Center X Music and Custom Drill Agreement

Information and Agreement for the

2016 Marching Band Season
Phone: 1-800-356-4381
www.centerxproductions.com

945 Benjamin Franklin Drive, Unit #4, Sarasota, FL 34236

 Center X Music and Custom Drill Agreement
For

_________________________________________________ ______________________________________________
(School Name) (Show Title)

Director’s Drill Due Date____________________________________ (Center X representative will confirm date with director)
Band Camp Date_____________________________________________

Director Information:
First Name _______________________________________ Last Name ______________________________________
School Address ___________________________________________________________________________________
City/State/Zip ____________________________________________________________________________________
School Phone ____________________________________ School Fax ______________________________________
School Email _______________________________________________

Home Address ___________________________________________________________________________________

City/State/Zip ____________________________________________________________________________________
Home Phone ____________________________________ Mobile Phone ____________________________________
Home Email ________________________________________________
Summer contact preference: _____School _____Home

2nd Contact Person to Director (in case we cannot reach you):

Name _____________________________ Relationship ____________________________
Contact Number _____________________________

IMPORTANT: E-Mail Drill to (choose one): E-Mail Music to (choose one):

_____School Email _____Home, as listed above
_____Home Email _____School, as listed above

School/Company _________________________________________________________________________________
Attention ________________________________________________________________________________________
Address _________________________________________________________________________________________
City/State/Zip ____________________________________________________________________________________
Phone________________________________

Pages 2-7 are due as soon as possible to secure and process your order

2
 ***** PERFORMANCE SITE AGREEMENT *****
The following states the responsibilities between Center X Productions (Center X) and the School Band Program
Director (Director) _________________________ (please print first and last name) of
___________________________ School for the marching season commencing _________________ 2016 and
ending December 31, 2016 inclusive. If the marching season performance schedule extends past December 31, 2016
please contact Center X to extend the contract date as needed.

In order for the exclusive use of the Performance Sites to be controlled, Center X and Director shall be bound
together in a cooperative endeavor during the term of this Agreement. Each party agrees to accomplish the
following important tasks to assure the exclusive use of the Performance Site(s) and success of the school band
program. To assure this, Center X requires the submission by Director of their Performance Sites before Center X
can release the use of its music/drill product materials for the contract period.

Center X agrees to the following:

1. Center X will permit the use of its materials based on the Performance Site(s) submitted by the
Director and agreed to and confirmed by Center X. Under NO circumstances will any of the
material be used beyond the contract period herein. Contract period herein is defined as the period
________________ 2016 through December 31, 2016 inclusive. If the marching season performance
schedule extends past December 31, 2016 please contact Center X to extend the contract date as
needed.

2. Center X will work with Director regarding any requested Performance Site(s) changes but Center X
does NOT assure that such changes can be allowed and Center X cannot guarantee such requested
changes. All requested changes will depend on the location and time availability at each given
Performance Site. PLEASE NOTE: ALL CHANGES MUST BE IN WRITING.

3. Center X, if for some unforeseen circumstance, has not been able to protect said school at all
Performance Sites listed and requested from said school, Center X will submit School Corporation
and/or Booster Organization with a refund to be determined by Center X at the time of error and sent
back to the organization in which the funds originally were sent. This does NOT apply if the
Director of said school has not received previous approval from Center X to attend a particular
performance location that was not originally approved by Center X.

Director agrees to the following (Please initial each item to indicate your acknowledgment):
______1. Director shall provide, in writing, Center X with the exact location of each Performance Site at
which they will be performing, including contest name, site location, city, state and date(s). This will
enable Center X to track each Performance Site per program to assure the exclusive use by Director
of that location.

_____ 2. Director agrees to provide Center X with any and all changes in writing so that Center X can inform
the director if the changes are available and can be made

_____ 3. Director is aware that all Center X materials are monitored on a first come, first serve basis. Center
X reserves the right to sell any and all materials as defined herein to others for Performance Site(s)
not specifically reserved herein by Director.

Pages 2-7 are due as soon as possible to secure and process your order

3
 ***** PERFORMANCE SITE AGREEMENT *****
(Continued)

_____ 4. Director agrees to Performance Site schedules and will not make any changes without written
approval to Center X.

_____ 5. If this Agreement is breached in any manner by Director, Director and School are personally liable to
Center X for any money that is due to Center X as well as for money received by Director/School
from any and all sources that have used any materials of this contract without the written permission
of Center X.

_____ 6. Director agrees that all materials including music, drill, choreography, instructional material,
software, etc., shall not be copied, sold, given, or loaned to any other program, band director(s)
or person(s) for any reason without the written consent of Center X, there being no exceptions.
In addition, the use of displaying any show performance, the Center X animation or use of audio
recording on any personal or school/band website or email program is strictly prohibited without the
prior permission of Center X Productions and a copyright agreement document is released by Center
X Productions to said school program. All materials are covered under strict United States
Copyright Laws and remain the property of Center X at all times.

_____ 7. In the event the Director leaves the school location or position, this Agreement shall be binding on
the Director, Director’s Successor(s), all signatory parties to this contract, their Transferees, Agents
and Assigns.

_____ 8 . Director agrees that any future use of this field show Music, Drill Design, and/or Choreography
beyond the agreed performance year is strictly prohibited without the renewal of this agreement and
the consent of Center X Productions. (Please note: There will be additional charges for future use of
this product. If the music ordered is from another publisher, additional restrictions will apply and
may not be applicable to the renewal process of Center X)

_____ 9. Director acknowledges they have lawful authority to execute this agreement and agrees to the terms
and conditions stated within this agreement.

_____ 10. This written Agreement incorporates the entire understanding between the parties, there being no
other agreements, verbal or written.

