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SERVICE AGREEMENT
This Agreement (the “Agreement”) dated as of _________, 2022 by and between
Ms. Ghazaal Falahati Jahromi by the Alias name of NELLY TGM & Xanbour
(hereinafter “Artist”) on the one hand, and Mr./ Ms. …………. (hereinafter
“Client”) who reside at on the other hand with regards to certain composing
services.
Whereas, the Artist is a professional and is able to provide artistic services;
And whereas, the Client wishes the Artist to create certain Artwork described
more fully herein;
And therefore, the Artist wishes to create such Artwork; In consideration of the
foregoing premises and the mutual covenants hereinafter set forth and other
valuable considerations, the parties agree as follows:
Defenitions:
Urgent Deadlines: Any immediate deadline, which is to be considered sooner
than a reasonable dealine.
Demo: a demonstration of a work in the sphere of this contract.
Article 1 – Scope:
1.1. The Artist agrees to create Artwork(s) (hereinafter referred to as the Work) by
the request of the client and in accordance with the following specifications, such
as the fees and the exact services:
Service Fee
o Topline Writing (Original Lyrics and Melodies
on an instrumental track)
o Singing Only (Singing a pre-maid Lyric and
melodies)
o Songwriting Only (Original Lyrics and Melodies
on an instrumental track made for another singer,
the songwriter holds the copywrite and credits of
songwriting in any form of publishing
worldwide)
o Demo Singing (Singing a suitable demo for a pre-
maid Lyric and melodies that the client provides)
o Covering (Singing famous or specific songs in the
main style or a specific style)
o Background Singing/Harmony Singing (Only
background singing or designing backings and
vocal harmonies for a song)
o Ghost Writing (Original Lyrics and Melodies on
an instrumental track made for another singer, the
songwriter does not hold the copywrite and
credits of songwriting in any form of publishing
worldwide)
o Vocal Tuning (Main/s:___ Backing/s:_____)
o Extra fee for deadlines
o Extra fee for _________
Total
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1.2. The name or the alias names of the Artist will be mentioned in work described
in the following way:
Alias Name Details
o NELLY TGM
o Xanbour
o No Name (Songwriter name
added only)
o No name (Ghost writing)
Article 2 – Deadline
2.1. Artist agrees that the Works specified in Article 1, will be delivered to the
client by the following deadline and formats after the Client has made the first
payment in accordance with Article 4:
2.2. If the Client fails to adhere to its obligations specified in article 4, the delivery
deadlines will be extended by the same amount time.
Article 3 – Rights Granted
3.1. Upon receipt of full payment, the Artist grants the following rights to the
Client. All rights not explicitly listed here shall be reserved by the Artist. The
Client is allowed to use the Work to promote the project the Work is
commissioned for, and any further agreement regarding the Works specified in
this agreement between the Client and any other producers or labels shall be
consulted with the Artist.
3.1.1. Category of Rights Granted:
3.1.2. Territory: International
3.1.3. Duration: (X amount of time, Lifetime of Work Use)
3.1.4. Use of Work:
Article 4 – Payment
4.1. The Client agrees to pay (X) (hereinafter referred to as the Full Balance) for
the Rights Granted in Article 3.
4.2. The Client agrees to pay X% of the full balance upon the signing of this
Contract as a Deposit. The full balance is due upon approval of the final artwork
before the final hi-resolution files are delivered to the Client.
4.3. If the Client terminates the contract any time after the Deposit is made, but
before the Artist completes the first round of revisions, the Deposit shall act as a
Kill Fee, and the Artist will keep the Deposit.
4.4. If the Client terminates the contract at any point after the Artist completes
the first round of revisions, the Artist will keep the Deposit, and the Client will
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owe a further 25% of the full balance as a Kill Fee. All the intellectual property
rights will lay with the Artist as well.
4.5. The Client will reimburse the Artist for the following expenses separately
from the Artwork Fee stated above. Expenses are subject to prior approval from
the Client. The Artist will submit receipts for these expenses with their final
Invoice.
4.6. payment method:
4.6.1. The Client may pay through by PayPal or a bank account, both indicated
below:
PayPal address: [email protected]
Iranian Bank Account: 6219861908322737 (Blu Bank, Account holder: Ghazzal
Falahati Jahormi)
4.6.2. The Client shall inform the Artist in writing and provide the Artist with
receipt of the payment as soon as they’ve successfully paid.
Article 5 – Obligations of the Artist
5.1. The Artist undertakes to provide and make the Works specified in this
contract based on the Client’s request and revise the Work up to ….. times to
reach the Client’s approval.
