Zero to 60 - Terms & Services Agreement 

This contract for services is made by and between Another Great Day Entertainment Co. of 2195 W Mission Timber Cir, Flagstaff AZ, 86001 (hereafter referred to as “AGD”) and 'Client Name' listed in their submission form (hereafter referred to as “Artist”). 

1. DESCRIPTION OF SERVICE: Beginning on the effective date, AGD shall provide services including: bi-weekly strategy sessions via phone, video, or in person with the Artist, weekly task management, electronic press kit, asset management, artist branded pitch deck, and education materials included with the Zero To 60 By AGD - Day To Day Management Program - Copyright 2013 AGD Ent Co & Balancing Art Industry - Copyright AGD Ent Co. 2019

2. TERM: Artist hereby engages AGD for a period of 4 months commencing from the effective date hereof (hereinafter referred to as the “Initial Term”). AGD hereby grants Artist options to extend the term of this Agreement for an additional period of one (1) month each upon all of the terms and conditions herein, and each option shall commence automatically unless Artist submits notice to AGD to the contrary not later than fifteen (15) days prior to the expiration of the current term. The Initial Term and any and all option periods of this Agreement shall hereinafter be referred to as the “Term”. 

3. COMPENSATION: Artist agrees to pay AGD the startup fee and monthly service charge by the due date identified on the Artist’s invoice. In the event the Artist wishes to employ AGD for additional services Artist will be billed the agreed upon amount on their monthly invoice: (a). Artist may be subject to a $10 late fee for each past due invoice. (b). Artist elects to hire AGD Staff for task fulfillment services. (c). If campaign is "paused" or "canceled" artist may be subject to a restart fee of $100 (d). Artist elects to hire AGD for creative services. In addition to any other right or remedy provided by law, if Artist fails to pay for the services when due, AGD has the right to treat such failure as a material breach of this agreement, and may cancel this agreement and/or seek legal remedies. 

4. FAILURE TO PROVIDE SERVICES: Failure to provide services is defined as the inability or unwillingness by AGD to complete one or more of the services identified in paragraph 1. Failure to provide services will be identified by notification sent to Artist by AGD or notification sent to AGD by Artist. In the event AGD is notified by the Artist then AGD will have 14 days to remedy the failure identified by the Artist. In the event of failure to provide services by AGD a partial refund will be provided to Artist according to the following terms: (a)Setup fee will be refunded on a prorated amount based on the remaining days of the Initial Term from the effective date and the failure notification date. (b) Monthly service fee will be refunded in part or full in the event the monthly fee was paid before the monthly services were delivered. Any disagreements as to whether or not AGD has failed to provide services or any disputes arising between AGD and the Artist unable to reach mutual resolution will be decided by an AAA Certified Arbitrator with arbitration fee to be split by both parties. 

5. CONFIDENTIALITY: AGD and its employees, agents, or other representatives will not at any time use or disclose in any way information that is proprietary to the Artist without the previous consent of the Artist.

6. CANCELLATION: If the Artist requests a cancellation of services, Artist may be billed at a minimum of 50% of any outstanding invoices for the Term. AGD reserves the right to cancel services for any negligent actions or willful misconduct of Artist in connection with this contract.

7. ANONYMITY: Artists, managers, and labels pursuing contractual opportunities that could be hindered by career development assistance from AGD Ent Co may select to have their campaign remain anonymous through a written request to their artist coach. In such cases AGD Ent Co and affiliate companies will refrain from sharing progress during the campaign and the artist will not be added to the Zero To 60 By AGD Artist website. Artists who do not wish to remain anonymous grant AGD Ent Co and affiliate companies permission to use artist content as promotion material both online and during promotional events. 

8. HOLD HARMLESS. To the fullest extent permitted by law, Artist agrees to defend (including attorney’s fees), pay on behalf of, indemnify, and hold harmless Another Great Day Entertainment Co., its elected and appointed officials, employees and volunteers and others working on behalf of the AGD Entertainment against any and all claims, demands, suits or loss, including all costs connected therewith, and for any actual, out of pocket damages which may be asserted, claimed or recovered against or from Another Great Day  Entertainment Co., its elected and appointed officials, employees, volunteers or others working on behalf of the Another Great Day Entertainment Co., by reason of personal injury, including bodily injury or death and/or physical property damage, including loss of use thereof, which arises solely out of the negligent actions or willful misconduct of Artist in connection with this contract.

Experience This! - Terms & Services Agreement 

This contract for services is made by and between Another Great Day Entertainment Co. of 2195 W Mission Timber Cir, Flagstaff AZ, 86001 (hereafter referred to as “AGD”) and 'Client Name' listed in their submission form (hereafter referred to as “Client”). 

