Thank you for engaging Musicnomics, Inc. (“Company,” “we,” “us,” or the like) as your consultants to advance your music career! This document sets forth the terms by which we are agreeing to provide these services. Please read it carefully. By engaging us as your consultants, you are agreeing to all terms set forth herein. Note that your use of any websites or other services with which Company may be affiliated may be governed by separate instruments.
1. Services: The term of this agreement shall commence as of the date you have provided a completed form on our website containing all required information and submitted payment to us in the amount designated on our site, which amount is $99 as of September 8, 2022 (the “Effective Date”). Payment can be made solely via Zelle or CashApp pursuant to directions to be provided by Company. Within a reasonable time following the Effective Date, Company shall make a qualified representative (the “Consultant”) available to spend up to thirty (30) minutes on a telephone consultation with you regarding the current state of your music career (the “Consultation”). The timing of such consultation shall be subject to the scheduling needs of both you and Consultant, provided that Consultant shall be reasonably available during normal business hours in Georgia. During the Consultation, Consultant will offer advice as to priority areas for future investment in your career. Company may provide funding for such investment should the parties agree to do so and should you provide all necessary documentation requested by Company for such purpose, including but not limited to employment verification and professional references,, provided that nothing herein should be construed as requiring Company to in fact do so. For the avoidance of doubt, the sole services to be provided by Company in exchange for the payment of the fee and submission of the form as described in this paragraph shall be the Consultation. Company shall be under no obligation to provide any further products or services to you.
2. Refunds: All payments made by you to Company for Company’s services hereunder are non-refundable.
3. Non-Exclusivity: Company and Consultant may render to other persons, groups, or entities services similar to those provided to you under this agreement. Company and Consultant may also engage in other business activities. You may engage third parties to render services similar to those provided by Company and Consultant hereunder.
4. Not An Agent: You expressly acknowledge and understand that neither Company nor Consultant is a theatrical employment agent or employment agent of any kind and that Company’s and Consultant’s duties hereunder do not include securing or soliciting employment for you.
5. Representations and Warranties: You warrant and represent that: (a) you have the right to enter into this agreement and are under no disability, restriction, or prohibition with respect to your right to execute this agreement and fully perform its terms and conditions; and (b) Company’s and Consultant's activities hereunder will not infringe upon, violate or interfere with the rights, whether statutory or otherwise, of any one or more third parties known to you.
6. Indemnification: You shall at all times defend, indemnify and hold harmless Consultant from and against any and all third party demands, claims, damages, liabilities, costs and expenses, including legal expenses and reasonable outside counsel fees arising out of any alleged breach or breach by you of any warranty, representation, or agreement made by you herein, or pertaining to any act, error, or omission allegedly committed or omitted by you or any person or entity allegedly acting on your behalf or under your direction or control. You will reimburse Company on demand, for any payment made at any time after the date hereof in respect of any liability or claim in respect of which Company is entitled to be indemnified.
7. Breach/Cure: Except as set forth herein to the contrary, no breach of this Agreement shall be deemed a material breach unless the party alleged to have breached shall fail to substantially cure the breach within thirty (30) days after receiving written notice from the other party hereto of the specific facts alleged to have caused the breach.
8. Publicity: Company shall have the right to advertise and publicize itself as having collaborated with you as described herein in Company’s discretion.
9. Choice of Law/Venue: This agreement shall be deemed entered into in the State of Georgia and the validity, interpretation and legal effect of this Agreement shall be governed by the internal laws of the State of Georgia applicable to contracts entered into and performed entirely within the State of Georgia, with respect to the determination of any claim, dispute or disagreement which may arise out of the interpretation, performance or breach of this Agreement or which in any other respect relates to this Agreement. Any claim arising out of or relating to this Agreement or the transactions contemplated hereby shall be instituted and maintained exclusively in any federal or state court located within Fulton County, Georgia.
10. Entire Agreement: This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof, and no modification, amendment, waiver, termination or discharge of this Agreement or any provision hereof shall be binding unless in writing and signed by Artist and Consultant. No waiver of any provision or default under this Agreement shall affect Consultant’s rights thereafter to enforce such provision or to exercise any right or remedy in the event of any other default, whether or not similar.
THANK YOU FOR ENGAGING MUSICNOMICS, INC.!
