Voice Talent Service Agreement
This Voice Talent Service Agreement (“Agreement”) applies to You (“Voice Talent”) and Voice it Inc.(hereinafter “Company” or “We”) for taking certain services of the Voice Talent by the Company.
By accessing and accepting these terms using the website, you agree to all terms and conditions of this Agreement and consent to be legally bound by and become a party to this Agreement. If you do not agree to any of the terms of this Agreement, please do not submit your audio or demo files or engage with us in any way.
Hereinafter both the parties mentioned above are collectively referred to as “Parties” and individually as “Party”, as the context demands.
Whereas, the Company desire to take the certain services of the Voice Talent as per the terms and conditions of this agreement;
Whereas, the Voice Talent is agreeable to providing such Services to the Company on the terms and conditions set out in this Agreement;
NOW THEREFNOW THEREFORE IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
In this Agreement, unless the context otherwise requires:
“Company” means the party hiring the Voice Talent on an as need basis to perform the Services or any part thereof referred to in this document;
“Voice Talent” means freelancer artists who have the necessary qualification and experience to perform the voiceover project as per the instruction provided by the Company;
“Data and Information” means all written and electronic information supplied by the Company to the Voice Talent;
“Client” means the Client of the Company, who is interested in taking various voiceover services from the Company.
“Project” means the Work / task provided to the Voice Talent by the Company as per the terms of this agreement.
“Services” means the Voice Talent will provide the Services (collectively, the “Services”). The Voice Talent has agreed to undertake and provide complete services to the Company and its Client’s projects within the time frame proposed by Company which shall include voicing scripts and associated ancillary services in respect of the work provided by Company in accordance with the terms and conditions of this agreement. (Described in “Schedule A”)
2) SERVICE PERIOD
This Agreement shall commence from the date of acceptance (the “Service Period”) and this Agreement shall continue until this Agreement is terminated pursuant to Section 7 of this agreement.
3) INDEPENDENT VOICE TALENTS
The Voice Talent shall serve as an independent freelancer artist on a non-exclusive basis. The Voice Talent shall not serve as an agent, partner, or employee of the Company.
4) VOICE TALENTS OBLIGATIONS:
- The Voice Talent shall conform to the standards and guidelines as agreed with the Company. The Voice Talent understands and agrees that any deviation from such standards without the prior written consent of the Company shall constitute a breach of this Agreement.
- The Voice Talent shall not use the project on any web site or social media platforms without written permission of the Company
- The Voice Talent shall not claim the client as their own
- If the Voice Talent has made a mistake when voicing the script, then they will correct it free of charge.
- The Voice Talent will meet time schedules as agreed with the Company and its Client.
- The Voice Talent cannot contact the Company’s clients directly without prior written notice and consent from the Company.
- From time to time, the Voice Talent may be asked by the Company to communicate with its client directly via phone, email, Skype or teleconferencing. The Voice Talent will do their best to accommodate such a request at no additional charge to the Company.
- Voice Talent will be required to submit an invoice for the agreed upon price to the Company upon completion of the voice over project.
5) GENERAL TERMS AND CONDITIONS
- That if Voice Talent submit their demo audio file to Company via contact us form or via email or third party website for consideration then the Company shall not be obligated to have the Voice Talent listed on its site nor the Company shall be bound to return the audio files back to the Voice Talent.
- If the Voice Talent’s audio is added to the site of the Company as a part of the roster, then such Voice Talent has to comply with the Voice Talent Service agreement.
- That the Company can use Voice Talent’s demo reel for marketing purposes.
- All voiceover and project files provided to the Company by the Voice Talent is the property of the Company.
- By purchasing Commercial Non-Broadcasting Rights of the voiceover by the Company, the Voice Talent freely gives the Company and its Client, world-wide, royalty-free, perpetual, irrevocable, non-exclusive right and license to resell, use, reproduce, modify, adapt, publish, translate, distribute and sub-license the voice over for Commercial Non-Broadcasting use.
- Commercial Non-Broadcasting Rights gives the Company and its Client with a licence and permission to use the voice over for commercial use to promote their product or service in non-paid advertising marketing channels.
