By submitting your Church Will Sing recording(s) (individually and collectively the "Recording") to Word Entertainment LLC ("Word"), whose address is 25 Music Square West, Nashville, TN 37203, you hereby agree and accept the terms herein as well as Word's Terms of Service
on behalf of your Church (the "Church") and the Church’s congregants whose performance are included on the Recording (your Church and its congregants whose performance are included on the Recording are individually and collectively referred to herein as "you").The individual accepting and agreeing to this agreement warrants and represents that the individual accepting and agreeing to this agreement is an authorized signer of the Church and has authority and power to enter into this agreement on behalf of you. You warrant and represent that you have the right, power and authority to enter into this agreement and to grant the rights granted herein.You warrant and represent that on the day of recording the Recording (i) there were signs located at all entrances to the Church containing the following language (with print large enough to be easily read by those persons passing by and/or entering the Church) and (ii) the Church program for the service during which the Recording was recorded also included the following language: "ATTENTION: This event is being filmed, recorded and/or videotaped. Each person in attendance on behalf of themselves and any and all minors accompanying them irrevocably: Consents to being recorded and releases WORD ENTERTAINMENT LLC and its designees from any and all liability for loss and damage to persons and/or property and for infringement of any and all rights; Expressly authorizes and permits use of his or her name, voice and likeness and all reproductions thereof in any and all media (whether now or hereafter known) for all purposes throughout the universe in perpetuity by WORD ENTERTAINMENT LLC and its designees; Expressly waives all rights he/she may have to any claims for payments and/or royalties in connection with any and all uses of the recording(s) taken within the premises and other reproductions of his or her name, voice and likeness; Waives any and all rights to inspect and/or approve any recording(s) taken within the premises and/or other reproductions of his or her name, voice and likeness ; Is informed of his/her consent, waiver of liability and release before entering the premises. "You shall take pictures of the Church program and such signs and submit the pictures to Word at the time you submit the Recording.You warrant and represent that the Recording shall only be a recording of (i) the music bed downloaded from www.TheChurchWillSing.com and (ii) the vocals of the Church’s congregants singing solely the lyrics of the applicable composition in the arrangement of the downloaded music bed for such composition.You, for good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), hereby expressly irrevocably acknowledges, certifies and agrees that from the inception of recording the Recording, all of the results and proceeds of your services of every kind heretofore rendered by you in connection with the Recording and any and all original session masters, "out-takes", duplicates and derivatives and videos thereof, all reproductions made therefrom, matrices, records and the performances embodied therein and thereon created for the Recording and/or in connection with the Recording are and shall be deemed works "madeforhire" for Word in that (i) the Recording was deemed prepared within the scope of Word’s employment of you hereunder and (ii) the Recording constitutes a work specifically ordered by Word for use as a contribution to a collective work. Accordingly, you hereby further irrevocably acknowledge, certify and agree that Word is and shall be deemed the author and/or exclusive owner of all of the foregoing for all purposes and the exclusive, perpetual owner throughout the universe of all the exclusive rights of any kind comprised in the copyright thereof (expressly including the copyrights in and to the Recording including, without limitation, any and all renewal and extension rights in connection therewith, and of any and all other rights thereto) and that Word (and Word’s designees) shall have the exclusive irrevocable right to exploit any or all of the foregoing in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all configurations as Word determines, including, without limitation, on the album entitled "Church Will Sing" and/or otherwise. For the avoidance of doubt, it is specifically understood that Word (and Word’s designees) shall be irrevocably entitled to alter, edit, modify, remix and/or reproduce the Recording and to use the Recording, in whole or in part. You hereby irrevocably and unconditionally waive any and all moral and like rights that you have in the Recording including, without limitation, the performances embodied therein and you hereby agree not to make any claim against Word and/or Word’s designee(s) regarding the exploitation of the Recording based on such moral and/or like rights. To the extent that you may not be deemed the "author" of the Recording, you hereby transfer, convey and assign all rights, title and interests, including the copyright, in and to the Recording and any and all renewal and extension rights in connection therewith to Word. You will, upon Word’s signed written request to the Church, cause an individual from the Church authorized to enter into agreements on behalf of you (and selected by Word) to execute, acknowledge and deliver to Word such additional documents as Word may deem necessary to evidence and effectuate Word’s rights hereunder, and you hereby also grant to Word the right as your attorneyinfact to execute, acknowledge, deliver and record in the U.S. Copyright Office and/or elsewhere any and all such documents and such power of attorney being coupled with an interest and therefore irrevocable. You shall not earn any monies arising from the recording of and any and all exploitations of the Recording.You hereby irrevocably grant to Word and Word’s designees the right (but not the obligation) to use the name of the Church and information (including, without limitation, photos of the Church and/or you) concerning the Church (historical and/or otherwise) in connection with the Recording, records embodying the Recording and advertisements thereof throughout the universe in perpetuity.You hereby represent and warrant that (i) no person under the age of eighteen (18) performed on the Recording, (ii) all music, ideas, designs, inventions and all other material furnished by you in connection with the Recording are original with you throughout the universe and shall not infringe upon and/or violate any copyright of, and/or infringe upon and/or violate the right of privacy and/or any other right of, any person(s) and/or entity(ies), (iii) there are no unpaid bills and/or invoices (now and/or in the future) in connection with the services provided by you with respect to the Recording, (iv) you are free to grant all rights granted herein and make all agreements made by you in this agreement, (v) at the time you recorded the Recording no performer on the Recording was signed to an exclusive recording agreement and (vi) you hereby indemnify and hold Word and Word’s designees harmless from and against all damages, losses, costs and expenses (including attorneys’ fees and costs) which Word and/or any of Word’s designees may suffer or incur by reason of the breach of any of the representation, warranties, covenants and agreements made in this agreement.You hereby covenant and agree that you shall not have or be deemed to have any lien, charge and/or other encumbrance upon any of said rights conveyed to Word and Word’s designees in this agreement and/or proceeds derived therefrom, and that, as between Word and you, no act of or omission by Word and/or Word’s designee(s), nor any other act, omission and/or event of any kind, shall terminate and/or otherwise adversely affect Word’s ownership of the rights conveyed in this agreement.For the avoidance of doubt, (i) Word is not obligated to use the Recording (ii) the word "Recording" in this agreement also includes any and all photos of you and/or the Church that you provide to Word and/or that are taken by Word and/or Word’s designee(s), as well as any and all of your additions to the composition embodied in the Recording (and you hereby waive any and all such writing and publishing rights) and (iii) you and/or the individual accepting and agreeing to this agreement may not change and/or revoke the rights granted to Word and Word’s designees herein.