artist shall have sole control and direction in the conduct of the Performance.
8) Merchandising: If Artist is selected to play in the Festival, Artist shall have the option to sell both hard and soft goods during its performance. Artist shall retain 100 % of the proceeds of hard goods sales, and 100% of the proceeds of soft goods sales. Artist shall keep a proper sales ledger and provide an accounting to Festival upon demand. Artist shall have no right to any compensation for any merchandise sold by Festival or any other Artist.
9) Cancellation: In the event Festival cancels any performance, Festival shall have no obligation to Artist and all parties shall be released from any further obligations under this agreement. Artist agrees that it will not cancel its performance if selected.
10) Disputes: In the event any dispute arises under this Agreement that results in litigation or arbitration, the prevailing party shall be paid its reasonable attorney's fees and costs by the losing party.
11) Assignment: This Agreement or any rights or obligations hereunder, except the license identified in Sections 5 and 6, may not be assigned by any of the parties hereto without the prior written consent of the other party.
12) Governing Law: This Agreement and the relationships of the parties in connection with the subject matter of this Agreement shall be governed, construed and enforced according to the laws of the State of Oklahoma without giving effect to principles of conflict of laws.
13) Consent to Jurisdiction: Artist consents to jurisdiction over him in the District Court of Cleveland County, State of Oklahoma, and the United States District Court for the Western District of Oklahoma, for any disputes arising out of this Agreement.
14) Entire Agreement: This Agreement contains the entire agreement between the parties and supersedes all prior agreements and undertakings, whether oral or written. No promises, covenants, or representations of any character or nature other than those expressly stated herein have been made to induce either party to enter this agreement.
15) Legality: If any provision of this Agreement is held to be invalid or unenforceable by any judgment of a tribunal of competent jurisdiction, the remainder of this Agreement shall not be affected by such judgment, and this Agreement shall be carried out as near to its original terms and intent as possible.
16) Non-Waiver: No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
17) Headings. The headings in this Agreement are for convenience of reference only and shall not control or affect the meaning or construction of this Agreement.
18) Time is of the essence.