1. DESCRIPTION OF SERVICE: Beginning on the effective date, AGD shall provide services including: customs launch strategy, bi-weekly strategy sessions via phone, video, or in person with the Client, weekly task management, asset management, and a Client branded pitch deck.

2. TERM: Client hereby engages AGD for a period of 3 months commencing from the effective date hereof (hereinafter referred to as the “Initial Term”). AGD hereby grants Client options to extend the term of this Agreement for an additional period of one (1) month each upon all of the terms and conditions herein, and each option shall commence automatically unless Client submits notice to AGD to the contrary not later than fifteen (15) days prior to the expiration of the current term. The Initial Term and any and all option periods of this Agreement shall hereinafter be referred to as the “Term”. 

3. COMPENSATION: Client agrees to pay AGD the setup fee and monthly service charge by the due date identified on the Client’s invoice. In the event the Client wishes to employ AGD for additional services Client will be billed the agreed upon amount on their monthly invoice: (a) Client may be subject to a $20 late fee for each past due invoice. (b) Client elects to hire AGD Staff for task fulfillment services. (c). If campaign is "paused" or "canceled" Client may be subject to a restart fee of $100 (d). Client elects to hire AGD for creative services or administrative services. In addition to any other right or remedy provided by law, if Client fails to pay for the services when due, AGD has the right to treat such failure as a material breach of this agreement, and may cancel this agreement and/or seek legal remedies. 

4. FAILURE TO PROVIDE SERVICES: Failure to provide services is defined as the inability or unwillingness by AGD to complete one or more of the services identified in paragraph 1. Failure to provide services will be identified by notification sent to Client by AGD or notification sent to AGD by Client. In the event AGD is notified by the Client then AGD will have 14 days to remedy the failure identified by the Client. In the event of failure to provide services by AGD a partial refund will be provided to Client according to the following terms: (a) Setup fee will be refunded on a prorated amount based on the remaining days of the Initial Term from the effective date and the failure notification date. (b) Monthly service fee will be refunded in part or full in the event the monthly fee was paid before the monthly services were delivered. Any disagreements as to whether or not AGD has failed to provide services or any disputes arising between AGD and the Client unable to reach mutual resolution will be decided by an AAA Certified Arbitrator with arbitration fee to be split by both parties. 

5. CONFIDENTIALITY: AGD and its employees, agents, or other representatives will not at any time use or disclose in any way information that is proprietary to the Client without the previous consent of the Client.

6. CANCELLATION: If the Client requests a cancellation of services, Client may be billed at a minimum of 50% of any outstanding invoices for the Term. AGD reserves the right to cancel services for any negligent actions or willful misconduct of Client in connection with this contract.

7. ANONYMITY: Clients, managers, and labels pursuing contractual opportunities that could be hindered by career development assistance from AGD Ent Co may select to have their campaign remain anonymous through a written request to their Client coach. In such cases AGD Ent Co and affiliate companies will refrain from sharing progress during the campaign and the Client will not be added to the Experience This! Client website. Clients who do not wish to remain anonymous grant AGD Ent Co and affiliate companies permission to use Client content as promotion material both online and during promotional events. 

8. HOLD HARMLESS. To the fullest extent permitted by law, Client agrees to defend (including attorney’s fees), pay on behalf of, indemnify, and hold harmless Another Great Day Entertainment Co., its elected and appointed officials, employees and volunteers and others working on behalf of the AGD Entertainment against any and all claims, demands, suits or loss, including all costs connected therewith, and for any actual, out of pocket damages which may be asserted, claimed or recovered against or from Another Great Day Entertainment Co., its elected and appointed officials, employees, volunteers or others working on behalf of the Another Great Day Entertainment Co., by reason of personal injury, including bodily injury or death and/or physical property damage, including loss of use thereof, which arises solely out of the negligent actions or willful misconduct of Client in connection with this contract.

 

AGD Creative - terms and services

 This contract for services is made by and between Another Great Day Entertainment Co. of 2195 W Mission Timber Cir, Flagstaff AZ, 86001 (hereafter referred to as “AGD”) and 'Client Name' listed in their submission form (hereafter referred to as “Client”) for the purpose of creating a work of art or creative expression on behalf of the client (hereafter referred to as the “Creative Product”).

1. DESCRIPTION OF SERVICE: AGD shall perform the services defined in the Creative Quote provided to the Client. All Services will be performed by employees of AGD and independent contractors of AGD with whom AGD has a written contract assigning to AGD all copyrights and all other ownership rights in content and other Creative Products created by such independent contractors under the written contract.

