THIS AGREEMENT, and TERMS and CONDITIONS, by and between Kyle Prusky (hereinafter referred to as "Producer") and the artist and/or group, (hereinafter referred to as "Artist"). FOR, AND IN CONSIDERATION OF, the premises and the mutual covenants contained herein, Producer and Artist do hereby agree as follows:

1. Artist hereby engages the services of Producer to produce songs (hereinafter referred to as "Recordings"). Producer hereby agrees to produce said Recordings to the best of Producer's ability. The Recordings shall take place at the studio Apex Audio (unless otherwise agreed to by Producer and Artist) and the budget for the Recordings shall be the rate agreed upon between both parties to the Artist's reasonable satisfaction.

2. In consideration for Producer's services hereunder, Artist agrees to pay Producer the following:
(a) If Producer's services require additional production services, the additional sum of the agreed production rate in dollars per Recording will be charged
(b) If Producer's services require additional mixing services, the additional sum of the agreed mixing rate in dollars per Recording will be charged
(c) If Producer's services require additional mastering services, the additional sum of the agreed mastering rate in dollars per Recording will be charged
(d) Any recordings that the Artist wants to produce again will be an additional sum of the agreed production rate in dollars per Recording will be charged
(e) In addition to the fee set forth above, Producer shall also receive an amount equal to three percent (3%) of the Suggested Retail List Price (SRLP) of any Record in which the Masters are embodied on.
(f) If artist requires additional services that constitute the need for equipment to be re-rented it is up to the artist to pay the rental fee.
(g) A deposit equalling half (50%) of the agreed project rate will be paid before any recording, or mixing/mastering sessions can commence. This deposit is non-refundable.

3. The Recordings shall remain the property of Producer until all monies due Producer by Artist are received by Producer.

4. Artist and or Producer may at anytime terminate production of Recordings.

5. In the event Artist or Producer terminate production of Recordings, Artist must pay Producer all monies owed for any and all work performed by Producer in accordance with Paragraph 2 through of this agreement.

6. Producer and Artist acknowledge and agree that this agreement between them may not cover every situation and circumstance that may arise in the future concerning the Recordings. In such event, Producer and Artist agree to discuss and negotiate any such situation or circumstance in good faith, toward the goal of reaching a mutually satisfactory resolution thereof, consistent with the spirit and intent of this agreement.

7. Artist shall give Producer appropriate credit on all compact discs, online streams, labels. Credits shall read, where necessary, “Produced, Mixed, and Mastered by Kyle Prusky at Apex Audio”

9. By signing their signatures on the project agreement document, both the Artist and the Producer agree with all the terms and conditions written in this agreement.

10. DELIVERABLES (as necessary):    Artist will receive, for each track that is commissioned, a fully-produced and recorded song. For each mix that is commissioned, the artist is allowed to request up to five (5) mix revisions, and has fourteen (14) days to respond to any mix disputes.
For each master that is commissioned, the artist will choose between two (2) different masters (“A”, and “B”), and has fourteen (14) days to respond to any master disputes. Stems will be provided for any recording that is mixed and will include each major instrument group (i.e. Drums, Keys, Rhythm Guitars, Vocals, etc.)

11. Should the Artist contest or dispute a mix or master after the fourteen (14) day period the artist agrees to pay the agreed rates as described in Paragraph 2.

12. For any recordings that the Producer directly contributes to the writing of, the Producer shall receive the rights and ownership equalling 10% of the recording, flat rate.

13. Project and the agreement is considered resolved when the Artist receives and approves the final .wav master files