Co-production agreement

Fecha:

Co-production agreement

Revisión: 14/08/2024

The parts

On the one hand, Daniel Hernandez-Cros Paradell, with DNI 46228915-L and professional address at Plaza Julio Gonzalez 8, Bajos, CP 08005 of Barcelona, ​​Spain, operating with the trademarks Rosazul and El Susurro, hereinafter THE COMPANY

 

And on the other hand,

Name and surname:

DNI/NIE/Passport:

Address (street, number, floor):

Zip code:

Population:

Country:

E-mail:

Phone:

hereinafter, THE ARTIST
 

 

  1. Terms of Service 

Estudi Rosazul is an audiovisual recording studio located at Plaza Julio Gonzalez 8, in Barcelona, ​​where recordings are made and events are organized.

El Susurro is a ticket sales and event broadcast service provided through the website elsusurro.com.

The parties sign this agreement in order to hold an in-person concert at the Estudi Rosazul that will be recorded and broadcast through the elsusurro.com website.

The duration of the concert will be 60 minutes. at 90 mins.

Both in-person and streaming events have a predetermined number of tickets (40) that is displayed on each event page and is updated as they are sold.

Users who purchase a streaming ticket can watch the concert live for the next 7 days on the website elsusurro.com. The in-person audience also receives a link where they can watch (not download) the concert for 7 days.

COPYRIGHT

In order for THE COMPANY to be able to settle the copyright management entities for the part that corresponds to the authors, THE ARTIST must complete the list with the repertoire that he or she will perform in the annex that you will find in the Google Drive folder that will be provided to you. THE COMPANY.

  1. Servicios incluidos:

THE COMPANY offers THE ARTIST the following services:

  • The infrastructure of the Estudi Rosazul recording studio, including: audiovisual recording equipment and qualified technical personnel.
  • Sound system for the concert
  • Concert video: a 1920 x 1080 MP4 file with the live audio mix
  • Multi-camera broadcast through elsusurro.com
  • Creation of the in-person event and the streaming event on the elsusurro.com website
  • Design of 2 digital posters in Spanish and Catalan
  • Dissemination of the event through the monthly newsletter to users of the platform, publications on the @elsusurromusica and @rosazulmusica accounts on Instagram and Facebook, distribution list via WhatsApp and the monthly programming poster
  • Interview on Instagram Live (subject to availability of the media manager)
  • Support in the communication of the event on networks
  • Promotion coupons
  • 1 drink included in the ticket price
  • Sending the video to the public, accessible in 7 days.

III. Economic agreement

The cost of the services included (point II.) will be shared between THE ARTIST and THE COMPANY, with THE ARTIST covering an amount of €200 + VAT, first with a RESERVATION of €100 (VAT INCLUDED) in order to make the reservation from the studio and staff, and the remaining amount from ticket sales. If this is not achieved, the difference will be assumed by THE ARTIST.

 

Once that amount is covered, the income from the tickets (both in person and streaming) will be distributed, deducting 21% VAT and the bank commission:

70% ARTIST

30% COMPANY

 

BOOKING

 

THE ARTIST must deposit the amount of the RESERVATION (€100 VAT INCLUDED) at least 30 days before the concert into the bank account:

IBAN ES40 2100 1196 41 0200064083

Indicate in the concept the name of THE ARTIST and the date of the concert and upload the proof of payment to the folder on the drive that will be provided.

The reservation conditions are as follows:

  1. Entry gives the right to reserve the studio on the chosen date as well as the professionals who will be part of the event.
  2. In case of cancellation of the event by THE ARTIST within a period of 7 days or less than 7 days before the event, THE COMPANY will refund the tickets and the amount will not be refunded.

TICKET PACK

There is the option for THE ARTIST to make a prepayment and obtain a ticket pack. In that case, it will provide THE COMPANY with the list with the name and email of the people who will attend.

TICKET PRICES, TAXES AND BANK COMMISSION

The minimum price for the in-person ticket will be €15 (VAT included) and the streaming ticket will be €8 (VAT included). The parties may agree to higher prices.

The VAT for tickets purchased in Spain is 21%. Streaming tickets sold outside of Spain are not subject to VAT.

The banking commission will be the one applied by Paypal and Stripe and will be detailed in the settlement, which will be sent within a maximum period of 7 days from the concert.

INVITATIONS

Streaming concert: THE ARTIST may have 2 invitations and an additional one for each participating musician up to a maximum of 5. For this purpose, coupons will be sent to be able to redeem them on the elsusurro.com website.

In-person concert: They will only be provided if there is a media outlet and a professional photographer, who must be previously notified to THE COMPANY.

If THE ARTIST wishes to have more invitations, they will be invoiced at the retail price.

