Music License Agreement

Here is your Music Licensing Agreement

MUSIC LICENSING AGREEMENT

 

This agreement (the “Agreement”) is made by and between Sacred Rose Productions, LLC., (or any affiliated organization owned by Orgena Rose, hereinafter known as the “Licensor”) and You (the “Licensee”). WHEREAS, Licensor has created and is the owner of rights, title to, and interest in certain musical compositions, self help information, knowledge, tools, and materials (hereinafter and collectively known as the “Materials”). WHEREAS, Licensee desires to use the Materials in Licensee’s own programs and events Licensee offers to others, such as seminars, workshops, teleclasses, and retreats (hereinafter known as “Licensees’ Programs”). Now, therefore, in consideration of the mutual covenants and promises set forth herein, and Licensee’s payment to Licensor of the amount herein agreed upon, receipt of which is hereby acknowledged, Licensor grants to Licensee the right to use the Materials, in accordance with the provisions set forth herein:

 

  1. Grant of License. Licensor hereby grants to Licensee, and Licensee hereby accepts, a worldwide, personal, non-transferable, exclusive right and license to use the Materials, with the exception of Licensor’s use and rights as copyright holder. Such grant of right and license is limited to the right to reproduce Material for the single purpose of teaching, coaching, distributing, and displaying; under no circumstance shall Licensee resell the musical composition Materials as a competing product. The Licensor’s copyright designation must always remain written directly on the Materials and be visible on Licensor’s website or anywhere the Materials are displayed. Under no circumstances does this limited license include a claim to any ownership right, title to, or interest in the Materials, nor does this license give Licensee permission to adapt, condense, modify, edit, or repurpose the Materials in any way (other than what is expressly provided for herein), or in any format, which includes, but is not limited to: compact laser discs, vinyl, MP3, or any other technology or any other format, now known or later developed. Further, Licensee is not permitted to sublicense to any third person and/or entity, any portion of the Materials, in whole or in part, without the prior written consent of Licensor. After the first year which is free and included in the Brand Signature Song package, each Licensee will pay, based on the Licensee’s choice, an annual fee of $497.00 or a lifetime buyout fee of $4997.00. Failure to pay the licensing fee on the day it is due will result in the immediate cancellation and termination of this license. This right of termination shall be exercised at the sole discretion of the Licensor. Upon execution of this Agreement, Licensee shall receive the license by Licensor and the Material shall remain licensed during the entire term of this Agreement; however, upon termination of this Agreement, Licensee’s license in the Material shall also terminate. Licensee may not assign this Agreement, or assign this license to anyone, including, but not limited to: any parent, subsidiary, or affiliate or as part of the sale of any portion of its business, or pursuant to any merger, consolidation, or reorganization or operation of law without Licensor’s prior written consent.

 

  1. Warranties and Representations. a. Licensor has the right to enter into this Agreement to grant to Licensee the rights and licenses set forth herein, and to perform all other obligations hereunder. b. Licensee has the right to enter into this Agreement, to receive the rights and licenses set forth herein, and to perform all of Licensee’s obligations hereunder. Further, Licensee represents that in carrying out this license, Licensee will not go beyond the scope of this license, and will not infringe upon the rights of any third party. c. Licensee warrants/represents that at no time during the Term of this Agreement will Licensee allow, encourage, promote, urge, or incite any third party to dilute, defame, or bring ill repute to Licensor’s intellectual property, brand, good name, or goodwill. d. Licensee warrants/represents that it will at no time during Term of this Agreement engage in unauthorized use of the Material, or any of Licensor’s material.

 

  1. Termination and Cancellation. a. This Agreement may be terminated, cancelled, with or without cause, by either party, upon thirty (30) days written notice to the other. Upon termination or cancellation of this Agreement, no refund of any amount shall be issued. b. If this Agreement is terminated/cancelled by either party, all rights and licenses granted hereunder to Licensee shall immediately terminate upon the date of termination, which shall be thirty (30) days after notice has been received in writing by Licensor or Licensee, as applicable.

 

  1. Indemnities. a. Licensee shall be solely responsible for the use and suitability of the Materials in Licensees’ Programs, Events and with Licensee’s clients. Licensor shall have no liability, either due to the results (or lack thereof), for the use, or the suitability of the Materials in Licensees’ Programs. b. Licensee shall indemnify, defend, save and hold harmless Licensor, from and against any and all claims (whether in contract, tort, or other non-contractual claims) arising out of, or in any way related to: (i) Licensee’s use of the Materials and/or any derivative product, or (ii) Licensee’s default of any provision of this Agreement.

 

  1. Term. This Agreement shall remain in effect from the date of the verbal and/or signed agreement until cancelled and/or terminated by either party to this Agreement.

