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QUIT CLAIM REQUEST FORM
TERMS AND CONDITIONS:
This Request Form seeks permission from Rhino Entertainment Company ["Rhino"] to use, on a quit claim basis, sound recording(s) ["Recording(s)"] and/or album artwork cover(s) ["Artwork"] as herein described. You acknowledge and agree that submission of this Request Form, including the attached Quit Claim Form/Confirmation Of No Objection and the non-negotiable Standard Terms and Conditions [collectively, the "Confirmation Letter"], does not in itself grant any rights or permission to use the Recording(s) and/or Artwork, which shall be at Rhino's sole discretion. You ["Requester"] further acknowledge and agree that should Rhino confirm, at its sole discretion and on a quit claim basis, permission to use the Recording(s) and/or Artwork, the use shall be governed by the Confirmation Letter and include payment of any applicable fees as herein described.
REQUEST CRITERIA:
Requester's requirements for eligibility to complete and submit Confirmation Letter:
- A registered non-profit 501(c)(3) organization, and/or
- An organization promoting or engaging in cultural/charitable activities (e.g., dance ensemble, regional or local opera company, theatrical/performing arts group), and/or
- A person or entity utilizing the Recording(s) and/or Artwork solely for educational purposes and/or academic credit as part of a state licensed educational institution (e.g., a high school, university or college) and except as precluded below under Request Exclusions; and/or
- A film and/or television production company or affiliated entity (e.g., affiliated rights clearance company) requesting use of Artwork as set dressing or for incidental use in the film and/or television production.
REQUEST EXCLUSIONS:
The following requests will not be granted pursuant to this Confirmation Letter:
- Requests to use Artwork for commercial print purposes (e.g., book covers or jackets)
- Requests to use photographs of Artists (Please contact Rhino's Business & Legal Affairs Department)
If your request is for one of the following, please contact Rhino's Licensing Department:
- Requests to use Recording(s) in film and/or television productions
- Requests to use Recording(s) as part of or in conjunction with the sale of textbooks and educational materials
- Requests for audiovisual materials (e.g., videos, concert films)
Active Warner Music Group Recording Artists:
- Requests pertaining to Artists who are, at the time of the request, actively recording for any of the Warner Music Group labels (e.g., Warner Bros. Records - www.wbr.com, Elektra Records - www.elektra.com, Atlantic Records - www.atlanticrecords.com). Contact corresponding representatives at the Artists' current label.
Please submit Quit Claim Form and signed Standard Terms & Conditions below. Please note, such submittal does not automatically guarantee accepted use. A representative from Rhino will reach out to you for final confirmation. Incomplete submissions will not be considered.
QUIT CLAIM REQUEST FORM
*PLEASE NOTE: Subject to the non-negotiable Standard Terms and Conditions attached hereto, you are solely responsible for securing the approvals, consents and permissions of any and all persons or entities whose consent may be required in connection with your use of the Recording(s) and/or Artwork, including, without limitation, consents and permissions from the Artist and/or any designers, photographers, musicians, directors and you are likewise solely responsible, if applicable, for any and all payments that may be required to such persons (including any applicable unions) in connection with your use of the Recording(s) and/or Artwork.
QUIT CLAIM FORM/CONFIRMATION OF NO OBJECTION - STANDARD TERMS AND CONDITIONS
Please be advised that no unauthorized changes to the Standard Terms and Conditions will be accepted. Once you are in receipt of confirmation from Rhino Entertainment Company, it shall confirm that Rhino has no objection to your use of the Recording(s)/Artwork solely as set forth subject to the following: |
| (i) |
The Confirmation Letter shall be effective as of the Date of Initial Use or Exhibition and shall continue through the Term and within the Territory permitted herein. |
| (ii) |
Rhino makes no representations or warranties whatsoever regarding any underlying rights in connection with the Recording(s)/Artwork and Requester acknowledges that the rights granted by RHINO hereunder is not represented as owned or controlled by RHINO, and with the understanding that Requester is responsible for securing the approval of any and all persons or entities whose consent may be required in connection with Requester's use of the Recording(s) and/or Artwork hereunder, including, without limitation, Artists and any designers, photographers, directors, or other persons who may have made creative contributions thereto. Further, Requester agrees to indemnify RHINO against any and all third party claims that may arise from Requester's use of the Recording(s) and/or Artwork. |
| (iii) |
The foregoing permission is conditioned upon your indemnifying Rhino and holding us harmless from and against any claims, demands, liabilities, costs or expenses (including attorneys' fees) arising out of your use of the Recording(s)/Artwork. |
| (iv) |
You shall not commercially or promotionally exploit the Recording(s)/Artwork or material based upon, derived from or utilizing the Recording(s)/Artwork, in any manner or media other than that as permitted in the Confirmation Letter, and you will not permit, license or assist anyone else in doing the same. |
| (v) |
You shall not assign this confirmation to any person, firm or corporation. |
The following additional terms pertain to Sound Recording uses: |
| (i) |
You, and not Rhino, shall be solely responsible for any required consents or clearances in connection with your use of the Recording, including, without limitation, from Artist and the publishers of the composition underlying the Recording, and for all costs associated therewith. Your use of the Recording is expressly conditioned upon your agreement to the terms and conditions set forth in the immediately preceding sentence. |
| (ii) |
You will be responsible for obtaining public performance licenses from the applicable publishers (who are identified on the record sleeve or label and may be contacted via either BMI at (310) 659-9109 or ASCAP at (323)
883-1000) in connection with your use of the Recording as described herein. |
| (iii) |
You will be responsible for obtaining the approval of the American Federation of Musicians, American Federation of Television and Radio Artist and any other union having jurisdiction over your use of the Recording as described herein, and you will be responsible for making any union re-use payments that may be required in respect thereof. |
| (iv) |
If applicable, you will be responsible for clearing any samples that may be utilized in the Recording in connection with your use of the Recording as described herein. |
The following additional terms pertain to Album Artwork Cover uses: |
| (i) |
Artwork shall only be used in the context of the Project/Program as described in the Confirmation Letter and shall not be altered in any manner or used for any other purpose than that outlined above. RHINO hereby reserves all rights not expressly granted to Requester. |
| (ii) |
You shall not use the Artwork for any purpose other than that permitted herein without Rhino's express, prior written consent. |
| (iii) |
You shall not take any action in connection with your use of the Artwork described herein that brings public ridicule, contempt, censure or disparagement upon Rhino, the Artist and/or the Artwork. |
If the foregoing correctly reflects your understanding of the confirmation given by RHINO, please indicate your acknowledgement by
signing in the space provided below. |
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