This is an agreement between a musician and a band’s entity for the production and
recording of music. The musician agrees to competently and diligently record music for
the entity on an exclusive basis for the term of the agreement. The specific music that
will be recorded can be specified by the parties under “Exhibit A” of this agreement. In
addition, the musician grants all ownership and monetary rights of the composition to
the entity. This agreement can be used by individuals or small businesses that want to
hire a musician to provide services for the master recording of a composition.
SESSION MUSICIAN AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") executed and effective this
_____ day of ___________, 20___ [Instruction: Insert Date] (the “Effective Date”), by and
between ______________ [Instruction: Insert Name of Session Musician],
________________ [Instruction: Insert Address] (the "Employee") and ________________,
[Instruction: Insert Name of Band’s entity] ___________________ [Instruction: Insert
Address] (the "Employer"). The Employee and the Employer are hereinafter sometimes
collectively referred to as the “Parties”.
1. EMPLOYMENT
A. Employer hereby engages and employs the Employee to provide such professional
services as a musician in connection with the making of certain master recording(s), as set forth
in Exhibit "A" attached hereto and incorporated by this reference (the “Master(s)”) and
Employee hereby accepts such engagement and agrees to perform such services diligently,
competently, and to the best of Employee’s ability experience and talent to perform to our
satisfaction all of the services required of you hereunder.
B. Employee agrees that during the term of this Agreement Employee will record
exclusively for Employer and after the expiration of this Agreement Employee agrees not to
record for any third party any of the musical compositions (“Compositions”) recorded hereunder.
In the event of a breach of this covenant, the Employer shall be entitled to an injunction to
enforce same, in addition to any other remedies available to it.
2. TERM AND TERMINATION
A. This Agreement shall commence upon the Effective Date, and shall continue thereafter
for a period of _________ (____)[Instruction: Insert Duration] months. The Employer shall
have the option to extend this Agreement by giving a notice in writing to Employee of not less
than thirty (30) days prior to the expiration of this Agreement.
B. Notwithstanding anything to the contrary contained herein:
i. Employer shall have the right to terminate the term of this contract, with or without
proper cause, by sending written notice to Employee at any time, in which event Employer shall
immediately be relieved of any further obligations to utilize Employee’s services hereunder.
However, in the event Employer shall terminate the term hereof for any reason other than proper
cause and Employer shall give Employee no less than two (2) weeks’ prior notice of such
termination. As used herein, the term "proper cause" shall mean your failure, refusal, neglect or
inability to render services hereunder as, when and in the manner required to be performed by
you hereunder.
ii. Employee shall also have the right to terminate the term of this contract by sending
written notice to Employer. Upon Employer’s receipt of your such notice, Employer shall have
the right , but not the obligation, to require Employee to continue to perform all of Employee’s
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obligations hereunder for a period of up to thirty (30) days commencing after Employer’s receipt
of your Employee’s notice. In the event Employee fails to send Employer such written notice and
to fully perform all of Employee’s obligations hereunder during such thirty (30) day period, or
such portion thereof as Employer may designate, Employer shall be immediately relieved of any
further obligations to pay Employee royalties or monies otherwise payable to Employee
hereunder.
C. Employer reserves the right, at Employer’s election, to suspend the operation of this
Agreement for the duration of any of the following contingencies if by reason of any such
contingency, Employer becomes materially hampered in the performance of Employer’s
obligations under the Agreement or Employer’s recording or distribution with Employer’s
recording designee are delayed or become impossible or commercially impracticable: Acts of
God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion,
act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion,
revolution, insurrection, military or usurped power or confiscation, terrorist activities,
nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or
interruption or failure of electricity or telephone service, or any other cause beyond the control of
Employer
D. In the event that either party believes that the other has materially breached any
obligations under this Agreement, such party shall so notify the breaching party in writing. The
breaching party shall have thirty (30) days from the receipt of notice to cure the alleged breach
and to notify the non-breaching party in writing that cure has been effected. If the breach is not
cured within 30 days the non-breaching party shall have the right to terminate the Agreement
without further notice.
3. GRANT OF RIGHTS
A. The Em