Terms and Conditions

Upon purchase, you, on behalf of the group for which you are applying, agree to abide by all terms stated herein.

PURPOSE

This Agreement shall govern the terms between you and Gauntlet Marching Design for musical productions for band or ensemble use pursuant to the terms below (the “Arrangement(s)”). If you choose a composition by a writer affiliated with Gauntlet Marching Design, this agreement shall also address the licensing of such composition(s) (the “Composition(s)”).

MUSIC COMPOSITION

Regarding original compositions (and arrangements of music in the Public Domain), Gauntlet Marching Design hereby grants the nonexclusive right to perform and duplicate music Composition(s)/Arrangement(s) with the following Copyright notice(s), depending on the composition(s) licensed: By Kennith Watts Jr (ASCAP). © Gauntlet Marching Design (ASCAP). All Rights Reserved, or: By James Canty (ASCAP). © Gauntlet Marching Design (ASCAP). All Rights Reserved.

PRE-EXISTING MUSIC PROTECTED BY COPYRIGHT

Permission to arrange and all licensing requirements (including payment of applicable fees) must be secured and satisfied with the copyright holder and/or administrator prior to the delivery of an Arrangement of non-Public Domain music that is protected by a valid copyright notice. Rights to perform, record, stream and duplicate the Arrangements are at the discretion of the copyright holder and/or administrator. It is your responsibility to determine if a composition is in the Public Domain. Gauntlet Marching Design shall not be liable for your failure to obtain a license for copyrighted material.

FORMAT

Gauntlet Marching Design will provide one (1) previously performed (as-is) music composition and/or Arrangement for Winds only, Winds and Pit Percussion, or Winds and Full Ensemble Percussion (subject to the composition/arrangement title being leased) for one competitive season occurring within a 12-month period beginning on the date of delivery. File delivery includes Full Ensemble, Winds only, and Percussion only scores in PDF format, individual parts in PDF format, MIDI mockup recordings in digital format, and sound effects in digital format (if applicable).

Copies are not to be distributed (except to students and staff of the group associated with the lease). You agree not to sell, loan or lease copies of the Arrangement to anyone. The copyright notice(s) printed on the bottom of each page must be included on all copies produced for the group associated with the lease. Such rights shall be exercised only in: USA (the “Territory”).

COMPOSER/ARRANGER CREDIT

The group shall accord to Gauntlet Marching Design credit as the arrangers/composers of the music (specific to the production title). For example, Music composed by Kennith Watts, Jr., (ASCAP); or Music arranged by Kennith Watts, Jr., (ASCAP).

MODIFICATIONS/ALTERATIONS

Permission is granted to Director and designated staff to make minor modifications to the score so long as the fundamental melody, harmony and rhythmic intent remains intact. However, Gauntlet Marching Design must be advised of any and all requests to substantially revise, modify and/or enhance the music composition/arrangement. Making substantial revisions or modifications without permission is a violation of the lease, and may also be a violation of your license with the copyright holder in the composition. Gauntlet Marching Design is not obligated to approve any substantial revisions or modifications to the score.

FINANCIAL RESPONSIBILITY

You accept all financial responsibility in the event a publisher and/or copyright holder or administrator of music protected by a valid copyright successfully declares a violation of licensing terms or failure to license. This financial responsibility includes any and all legal fees, fines, and penalties associated with the settlement of such violation. In the event that Gauntlet Marching Design is made a party to any legal proceeding or demand based on your failure to license or violation of your license terms, you shall indemnify Gauntlet Marching Design for any costs incurred, including but not limited to legal fees and penalties.

MECHANICAL LICENSE

Permission to create, duplicate, distribute, loan, rent, or sell recording(s) in any format is granted for your private use on a gratis basis if the music is an original Composition(s) or an Arrangement of music in the public domain.

All circuits, organizations, video companies, live streaming services, and those wishing to supply audio and/or video downloads must contact Gauntlet Marching Design to obtain permission if they wish to produce audio recordings of any kind.

If the music includes an Arrangement of non-Public Domain music, all copyright requirements for a Mechanical License as indicated by the original copyright holder or administrator must be secured and adhered to for each Arrangement.

SYNCHRONIZATION LICENSE

If the music includes an arrangement of non-Public Domain music, all copyright requirements for a Synchronization License as indicated by the original copyright holder or administrator must be secured and adhered to for each Arrangement.

Notwithstanding the foregoing, if the music is an original Composition or an Arrangement of music in the public domain, permission is hereby granted to stream audiovisual recordings of performances of such Compositions or Arrangements via your own website or via your account on a third-party video site (i.e. YouTube). You agree to provide credit as indicated above on any posted streaming videos.

ADDITIONAL LICENSES

It is the sole responsibility of the GROUP ASSOCIATED WITH THE LEASE to obtain ALL NECESSARY copyright clearances, performance and other rights and licenses FROM THE RESPECTIVE COPYRIGHT HOLDERS for each piece of ANY preexisting music that is not in the public domain.

CLIENT LIST

The group associated with the lease grants Gauntlet Marching Design permission to identify the group by name as a client on the Gauntlet Marching Design website and in any other marketing materials.

NO AGENCY

The parties hereto are independent contractors and this Agreement shall not be construed as creating any joint venture, partnership or other like relationship.

TERM LIMIT

The group associated with the lease may only use the Composition(s)/Arrangement(s) for one (1) competitive season within twelve months from the date of delivery of the music composition/arrangement. If you wish to use it beyond this time, additional permission is required via Gauntlet Marching Design and/or any copyright holders of preexisting music.

ENTIRE CONTRACT

This Agreement represents the entire agreement between parties superseding all prior contracts, written or verbal, and any prior course of dealing. No modifications, amendments, or changes to this Agreement shall be valid and binding unless made in and signed by both Parties.

APPLICABLE LAW

These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of California. You agree that any legal action regarding this Agreement shall be filed only in the state or federal courts located in Los Angeles County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

AUTHORITY

By clicking I Agree, you are declaring to have the authority to enter into this agreement on behalf of the group associated with the lease. This Agreement shall be binding as to the group regardless of your future affiliation with the group indicated on the order form.

PAYMENT

You agree to pay all invoices for the lease, no later than 30 days after music is delivered unless otherwise discussed. Past due invoices are subject to a $50 late fee. Past due accounts subject to 3% service charge per month.