2. DELIVERY: (a) AGD shall deliver the Creative Product satisfactory to the Client in accordance with the timeline set forth in the Service Quote. Time is of the essence with respect to AGD’s performance of the Services and timely delivery of the Creative Product, and AGD acknowledges that the Client will suffer financial loss if the project is not completed within the specified deadline. (b) Client will provide AGD with thorough feedback for revision of the Creative Product within 2 business days receiving content from AGD. 

3. COMPENSATION: Client agrees to pay AGD a minimum deposit of 25% and not exceeding 50% of the Creative Quote by the due date identified on the Client’s initial invoice. Any charges or expenses exceeding the initial Creative Quote will be approved by the Client with written consent prior to being added to the Creative Product. Additional charges may be added to the service in cases of: (a)Adjustments to concept or scope of work. (b) Additional or Excessive revisions to Creative Product. The Client will remit payment identified on their final AGD invoice prior to the delivery of the Creative Product. AGD is not entitled to any other compensation, including royalty or commission on the sales of products incorporating all or any portion of the Creative Product. In addition to any other right or remedy provided by law, if Client fails to pay for the services when due, AGD has the right to treat such failure as a material breach of this agreement, and may cancel this agreement and/or seek legal remedies. 

4. FAILURE TO PROVIDE SERVICES: Failure to provide services is defined as the inability or unwillingness by AGD to complete one or more of the services identified in paragraph 1. Failure to provide services will be identified by notification sent to Client by AGD or notification sent to AGD by Client. In the event AGD is notified by the Client then AGD will have 10 business days to remedy the failure identified by the Client. In the event of failure to provide services by AGD the Client will not be billed beyond the initial deposit and a final Creative Product will not be delivered. 

5. CONFIDENTIALITY: AGD and its employees, agents, or other representatives will not at any time use or disclose in any way information that is proprietary to the Client without the previous consent of the Client.

6. CANCELLATION: If the Client requests a cancellation of services, Client may be billed at a minimum of 50% of any outstanding invoices. AGD reserves the right to cancel services for any negligent actions or willful misconduct of Client in connection with this contract.

7. OWNERSHIP AND ASSIGNMENTS: (a) AGD and the Client intend this Agreement to be a contract for services, and each considers the products and results of the services to be rendered by AGD under this Agreement to be a work made for hire. Subject to the Client’s payment of fees owed to AGD under Section 3, AGD acknowledges and agrees that the Client will own all rights to the Creative Product [reserving to AGD only the “portfolio rights” described in Section 3(c)]. This includes, without limitation, all copyright and other intellectual property rights; publication, distribution, and exploitation rights of any kind and in any media, whether print, electronic, or otherwise; and (as between the Client and AGD) rights to the subject matter of the Creative Product. (b) If for any reason the Creative Product would not be considered a work made for hire under applicable law, then, subject to the Client’s payment of amounts due under this Agreement, AGD hereby irrevocably assigns to the Client and its successors and assigns exclusively and throughout the world all current and future right, title, and interest (whether or not now existing), including copyright, in all information that was or will be created, developed, conceived, reduced to practice, or discovered in the performance of the Services and all materials created with respect to the Services, in whatever form (the “Creative Product”). The Client is the sole and exclusive owner of any copyright and/or trademark rights in the Creative Product, including all applications, registrations, and renewals arising therefrom. AGD perpetually agrees: (1) not to contest the Client’s exclusive, complete, and unrestricted ownership of the Creative Product; (2) not to claim any ownership in the Creative Product; (3) not to use or exploit or claim the right to use or exploit the Creative Product in any manner, except to the extent provided in this Agreement, and (4) not to object to any exploitation or use of the Creative Product or to any changes, modifications, or revisions to the Creative Product made by or on behalf of the Client, and AGD hereby waives any moral rights of any nature in the Creative Product. AGD agrees to cooperate in executing any documents reasonably necessary to secure the Client’s rights in the Creative Product. The provisions of this section will survive the termination of thisAgreement. (c) AGD retains the right to reproduce, publish, and display the Creative Product for AGD’s personal use in portfolios and websites, and in galleries, design periodicals,and other media or exhibits for the sole purposes of recognition of creative excellence or professional advancement.

8. HOLD HARMLESS. To the fullest extent permitted by law, Client agrees to defend (including attorney’s fees), pay on behalf of, indemnify, and hold harmless Another Great Day Entertainment Co., its elected and appointed officials, employees and volunteers and others working on behalf of AGD Entertainment against any and all claims, demands, suits or loss, including all costs connected therewith, and for any actual, out of pocket damages which may be asserted, claimed or recovered against or from Another Great Day  Entertainment Co., its elected and appointed officials, employees, volunteers or others working on behalf of the Another Great Day Entertainment Co., by reason of personal injury, including bodily injury or death and/or physical property damage, including loss of use thereof, which arises solely out of the negligent actions or willful misconduct of Client in connection with this contract.