rethinking
contemporary classical
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Agreement

  • Memorandum of Agreement

    Set out below are the terms agreed on

    Between:

    A. Dan Goren trading as Source Music Services of Office 4 Hitchmans Mews, Chipping Norton, Oxfordshire, United Kingdom OX7 5AA (“Distributor”); and

    B. You, the Composers Edition Member (“Member”)

    1. The Member grants The Distributor all necessary non-exclusive rights and the Distributor undertakes to offer for sale both as print-on-demand and download the agreed musical scores and parts (“the Portfolio”) throughout the world.

    2. The Member warrants to The Distributor that he has full power and authority and is entitled to make the grant set out in clause 1 above and will indemnify The Distributor from any claims arising directly from any breach of such warranty.

    3. The Member shall deliver to The Distributor a digital copy of each document contained in the Portfolio in the form set out in Schedule 1 and will at all times remain responsible for the musical content with regard to accuracy and legibility.

    4. The Distributor shall make no claim whatsoever to the either the copyright, royalties or fees of or for any part of the Portfolio other than the monies received by the Distributor from sales hereunder.

    5. The Distributor shall consult the Member concerning the price at which the Portfolio or parts of the Portfolio shall be offered for sale and any discounts which are to be offered.

    6. The Distributor shall not distribute any abridgement, expansion, adaption or arrangement of any part of the Portfolio unless the consent of The Member has been given in writing.

    7. The Distributor shall pay to The Member a sales remittance of 20 per cent of the UK retail price on all sales of printed documents from the Portfolio.

    8. The Distributor shall pay to The Member a sales remittance of 30 per cent of the UK retail price on all sales of digital documents from the Portfolio.

    9. The Distributor shall render a statement to the Member within 45 days of 31st March, 30th June, 30th September and 31st December in each year setting out full details of all sales of documents in the Portfolio and shall at the same time pay to The Member all outstanding sales remittances.

    10. The Distributor shall permit the Member’s representatives to inspect on reasonable notice at its place of business and during usual business hours once in each year of this agreement the Distributor’s books and records relating to sales made hereunder. In the event that any such inspection reveals an error resulting in an underpayment of Ten (10%) per cent or more of the total amounts accounted to the Member or of One thousand pounds (£1,000) whichever is the greater amount then the reasonable costs of such inspection (excluding travelling accommodation and subsistence expenses) shall be borne by the Distributor

    11. The Member shall pay to The Distributor a subscription fee on a quarterly basis with a minimum term of four quarters.

    12. The Distributor shall give at least 30 days notice in writing of any alternation to the terms stated in this agreement during which time the Member may decide to terminate the term of the agreement.

    13. Cancellation of this agreement may be made in writing by The Member with immediate effect at any time. After the minimum term of four quarters, should notice to cancel be made within 7 days of the quarterly subscription date, The Member shall be entitled to a reimbursement of 100 per cent of the quarterly subscription fee minus an administrational charge of 20 per cent plus The Member’s agreed share of the sales remittance. Any reimbursement under this clause will paid within 14 days.

    14. The Distributor reserves the right to cancel the agreement giving two months notice. The Distributor shall reimburse The Member a remittance of one third of the quarterly subscription fee for each whole month remaining between the agreement cancellation date and the end of the quarterly subscription period plus The Member’s agreed share of the outstanding sales remittance payable within 14 days of such cancellation taking effect.

    15. This agreement shall be governed and construed in accordance with the laws of England and the English Courts shall be the sole courts of competent jurisdiction.

    (You will receive a copy of the Memorandum of Agreement by email)

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