Disclaimers
1) ® Capitol Management Group and their corresponding web sites,
®capitolmanagement.com,
®robertmetzgar.com, and
®entertainmentheadlinenews.com
are not affiliated in any way whatsoever with Capitol Records, Capitol Nashville, EMI-Capitol Nashville, Liberty Records, EMI-Publishing Group or any related trademark or entity associated with such record labels.
2) Capitol Management Group is not affiliated in any way with Garth Brooks, GB Management, or any other Capitol Records act whatsoever, not in the past, present or future. This company ("capitolmanagement.com") is completely and totally held separate and apart from any EMI affiliate, Capitol Records affiliate or Capitol Records related entity or trademark.
3) At no time, has anyone ever associated with Capitol Management Group or capitolmanagement.com ever claimed any association with the above label or artists and at no time has anyone from our staff ever associated either of the two businesses.
4) At no time has anyone associated with Capitol Management ever claimed to perform anything but the services rendered by the company in conjunction with the publicly posted services that are available at capitolmanagement.com and in writing by contract. There are no "implied" promises or statements that are made to anyone that are not contained within the written contracts signed by the parties.
5) No one in our office will ever or has ever in the past, made the statement that we can guarantee superstardom for anyone. There are absolutely no guarantees whatsoever in the music business. Even if an artist signs with a major label, there is no guarantee that the artist will become successful even at a major label. Major label acts are dropped all the time and no such claim or promise will ever be made by anyone associated with Capitol Management Group. We do what we agree to do within the boundaries of the contracts that we sign.
6) Many regulations exist in the music business. There are AFM regulations,
SAG/AFTRA regulations,
ASCAP/BMI/SESAC regulations,
and Federal and State laws that govern the music business. It is the policy of this business that all deposits against sessions or contracts are non-refundable deposits period. There are absolutely no exceptions to this whatsoever for any reason whatsoever.
7) Finally, there are many things that a management company simply cannot do for an artist. Without the artist's cooperation and assistance, no manager, management company or producer could ever make progress with their clients. The last thing that we want to do is babysit another artist through their post recording depression experience if they don't become a superstar in a month. If you are looking for this company to "make" you a star, then please do us all a favor and look somewhere else.
Page 2
(a) Both the producers, management firm, record company and record company personnel will do their very best in behalf of the artist, to promote and assist the artist in any way possible during the terms of this agreement. It is the desire of this company to present itself at the outset as a company which makes no attempts to guarantee anything except for the services it is bound to render in behalf of the artist through this contract. All of the pricing and various portions of this contract are within the boundaries and guidelines set for the players, background vocalists, and companies who do ethical & legitimate production on music row. In short all fees are within "reasonable" guidelines of local music industry standards in Nashville, Tennessee.
(b) It is the goal of both the management company and record label to make a profit along with the artist so that each of the entities can continue to pursue their music goals and accomplish more together than the individuals could ever accomplish by themselves. The artist needs guidance and a record label, the record label needs artists on their roster to further their goals, and the producers need compositions to produce in the studio with the players to fulfill their goals, and together the partnership of the entities involved is stronger than if each one of the parties tried to accomplish these goals alone.
(8) The cost of the following is posted publicly on our web site, disclosed on all of our written contracts and can be obtained by getting cost sheets from the American Federation of Musicians and SAG/AFTRA Nashville.
(a) Demo scale work is done at a reduced rate, however, the product cannot be released for airplay or retail sales at any time.
(b) Limited Pressing Scale work is done at a higher rate, however, after sales of 10,000 units in either cassette or compact disc form, the players will be compensated master scale for their work on such projects.
(c) Master Scale work is done at a considerable higher rate in Nashville, however, this work product may be released for airplay, retail sales, and without restrictions except those contained within the AFM regulations and handbooks for signatory companies in the music business. It is the artist's sole responsibility to read this disclaimer and to ask the producer any questions regarding such disclaimers, statements or contracts and how these disclaimers or statements may affect the future use of the recording that the artist obtains.
(9) The cost involved in completion of a basic Cut4/Finish two project is $5,974.38 dollars US. The cost involved in completion of a Cut 4/Finish 4 project is $8,989.14 dollars US. The cost involved in completion of a basic album project is $35,994.22 dollars US and prices are subject to change at anytime, rates are subject to change at anytime, and producers are allowed to negotiate such rates as may apply during certain market conditions at studios, seasons of the year, etc.
