Terms & Conditions
**DISCLAIMER These terms do not apply to all circumstances. This is being provided for informational purposes. It is not intended to create an attorney/client relationship, and should NOT be relied on unless reviewed by an attorney versed in entertainment law in accordance with State Law, and under the specific instances for which it is being used. By purchasing from MissMorgyn, you agree to the terms below.
MissMorgyn projects shall be recorded in American English by Morgyn and shall include only voice over and/or production as it applies to the purchase(s) made. Other services such as copywriting, copyediting, adding music beds, or sound effects are NOT included unless agreed upon by both parties prior to recording.
All directions regarding the script/ copy are to be discussed immediately after purchase and prior to the recording session. No directions will be given during the recording session. Recording and production sessions will be closed and unsupervised. If there is no, or lack of clarity in direction, Morgyn will assume that you have given permission to use her best judgement to interpret the script.
MissMorgyn shall perform the exact script/ copy provided by the client in a remote studio and shall provide broadcast quality audio files of the performance to the client in accordance with this agreement. The mp3 files as delivered by Morgyn under this agreement are intended to be used in accordance with the purchase of the broadcast/non-broadcast production. Digital files will be submitted to client upon receipt of full payment and shall be delivered via email. One round of edits at no additional charge will be provided by request.*Voice over and production rates are for unlimited airings.
MissMorgyn accepts payments via PayPal/Credit Card. All sales are final. No refunds available once production has been delivered.
Morgyn, hereinafter referred to as “Talent,” will not disclose to any party any trade secrets or confidential information of Client, including, without limitation, (a) any information concerning any of the products or services of Sponsor that has not been disclosed to the general public with Client’s authorization, (b) the contents, nature or direction of any advertising campaigns, copy, commercials or other materials produced hereunder until the applicable commercial or other material airs or otherwise publicly appears with Client’s authorization, (c) your relationship with Client until such relationship has been publicly disclosed with Client’s authorization and (d) any of the terms of this Agreement.
Upon receipt of final payment as stated above, Talent acknowledges that he/she has no right or interest in any copyright to the work or voice recordings, or other materials resulting from the services performed under this contract. Talent acknowledges that their work was a “Work for Hire” as defined by the United States Copyright Laws. Talent acknowledges that all copyrights and rights to exploit, use or reproduce this work now or in the future shall be the intellectual property of the Client, and Talent shall sign any documentation that may be required in the future to assign such copyrights to the Client. However, should Client breach any of its obligations under this agreement, including non-payment. Talent shall have hold the copyright to the sound recordings produced by Talent under this Agreement until such time as payment, including interest if applicable, has been received in full.
TALENT’S RIGHT TO CONTRACT:
Talent hereby warrants and represents to Client/Producer that Talent has the full right and authority to enter into this Agreement with respect to his/her services; that Talent has not limited, by agreement with others, his/her right to perform services hereunder; that in the making or performance of this Agreement, Talent will not knowingly violate any laws, orders or regulations, or the rights, legal or equitable, of anyone; and that Talent has the full ability and right to do any and all things called for by this Agreement. Talent warrants s/he is of legal age to enter into contracts.
Client agrees to hold Talent harmless for any and all claims made against Talent arising out of this project, including payment of Talent’s reasonable attorney’s fees and Court costs. This shall include, but is not limited to, any lawsuits or claims against Talent as a result of libel/slander, breach of warranty, violation of publicity rights for celebrity impersonations, etc. Talent agrees to hold Producer/Client harmless for breach of any warranty as per the Paragraph herein entitled “Talent’s Right to Contract” and/or for breach of Confidentiality as per the terms of that Paragraph.
RIGHT TO COPY OF FINISHED WORK
Client agrees to furnish a copy of the finished project to Talent, and Client agrees that Talent may use all or a portion of the copy on Talent’s website or voiceover Demo, only for promotional purposes of Talent’s voice over and production services, subject to the Confidentiality clause above.
CHOICE OF LAW/JURISDICTION
This agreement and its performance shall be governed by the laws of the state of Maryland and the District of Columbia, United States of America. Any disputes under this agreement shall be resolved by the courts.
Purchases from MissMorgyn shall be subject to any deductions required by law. This agreement contains the entire understanding between Client and Talent with respect to the subject matter hereof, may not be altered or waived except by a writing signed by both parties.
In no event shall the Talent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Talent shall use reasonable efforts to resume performance as soon as practicable under the circumstances.
**These terms may be changed, amended, or altered in part, or in full, without warning by MissMorgyn. It is the responsibility of the client to read and understand these terms and conditions.