5.2. The Artist undertakes to prepare and deliver the work within the specified
deadlines in accordance with article 3.
5.3. Due to the fact that singing is dependent on physical health, obviously, in
case of uncontrollable events such as physical illness which prevents the Artist to
make the Works with the requested quality, the project process may be delayed
until full recovery. The Artist undertakes to inform the Client of such matters as
soon as possible and pursue the process after complete recovery.
5.4. By the time of the mentioned deadline, the client is entitled to receive the
ordered work/ works according to the Article 1 of this agreement, in the following
formats:
5.5. The artist undertakes to create a demo for the topline melody and lyrics which
is not finally recorded, just to share the idea with the client.
5.6. When the client confirms the topline melody, the Artist will commence
designing back vocals and harmonies, etc.
5.7. When the client confirms the backings and harmonies, the final recording
will be done. The artist can charge the client for any edit request after this step.
5.8. After confirming the final recorded and tuned stems with the client, the client
is to make the final payment, and afterward they will receive the high-quality
stems and the project is over
5.9. If the artist fails to deliver the Works in accordance with the urgent deadlines,
the Artist is obliged to refund the entire amount paid by the Client.
5.10. The Artist undertakes to provide high-quality Works with regards to
technical standards and to deliver the Works according to the format requested
by the Client.
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Article 6 – Obligations of the Client
6.1. The Client must provide detailed and accurate information regarding his
requests to the Artist.
6.2. The Client undertakes to inform the Artist to revise the Works before the
final recording as any further edits requested after the final recordings will cost
an upfront amount of 50$ (will be added to the total amount of the contract). The
Client may request one general edit and two partial edits.
6.3. If the final work is to be published under the Artist’s name, the Client is
obliged to send the record label contract to the singer and then publish it after his
signature. (Obviously, the singer should be mentioned in the contract as the
singer, songwriter and artist of the work, even if her name is not supposed to be
mentioned in the title of the work.)
Article 7 - Release Agreements
7.1. If the Works are going to be published under the original alias, which is
NELLY TGM, or the second alias, which is Xanbour:
• The Client is obliged to comply with all the technical agreements mentioned in
this Agreement.
• In case of using the original Alias name, which is NELLY TGM, this name must
be included as the main artist in the title and credits and not as Featuring Artist.
• In case the client insists on releasing the work with this alias name using and
the work in question does not match the Artist's standard genres, The artist is
entitled to charge the client an extra fee.
• In case of using the second Alias name, which is Xanbour, this name can be
used as the Main Artist and Featuring Artist, based on the Client’s choice.
• The client undertakes to approve the final version with the Artist before
publishing the work.
• The client undertakes to send the label contract to the Artist before publishing
the work.
• If the Client decides to publish the work with the cooperation of a label, the
Client undertakes to provide the label with accurate information about the singer's
name and profile and to ensure that the Artist’s name or Alias's name is correctly
mentioned in the track submission process.
• The Client undertakes to inform the Artists of any payment or invoices made by
the publishing labels.
7.2. If the parties agree to publish the work without any Alias name of the singer
and songwriter:
• The Client is obliged to comply with all the technical agreements mentioned in
this Agreement.
• The client undertakes to approve the final version with the Artist before
publishing the work.
• The Client undertakes to provide the correct name and profile information to
the labels when sending the track and to ensure that the Artist’s name is correctly
mentioned as the songwriter of the work in all credit sections.
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7.3. In case of cooperation in the form of ghostwriting:
• The Client can mention other names as the songwriter of the work in the credit
sections.
7.4. In case of songwriting cooperation:
• The Client is obliged to comply with all the technical agreements mentioned in
this Agreement.
• The Client undertakes to provide the correct name and profile information to
the labels when sending the track and to ensure that the Artist’s name is correctly
mentioned as the songwriter of the work in all credit sections.
7.5. The Artist is entitled to request a Takedown of the works published by the
Client if the following situations happen:
7.6. If the Client or the cooperating label fails to correctly mention the name of
the Artist as the Vocalist and Songwriter during the track submission process or
in the “Track Title.”
7.6.1. If contrary to the obligations of the contract, Vocalist and Songwriter is not
included in the artist's section of the work on platforms such as Spotify and
Beatport and is included in the sections such as "Appears On."
