Terms – Please Read Carefully
By providing your payment and contact information you agree to the following:
1. The terms “The Client”, “Client”, “guest”, “you”, “your” refer to the person, business or other entity purchasing the AudioMERCIAL™. The terms “John Melley Voice Overs & Production”, “JMVOP”, “we”, “our” refer to John Melley Voice Overs & Productions and its parent company AR Enterprises Co., Inc., the producer and provider of the AudioMERCIAL™. This Audio Program is offered under a Joint Marketing Agreement between JMVOP and Glazer Kennedy Insider’s Circle, LLC headquartered in Towson, Maryland.
2. Payments & Deposit. For those selecting Option “A”, a deposit of $997 of the total production fee from Client is required to schedule a production date with JMVOP. Once the deposit is received, Client will be contacted and provided an Interview Preparation Guide and an interview date will be set. The balance of $1000 shall be due and paid in full prior to receiving the edited audio and artwork for Client Approvals from JMVOP as outlined in Section 7 “Approvals”. For those selecting Option “B” Client will realize an additional savings of $200 off the amount of $1997 and will pay $1797 in full for all services and goods offered on this Acceptance Form.
3. Cancellations & Refunds. Due to tight production schedules and studio availability, you must schedule your recording session within 90 days of JMVOP’s receipt of deposit. After 90 Days the deposit shall be forfeited by Client. If Client wishes to schedule another interview date, another deposit of $997 of the production fee shall be required. If the interview cannot be scheduled within 90 days of receipt of the deposit due to studio unavailability or due to circumstances beyond the control of JMVOP, the original deposit shall be honored. If a cancellation is made within 5 Business Days of JMVOP’s receipt of the deposit, 100% shall be refunded to you less any administrative and banking charges. If you are not completely satisfied with the quality of the interview program as outlined in the guarantee: JMVOP guarantees you will be satisfied with your recording experience, the quality of your interview program and artwork and, deadlines will be met. If these are not met, subject to the terms in Section 4 “Deadlines”, 100% of the production fee for the interview shall be refunded to you.
4. Deadlines. Client understands there are certain deadlines to be met by both The Client and JMVOP to ensure a smooth production process. To assist meeting the deadlines, JMVOP will provide the guest of the program with an Interview Preparation Guide. This Guide is a resource that must be completed and faxed to JMVOP at 1-815-550-1212 at least 3 Business Days prior to the Scheduled Interview Recording Session Date. In order to claim a refund in the 100% Satisfaction guarantee described in section 3 of this agreement, Client must adhere to all deadlines agreed upon by Client and JMVOP.
5. Artwork, Logos & Copyrights. Client certifies it owns or has secured the legal rights and copyrights to use any and all artwork, graphics, recorded materials, sound files, testimonials, creative copy and images submitted to JMVOP for the purposes of inclusion in the AudioMERCIAL™ and logos or artwork for the Client. Client agrees that Client is solely responsible for ensuring compliance with all copyright laws, rules and regulations both foreign and domestic and shall be strictly and solely liable for any and all violations of those laws, rules and regulations. Client agrees JMVOP, its parent corporation, marketing partners, affiliates, agents and subcontractors shall be held harmless against any and all claims of copyright violations and Client shall indemnify JMVOP for any and all costs, legal expenses and damages incurred by JMVOP, its parent corporation, its marketing partners, affiliates, agents and subcontractors for any and all copyright infringements and violations by the Client. Client must submit logos and artwork to be included in their CD Cover and Label design via email to JMVOP at least 3 Business Days prior to the Scheduled Interview Recording Session Date to allow the Graphics team to start work on the cover and label.
6. Client certifies he/she is a duly authorized representative or agent to speak on behalf of the person, business or other entity purchasing the AudioMERCIAL™. Client agrees they are solely and entirely responsible for the statements and any claims made on the AudioMERCIAL™. All statements and claims shall be made in good faith and rely upon currently available data and research. Client agrees to hold harmless JMVOP, its parent corporation, its marketing partners, affiliates, agents and subcontractors from any and all claims of slander and libel and shall indemnify JMVOP its parent corporation, its marketing partners, affiliates, agents and subcontractors for any costs associated with defending any such claims and/or judgement(s).
7. Approvals. For Those Selecting Payment Option “A”, after receiving the remaining balance of the $997, JMVOP shall provide a “rough edit” of the interview in MP3 format for Client’s review within 7 Business Days following the recording session. Requested revisions not requiring a retake session with Client shall be made within 48 hours. JMVOP shall provide artwork to Client for review and approval for the CD Case and CD. Client shall review all contact information for accuracy and provide written confirmation via email or fax the artwork and AudioMERCIAL™ are approved. Once the AudioMERCIAL™ and artwork have been approved by Client, JMVOP shall provide a CD Master for duplication/replication and a CD with MP3 versions of all the tracks for use by Client. Client shall also receive artwork on CD-ROM for printing on the CD Case and CD.
8. Retakes Additional Fees. Client agrees additional recording sessions to supplement or revise content from the original recording session other than the recording of testimonials to be included in the program, will incur a minimum additional charge of $750.
9. Scope of Work. Client understands the fee charged for the AudioMERCIAL™ is solely for the planning, recording, production and mastering of the AudioMERCIAL™ and its various elements, The Master CD, the MP3 Files CD, and the Camera Ready Artwork. Client is solely responsible for Duplication/Replication and printing of the AudioMERCIAL™ at Client’s expense. JMVOP has affiliate relationships with duplication companies and may, at its option recommend them for duplication/replication & printing services.
10. Ownership. Client owns the AudioMERCIAL™ and is free to use the program for any lawful purpose, with the following exceptions: JMVOP and Glazer Kennedy Insiders Circle, LLC own and retain all rights to the program name “Insider’s Circle Audio Network With John Melley™”, “AudioMERCIAL™” and production elements of the introductory music theme, segue music, transitional music and sound effects and closing music theme and announcer copy. JMVOP and Glazer Kennedy Insider’s Circle, LLC grant a license to use these elements within the context of this AudioMERCIAL™. These elements may not be altered or edited outside the context of this interview without the express written permission of JMVOP and Glazer Kennedy Insider’s Circle, LLC or its agents. JMVOP and Glazer Kennedy Insider’s Circle, LLC reserve the rights to use the AudioMERCIAL™ for demonstration and marketing purposes in print, recorded and electronic form and any future media that may become available.
11. Jurisdiction/Severability. JMVOP is a D/B/A of AR Enterprises Co., Inc., a Massachusetts Corporation. Any disputes arising under this agreement shall be settled in the Commonwealth of Massachusetts. Any expense incurred by Client or its agents to deal with any dispute from this agreement shall be borne by Client. If one section of this agreement is found to be void, such decision shall not impact the other sections of this agreement.
©2010 AR Enterprises, Co., Inc. DBA John Melley Voice Overs & Production, P.O. Box 441, Arlington, MA 02476. www.InsidersCircleAudio.com. Thank You for choosing John Melley Voice Overs & Production for your Custom AudioMERCIAL™ Program! Your Satisfaction is 100% Guaranteed. We appreciate your business.