1. Introduction

This Artist Agreement (“Agreement”) is entered into by and between Songheart hereinafter referred to as the “Company,” and [Artist’s Name], hereinafter referred to as the “Artist.” This Agreement outlines the terms and conditions governing the Artist’s role and responsibilities as a contributor to the Songheart platform and community.

2. Artist Status

By accepting the terms of this Agreement and becoming a Songheart Artist, the Artist acknowledges and agrees that they are an independent contractor and not an employee of Songheart. The Artist’s role is to create radio-worthy and high quality custom songs and related content for Songheart customers based on orders received through the platform.

3. Artist’s Responsibilities

3.1 Acceptance of Song Orders: The Artist may choose to accept or decline Song orders assigned by Songheart. Once accepted, the Artist agrees to create an original Song, including both music and lyrics, that aligns with the details, style, genre preference, and information provided in the customer’s order. Artist agrees to deliver a two verse song, repeated chorus, and outro plus any add-ons like Song Extension which requires an extra verse or bridge. 

3.2 Timely Delivery: The Artist must deliver completed Song orders on or before the specified due date, as per the project agreement. Timely delivery is crucial to meet customer expectations.

3.3 Professional Appearance: When creating video content for Songheart, the Artist agrees to maintain a professional and artistic appearance suitable for Songheart’s diverse audience. The Artist shall avoid wearing casual attire with logos or political messages during video recordings.

3.4 Backgrounds: Video recordings must be conducted against creative, uncluttered backgrounds that align with Songheart’s brand and image. The Artist must avoid backgrounds that include kitchens, cluttered spaces, bathrooms, TVs, and any imagery or messages promoting political, racist, or social activist views.

3.5 Revisions: The Artist shall promptly and reasonably address customer revisions. While not all revisions may result in additional compensation, the Artist agrees to cooperate with Songheart on a timely basis to ensure customer satisfaction.

3.6 Artist Dedications: The Artist must approach each dedication with enthusiasm, making a sincere effort to create a personal and meaningful connection with the audience by mentioning their names, occasion and Artist’s affiliation with Songheart.

3.7 High-Quality Custom Songs: The Artist must consistently deliver high-quality and radio-worthy custom songs that showcase lyrical prowess. The Artist agrees to deliver a heartfelt and soulful vocal performance and record it on video and promptly send it to Songheart for setup and delivery.  Customer trust relies on the Artist’s ability to turn their story into a timeless and sentimental song gift that is unique and can be cherished forever. 

4. Compensation

Upon successful delivery of a Song order within the specified time frame and in accordance with these Terms, the Artist will receive compensation as agreed upon for each package. Compensation may also include subsequent orders related to the Artist’s song. No additional compensation, including royalties, shall be due to the Artist beyond the agreed-upon compensation. Artists receive $60 for 30 day songs, $70 for 7-day songs, and $80 for 24-hr songs plus a percentage share in selected add-ons and 100% of all artist gratuities. Diamond orders received from Songheart pay $120 per song plus a percentage share of add-ons and 100% of all artist gratuities. If you are selected as a Diamond Artist and featured on the website, you can set any price above and beyond $299 and keep at least 40% or a negotiated fee approved by Songheart. 

5. Termination

Either party, the Company or the Artist, may terminate this Agreement at any time without incurring liability, further compensation, or penalties.

6. License to Use Artist’s Content

By submitting the final Song to the customer, the Artist grants Songheart a perpetual, nonexclusive, royalty-free, worldwide right and license to sublicense the Song to the Customer for limited use, to post the Song to Spotify or other streaming and online platforms of Songheart’s choice, to monetize the Song via online streaming platforms, to post or promote the song in a commercial, advertisement, and/or social media post that promotes the Artist as a member of the Songheart platform and community. The Artist retains 100% ownership of rights and title in and to the Song subject to any Content that was added into a Song that is licensed from the Customer.

7. Use of Artist’s Name and Likeness

By becoming a Songheart Artist, the Artist grants Songheart the right to use their legal or artist name, likeness, awards, accolades, image, graphic photograph, video, and biographical information to promote Songheart and the Artist’s role as a member of the Songheart team. If the Artist decides to discontinue their role as a Songheart Artist, all licenses to Songs shall remain in effect, and Songheart shall retain the right to display the Artist’s name in connection with Songs they wrote and composed.

8. Code of Conduct

8.1 Professionalism: The Artist shall maintain professionalism and respect towards Songheart both online and in person and value their contribution to changing people’s lives. 

8.2 Respect for Orders: The Artist shall respect the details and information provided in customer orders and create Songs that align with these specifics.

8.3 Respect for Intellectual Property: The Artist shall not use copyrighted materials without proper authorization or infringe upon the intellectual property rights of others.

8.4 Non Exclusivity Unless Stipulated in an Additional Agreement: During the term of this Agreement, the Artist can provide custom songwriting services to other personalized song companies. 

8.5 Ethical Behavior: The Artist shall conduct themselves ethically and in a manner consistent with Songheart’s values, avoiding any behavior or posts that could damage Songheart’s reputation. 

8.6 Dedications: The Artist must approach each dedication that the customer provides with their story with enthusiasm, making a sincere effort to create a personal and meaningful connection with the audience by mentioning their names and occasion. Dedications should include mention of the Artist’s affiliation with Songheart. In cases where a dedication is not provided by the customer, the Artist is encouraged to ad lib a personalized dedication as part of the song, mentioning their role within the Songheart community and mentioning the customer’s names and occasion. 

8.7 Order Assignments: The Company reserves the right to assign orders to Artists based on their demonstrated ability to consistently deliver high-quality songs, achieve high customer satisfaction ratings, meet deadlines, and generate enthusiasm and excitement among customers. However, Songheart cannot guarantee a minimum number of orders, as order assignments are based on customer preferences and order flow.

9. Term and Termination

This Agreement shall commence upon the Artist’s acceptance of its terms and shall continue until terminated by either party. Termination may occur at any time, for any reason, without incurring liability.

10. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Ontario, Canada. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Ontario Canada. 

By accepting this Agreement, the Artist acknowledges and agrees to comply with all the terms and conditions outlined herein. This Agreement represents the entire understanding between the Artist and the Company regarding the Artist’s role within the Songheart community.