The Session Musician Agreement is essential for professional music production and recording projects in New Zealand. This document is used when engaging professional musicians for specific recording sessions, live performances, or other musical services on a contract basis. It protects both the hiring party and the musician by clearly defining the scope of work, payment terms, intellectual property rights, and professional expectations. The agreement ensures compliance with New Zealand legislation, including the Copyright Act 1994, Performers' Rights Protection Act 1994, and relevant commercial law. It's particularly important for maintaining professional standards in the music industry while providing clear guidelines for rights, obligations, and compensation.
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1. Parties: Identifies and provides full details of the contracting parties - the hiring party (studio/producer/artist) and the session musician
2. Background: Establishes the context of the agreement, including the nature of the musical services required
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Engagement and Services: Details the specific musical services to be provided, including instrument(s), style, and expected contribution
5. Term and Booking: Specifies the duration of the agreement and how individual sessions are to be booked and confirmed
6. Payment Terms: Sets out the fee structure, payment timing, and any additional costs or expenses
7. Intellectual Property Rights: Addresses ownership and licensing of performances, recordings, and any creative contributions
8. Performance Standards: Establishes the expected quality and professional standards for the musician's work
9. Cancellation and Rescheduling: Outlines policies and procedures for cancelling or rescheduling sessions
10. Confidentiality: Requires the musician to maintain confidentiality about the projects and sessions
11. Independent Contractor Status: Clarifies that the musician is an independent contractor, not an employee
12. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement
1. Equipment Provisions: Required when the musician needs to provide specific equipment or instruments
2. International Travel: Included when the engagement involves international travel or performances
3. Union Requirements: Necessary when the musician is a union member or the project falls under union jurisdiction
4. Recording Location Requirements: Added when specific studio or location requirements need to be detailed
5. Marketing and Publicity: Included when the musician's name or likeness may be used in promotion
6. Health and Safety Protocols: Required when specific health and safety measures need to be outlined, particularly relevant post-COVID
7. Multiple Session Commitment: Added when engaging the musician for a series of sessions or ongoing work
1. Schedule A - Fee Schedule: Detailed breakdown of payment rates, including hourly/daily rates, overtime, and additional fees
2. Schedule B - Session Details: Specific information about the recording project, including dates, times, and location
3. Schedule C - Technical Requirements: List of required equipment, instruments, or technical specifications
4. Schedule D - Project Timeline: Overview of the project schedule and key delivery dates
5. Appendix 1 - Performance Specification: Detailed description of the musical parts to be performed
6. Appendix 2 - Credit Requirements: Specifications for how the musician will be credited in recordings and materials
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