THE COMPANY reserves the right to provide its staff with access to the broadcast, for the purpose of coordination, supervision, training or promotion of the service.

INVOICE AND PAYMENT

Once the settlement of the tickets is received, THE ARTIST must issue an invoice and send it to mail@elsusurro.com.

Payment will be made within a maximum period of seven (7) business days from receipt of the invoice.

Extra Services (Not included):

THE COMPANY makes the following services available to THE ARTIST. (Check those that interest):

  • SESSION BY PROTOOLS TRACKS €50
  • USE OF THE GRAND PIANO €50

This amount goes towards shared tuning.

THE ARTIST will be able to have a Roland FP 50 electric piano free of charge.

These prices do not include 21% VAT

  • STUDY RATES

THE ARTIST will be entitled to a 20% discount on the recording, editing and mixing service.

  1. Retransmission license

THE ARTIST transfers to THE COMPANY the license to broadcast his/her event, and may not transmit it through other channels, social networks or platforms, live or recorded. To do this, THE ARTIST authorizes THE COMPANY to:

  • Create audio and video clips from the material that THE ARTIST uploads to the Google Drive folder provided by THE COMPANY and make these contents available to users through the website elsusurro.com and through the networks of THE COMPANY on Facebook, Instagram and Tiktok.
  • Edit, reproduce, publicly distribute, transmit, display, transfer and host the contents that THE ARTIST deposits in his/her folder on the drive. (images, biographical materials, videos, etc.)
  • Encode, transcode or convert said content into any format, as well as store your broadcast submissions through its servers in order to display them to registered users on the elsusurro.com platform.
  • Be able to use two complete songs from the concert video through THE COMPANY’s YouTube, Facebook, Instagram or Tiktok accounts or others that may be created in the future without the obligation to expressly notify THE ARTIST.

The contents shown on the elsusurro.com platform include the audiovisual content of the transmission itself, as well as texts, files, images, photos, videos, sounds, musical works, works of authorship, preview clips and graphic and audiovisual material. created from the broadcasts of El Susurro or the material uploaded by THE ARTIST

Both THE ARTIST and THE COMPANY may fragment the audiovisual recording of the concert and publish the contents with the commitment to tag the other party with the corresponding Instagram and/or Facebook account.

The recording video will by default contain the EL SUSURRO watermark consisting of a circular icon in the lower right band of the image.

For information on how THE COMPANY collects, uses and discloses the personal information of platform users, you can consult the Privacy Policy page.

Deadline

The validity period of this agreement begins on the date listed in the heading and will be valid until 7 days after the concert in which public access to the video will be stopped.

Expiration of the term of this Agreement will not relieve either party of its respective obligations incurred before or during the term.

Claims

THE COMPANY states that in order to offer the services it provides it depends on the electric company that provides the electricity supply to the premises and the telephone company that provides internet services and facilitates the connection to the network and that as such it cannot guarantee that the broadcast and recording service of the concert cannot suffer interruptions, be free of errors or that any defect that may arise cannot be corrected during the broadcast of the event and that these could affect the recording.

THE ARTIST acknowledges that the video link provided in the “Concert Information” document included in his/her Google Drive folder is free of rights or has the necessary authorization from the copyright owner so that THE COMPANY can extract it and insert it into the THE/THE ARTIST events

If you receive any claim about the material provided by THE ARTIST, THE COMPANY will notify you of any anomaly of this type, agreeing to exempt THE COMPANY from all responsibility.

This Agreement will be governed and construed in accordance with Spanish law applicable to agreements entered into and to be performed in their entirety, without regard to conflict of law principles.

VII.     Data and metrics

THE COMPANY is the sole owner of all data that it observes or collects during or after the term as part of the provision of THE COMPANY Services.

For any clarification, you can direct your queries to the email mail@elsusurro.com.

Annex 1. Notification of the repertoire

Do you belong to a society of composers?

yes / no       To which one?

Annex 2. Transfer of image rights

In order to be able to broadcast and record the audiovisual content, THE ARTIST authorizes THE COMPANY to include in any audiovisual medium for the purposes of reproduction and public communication, the video made during the performance, as well as to use his/her image as part of the video for the purposes specified in this agreement.

This authorization to use the content of the video and its image is made without prejudice to respect for the moral right of paternity and integrity established in author legislation. By virtue of this document, the undersigned declares to be a representative and to grant this authorization without any limitation. In any case, it will respond for any claim that may arise regarding copyright, exonerating THE COMPANY from any liability.

The authorization granted here is exclusive for the video recording of the concert in question, which will have a commercial use and will be disseminated through the elsusurro.com page, as well as on its social networks and media in the national territory or abroad.

SIGNED:

THE ARTIST                                                                       THE COMPANY