Scope of Work Policy
Understanding the Scope of Work in a Music Production Agreement
When entering into a music production agreement, the Scope of Work (SOW) is a key document that defines the framework of the entire project. It outlines the tasks, deliverables, pricing, and expectations, ensuring both parties are aligned on what the project will entail. This policy applies to all artists we work with at Red Velvet Studios and songs produced by Joseph S. Brooks. By signing the agreement, the artist/client agrees to the outlined terms and policies, which are legally binding and comply with laws related to freelance and independent contract work.
1. Clear Outline of Tasks, Deliverables, and Objectives
The Scope of Work provides a detailed outline of all tasks, deliverables, and objectives for the project. It sets clear expectations regarding the number of songs to be produced, the specific tasks involved, and the overall goals of the project. This document serves as a roadmap for both the producer and client, eliminating ambiguity and ensuring that both parties understand what is expected from the start.
2. Pricing, Royalty Splits, Backend Credit, and Number of Songs
One of the core components of the Scope of Work is pricing and royalty splits. The agreed-upon costs for producing the music are clearly stated, as well as how any royalties from the music’s success will be divided between the parties. The number of songs to be produced is also defined, ensuring no misunderstandings regarding the project’s scale and scope.
Royalty Agreement: For all productions, the music producer always receives a percentage of royalties on the Master recording. Additionally, if the producer makes contributions to songwriting, they will also receive a percentage of publishing royalties. Red Velvet Studios and Joseph S. Brooks do not engage in deals where the music producer receives no royalties, and we are not interested in such deals. This ensures fair compensation for the work and creativity that the producer contributes to the project.
In addition to the production fees, the cost structure includes backend credit for the producer, ensuring that they are properly credited in any media or distribution related to the production. This credit is crucial for professional recognition and ensures that the producer's contributions are acknowledged across all platforms, from streaming services to music videos.
Once we set a price for the project, we expect the terms to be final. We do not wish to haggle or renegotiate the price repeatedly after the agreement has been made. This helps avoid unnecessary delays and ensures that both parties have a clear understanding of the financial commitment upfront.
3. Commitment from Both Sides
Once the Scope of Work is agreed upon, both the producer and the artist make a mutual commitment to uphold the terms of the agreement. The artist commits to making themselves available for sessions, as required, while the producer commits to delivering high-quality work in line with the agreed scope. This mutual commitment ensures both parties are fully dedicated to achieving the desired outcomes.
4. Fixed Scope of Work
Once established, the Scope of Work is fixed. This means that no changes can be made to the number of songs or the core deliverables midway through the project. If the agreement specifies 10 songs, that number will remain the same, even if the format changes (e.g., from an album to singles or EPs). Any new songs or services that fall outside the scope will require a separate agreement and a new pricing structure. This ensures there are no unexpected changes or added costs.
5. Artist’s Commitment
In the same way that the producer is committed to their role, the artist must also fulfill their responsibilities. This includes making themselves available for sessions and ensuring that progress is maintained. The artist’s participation and commitment are vital to the success of the project. The Scope of Work also makes clear that the artist is responsible for meeting their obligations, ensuring the production moves forward smoothly.
6. Setting Expectations
All expectations—pricing, the number of songs, and deliverables—are set when the production agreement is signed. If the artist wants to increase the number of songs or request additional services, a new agreement will need to be drawn up. Any extra services will be invoiced separately. This ensures that both parties are clear about what is included in the original agreement and what requires further negotiation or payment.
7. Setting the Start Date and Payment
The Scope of Work sets a start date for production, which ensures both parties are clear about when the project will begin. Additionally, it clearly defines when the invoice is due and ensures that payment is made promptly to move forward with the production. The expectation is for clients to pay any invoice within 3 days of it being sent. Alternatively, the client should send payment on their own within 3 days of signing the production agreement. This payment due date ensures the project proceeds promptly. Artists should be aware that production cannot begin until payment is made, ensuring that both parties are equally invested in the project from the outset.
8. Reviewing and Signing the Production Agreement
Once we send over the Production Agreement, we expect the client to review and sign the agreement within 5 days. If any revisions or adjustments are necessary, they should be communicated and made during this time. We are open to up to 2 revisions of the production agreement within 3 days of sending it to the client. After this point, we will not continue to renegotiate or make additional changes. The production agreement process should not be drawn out or overly negotiated. If the agreement takes longer than 5 days to be finalized, Red Velvet Studios reserves the right to halt the project and potentially discontinue working with the client. Timely signing and agreement ensure that both parties are committed and ready to move forward without delays.
9. No Refunds on Deposits
Once the work has started, deposits are non-refundable. If the artist decides to abandon the project midway, the deposit is forfeited to compensate the producer for time and resources already spent. This policy is in place to protect both parties and prevent financial loss due to unexpected cancellations or changes.
10. Additional Services or Songs
Should the artist wish to add more songs or request additional services beyond the initial Scope of Work, these will be billed separately. The addition of any new songs or services requires a new agreement or an amendment to the existing agreement. This helps ensure that both parties are clear about any new costs or changes to the project.
11. Breach of Agreement
A breach of the Scope of Work agreement can result in serious consequences. If the agreement is breached, Red Velvet Studios and Joseph S. Brooks have the right to cancel the project completely and retain whatever funds have been paid up to that point. Some examples of breaches include:
- Requesting a refund or reduction in services after the project has already begun.
- Attempting to renegotiate the price or scope of work after the agreement has been signed.
- Failing to provide required materials (e.g., lyrics, reference tracks, or session files) on time, causing delays.
- Unauthorized use of the production, such as reselling or distributing without credit or licensing.
- Creative differences or irreconcilable differences that may result in the cancellation of the production.
In cases where the artist decides to abandon the project at their discretion, they are free to do so, but the deposit remains non-refundable after the 14-day period following the start of production.
Please note that work and time already contributed to any project cannot be undone, and once the work has begun, the initial deposit is non-refundable.
12. Freelance and Independent Contractor Laws
This Scope of Work is crafted in accordance with laws governing freelance and independent contractor work. As independent contractors, both the producer and the artist are responsible for their own taxes and legal obligations. The artist/client acknowledges and agrees to the terms and policies set forth in the Scope of Work, ensuring the project is conducted in a professional and legal manner.
13. Conclusion
The Scope of Work in a music production agreement is an essential tool for ensuring that both the producer and the artist are aligned from the very start of the project. It provides clear guidelines on what will be produced, the number of songs, pricing, and payment timelines. Once the Scope of Work is agreed upon and the deposit is paid, the project moves forward smoothly, with both parties committing to the agreed terms.
By signing the agreement, both the producer and the artist understand that the Scope of Work is fixed for the duration of the project, and any changes or additions will require separate agreements. This ensures that the project runs smoothly, with no surprises along the way.
Both parties must also recognize that these agreements adhere to freelance and independent contractor laws, with the artist/client agreeing to all terms, policies, and legal obligations stated in the Scope of Work.