7.6.2. Failure to include the name of the songwriter as the sole songwriter of the
work (this means that the order recipient must be introduced as the sole
songwriter of the work)
7.6.3. The Client, without informing the Artist, sells the work in different ways
without consulting The Artist or uses the Work illegally and contrary to customs
and honor activities (such as reselling the piece written on websites, using it on
internet content that is illegal or obscene and harms the personal and professional
image of the Artist)
7.6.4. If remixes are prepared from that work, and the name of the Artist is not
correctly mentioned and announced according to the provisions of this contract.
(In the ways specified in this section)
7.6.5. Failure to coordinate the publication of the Works in terms of quality and
final form of the work without informing the Artist.
7.6.6. In case the Client makes another work based on the Demo work delivered
by the Artist without the Artist’s consent.
Article 8 – Artist’s official accounts
8.1. Alias Name:
NELLY TGM (All letters are capitalized)
(Warning) Incorrect forms: Nelly Tgm, nelly tgm, Nelly TGM, etc...)
Performing Artist: NELLY TGM
Songwriter/Written By: NELLY TGM, Ghazaal Falahati Jahromi (Both names
must be mentioned)
Spotify Profile URL: 0CcMmRLIvPFUg1AmCdsSSN
YouTube Channel: https://www.youtube.com/channel/UCrSNIPVs4aL7ICsEtjf-
0QA
Beatport Profile: https://www.beatport.com/artist/nelly-tgm/813124
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Instagram Profile: https://www.instagram.com/nellytgm/
SoundCloud Profile: https://soundcloud.com/nellytgm/
Twitter Profile: https://twitter.com/NellyTgm
8.2. Alias Name:
Xanbour (Only the first letter is capitalized)
(Warning) Incorrect forms: XANBOUR, xanbour, xANBOUR, etc...)
Performing Artist: Xabour
Songwriter/Written By: Xanbour, Ghazaal Falahati Jahromi (Both names or one
of names must be mentioned)
Spotify Profile URL: 1e8q3JkYFDw1NdzarUA4fd
YouTube Channel:-
Beatport Profile:-
Instagram Profile: https://www.instagram.com/xanbour/
SoundCloud Profile:-
Twitter Profile:-
8.3.Songwriter Name:
Songwriter/Written By: NELLY TGM, Ghazaal Falahati Jahromi (Both names or
one of the names must be mentioned)
Article 9 - Revisions
The Artist shall be given the first opportunity to make any revisions of the Work
requested by the Client. However, the Client has the right to alter the Work in
order to suit the proportions of the reproductions. The Artist grants the Client 3
opportunities to provide feedback and revisions. The Artist agrees to make these
revisions to the best of their ability. Further revisions after 3 rounds will add a fee
of $A (representing 5% of the full balance of $X, as stated in Part 4) per extra
round of revisions as a separate Revision Fee.
Article 10 - Miscellany
Should the Client fail to meet any of the obligations set forth in this contract, the
Client agrees to reimburse the Artist with any legal fees incurred in the
enforcement of this Agreement. The Artist agrees that the Work is original to the
Artist and has not been previously licensed to any other party in a way that would
interfere with the Rights Granted to the Client in Part 3. The Artist agrees to
inform the Client of any additional rights considerations incurred through use of
a third party. This Agreement shall be binding upon the parties hereto, their heirs,
successors, assigns, and personal representatives. This Agreement constitutes the
entire understanding between the parties. Its terms can be modified in writing
signed by both parties
Article 11 – Dispute resolution
Any dispute arising out of or in connection with this contract, including any
question regarding its existence, validity, or termination, shall be referred to and
finally resolved by arbitration administered by the Tehran Regional Arbitration
Centre (“TRAC”) in accordance with the Arbitration Rules of the Tehran
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Regional Arbitration Centre (“TRAC Rules”) for the time being in force, which
rules are deemed to be incorporated by reference in this clause.”
The arbitral tribunal shall be composed of three arbitrators.
The place of arbitration shall be Tehran. The parties may participate in the
proceddings through online platforms if they are resident in other countries.
The language of the arbitration shall be English.
This contract shall be governed by the substantive law of the Islamic Republic of
Iran.
Article 12 – Entire Agreements
This Agreement constitutes the entire agreement between the Artist and the Client
and supersedes any prior understanding or representation of any kind preceding
the date of this Agreement. There are no other promises, conditions,
understandings, or other agreements, whether oral or written, relating to the
subject matter of this Agreement.
Article 13 – Communication between the parties
The communication between the parties, written or oral, shall be proceeded
through the following ways:
Email address and the Phone number of the Artist:
Email address and the Phone number of the Client:
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
the day and year first above written.
Artist Client
Signature Signature
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