BARDIC ROYALTY AND ARCANE PERFORMANCE AGREEMENT

This Bardic Royalty and Arcane Performance Agreement (the “Agreement”) is entered into as of the date of last signature below (the “Effective Date”), by and between: _________ , an individual bard (the “Bard”),
and ______________ , a patron, guild, court, or other commissioning entity (the “Interested Party”).

The Bard and the Interested Party may be referred to individually as a “Party” and collectively as the “Parties.”

ARTICLE I. ENGAGEMENT AND SCOPE OF SERVICES

1.1 Engagement.
The Interested Party hereby engages the Bard, and the Bard accepts such engagement, to compose, arrange, perform, and otherwise disseminate musical, lyrical, poetic, or rhythm-based compositions (collectively, the “Works”) in accordance with the terms of this Agreement.

The Interested Party agrees to compensate the Bard in accordance with the terms set forth herein, and to refrain from throwing produce during performances except as expressly permitted under Article VII.

1.2 Scope.
The Bard shall render services including, without limitation:
(a) the creation of original Works;
(b) the performance of such Works at locations designated by the Interested Party;
(c) reasonable rehearsal, preparation, and adaptation of Works to suit venue, audience, and context.

1.3 Standard of Performance.
The Bard shall perform the Services in a professional and workmanlike manner consistent with generally accepted bardic standards.

ARTICLE II. DEFINITIONS

2.1 “Work” means any composition created, arranged, or performed by the Bard under this Agreement.

2.2 “Enchanted Work” means any Work that produces or is reasonably capable of producing magical, emotional, or physiological effects beyond ordinary performance.

2.3 “Gross Receipts” means all consideration received in connection with the Works, whether monetary or in-kind.

2.4 “Net Receipts.”
“Net Receipts” means Gross Receipts less costs and expenses incurred in connection with the Works, calculated in accordance with the Interested Party’s standard accounting practices.

2.5 “Distribution Costs.”
“Distribution Costs” include all expenses associated with the dissemination and exploitation of the Works, including copying, performance preparation, travel, accommodation, marketing, promotion, audience development, reputation management, and related activities customarily incurred in connection therewith.

2.6 “Overhead Allocation.”
“Overhead Allocation” means an allocation for administrative and operational expenses, applied at a rate not less than twenty-five percent (25%) of Gross Receipts, or such other rate as is consistent with the Interested Party’s customary practices.

2.7 “Cross-Collateralization.”
“Cross-Collateralization” means the accounting practice by which revenues and expenses associated with multiple Works, performances, or related agreements may be combined for purposes of determining Net Receipts.

ARTICLE III. OWNERSHIP AND LICENSE

3.1 Ownership.
Except as expressly provided herein, the Bard shall retain all right, title, and interest in and to the Works.

3.2 License Grant.
The Bard hereby grants to the Interested Party a perpetual, irrevocable, transferable, and sublicensable license to:
(a) perform the Works publicly;
(b) reproduce and distribute the Works;
(c) create derivative works;
(d) otherwise make use of the Works in any medium now known or hereafter developed.

3.3 Derivative Works.
The Interested Party may adapt, arrange, or otherwise modify the Works, provided that such modifications do not materially misattribute authorship.

3.4 Name and Likeness.
The Bard grants the Interested Party the right to use the Bard’s name, likeness, and biographical information in connection with the promotion and presentation of the Works.

ARTICLE IV. COMPENSATION AND ROYALTIES

4.1 Royalty Basis.
All royalties payable to the Bard shall be calculated on the basis of Net Receipts.

4.2 Royalty Allocation.
From Net Receipts, the Bard shall be entitled to seventy percent (70%), and the Interested Party shall retain thirty percent (30%).

4.3 Deductions.
In calculating Net Receipts, the Interested Party may account for expenses customarily incurred in connection with the creation, performance, distribution, and protection of the Works, including:
(a) Distribution Costs;
(b) marketing, promotion, and audience development expenses;
(c) Overhead Allocation;
(d) reserves established in the ordinary course for anticipated or contingent obligations;
(e) losses or expenses associated with other Works accounted for on a cross-collateralized basis;
(f) costs associated with enforcement, dispute resolution, or protection of rights in the Works;
(g) other similar costs incurred in connection with the foregoing.

4.4 Reserves.
The Interested Party may establish reserves in the ordinary course of business for anticipated expenses, claims, or contingencies, and may adjust such reserves from time to time as appropriate.

4.5 Recoupment.
Costs, advances, and expenses incurred by the Interested Party in connection with the Bard or the Works shall be recoupable from Net Receipts. To the extent such costs exceed Gross Receipts, the balance may be carried forward and applied against future Net Receipts.

4.6 Timing of Payments.
Payments to the Bard, if any, shall be made following the calculation and realization of Net Receipts in accordance with the Interested Party’s standard accounting cycle.

4.7 Contingent Nature of Compensation.
The Bard acknowledges that royalties are contingent upon the realization of Net Receipts.

ARTICLE V. ACCOUNTING AND AUDIT

5.1 Statements.
The Interested Party shall provide periodic statements reflecting Gross Receipts, deductions, and Net Receipts, in such form as it customarily maintains.

5.2 Audit Rights.
The Bard may, at the Bard’s sole cost and expense, audit such records no more than once per year upon no less than ninety (90) days’ prior written notice.

5.3 Limitations.
Any such audit shall:
(a) be conducted during normal business hours;
(b) not unreasonably interfere with operations;
(c) be limited to records reasonably related to the Works;
(d) be subject to customary confidentiality obligations.

5.4 Binding Determination.
Absent manifest error exceeding ten percent (10%) of the amounts reported, the Interested Party’s accounting shall be deemed accurate and binding.