BETWEEN:                     THE SINGING SAFETY MAN (the “Owner”), a corporation organized and existing under the laws of the State of New Mexico, with its head office located at:

                                      1907 Sentry Circle

                                      Carlsbad, NM 88220

AND:                              MULTI-USAGE LICENSE PURCHASER (the “Licensee”)

WHEREAS, the Owner is the holder of the copyright to certain musical compositions identified herein and Licensee wishes to make available the musical compositions of Owner for usage within the Licensee Company/Business.

RECITALS

A.    Owner represents and warrants to the Licensee that it is the sole and exclusive owner of certain musical compositions which are described in Exhibit “A” attached hereto and made a part hereof (hereinafter referred to as the “Compositions”).

B.    Owner represents and warrants that it has registered and obtained registration certificate from the United States Copyright Office with respect to the Compositions and that the registration numbers applicable to such Compositions are as set forth in Exhibit “A.”

C.    Licensee wishes to obtain a license to use the Compositions in connection with its Business/Company and Owner wishes to grant Licensee such a license subject to the terms and conditions set forth in this Agreement.

D.    Owner represents and warrants that it has full and unrestricted power and authority to enter into this Agreement and to grant Licensee the license to use the Compositions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties, and for other good and valuable consideration, each intending to be legally bound hereby, do promise and agree as follows:

1.     GRANT OF LICENSE

1.1          Owner hereby grants to the Licensee, the non-exclusive right and license to use the Compositions, or any portion of the Compositions, as the Licensee shall see fit, in connection with the Licensee’s Business/Company.

1.2          The license granted hereunder shall be a non-exclusive, worldwide, royalty free (subject only to the one time licensing fee set forth herein) right to use the Compositions, subject to the terms and conditions set forth herein.

1.3          The term of this license shall be perpetual, unless terminated pursuant to the terms hereof.

1.4          The license granted herein shall be limited to the right to use the Compositions for the Business/Company usage of the Licensee. Licensee shall have no right to offer the Compositions for sale or otherwise distribute, publish, grant any sub-licenses, sell, rent, convey, offer for download or otherwise exploit the Compositions. Licensee shall not be permitted to create any derivative works based upon the Compositions.

1.5          Licensee shall be permitted to use portions, and not the entire Compositions, in connection with its Business/Company without violating any rights of the Owner hereunder. The License granted herein includes the right to synchronize and use the Compositions within the Licensee’s Business/Company and to include the Compositions in connection with presentations and any other use the Licensee sees fit.

1.6          It is acknowledged and agrees by the Owner that users who access the Compositions will be permitted to hear the Compositions and that such access by users shall be permitted pursuant to the terms hereof. It is further acknowledged by the Owner that the Licensee cannot prevent users from violating the copyrights and other proprietary rights of the Owner and that Licensee is not responsible for the infringing acts of users. Owner holds Licensee harmless from and against any acts of the users that may infringe upon the rights of the Owner, including but not limited to actions based upon contributory infringements or any theory based upon the Licensee providing users with the means and facilities through which copyright or other proprietary rights infringement may take place.

1.7          The License granted herein includes the right to adapt the Compositions to an appropriate file format including WAV files, Mp3 format, or any other format which will permit access to the Compositions.

1.8          Owner hereby grants to the Licensee the right to use the name of the Owner and the composer and artists involved in the Compositions in connection with its business. Owner represents and warrants that it has the full right and permission to grant such licenses and permissions from all such individuals.

2.     COMPENSATION FOR LICENSE

2.1          In consideration of the license granted herein, Licensee agrees to pay an annual license fee to the Owner in an amount equal to $199.99 (“License Fee”).

2.2          Such License Fee shall be due and payable in full immediately following the execution of this Agreement. The right to use the Compositions pursuant to this Agreement shall not commence until such License Fee is paid in full.

3.     TERM OF LICENSE

3.1          This License Agreement shall be effective upon execution by both parties; provided however, that the Licensee’s right to use the Compositions shall not commence until the License Fee as set forth above is paid in full.

3.2          The license granted hereunder to use the Compositions within the scope and terms set forth herein shall be perpetual, but may be terminated by the Owner upon a breach hereof by the Licensee.

3.3          Owner shall have the right to terminate this Agreement and the license granted herein upon written notice to the Licensee upon the occurrence of the following events:

A.            Licensee makes any use of the Compositions beyond the scope of the license granted herein.

B.            Licensee files a petitions in bankruptcy or an involuntary bankruptcy petition is filed against Licensee, Licensee is adjudicated to be insolvent, Licensee makes an assignment for the benefit of creditors, Licensee discontinues its business, or if a receiver is appointed over Licensee’s business and is not discharged within 100 days following appointment.

