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2. Public performance rights in non-dramatic works are available through BMI or SOCAN (for Canada). If the Organization or the performance’s venue does not have a current performance license in place from the appropriate performing rights organization, the composer has the right to collect a performing right fee in addition to the Rental Fee due. PUBLIC PERFORMANCE WITHOUT A PERFORMANCE LICENSE IS AN INFRINGEMENT OF COPYRIGHT, even if rental fees have been paid.
3. No arrangements, transcription or alterations, amendments, transpositions, interpolations or deletions of the Materials or the underlying Work may be made without the composer’s express advance written permission.
4. An additional service fee of $150.00 (“Rush Fee”) shall be payable if the Organization requires shipment of the Materials within ten (10) business days of the Organization’s submission of the signed rental contract.
5. Cancellation Policy: If performances are cancelled after the Materials have been shipped, the shipping charges shall be non-refundable. The Organization will receive a full refund of the Rental Fee, less a $25.00 cancellation fee. If the Materials from a cancelled performance are received by the composer after the first previously scheduled performance date, no refund will be due.
6. Charges for shipment from the composer’s library are non-refundable, are invoiced at the time of shipment, and are assessed in addition to rental fees. Shipping charges do not include any applicable Rush Fee, as set forth in Para. 4 above. The Organization is responsible for the safe return to the composer’s library of all the Materials appropriately packed, insured at value stated, and shipped prepaid, using a method requiring signature by the composer upon receipt, immediately following the last performance date. The Organization agrees to pay any additional charges incurred in the event Materials are returned to any address other than that set forth below:
Neal Figueroa
720 W 25th St.
Pueblo, CO 81003
7. Copying or reproduction of the Materials in whole or in part without the composer’s express advance written permission is illegal.
8. The Materials are and at all times shall remain the composer’s property. The Materials may not be permanently retained, sold, loaned or otherwise distributed, pledged, or transferred to any other party by any means for any purpose whatsoever without the prior express written permission from the composer.
9. The Organization shall be liable for the replacement of all lost, defaced, damaged or destroyed parts of the Materials, regardless of cause, according to the packing slip prepared by the composer unless exception is taken within five (5) business days of receipt. If the Organization does not contact the composer within that time, the Organization shall have thereby indicated that the Materials have been received by the Organization in acceptable condition. All markings must be made in No. 2 lead pencil only. All markings other than a single set of string bowings, and/or harp pedal markings must be removed prior to return. A charge will be made for any missing or defaced material at full replacement cost.
10. The Organization will remit payment for all fees due under this Agreement no later than thirty (30) days from the date of the invoice, regardless of when performances are to occur. The Organization agrees to pay any and all fees and costs associated with collecting the balance due on the Organization’s account if the Organization fails to make payment when required hereunder.
11. The Organization agrees to provide the composer or their representative(s) with two (2) orchestra seats for each performance of the Work, if requested by the composer. The Organization shall provide the composer with three (3) copies of the program.
12. All rights not specifically granted to the Organization hereunder are expressly reserved for use by the composer.