These rates are all "limited pressing" rates that apply to contracted session work. Higher rates will apply always if the project is cut at master scale, if the project includes such extras as horns, strings, voices, and other additional cost features. All prices and completed work is contained within the contracts that are signed by the company with the artist in advance of the sessions performed. No promotional promises, record releases or other intangible promises are ever made to any artist at any time. Read your contract for any questions.
|
Statements
Artist & Producer Covenants
“hold harmless agreement”
Artist, artist’s music company representatives, artist’s management, artist’s agents, and family and future management, agents, or family representatives of the artist’s music company warrant; if the producers and management company that the artist has signed a development contract with, arrange to sign the artist to a major label within the terms of the agreement, and for 12 months thereafter (option must be exercised in writing) through their efforts, that the artist shall permit producer and the co-producer on the contract to have the following rights included in the contract that the artist signs with a major label:
a. Producer and co-producer shall be entitled to their statutory producer royalty payments of 2% of the total amount of money that a major label spends on the production of the album, and the company’s management firm shall be entitled to 2% of the total gross revenue from the artist’s sales, corporate sponsorships, products sold, and any/all receipts related to their signing with a major label for as long as the artist is signed to any major label including major independent labels or major labels that might sign the artist in sequence after the first label.
b. Such payments shall be paid to the producers and their management firm by the major label, or major independent label to which the artist is signed. None of these payments would be paid by the artist directly to the parties within the terms of this agreement, but any/all payments would be the direct responsibility of the major label to which the artist has made an agreement in writing and for the term of that agreement or any subsequent major label offerings that were made after the first label offering or agreement was entered into.
c. Producers shall also have the right of first “pitch” to artist for his album at the major label. Should there be a choice between a song that the label likes and a song that the artist likes from the producer’s publishing company, then the major label would be obligated to include on the artist’s album at least one song from the producer’s publishing company if the artist so desires to cut that composition. This right would only involve one cut per album and one single release and video release per year and would require the artist's final approval.
Page 2
Carefully Read This Section!
d. Realizing that the music business is a “high risk” investment for any artist, artist and producer agree and warrant that the artist is not in any way placing his family’s financial security in jeopardy; that artist is not in any manner mortgaging his home, car, or business to obtain the money to record, and has not nor will he/she put anyone in his immediate family in any type of financial hardship to pay for this presentation tape or recording opportunity.
Artist also covenants that he/she is not basing his decision to record on any intangible or fraudulent promises, dreams, or incentives given him by the producers, company, or management firm. It is the reality of the music business that the artist is taking a chance at recording and may or may not ever be signed to a major label in the future. This risk is understood up front and placed within the text of this agreement between the parties so that everyone concerned realizes that the producers, management firm and record company have nothing but the purest ethics in mind and everyone who enters into this contract is taking a risk and putting up something towards the goal of obtaining a major label contract for the artist.
Artist agrees and warrants to hold the producers, record company, and management company “completely & totally harmless” from lawsuits, litigation of any kind whatsoever, that might proceed from any misunderstandings spelled out or not spelled out in this agreement. If such a disagreement happens, then both the artist and the producers have agreed in this contract as mature adults to seek binding arbitration for their differences outside the bounds of a lawsuit and before a group of people within the music community who understand the legal aspects of each and every facet of this document.
The artist understands and warrants that no one can guarantee “superstardom” in the music industry and the reality of the future is that only a small percentage of the acts signed to the major labels, go on to become priority roster acts and achieve superstardom. This recording contract embodies no more or no less than the contract implies, in that this production contract gives the artist a “ presentation tape” of songs & compositions or “tools” to use in achieving the goals he has set for himself in the music business.
All work done by this company or any of its affiliate companies is done through the AFM with a contract. We absolutely do not do "scab session" work off the card at our business. Yes, you probably can get it done cheaper somewhere else. However, you get what you pay for in the music business. All players and representatives of this company sign a yellow card and complete disclosure is available at all times to anyone who checks their contracts at the local union.
For further inquiries, call toll free 800-767-4984.
|