 

  1. Independent Contractor. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform. In no event shall the parties to this Agreement be deemed to be anything other than independent contractors and in no event is this relationship to be deemed an employment relationship of any kind.

 

  1. Notices. All notices required to be given pursuant to this Agreement shall be deemed given when actually delivered, if delivered in person, or three (3) days after being deposited in the United States mail, postage prepaid and addressed to the receiving party as follows: For Licensor: Orgena Rose 1626 N Wilcox St. Hollywood, CA 90028.

 

  1. Modifications. Licensor retains the right to modify this Agreement as is necessary to maintain adherence to changing laws and statutes. Such modifications shall be posted by the Licensor on the Licensor’s web site at www.orgenarose.com and via email with the subject line specifically stating “amendment to existing licensing agreement,” “amendment to existing terms of use,” or any similar language denoting that this specific agreement is to be modified. Licensee has five (5) business days from receipt of notice of those changes to object to said changes or otherwise agrees to be bound by any and all changes to this Agreement, or any of its terms, after any such modifications are posted, as set forth herein. It is therefore important that Licensee review the Agreement, the Licensor’s website, and all emails generated from the following emails: Sacredroseproductions@gmail.com, Orgena@Orgenarose.com, Orgenarosestudio@gmail.com on a regular basis, to ensure that the Licensee is updated as to any changes. Licensee’s failure to object to said changes within five (5) business days of receipt of notice of those changes, will constitute an understanding, acceptance, and the agreement to be bound by those changes.

 

  1. Financial Responsibility. Licensor has made every effort to accurately represent the Program and its potential benefits. Results can and do vary, therefore the Licensor makes no guarantees. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including but not limited to: his or her background, dedication, starting point in business, desire and motivation. By your written and/or verbal agreement, you also acknowledge that you have represented to the Licensor that payment of your Program membership fees will not place a significant financial burden on you or your family.

 

  1. Headings. The headings used herein are for convenience only and shall not control or affect the meaning or construction of any provisions in this Agreement.

 

  1. Disclaimer. The Licensor and/or Program instructors are not qualified to provide legal, tax, accounting or financial advice, and the information provided to you by them is not intended as such. You should refer all legal, tax, accounting and financially related inquires to the appropriately qualified professionals.

 

  1. Governing Law. The parties agree that this Agreement and any controversy related to this Agreement shall be governed by the laws of the State of California (excluding any applicable California conflict of laws provisions). The jurisdiction for any proceedings under this Agreement shall be in the state of California, and the exclusive venue shall be in Los Angeles County, California

 

  1. Waiver. The waiver or failure of Licensor to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.

 

  1. Severability. If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.

 

  1. Entire Agreement and Amendment. This Agreement and the Letter constitute the entire agreement and understanding between the parties and supersede any prior agreement or understanding whether oral or written relating to the subject matter hereof. The headings used herein are for convenience only and shall not control or affect the meaning or construction of any provisions of this Agreement.

 

  1. Offer and Acceptance. By posting this License Agreement on the Internet or sent via email, Licensor has made an offer to Licensee. A signed copy of this Agreement is not required in order to enroll in the music licensing program as it is part of the program. A signed copy of the program application, acceptance and participation in the program shall be deemed as acceptance of this agreement and the provisions herein.

 

 

Here is a sample of how to list the credits whenever you use the song:

Credit Line: Theme song – “I Will Rise” by Orgena Rose www.orgenarose.com

 

Here’s what people are saying about Orgena Rose’s Brand Song!

 

“Orgena, I am so taken with your music! I have been listening to the CD you gave me, turning it up and singing along in the car. It keeps me positive and pumped!! I know that it would help my community in a very important way.” -Ginny McNinn

 


Kendall’s Signature Song: “Believe”

 

“Orgena’s amazing singing added tremendous value to my event…and her choice of material perfectly supported the message I wanted to give to my audience. Her soul and voice were a huge catalyst for helping attendees to step into their power. Orgena is a true professional!” –Kendall Summerhawk 

 

 

 


JACKET -75

Ruth’s Signature Song: “Show Up” 

Click here to listen now!

 

“Wow and Wow…thelyrics to the song you crafted for my event was OVER THE TOP beautiful…the  melody was fun, engaging and interactive and the sound was INCREDIBLE~~~ Thank you Orgena…can’t THANK YOU enough” – Love Ruth Klein

 

 

 

 


vshaw-200x250Vanessa’s Signature Song: “Be Bold, Play Bigger”

Click here to listen now!

“Words Truly cannot express how much this song “Be Bold, Play Bigger” means to me. I not only use it for my business and it encapsulates everything that I Believe in!”- Vanessa Shaw

 

 

 

 

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