GENERAL TERMS AGREEMENT
THIS GENERAL TERMS AGREEMENT (“GTA”) is made today (Auto Date) by and between:
MURDA MEDIA LIMITED t/a GYMIX, having its principal place of business at; Plus10, 2a Drinan Street, Sullivan’s Quay, Cork City, Cork, Ireland, T12 CY28 (hereinafter referred to as “MURDA MEDIA”); and Full Name from Full Address (hereinafter collectively referred to as “GYM OWNER”) (Collectively the “Parties” and singularly as a “Party”).
- In consideration for the receipt of the Fee and the execution of the Agreement MURDA MEDIA herby grants to GYM OWNER the rights to utilize The Product per the terms of the Supplement attached hereto and incorporated herein by this reference.
- MURDA MEDIA will deliver the Product to GYM OWNER by any such means that MURDA MEDIA considers appropriate for the purposes of GYM OWNER using the Product at the Facility. At the sole discretion of MURDA MEDIA such means shall include, but shall not be not limited to, software, hardware or any combination thereof.
- The Product shall be of Good Industry Standard and the Parties hereby agree that the Product shall not be used in the Facility until the Delivery Date, on the condition that the requisite Fee has been paid.
- MURDA MEDIA will be responsible for the composition of the Product. Except for those rights as otherwise expressly granted to GYM OWNER herein, MURDA MEDIA shall retain all rights in and to original content created in connection with the Product including, but not limited to, any and all worldwide intellectual property rights.
2. TERM OF AGREEMENT
- This Agreement will commence upon the Delivery Date and continue until the Termination Date 12 Months after the Product arriving (the “Term”) unless terminated earlier as set forth in this Agreement. At MURDA MEDIA’s sole discretion and upon the agreement of the Parties, the Term may be extended on annual basis for extension periods as mutually agreed to in writing by the Parties.
- The GYM OWNER may cancel the Term before the Termination Date with 30-Days notice to MURDA MEDIA. Upon expiration of the Term GYM OWNER shall return any Equipment to MURDA MEDIA. In the event that a condition exists that prevents GYM OWNER from returning some or all of the Equipment to MURDA MEDIA, GYM OWNER shall pay to MURDA MEDIA an amount equal to the value of such Equipment, including, but not limited to, any and all worldwide intellectual property rights.
- The GYM OWNER shall pay to Murda Media all expenses associated with the creation of the Product in addition to any and all outstanding invoices relating to the use of the Product.
3. BROADCASTING RIGHTS
GYM OWNER hereby acknowledges and agrees that it shall, at its sole cost and expense, secure any MUSIC LICENSE required as applicable (and/or the applicable performing rights societies in the nations and territories where GYM OWNER uses or exploits the Product), as are necessary for the broadcast of the music and/or music contained in the Product.
All notices or requests under this Agreement will be in writing and will be deemed to have been adequately given when received by the Party to whom such notice or request is given.
Notices may be delivered by any means, including but not limited to, personally, by first class mail postage prepaid, by reputable courier, and by facsimile or e-mail transmission and will be addressed as follows:
If to MURDA MEDIA: Murda Media Limited t/a GYMIX®
2a Drinan Street, Sullivan’s Quay Cork City
Cork, Ireland. T12 CY28
Phone: +353 21 242 7035
The relationship of MURDA MEDIA and GYM OWNER under this Agreement is non-exclusive except as to any transaction contemplated in respect of the Product.
Both Parties reserve the right to enter into agreements with other parties for the provision of similar or identical services (not involving the Product) at any time during the Term of this Agreement.
Further, nothing herein will authorize either Party to hold itself out as acting for or on behalf of the other Party.
This Agreement does not create a partnership, joint venture or similar relationship between the parties, and no party shall have the power to obligate or bind the other party with respect to third parties in any manner whatsoever.
This SUPPLEMENT NO. 01 is made as of Todays Date by and between:
Full Name (“GYM OWNER”), and MURDA MEDIA LIMITED, T/A GYMIX (“MURDA MEDIA”). (Collectively the “Parties” and singularly as a “Party”)
“Termination Date” means Auto 12 months from todays date minus 1 day (364 days from now).
01. THE PRODUCT.
The product to be provided under the terms of the Agreement shall be as follows:
|Gymix Channels selected||Fee||Location|
|01. GYMIX Auto name of selected channel||€69||Main Gym Area|
|02. GYMIX Auto name of selected channel||€25||Secondary Area|
|03. GYMIX Auto name of selected channel||€25||Tertiary Area|
All content will be updated [weekly / monthly] or as otherwise agreed between the Parties.
02. THE FEE.
|Auto name of subscription selected
|New Client Setup||€299||Due today (Todays Date)|
|Monthly Fee – Gym||Auto insert fee from subscription||Debited on 20th of each month|
03. COMMERCIAL PRODUCTION.
|Auto name of selected channels||Fee||Location|
|01 x Audio||€50||Commercial / Announcement|
|03 Audio Pack||€95||Commercials / Announcements|
|03 Audio Pack||€149||Commercials / Announcements|