**By Purchasing a Work or Service, you are agreeing to these Terms and Conditions**
1. All arrangements, original compositions, and/or materials created by William Pitts or any other designer/clinician on behalf of William Pitts Music, Inc. (WPM) will be property of WPM and licensed to the purchasing organization(s) (Client).
2. All works for the Competitive Arts will be exclusive to the Client(s) for a period of one year and any derivative works become the property of WPM.
3. There are no limits to the amount of times a purchased work may be performed and the work may be kept in your library. However, by purchasing any new or pre-existing work for concert band, you are agreeing to notify me of ALL public performances at least one month prior to the scheduled performance. Prior notification does NOT need to be given for marching band performances.
4. Permission to record the work for commercial distribution requires additional written permission from WPM. Standard recordings for educational purposes at performances (including football games for marching bands) do not need permission, unless the recording will be distributed commercially.
5. Rental-Only Pieces are good for one academic year and may be performed multiple during that year at no additional cost. Parts must be returned at the end of the Academic Year. Scores purchased with a rental do not need to be returned.
6. An extension of the original license or permission to re-arrange involves a new contractual and financial agreement.
7. If any works not in public domain are to be used in a work for the Competitive Arts, the Client(s) must provide proof of rights to arrange. WPM exclusively uses the services of Copycat Music Licensing for copyright agreements, which incurs an additional fee ($350 for regular services, $475 for expedited services; charged by Copycat Licensing. There is no additional fee to WPM for this service). In the event a selection is not approved, the Client(s) may substitute another selection at no additional cost. In the event that ALL selections are denied, the Client(s) may choose to receive a refund of all but $75 of the original fee, with the remaining $275 (or $400) applied to the final project balance. In the event that works decided for a product are all in public domain, the entire $350 (or $475) copyright fee will be applied to the final project balance. If a Client would rather handle copyright claims, WPM must receive completed copyright agreements with proof of payment before writing will begin.
8. A non-refundable down payment will be required before work can begin on any project. Typically the down payment will be 25% of the total cost, along with the $350 (or $425) Copyright Fee for works in the Competitive Arts. If a Client chooses to handle copyright claims independently, the Copyright Fee will be applied to the final project balance. The final payment for all commissions will be due thirty (30) days after delivery of the piece, unless other mutual arrangements are made to accommodate the beginning of a new fiscal year. These agreements must be made in writing in the final Project Description. Rights to perform are only awarded upon receipt of full payment. Typical payment terms for Purchase Order or Check Order are Net30.
9. Should a client decide not to use WPM services after a contract and deposit have been submitted, final pricing will be determined based on the amount of work already completed. Client(s) will be charged for the portion of the total project cost (beyond the initial deposit) representative to the portion of time of the completed work. The only exception(s) to this clause will be failure to uphold contractual agreement by WPM.
10. After initial design meetings and contract agreement, final product deadlines for initial drafts will be determined by WPM and the Client. Should a product be delayed by WPM, Client(s) will receive a 5% discount per week of the initial total cost. Products delayed by changes in design within thirty (30) days of the final product deadline will receive no discount and both WPM and the Client will determine a new final deadline date.
11. Rewrites for newly commissioned works will be made without charge to correct design errors. WPM will send copies of each section/movement for approval before sending final editions and parts. No rewrites will be completed for previously composed concert works unless to correct design errors.
12. There are many situations that require rewrites and/or adjustments of newly commissioned works to fit the needs of the performing ensemble after the work has been delivered. Rewrites and/or adjustments will typically incur no fee unless they involve completely redoing an entire movement or lengthy segment of a work. Fees for rewrites will be determined on a case-by-case basis.
13. All completed works for the competitive arts will be distributed electronically and will include .pdf files of scores and parts and mp3 files of reference recordings. Hard copies of scores and parts will incur an additional $25 fee. All completed works for solo, chamber, or concert ensemble will be distributed in hard copy form and will include one (1) score and a full set of parts (one copy of each part).
14. For educational clinics, leadership training seminars, and/or conducting workshops that require the travel of a WPM Staff Member or contracted clinician, full payment must be received by the final day of the event.
