“Me” or “I” refers to Paul Berry, “You” refers to you/your company (the client)
You engage me to commence with the booking/recording specified here with the terms defined here. The fee has been based on the script/music requirement provided – if a different script is provided since this booking agreement I reserve the right to provide a revised fee/agreement.
I reserve the right to refuse a script once I have had sight of it. I will not voice party political scripts, scripts that promote extremism or any script that goes beyond what I consider decent and acceptable behaviour. I also will not voice projects that are to appear on TV channels that are based on and/or display a distinct political bias.
You warrant that the audio recording by Freelance voice over Paul Berry will only be used within the scope of the defined licence for use by your company and your clients (i.e. signage or web video advert produced by you for one of your clients). In effect, recordings are not transferable to a different company (either external or a new company established by You, the current client) unless a repeat fee for each recording (equivalent to those on my current rate card) is paid by the new company. For breach of usage terms, see 3.
Copyright in any voiceover recording supplied remains copyright of Paul Berry/Mirika Media until the fee has been paid.
The client acknowledges that a test read/guide voiceover cannot be used unless paid for. Use of these without payment will be considered a copyright breach.
After two months from audio delivery, you assign permission for me to use the recording in my own marketing. I do not assign complete rights for the recording to You – the recording is provided as per the defined licence for use. If additional usage is required, this should be covered by a separate booking agreement. If usage terms are breached, I reserve the right to invoice for any additional usage backdated to the date of the usage breach and charge an administration fee of £85. This applies to each recording that has been used without permission.
You agree to pay the agreed fee on presentation of a valid invoice from me, which will be payable in accordance with the terms specified (normally 30 days). One further reminder will be issued in writing before the matter may be referred to the local Trading Standards or other activities such as submitting a Copyright Infringement notice and takedown requests made to sites such as YouTube, Vimeo etc. If payment is not forthcoming and recourse is sought from a third party (collection agency, Trading Standards, regulatory body etc) then I reserve the right to implement a late payment surcharge of £20 per business working day - applicable from the day such recourse commences - for each overdue invoice.
Should payment not be made within the specified payment period, this constitutes a breach of contract and, should the work be featured on a platform such as radio, TV, mobile app, online (client website, YouTube or Vimeo etc), I reserve the right to report the copyright breach to the website or regulatory authority responsible. Standard Radio/TV broadcast periods are defined as three months. Should a recording be used beyond this date or re-used at a later date, a repeat usage fee is payable unless agreed otherwise. Please contact me to confirm the freelance voice over rate for this.
The recording may be edited, modified, added to or deleted from, but the resultant audio will be licensed within the same scope as defined here.
You warrant that nothing in the booking or script is obscene, libellous, blasphemous or infringes any performer's right, and performer's property right, any moral right, any right of copyright, the right of privacy, the right of publicity or any other right whatsoever of any third party.
You agree to indemnify me, my affiliates, officers, directors and employees against, and to keep me, my affiliates, officers, directors and employees indemnified from and against, all actions, proceedings, costs, claims, damages and demands however arising in respect of any actual or alleged breach or non-performance by You or any or all of the undertakings, warranties or obligations under this Agreement. Pronunciations and recording style. You will endeavour to provide me with the correct pronunciations and required recording style required more than one hour prior to the planned session commencement.
8. Re-record policy / problems
It’s your responsibility to check the recording and notify me of any problems within five working days. You have directed the session, or if a custom sample was approved prior to the recording, then re-records after the session is complete will incur an additional expense and be covered under a separate booking agreement. The only exception would be if the audio delivery is corrupt, in which case I would endeavour to resolve the issue. For an undirected session where a custom sample was not approved, I may agree to a single re-record session at my discretion if:– The script and direction is unchanged.– Pronunciations are consistent with that indicated by you prior to booking.– I am notified within five days of the initial recording.– The script is less than 1,000 words. For scripts of more than 1,000 words, I recommend you request a custom sample and approve the style prior to me making the full recording.
9. Freelance Voice Over Booking cancellation
Once a booking has been agreed, the fee may become payable in full whether or not the recording is still required. This fee would be representative of my costs because my studio facility may have been booked already, or I may have rejected other work. If I am ill or have a technical problem, I may need to cancel or delay a booking. If I cancel a booking, the agreement will become void and a new agreement needs to be re-signed to cover the amended session. I also reserve the right to cancel because of the nature of the script or where it will be broadcast (see 1. Engagement).
10. Governing law
The governing law of this Agreement is English law and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.