C.            Licensee assigns or attempts to assign this License Agreement in violations of the terms hereof.

D.            Licensee engages in any activity which infringes upon any trademark, copyright, patent, or other proprietary right of the Owner.

3.4          Upon any termination of this Agreement, Licensee shall cease and desist from all use of the Compositions and shall immediately remove the Compositions.

4.     REPRESENTATIONS AND WARRANTIES

Owner makes the following representations and warranties to the Licensee, which representations and warranties shall apply during the term of this Agreement and shall continue to apply following the terminations of this Agreement. Owner shall indemnify and hold the Licensee harmless from and against matters that arise relating to the representations and warranties of the Owner made herein.

4.1          Licensor (the Owner) is the sole and exclusive owner of the Compositions and the copyrights and other proprietary rights contained therein.

4.2          The Compositions do not infringe upon or violate the copyrights, trademarks, patents, or other proprietary rights of any other party.

4.3          Owner has the unrestricted right and power to enter into this Agreement and to license the Compositions to the Licensee as provided herein.

4.4          There are no other agreements, court orders or the provision of any law or administrative rule that interfere with the Owner’s right to license the Compositions hereunder.

4.5          Owner has obtained all necessary consents, permissions, licenses and other documents from recording companies, composers, musicians, musician unions or other labor unions, copyright owners and others with any interest in the Composition or who performed on the Compositions, at Owner’s sole cost and expense and will indemnify and hold Licensee harmless from and against any and all claims, suits, threats, demands, actions and causes of action brought directly or indirectly by any of these parties.

5.     COPYRIGHT NOTICES/RETAINED RIGHTS

5.1          Licensee shall make users aware of copyright relative to the Compositions and credits to the songwriter and artists performing in the Compositions. Such copyright notice shall be made available to users.

5.2          Owner shall retain the copyright to the Compositions and all right, title and interest in and to the Compositions, including the right to publish, distribute, publicly perform, modify, enhance, change and improve, and all other exclusive rights of the copyright owner, except only for the right of license granted to Licensee hereunder.

5.3          Licensee hereby agrees to and acknowledges the rights retained by the Owner hereunder and acknowledges that the Owner shall retain all exclusive rights of the owner and holder of a copyright. Licensee agrees that it shall not challenge or dispute any of Owner’s exclusive rights or right, title and interest in and to the Compositions or the copyrights thereof.

5.4          Owner shall have the sole right to pursue any party that infringes upon the Owner’s Copyright or other proprietary rights in and to the Compositions and shall shoulder all expenses of prosecuting such infringement actions against third parties.

6.     RESPONSIBILITY FOR USAGE

Licensee shall be solely responsible for the content usage and for assuring compliance of such with applicable laws. Licensee shall hold Owner harmless from and against any and all claims related to the content of the Licensee’s usage.

7.     MISCELLANEOUS PROVISIONS

7.1  Notices      Any notification or written communication required by or contemplated under the terms of this Agreement shall be in writing and shall deemed to be delivered if transmitted via Email at the Email addresses listed below, except for any notice of termination of this Agreement which shall be in writing and sent by Certified Mail, Return Receipt Requested and shall be deemed to have been delivered 10 business days after the date of mailing. Email addresses for such notices shall be:

If To Owner: info@thesingingsafetyman.com  

7.2    No Assignment      Neither this Agreement nor any right, interest, duty or obligation hereunder may be assigned by the parties hereto.  

7.3    Governing law      In interpreting the terms of this Agreement, the parties agree that the laws of the State of New Mexico shall be applicable. All suits permitted to be brought in any court shall be in the State of New Mexico. 

7.4    Entire agreement      This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and supercedes and replaces all prior discussions, agreements, proposals, understandings, whether orally or in writing, between the parties related to the subject matter of this Agreement. This Agreement may be changed, modified or amended only in a written agreement that is duly executed by authorized representatives of the parties. If any provisions hereof is deemed to be illegal or unenforceable by a court of competent jurisdiction, the enforceability of effectiveness of the remainder of the Agreement shall not be effected and this Agreement shall be enforceable without reference to the unenforceable provision. No party’s waiver of any breach or accommodation to the other party shall be deemed to be a waiver of any subsequent breach.

As we release new material, holders of the License will be able to obtain it free of charge via the website. We expect new material to be ready in the coming months.

If you have already purchased The Singing Safety Man CD’s or DVD then half of the work is done. Simply click add to cart below, agree to the terms and conditions of the license, and you can make the music and video accessible to your employees.

If you have not purchased The Singing Safety Man CD’s or DVD you may do so via this website. Music is downloadable.  However, due to the size of the video files, they are not yet available for download and will have to be shipped

Please contact us if you have any questions.

