This page shall construe the limits and conditions (Terms) for use of any voiceover, narration, recording, audio composition, live performance, image, video, layout, writing, or other creative work (Work) created, wholly or in part, by P.J. Stoppleworth (Producer) for use by an individual, corporation, partnership, association, governmental entity, or other group (Client). This page shall be the sole and binding terms and conditions unless Producer explicitly waives these terms in a fully executed contract between Producer and Client. By using or continuing to use Works by Producer, Client understands and accepts these terms, limits, and conditions. These terms and conditions may change without notice.
Except as provided for in these Terms, Producer reserves, holds, and retains any and all copyright, ownership, intellectual property rights for all Works. Client grants or causes to be granted a limited license for Producer to reproduce, modify, or incorporate intellectual property of Client or parties on whose behalf Client is seeking production of Work without fee, royalty, or other cost to Producer. Producer may reproduce, copy, distribute, modify, or display any Work – including any logos, scripting, trademarks, use marks, or other intellectual property of Client or parties represented by Client – for Producer's promotional purposes, including but not limited to demos and portfolios, without fee, royalty, or other cost and without notice to Client.
Client agrees to defend, indemnify, and hold Producer harmless from any action, cause, suit, tort, or claim raised in relation to Work. For Works performed by Producer on location (Live Works), Client shall obtain, maintain, or cause to be provided workers compensation insurance for all of Client's employees and comprehensive public liability insurance with no less than $2,500,000 (two million five hundred thousand dollars) per occurrence and $5,000,000 (five million dollars) in aggregate covering damages, actual and punitive, and injury to third parties. Producer shall be named as an additional insured party and Client shall provide Producer with certificates evidencing such coverage.
Producer's obligation to furnish Works or Live Works is subject to detention or prevention by accident, misadventure, illness, transportation issues, riots, strikes, epidemics, network inaccessibility, acts of God, and any act, order, or condition – similar or dissimilar – beyond the control of Producer. In the event of such act, order, or condition, Client shall defend, indemnify, and hold Producer harmless from any action, cause, suit, tort or claim raised in relation to Producer's inability to furnish Works.
Producer may cancel, forgo, or withdraw from participation in any Work at any time without penalty or obligation, excepting a return or refund of any received deposit, retainer, or pre-payment for Works not furnished.
Producer shall endeavor to avoid producing recorded Works for broadcast or promotional use in the same broadcast market, as defined by the most recent Arbitron Metro map, for more than one Client in the same market segment. However, Producer does not guarantee, offer, or furnish Client market exclusivity for use of Producer's works.
Works by Producer are furnished to Client with, to the best of Producer's knowledge, no further fees due Producer or any creators involved in creation of Works for use of the Works (subject to Usage License, below) for Client's stated purpose. Clients are responsible for any further licensing, taxes, or fees incurred in use of the Work.
Unless otherwise specified in a dually-executed written agreement, Client's use of Producer's Works is governed by this Usage License. Under the terms of this license, Client receives the limited, revocable, non-exclusive right to reproduce, broadcast, post, or modify Works furnished by Producer in specified media and markets for no longer than one (1) calendar year from the date a final Work is furnished to Client. Client may not use or cause to be used Producer's Works in other media, broadcast markets, or creative works, other than media, markets, and end-uses specified. Client may not incorporate, join, or associate Producer's Works with any political or religious organization, group, party, or cause. This license is limited to the Client alone; Client may not sell or offer for purchase, lease, loan, or no cost the ability or right to use Producer's Works to any other individual, group, business, or other entity. For the purposes of this license, Works created by Producer under the direction of a Client working on behalf of another individual, group, business, or other entity, such as an advertising agency or production company, rights and responsibilities granted under this license shall be jointly assigned to the Client and the individual, group, business, or other entity on whose behalf Client is working.
A Client may not use Producer's Works except as provided under the Usage License. Use of Producer's Works in any other way other than provided under the Usage License shall be a breach of the Usage License and subject to penalty as follows. For a breach of Usage License discovered and disclosed to Producer by Client, Client shall, immediately upon discovery, cease, desist, destroy, delete, or cause the same to all usage of the Work, including usage allowed under the Usage License. Client shall pay a fee for the additional usage of Producer's Works equal to 150% of Producer's current rates for secondary (or "lift") usage plus a license reinstatement fee commensurate with scope of Producer's Work but no less than two hundred dollars ($200). If a breach of license is discovered by Producer, Client shall be subject to the above penalties as well as all costs incurred by Producer to effect the ceasing and desisting of all use of Producer's work, including, but not limited to, legal fees, court costs, service fees, and Producer's time at his current open studio rate. Client agrees to defend, indemnify, and hold harmless Producer from any action, suit, tort, cause, or claim related to Producer's revocation of Usage License and actions take to effect revocation and cessation of usage.
If there is any dispute about or involving Producer's Works or services, Client agrees that the dispute shall be governed by the laws of the State of Iowa, USA, without regard to conflict of law provisions and Client agrees to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Iowa, City of Iowa City. Either Producer or Client may demand that any dispute involving Producer's Works or services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Iowa City, Iowa, USA. Usage of arbitration or the demand thereof shall not prevent Producer from seeking injunctive relief in a court of competent jurisdiction.
"Production piece" is a single, continuous audio composition less than 2 minutes in length. Longer compositions will be counted as multiple production pieces in 2 minute increments.
All packages listed require a 6 month commitment. Quotes for shorter or custom season packages available on request.
Mastering and file conversion offers limited to original audio compositions
This offer is not valid for the top 25 broadcast markets or any team in the NFL, NBA, NHL, or Major League Baseball. Offer limited to one (1) team and sport per subscription. Multiple team or sport clients (such as universities) are invited to request a free custom package quote.
Package subscription grants an exclusive, revocable license to broadcast, copy, play, or include compositions in other works during subscription duration. Producer reserves and retains copyright and intellectual property ownership of original works.
All broadcast outlets utilized by the team must be in the same broadcast market (Metro or TSA as defined by the most recent Arbitron Metro Map) as the team.
Primary nature of the production pieces must be subscriber team promotion or marketing. Package may not be used for the benefit of companies, organizations, or individuals other than in explicit conjunction with the subscribing team.
Subscriber is responsible for submitting all items for inclusion in composition. Producer may edit items for time constraints at his sole discretion.
Offer may be withdrawn without notice to maintain market exclusivity for subscribed teams.
Iowa City, Iowa
Over 25 years experience in voiceovers and live announcing. Specializing in narrations, commercials, & characters and live announcing award shows, benefits, corporate functions, and all sorts of sports events.