Performance Accompaniment Recordings - Terms and Conditions

1. Licensee shall NOT have the right to print, copy, arrange, adapt or edit any of the PAR without the aid, or permission from MTI. COPYING, RECORDING, OR TAMPERING WITH PAR IS A VIOLATION OF THE TERMS OF LICENSEE'S PRODUCTION CONTRACT. Licensee understands that its failure to follow the above requirements, even if inadvertent, will incur liability for statutory copyright infringement under federal law. Licensee agrees that, without limiting any other recovery that MTI may obtain against Licensee, whether at law or at equity, for its breach of this Agreement, Licensee shall, at a minimum, reimburse MTI for its out-of-pocket legal fees and shall pay to MTI damages equal to three times the total license royalty fees paid or payable to MTI by Licensee for its production of the Play.

2. Licensee agrees and acknowledges that any violation of the foregoing Paragraph 1 of these Terms and Conditions may result in the immediate termination of the Licensee’s license to use PAR, as well as the associated Production Contract. MTI shall not be liable to Licensee or any third party for any direct or indirect costs arising from such termination(s).

3. Licensee may cancel its PAR order for a full refund of the rental fee at any point prior to the date Rehearsal Tracks will be available for download. HOWEVER, if Licensee cancels its order on or after that date, the rental fee is non-refundable.

4. Playbill/Program - The Licensee’s program for the Play must include the following billing:  Recorded Music provided by special arrangement with Music Theatre International (MTI).

5. The rights granted herein are personal and unique to Licensee's organization and may not beassigned or transferred. These Terms and Conditions identify the totality of the rights granted to Licensee with respect to PAR and any related media and technology; all other rights in PAR and any related media and technology are reserved to MTI.

6. Licensee's PAR rental order includes performance and rehearsal tracks, which are delivered digitally or can be downloaded through The MTI App. Performance tracks can only be downloaded through the MTI App on Apple devices (iPad, iTouch, iPhone) operating iOS 7 or later. For Licensee's production, performance tracks can only be authorized and downloaded onto two (2) devices.

7. Provided Licensee has accepted these Terms and Conditions and MTI has received the full rental fee, as well as the applicable royalty, rental and security fees for Licensee's production, Licensee's Rehearsal Tracks will be available approximately two (2) months prior to the first performance. Licensee's Performance Tracks will be available approximately two (2) weeks prior to the first performance.  Make the capitalization of Performance and Rehearsal Tracks consistent throughout.

8. While MTI has gone to great lengths to insure stable operation of the MTI App, no warranty is offered or implied as to the suitability of the MTI App for Licensee's particular purposes.

9. Licensee agrees to indemnify and hold harmless MTI and its affiliates, and the authors/owners ofthe Play against and from any and all charges, costs, expenses and liabilities that MTI may incur as a result of any demands, claims or actions brought by reason of the making of, production, shipping, operation, and/or use of the tracks.

10. Licensee may not use or allow the use of PAR for any production other than the one licensed to Licensee by MTI identified under the "PRODUCTION" heading of its Production Contract.

11. As consideration for its rental and use of PAR, Licensee agrees to pay the fees set forth in the Production Contract.

12. Alterations and/or modifications and edits are available upon request and are billed at a rate of $50 per hour with a 1/2 hour minimum for each instance edits are submitted. All edits and modifications are requested to be submitted no later than three (3) weeks prior to Licensee's opening date. Alterations will be delivered for approval approximately five (5) days after the latest submission request.

13. These Terms and Conditions shall be governed by the laws of the State of New York.

14.  Licensee must accept these Terms and Conditions of this Agreement and make manifest suchacceptance by clicking “I Accept.” MTI shall be under no obligation to take any action pursuant to Licensee’s PAR order unless these Terms and Conditions have been accepted.

 

CLICKING "I ACCEPT"WILL CONSTITUTE A BINDING AGREEMENT PURSUANT TO WHICH MUSIC THEATRE INTERNATIONAL, LLC D/B/A MUSIC THEATRE INTERNATIONAL ("MTI") SHALL RENT TO THE LICENSEE NAMED IN THE MTI PRODUCTION CONTRACT FOR YOUR ORGANIZATION’S PRODUCTION OF THE PLAY (“PRODUCTION CONTRACT”) PERFORMANCE ACCOMPANIMENT RECORDINGS AND REHEARSAL TRACKS SOLELY FOR USE IN CONNECTION WITH THE PRODUCTION OF THE PLAY LICENSED THROUGH MTI