The Voiceover Gallery: Licence Agreement Standard Conditions (a beSpoke Media Partnership company)
In these Standard Conditions (“Terms”) the terms defined in the Special Conditions shall apply unless otherwise stated.
These Terms shall be incorporated in all agreements entered into between the Artist and the Company in respect of the Services and with the Special Conditions attached form the entire agreement between the parties. All other terms, conditions or other representations are excluded from this agreement, including any terms and conditions which the Company may purport to apply under any purchase order or in any correspondence unless incorporated by reference into this agreement, and these Terms shall prevail and shall govern the agreement between the parties to the entire exclusion of any other express or implied terms unless so incorporated. By agreeing for the Artist to undertake the Services, Company is agreeing to be bound by these Terms unless otherwise agreed in writing between the parties. In the event of any conflict, the Special Conditions shall have precedence over these Terms.
Subject to the payment of the Fee and any applicable Additional Use Fees, the Artist hereby grants and assigns to the Company all rights in any and all media to exploit the products of the Artists’ Services by means of the Permitted Use only. Where an Additional Use Fee is required, such grant is subject to the payment of such Additional Use Fee. Artist hereby waives any and all moral rights relating to the Services in respect of the Permitted Use. Artist confirms that the Company has the right to use the Artists name, approved likeness and biography (available on request from The Voiceover Gallery) in connection with the product of the Services and shall award a suitable credit where agreed in the Special Conditions on all use of the Services. Artist has the right to use a copy of the Services for internal promotional purposes only (e.g. in a show reel and online) and to refer to the Company and the Services as work undertaken by the Artist, and to link to any relevant website where the Services are being used, unless notified of any restrictions by the Company.
Company warrants and represents that the Services (and any material provided by the Company for inclusion within the Services) will not infringe the rights of any third party, that the Company has the right to enter into this Agreement and to commission the Artist to provide the Services and that the exploitation of the Services will not bring the Artist into disrepute or will be materially different from the Permitted Uses and the Company shall pay any Additional Use Fees in the event that it wishes to undertake the Additional Uses (if applicable). Company hereby indemnifies the Artist and The Voiceover Gallery from any and all costs and expenses (including legal expenses) arising out of any breach by Company of this warranty.
Payment of all invoices shall be made to The Voiceover Gallery as agent for the Artist within [28] days of issue. Late payment will entitle the Artist to charge interest at 4% above the variable base rate of Natwest Bank plc on the outstanding balance from the due date together with any other charges or fees as allowed by the Late Payment of Commercial Debts (Interest) Act 1998. Failure to pay any invoice in accordance with this Agreement, including any Further Use Fees, shall entitle the Artist to terminate this Agreement and to revoke the grant of rights detailed above.
These Terms and the Agreement between the parties shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts. This Agreement may be assigned by the Company to any third party, however the Company shall remain liable for any breach of this Agreement unless written notice is given of such assignment and the assignee has entered into an agreement direct with the Artist to comply with the terms of this Agreement. Nothing in this Agreement is intended to confer any benefit or any right to enforce any term of this Agreement on any person not a party to this Agreement.
