Production / Recording

The production service will take place from date of payment until the works agreed upon are completed (“the Booking Period”) and will be produced by the SkyTop Productions’ and their team.

Fees

FOR FEES FOR INDIVIDUAL PROJECTS LESS THAN £2,000 IN TOTAL:

The charge for services as detailed will be 100% of the total amount payable in full, in advance as non-refundable confirmation of the booking.

FOR FEES FOR INDIVIDUAL PROJECTS EQUAL TO OR IN EXCESS OF £2,000 IN TOTAL:

The charge for services as detailed will be payable as to 50% as a non-refundable confirmation of the booking, and the balance of 50% upon completion of project.

FOR MONTHLY SUBSCRIPTIONS AND ONGOING ARTIST PRODUCTION PACKAGES

The charge for artist production services and bespoke production services as detailed will be paid monthly via direct debit, or bank transfer, or our payment provider via this website until notice is given by either party to terminate the monthly agreement.

In the case of cancellation, works shall be carried on at the agreed upon pace until the end of your final month. Pro-rata refunds will not be issued. At such a point the production time you have paid for has completed, works conducted by SkyTop Productions will be ceased even if individual items or projects remain incomplete.

No booking will be confirmed until such the non-refundable confirmation payment has been made and this Agreement has been signed by you. In the event of non-payment of the balance, any work taking place will cease forthwith and you will not be granted access to the works or to SkyTop Productions’ team until payment has been received. No sums paid will be re-fundable unless the services promised by SkyTop Productions are not made available to you, or there is a breakdown of equipment on a scale which renders completion of works impossible.

No completed work will be supplied to you (in the form of and files, stems, mixes, discs or otherwise) until the full payment for the full Booking Period has been received by us.

Payment will be made by via bank transfer / online order via the website, and no cheques will be accepted unless otherwise specifically agreed.

Royalties

In consideration of the rendering of the Producer’s services (and any musical performing and basic arranging undertaken by him) you agree the following:

(1) If you enter into a recording agreement of any sort under which you are entitled to a royalty based on the published dealer price (or digital equivalent) of records then you will procure that we are entitled to be paid a royalty of 4% (four per cent) of the dealer price of records embodying the Recordings AND a pro-rata share of your entitlement to any ‘flat fee income’ and advances.

(2) If the Recordings are released on your own label, or through an independent company which pays you a share of its ‘net receipts’, or allow them to be exploited in any way not specifically referred to, then you will pay us 20% (twenty per cent) of your actual receipts from such exploitation (including that proportion of any advances secured under licensing agreements which relates on a pro-rata basis to the Recordings).

(3) The word ‘record’ includes any audio visual device and any download or streaming for which you are entitled to payment.

(4) If the Recordings are exploited with other recordings not the subject matter of this agreement the royalty or share of net receipts payable to us for such exploitation shall be reduced to a fraction of the royalty or share of net receipts equal to the number of Recordings divided by the total number of recordings (including the Recordings) so exploited save that in the event that any recording produced by the Producer is used as the a side or lead track of a single of which the b side(s) have been not been produced by us then we shall be paid across the whole single as if such b sides had been produced by us.

(5) Our royalty shall be calculated and paid in the same manner as the royalty payable to you under the recording agreement (including deductions, reductions, reserves, free goods, packaging deductions, etc but not for the avoidance of doubt escalations) AND our royalty shall not be reduced by any royalty payable to a third party for any additional production or mixing of the Recordings.

Accounting

(1) In respect of all income earned by you from the Recordings and the Works you will account to us within 14 (fourteen) days of your receipt of any lump sum of income and in any event no less frequently than once every six months (within 30 (thirty) days of the end of December and June in each year). VAT will be payable in addition to all amounts hereunder upon presentation of a VAT invoice.

(2) You agree to keep accurate books and records of account relating to the exploitation of the Recordings and the Works hereunder.

Not more than once in each year we shall be entitled to inspect and audit your books and records (insofar as the same relate to the monies payable to us hereunder) upon reasonable notice and during normal business to and such under accounting exceeds the greater of 10% (ten per cent) of the monies due to us or £5,000 (five thousand pounds) then you shall pay the reasonable cost of such audit, subject to a maximum of £5,000 (five thousand pounds).

No account or statement shall be challenged or objected to more than 6 (six) years after the date that it was rendered.

At the end of such 6 (six) year period each statement shall be treated as conclusive settled and binding on us.

(3) Notwithstanding the foregoing, you will use your best endeavours to procure that the record company to whom you sign or any other party exploiting the Recordings accounts to us directly for my royalty and/or share of receipts and that such royalty is payable from “record one” (i.e. not subject to the recoupment by you of any recording costs or advances unless We have shared in those advances).

Copyright and Consents

Subject to our receipt of full payment for the production fees (and any materials supplied), we agree that the copyright in the Recordings is vested in you throughout the world for the full period of copyright and all extensions and renewals thereof and in so far as any rights (including without limitation copyright) are vested in us we hereby assign to you with full title guarantee all such rights upon receipt of full payment hereunder.

Until receipt of payment the copyright will vest in us we hereby give all necessary consents on behalf of the Producer only under the Copyright Designs and Patents Act 1988 to enable you and others authorised by you to exploit the Recordings by any and all means and we hereby agree not to assert as against you or your permitted licensees and assigns any and all moral and like rights that we have in the Recordings.

In the event that the Producer participates in the writing of any of the underlying musical or lyric works embodied in the recordings, you and we will agree upon the percentage ownerships to be apportioned between the writers concerned and will execute a simple song share agreement to confirm that agreement.

Credit

You will procure that any party exploiting the Recordings gives a credit in the form “Produced by SkyTop Productions” on all records and packaging and in any other context where it is usual for a producer to be credited.

Cancellation

(1) In the event that you cancel any booking at least 48 hours before it is due to commence, we will re-schedule that booking to a mutually agreed date.

(2) In the event that you cancel any booking within 48 hours of its due commencement, or fail to attend at or around the agreed time, we will charge you (and you agree to pay) a flat rate of £100 (one hundred pounds) per day for each day cancelled and will not re-schedule the sessions or commence or re-commence work on the Recordings until such flat rate has been paid and the sessions re-scheduled to mutually agreed dates.

Other provisions

(1) You hereby acknowledge that we have advised you to seek independent legal advice from a specialist music lawyer on the contents of this letter and that you fully understand its contents.

(2) This agreement shall not be deemed to constitute a partnership between us.

(3) This agreement shall be construed in accordance with English Law and both parties hereby agree to submit to the exclusive jurisdiction of the High Court of Justice in England.

By hiring us for production services on this website, you agree to these terms as a binding agreement between us.

SkyTop Productions