RENTAL TERMS AND CONDITIONS
Please Read Carefully
- Steve Murray, owner of Berkshire Music and copyright owner agrees to license the work(s) (the “Work(s)”) and rent performance material indicated on the Ordering Form (the “Material”) to the organization indicated on the Ordering Form (the “Licensee”).
- The Material will be rented for the fee(s) set forth on the Ordering Form provided the agreement be signed and returned to Berkshire Music.
- If radio broadcast rights are expressly granted on the Ordering Form, Berkshire Music herein grants the Licensee the right to broadcast over radio the Work in the United States and Canada on a one-time basis during the current season provided that each radio station broadcasting the Work holds a license from ASCAP.
- The Material is rented for live performances and, if applicable, radio broadcasts. The Material may not be used for any other purpose, including without limitation grand rights (staged of choreographed performances only), television broadcast, video and audio streaming, live and delayed broadcast over the internet, satellite radio, subscription radio, transcription of synchronization without the prior written agreement of Berkshire Music. The Licensee may create an audio and video recording of their performance for archival purposes only.
- The Licensee agrees that no arrangements, transcription, or scores will be made of the work rented. Photocopies of Materials may be created for the purpose of practice and performance in the event the requested numbers of copies are not available. All such copies must be destroyed or returned to Berkshire Music: following the performance. The licensee agrees that the Material will not be sold, loaned or given in whole or in part to any other party for any purpose whatsoever.
- In the event of cancellation of performance(s) after the Material has been shipped, a $50 service charge plus shipping charges will be due. Further, a rental fee will be due for each month or portion of a month that the Material is in circulation following the date fourteen (14) days after the final performance. Please note that notices of cancellation must be in writing and must be received not later than ten (10) days after the date of the scheduled performance to be accepted If notice is given after that date, the full rental charges will remain due and payable.
- All Materials must he returned to Berkshire Music via a shipping method that includes proof of delivery. Any Materials not returned via such a method that are lost or damaged in transit will automatically be charged to you at the full replacement value of the set.
- If prepayment is not required, full payment is due (by check) fourteen (14) days after the date of the last performance.
- No Materials will be shipped of reserved until a signed copy of this agreement is returned to Berkshire Music. Materials will be shipped to arrive six (6) weeks prior to the first date of performance unless otherwise agreed upon. Please note that Berkshire Music must receive this signed agreement no later than twenty-one (21) days prior to the scheduled shipping date to insure timely delivery.
- Licensee agrees to provide Berkshire Music with three (3) copies of the concert program for the performances) set forth on Rental Agreement. Programs are to be included with the Material when returned. No change in this agreement shall be valid without first procuring the written consent of Berkshire Music.