360RA WORKSHOP TERMS AND CONDITIONS

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1. The 360RA workshops (the Workshops) are organised and provided by Ark360 Limited (we, us) to promote 360 Reality Audio (360RA) and will take place at Ark360 Limited’s HQ at The Crypt, 145F Crouch Hill, Crouch End, London N8 9QH. Applications for the Workshops must be made on the form provided on the website https://protect-eu.mimecast.com/s/91ekC5731hZ9qOmiOxhu9?domain=ark360.co.uk. You can apply to attend the Workshops in person or remotely, and by applying you agree to be bound by these Terms and Conditions (the Terms). We have the right to accept or refuse applications in our sole discretion. If you are a successful applicant you will be notified by email.

 

2. The Workshops are scheduled for 14th to 18th November 2022. If you are a successful applicant you must attend the Workshop all day on 14th November and be available every day between 15th and 18th November, during which you will be required to attend classes on two of these days. We will provide the following to all participants who attend all three Workshop days in person (Participants):

• A pair of award-winning, premium Sony WH-1000XM4 headphones to keep.

• An introduction day with masterclass and an exclusive expert panel involving special guest artists Auntie Flo, Cktrl, Maria Chiara Argirò and Wu-Lu, and industry experts.

• 8 hours of small-class lessons in producing tracks in 360RA given by ARK360 engineers.

• A six-month licence to use Virtual Sonic's state-of-the-art immersive audio mixing plugin The 360 WalkMix Creator.

• The chance to have three original tracks released in 360RA immersive audio format on a landmark immersive audio compilation album alongside Auntie Flo, Wu-Lu & Maria Chiara Argirò.

• Promotion of your profile by the Workshops’ marketing team, who will dedicate budget to boosting your artist Instagram.

• 1-to-1 remote support with top engineers while working on your tracks for release.

 

3. While Remote Participants retain the possibility to release tracks on the compilation, and will receive support from Ark360 Limited, they will not receive the Sony headphones, nor promotion of their artist Instagram. Remote Participants will have exclusive access to introduction day video material, a video tutorial equivalent to the small-class lessons, a six-month WalkMix Creator licence and the chance to have (a) track(s) released on the album referred to above. Remote Participants will receive online group feedback sessions in lieu of 1-to-1 remote support.

 

4. We plan to release an album of 360RA recordings made by Participants in February 2023 (the Album). To secure a chance of having your 360RA recordings on the Album you must, if participating in-person, attend all three required Workshop days (14th November, and two days from 15th to 18th November) and, if participating online, complete the online masterclasses and tutorials. We may include up to three of your 360RA recordings on the Album.  We have no obligation to release the Album or to include any of your recordings on the Album if released. You will retain the copyright in the recordings you submit to us (and the underlying musical compositions) subject to the rights you grant to us below.

 

5. As a Participant you grant to us the following rights:

the right to capture videos and photographs during the Workshops which may include you, and to use and to permit others to use such videos and photographs for the purposes of marketing and promoting 360RA and Ark360 Limited and training users of 360RA;

the right for the period of three years from the date of release of the Album to include up to three 360RA recordings made by you on the Album and to release such Album digitally worldwide on the basis that such rights shall be exclusive to us for a period of 12 months from first release of the Album;

the right to include and release the musical compositions underlying the 360RA recordings on the Album on a gratis basis, provided that if a third party music publisher owns or exclusively controls such musical compositions you warrant that such compositions shall be available for licence by us and our licensees on standard industry terms; and

the right to use your name and likeness in the packaging of the Album and in the advertising and marketing of the Album.

 

6. As a condition of participation in the Workshops and potential inclusion of your 360RA recordings on the Album you agree:

for in-person participants, to attend the Workshops for the full day scheduled for 14 November and to be available during each of the three days between 15th to 18th November and to attend classes on two of those days, and for online participants, to complete the equivalent online masterclass and tutorials;

to complete a feedback form which will be supplied to you at the end of the Workshop days;

to deliver to us three fully mixed and edited recordings made using 360RA (including both a stereo and a 360RA mix of each) by 5 January 2023 (the Recordings);

to meet yourself all costs and expenses involved in recording, mixing and delivering to us the Recordings (except the costs of using the 360RA software which is licensed to you on a gratis basis for six months as described above); and

to comply with these Terms.

 

7. You further agree that the Recordings will be original recordings or original musical compositions all created solely by you, will contain no samples of any kind, and that no third party will have any interest of any kind or will be due any payment of any kind in respect of any such Recordings or musical compositions.

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8. We agree to pay to you 50% of our net receipts from any streaming of your Recordings, where net receipts means our gross receipts less any cost of digitisation required by any platform, any music publishing fees, VAT and any credit card charges.

 

9. We have the right at any time and for any reason to cancel some or all of the Workshops and you agree that you will have no claim against us on any basis in respect of any such cancellation.

 

10. You agree that neither we nor Virtual Sonics nor any other party has any liability you of any kind in respect of your participation in the Workshops and/or the Album save for liability that cannot be excluded by law.  

 

11. You agree that you shall keep confidential the intended release of the Album and your participation in the Album (if any) and all other details about the Album until such time as we first announce the release of the Album to the public (which is currently planned to be on a date in January 2023).

 

12. As a Participant you agree not at any time whether before, during or at any time after the Workshops to make any disparaging, derogatory or defamatory remarks about Ark360 Limited, Virtual Sonics or 360RA.

 

13. You agree that we have to right to sub-license the Album rights granted hereunder to third party platforms and distributors and that some or all of our obligations regarding the Album may be fulfilled by such third parties.

 

14. These Terms contain the entire agreement between you and us regarding the Workshops and the Album and no variation of these Terms shall be valid unless signed in writing by us.