 199.99 – Per Year

Through purchase of this license you are agreeing to the Terms & Conditions  outlined in the link below.

http://www.thesingingsafetyman.com/policies/music-license-agreement/

Hire expert safety consulting contact The Singing Safety Man to improve safety compliance and performance within your company.  We have Certified Safety Professionals eager to help you with any of your safety needs.  Our Safety Consultants will be delighted to provide safety consulting at your training programs to improve compliance and performance issues and/or any other safety issues facing your organization. You will find our staff ready and willing to assist on a timely basis.

Phone today…or inquire through our Contact Us page.
We’ll respond quickly and surprise you with the competitiveness of our pricing!

1-832-385-8582

Please use the link(s) below to download your items:

1.  Full Name
2.  The date of purchase.
3.  Reason for Replacement Request.

You will then be contacted via email as soon as your replacement has been processed.

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In order to use this web site or certain parts of it, you may be required to register for a user account on this web site; in this case, you agree to provide truthful information when requested, and — if a minimum age is required for eligibility for a user account — you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site’s Terms of use, including any amendments made by the site editor that are published herein.

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Registration data and other personally identifiable information that the site may collect is subject to the terms of the site editor’s Privacy policy.

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You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify the site editor of any unauthorized use of your user account, user name or password.

6. Your conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this web site may expose you to content that may be objectionable or offensive. The site editor will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

By using this web site or any service provided, you explicitly agree that:

(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

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7. Third-party services
Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The site editor will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

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You agree to indemnify and hold harmless the site editor and the site editor’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

9. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND THE SITE EDITOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE SITE EDITOR MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE SITE EDITOR WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SITE EDITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

12. Reservation of rights
The site editor reserves all of the site editor’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site editor may have in respect of this web site, its content, and goods and services that may be provided. The use of the site editor’s rights. and property requires the site editor’s prior written consent. By making services available to you, the site editor is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without the site editor’s prior written consent.

13. Notification of copyright infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the site editor\’s copyright agent may be contacted via:

jerry@thesingingsafetyman.com

14. Applicable law
You agree that these Terms of use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with local laws applicable at the site editor’s domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this web site, or by using this web site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over the site editor’s domicile, and that any disputes will be heard by the said courts.

15. Miscellaneous information
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1-832-385-8582

“The Singing Safety Mans approach has increased retention and participation at our morning tool box meetings. We have used this music on several projects and have very pleased with the results.”
Steve Aaser / The Newtron Group, Inc / Baton Rouge, LA

“I received the order yesterday. I absolutely love what you have done with the songs and Safety. Although my division is not construction I can still use the songs to start various training sessions and I know my employees will love it.”
Jacqueline L. Couillard, MS, OSHT / EMCOR / Arlington, VA

Are you tired of the same old safety meetings? Have your safety meetings become dry and boring? Liven up your next safety session by headlining with The Singing Safety Man, Jerry Cockrum. Jerry delights in performing at construction and workplace sites.
Our company uses a totally new approach to safety entertainment. We integrate humor into safety awareness programs…exciting sessions that will capture your audience’s attention and keep them focused. We specialize in tailoring safety songs and messages that clearly convey our clients’ objectives. Our safety songs and presentations deliver measurable success in raising employee awareness and improved workplace safety.

Custom Designed Safety Meetings Presentations & Singing Safety Man Songs

The Singing Safety Man can custom design your next safety presentation. Or, he can create some impactful new tunes tailored to your needs. We believe our entertaining approach to safety will (a.) increase your employee’s hazard recognition; (b.) increase their participation in your safety programs; and (c.) enhance overall safety performance within your company.

The Singing Safety Man has performed for many clients over the years including:
•    Chevron Refining, Richmond, CA
•    Chevron Refining, Port Arthur, TX
•    Honeywell, Cheyenne, WY
•    Honeywell, Jal, NM
•    Honeywell, Richmond, CA
•    Kellogg, Brown & Root, Houston, TX
•    Mosaic Potash, Carlsbad, NM
•    The Newtron Group, Nederland, TX
•    The Newtron Group, Richmond, CA
•    The Newtron Group, Port Arthur, TX
•    Shell Refining, Deer Park, TX
•    Triad Electric & Controls, Deer Park, TX
•    Valero Refining, Lima, Ohio
•    Valero Refining, Pasadena, TX
•    The Shaw Group, Houston, TX

Invite the Singing Safety Man to make an appearance at all YOUR safety meeting. Let’s explore the possibilities.  Please call or send us an email today. For booking Singing Safety Man appearances, or for more information, please phone Don Caldwell Studios at (806) 747-7047. Thank you.