______11. To adhere to copyright laws and proper company and composer identification, Director agrees to
submit the following program information to all contest site entry forms:
Music Published by: Center X Productions, Inc. Composed by___________________________.
This must be used for all program books and program announcements when participating in
the contests of choice. Please note: The title of the show or music purchased can be changed without
any clearance from Center X Productions; however, the above information must still be submitted as
requested to the contest site.

Pages 2-7 are due as soon as possible to secure and process your order

4
 Performance Sites
PLEASE DUPLICATE AS NEEDED
Date
Name of Site Site Location City State
(mm/dd/yy)

The following signatures formalize this entire agreement between Center X and the Director at the stated
educational facility. Signatures acknowledge agreement with the terms and conditions stated herein.

Executed in duplicate and dated this _____day of _______________ 2016.

_________________________________________________________________________ Date _____________________________________________________

Band Director Signature (Required)

_____________________________________________________________________________
Band Director (Print Name)

_________________________________________________________________________ Date _____________________________________________________

Principal Signature (Required)

_____________________________________________________________________________
Principal Signature (Print Name)

Accepted By: _________________________________________________________

Randy T. Gilmore, Owner/CEO/President

PLEASE NOTE: By signing this agreement, the Director agrees to provide Center X with accurate
contest/competition sites.

Pages 2-7 are due as soon as possible to secure and process your order

5
 Agreement Responsibilities
The following information highlights the responsibilities between Center X Productions (Center X) and the Band
Program (“Director”). From this information, we can begin to build an artistic, educational, and personal relationship.

In order for the drill to be successfully created, Center X and the Director are bound together in a cooperative endeavor.
Each agrees to accomplish the following important tasks within the established Design Schedule. Early planning will
allow for an earlier Target Date. Center X will do all we can to get your materials to you as quickly as possible. In return,
we require the submission of your information as early as possible.

Center X Productions will agree to do the following:

1. Center X will deliver music arrangements, drill design, and any show options within a mutually agreeable
completion schedule.
2. Center X will present the design materials in a professional manner, legible, accurate and charted on the
Pyware Java 3D software program. The Director will receive the following:
- Music Compositions and Drill Design
- Coordinate Sheets
- Animation video
- Pyware Java 3D Drill File – Please choose one: ___v.5 ___v.6 ___v.7 ___v.8 ___Not needed
- Pyware 3D Viewer App File: ___Yes, I would like this ___Not needed
- Any other items are at an additional cost
3. Center X will adhere to the integrity of the guidelines/instructions as much as possible making appropriate
adjustments according to the Director’s specifications.

The Director agrees to do the following (Please initial each item to indicate your acknowledgement):

_____ 1. The Director will provide an accurate count of the band’s instrumentation ASAP but NO LATER than May
30, 2016 (NO Extension to this date will be allowed without the approval of Center X. Failure to meet this
deadline will result in losing your Scheduled Completion Date.).

_____ 2. If there is a change in instrumentation, the Director will notify tom@msconcepts.com

before the show is in production. If the show is already in progress, changes cannot be made
until after August 15, 2016, along with the additional re-write fee (See page 7).

_____ 3. The Director will properly implement and adhere to this agreement’s financing and paymentschedule.

_____ 4. The Director agrees to the Site Agreement portion of the contract (see pages 3-5).

_____ 5. The Director agrees to provide the specified pages of the agreement with the $1000.00 deposit or payment in
full to process order and ship the music.

______ 6. The Director acknowledges and agrees to the terms and conditions stated within this agreement.

______ 7. The Director agrees that once product has been shipped from Center X they are no longer able to return the
product. Exchanges may be processed under certain circumstances. If a return is required (due to
unexpected reasons which will be investigated for approval) Center X will determine the restocking fee.
Neither the deposits nor the shipping and handling charges will be refunded for the order.

Pages 2-7 are due as soon as possible to secure and process your order

6
 Re-Writes
The Director agrees to do the following (Please initial each item to indicate your acknowledgement):

_____ 1. If there is a problem due to an error by Center X, the correction will be made at NO CHARGE and will be
corrected at the earliest possible time within the production schedule. A new Animation Video will be
created at no additional charge.

_____ 2. Re-writes will only be accepted after August 15, 2016.

_____ 3. If there is a problem due to an error by the DIRECTOR, there will be a $20 re-write fee per page of
corrections, due upon completion of the said corrections. If a new Animation Video is needed, there will be
a charge of $50.00 for the creation of the new Animation Video.

This is the pricing structure for the Custom Drill Agreement.

Prices reflect sending electronic files only, additional costs will occur if hard copy is requested.
If a situation is different than those listed, call our office for a price quote (1-800-356-4381).

2016 Pricing Chart

Performers 1-30 Pages 31-45 Pages 46-60 Pages 61-80 Pages
Less than 50 $2,100 $2,600 $3,000 $3,500
51-75 $2,400 $2,900 $3,300 $3,800
76-100 $2,700 $3,200 $3,600 $4,100
101-125 $3,000 $3,500 $3,900 $4,400
126-150 $3,300 $3,800 $4,300 $4,700
151-175 $3,600 $4,200 $4,600 $5,200
176-200 $3,900 $4,600 $5,000 $5,500
201-250 $4,200 $5,000 $5,400 $5,800

****** Dates to Remember ******

Pages 2-7 and Pages 12-13 (along with deposit or payment in full)
are due as soon as possible to secure and process your order
Note: We cannot place you into the production schedule until all of
this completed information is received by Center X Productions.

Pages 8-11 and the Pit and Prop Placement Chart are due no later than May 30, 2016
Note: The completion of your show depends on these pages
being completed and sent to Center X Productions by the due date.

Pages 2-7 are due as soon as possible to secure and process your order
E-Mail to randy@msconcepts.com