- With Commercial Non-Broadcasting Rights, the Client is not paying to have the voice over promoted.
- By purchasing a Full Broadcast Rights (Buy-Out) of the voice over by the Company, in addition to the Commercial Non-Broadcasting Rights, the Voice Talent grants the Company and its Client with a license and permission for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.
- With Full Broadcasting Rights, the Client will profit from the largest type of public reach.
- The Company will not be liable for any claims, or incidental, consequential or other damages arising out of this license, the voiceover or the use of the voiceover.
- As the Voice Talent, you also understand that you will not receive any additional compensation for use of the voiceover other than the agreed upon price prior to starting the voiceover project.
Voice Talent agrees that Voice Talent will not at any time or in any manner, either directly or indirectly, use any information of the Company or Client for his/her own benefit, or divulge, disclose, or communicate in any manner any information to any third party without the prior consent of the Company. Voice Talent will protect the Company and Company’s Client’s Information and treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement.
The Voice Talent may be subject to legal charges if the confidential information will be used elsewhere and or shared.
7) TERMINATION OF AGREEMENT
This agreement will automatically be terminated (a) at any time on written notice given by the Company to the Voice Talent or (b) in the event of a material breach of the Agreement by the Voice Talent or (c) if the Voice Talent is unable to provide services to the Company or (d) in the event, the Company removes the Voice Talent from its roster and list of available Voice Talents shown on the Company’s Website.
Upon termination of the Agreement, the Company can at any time and without written notice to the Voice Talent, remove the Voice Talent from their Company website and roster by removing their demo and any work or project files.
Upon the date of termination of this Agreement, all legal obligations, rights, and duties arising out of this Agreement shall terminate except for such legal obligations, rights, and duties as shall have accrued prior to the effective date of termination and except as otherwise expressly provided in this Agreement.
Voice Talent is obligated to complete any work that has been assigned to the Voice Talent by the Company prior to terminating the agreement by either party.
No amendment or waiver of any provision of this agreement, nor consent to any departure by any of the Parties therefrom, shall, in any event, be effective unless the same shall be in writing and signed by the Parties hereto and then such amendment, waiver or consent shall be effective only in the specific instance and for the specific purpose for which it is given.
9) GOVERNING LAWS AND DISPUTE RESOLUTION:
This Agreement shall be governed by and construed in accordance with the laws of Ontario, Canada without regard to its conflicts of law provisions. The parties agree that any disputes between them may be heard only in the courts of Ontario, Canada and that the parties hereby consent to venue and jurisdiction in those courts.
DESCRIPTION OF SERVICES OF THE VOICE TALENTS
Voice Talent is required to do the following:
- Voice Talent is required to have a home studio with quality voice recording equipment.
- If required, the Voice Talent may be asked to do a short audition of the client script(s) which will be provided by The Company. This does not guarantee that the client will be selecting the Voice Talent for their voiceover project.
- If the Voice Talent is chosen by the client to voice their script, the Company will notify the Voice Talent.
- The Company will provide the Voice Talent with the final script(s) and any special instructions and pronunciation sheet.
- The Company will provide the Voice Talent with the final translated script(s) if voiceover is required in a different language.
- Multiple scripts may need to be voiced for the same client and project during the same recording session. This will still be considered as one project and pricing will be based on total script word count of all scripts combined.
- Script count will be based on a formula of 150 words is approximately 1 minute of finished audio
- Voice Talent will be required to provide high quality individual audio files for each script in either .MP3 or .WAV file format.
- To save time, Voice Talent may be asked to provide a few different takes of the script so as to make it easier for the client to choose the final audio file they would like to use for their project.
- If the Voice Talent has made any mistakes voicing the script(s), the Voice Talent will be required to re-record the script(s) and send the new audio file(s) to the Company at no additional cost.
- Voice Talent cannot mention or reference their name in any of the voiceover demo or audition audio file and or project files.
- Once the voice file is approved by the client, the Company will notify the Voice Talent and a final audio file may be required to be submitted to The Company by the Voice Talent in either .MP3 or .WAV file format.
- Payment to the Voice Talent will be made after the final audio files have been approved by The Company and its Client and submitted by the Voice Talent to the Company.