Commercial Audio Production Agreement
Commercial Audio Production
Client Agreement & Project Terms
This agreement establishes the general terms governing Commercial Audio Production Services. Specific project details are established through the applicable Statement of Work.
This Commercial Audio Production Agreement is between 4th Vision Studios LLC and the Client identified in the applicable Statement of Work.
The Agreement explains the general production relationship, responsibilities, ownership, delivery, payment, revisions, and other terms associated with the services.
The applicable Statement of Work controls the specific details of each project.
Project Overview
01Services
4th Vision provides professional commercial audio production and related creative services.
Services may include original music, sound design, Foley, editing, mixing, mastering, voiceover integration, audio restoration, commercial production, broadcast preparation, stems, and other agreed production services.
The standard Commercial Audio Production investment is $1,250 for one primary production, subject to the applicable Statement of Work.
02Statement of Work
Each project is governed by a written Statement of Work covering applicable services, creative direction, materials, deliverables, versions, timeline, investment, payment schedule, revisions, third-party requirements, and special terms.
If this Agreement and the SOW conflict regarding project-specific matters, the SOW controls those matters.
03Project Scope
The standard service covers one primary commercial/audio production and one primary creative direction.
Additional commercials, cutdowns, alternate versions, additional concepts, materially expanded Foley or sound design, substantial revisions, or other expanded requirements may require additional fees.
04Client Materials
Client may provide video, rough cuts, storyboards, scripts, voiceover, brand guidelines, reference audio/video, or other project materials.
Client represents that it has the necessary rights and permissions to provide those materials. 4th Vision is not responsible for claims arising from Client-provided materials.
05Voiceover
Voiceover may be supplied by Client, produced by 4th Vision, coordinated through voice talent, or otherwise handled as stated in the SOW.
Unless specifically included, voice talent, studio, usage, union, licensing, buyout, or other third-party costs may be billed separately.
06Music, Foley, Sound Design & Third-Party Materials
4th Vision may create original music, Foley, sound design, and other original audio elements.
Licensed, stock, library, commissioned, or other third-party materials may also be used where appropriate. Such materials remain subject to their applicable licenses and restrictions.
07Creative Direction
The project includes one primary creative direction. Client may provide references, goals, examples, mood references, brand guidelines, and other direction before production begins.
A substantially different creative direction after production begins may constitute additional scope.
08Revisions
The standard project includes two (2) revision rounds.
Additional revision rounds are available at $450 per additional round.
Changes requiring a substantially new production, new creative direction, or replacement of previously approved work may constitute additional scope.
09Production Timeline
Normal production is approximately 2–4 weeks after required materials, approvals, payment, and project information are received.
Client delays, late feedback, missing materials, delayed approvals, scope changes, or third-party delays may extend the schedule.
Rush production may be available separately, subject to availability and written approval.
10Investment & Payment
The standard Commercial Audio Production investment is $1,250 unless the SOW establishes a different investment.
50% deposit is required to begin production. The remaining 50% is due before final delivery.
Additional services, scope changes, third-party costs, rush services, and additional revisions may be invoiced separately.
11Non-Refundable Production Payments
Payments become non-refundable once substantive production has begun.
Substantive production may include composition, recording, Foley, sound design, editing, mixing, mastering, voiceover coordination, production preparation, or other substantial creative/technical work.
12Final Deliverables
Depending on the SOW, final deliverables may include WAV, MP3, broadcast-ready masters, music-only versions, SFX-only versions, and specifically included stems.
DAW sessions, project files, templates, presets, routing configurations, reusable systems, and other underlying production materials are not automatically included.
13Ownership of Final Deliverables
After full payment, Client receives ownership of final original deliverables specifically identified as Client-owned in the applicable SOW, subject to third-party rights and restrictions.
Until full payment is received, applicable ownership and usage rights remain with 4th Vision to the extent permitted by law.
14Underlying Production Assets & Know-How
Transfer of final Client deliverables does not transfer 4th Vision's DAW sessions, templates, presets, workflows, reusable techniques, unused concepts, drafts, internal project files, pre-existing intellectual property, or general production know-how.
15Third-Party Rights
Client's rights to third-party materials are limited by the applicable license or agreement. 4th Vision does not transfer ownership of third-party materials it does not own.
16Portfolio & Promotional Use
Unless otherwise stated in the SOW, 4th Vision may display and reference completed work for portfolio, website, social media, case studies, awards, sales presentations, and promotional purposes.
Client may request confidentiality or portfolio restrictions in writing.
17Agency & Production-Company Services
4th Vision may work with agencies, production companies, marketing firms, brands, studios, and other creative organizations.
Agency and production-company services are not automatically governed by the $1,250 standard investment. They may be separately quoted and governed by a separate SOW, NDA, subcontractor agreement, or other written terms.
18Client Responsibilities
Client agrees to provide accurate information, required materials, timely feedback, consolidated revision notes when reasonably possible, necessary rights, approvals, and payments according to the agreed schedule.
19Approval & Acceptance
Client is responsible for reviewing and approving work during production. After final approval and delivery, additional changes may be treated as new services or additional scope.
20Delays & Third-Party Dependencies
4th Vision is not responsible for delays caused by Client delays, missing materials, delayed approvals, third-party vendors, voice talent availability, licensing delays, technical failures outside reasonable control, platform requirements, natural disasters, government actions, infrastructure failures, or other circumstances beyond reasonable control.
21Limitation of Liability
To the maximum extent permitted by law, 4th Vision's total liability arising from a project will not exceed the amount actually paid to 4th Vision for that project.
4th Vision will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages except where prohibited by applicable law.
22Warranties
4th Vision will perform agreed services in a professional manner consistent with generally accepted industry practices.
4th Vision does not guarantee commercial performance, advertising results, sales, audience response, viral performance, awards, broadcast acceptance, platform acceptance, or specific financial outcomes.
23Indemnification
Client agrees to defend, indemnify, and hold harmless 4th Vision Studios LLC and its owners, employees, contractors, and representatives from claims arising from Client-provided materials, breach of the Agreement, unauthorized third-party materials, violations of law or third-party rights, or Client instructions/materials causing a third-party claim, to the extent permitted by law.
24Independent Contractor
4th Vision is an independent contractor and is not an employee, partner, joint venturer, or agent of Client unless expressly agreed otherwise in writing.
25Subcontractors & Production Partners
4th Vision may engage qualified subcontractors, freelancers, voice talent, musicians, engineers, designers, studios, or other production partners when reasonably necessary.
Third-party costs may be included in the investment or billed separately as specified in the SOW.
26Confidentiality
Each party agrees to use reasonable care to protect confidential information received from the other party.
Additional confidentiality requirements may be established through an NDA or applicable SOW.
27Termination
Either party may request termination. If Client terminates after substantive production begins, Client remains responsible for amounts earned, work performed, approved expenses, non-refundable third-party commitments, and applicable charges.
28Dispute Resolution
The parties agree to first attempt in good faith to resolve disputes through direct communication.
If the dispute cannot be resolved informally, either party may pursue available remedies under applicable Florida law.
29Governing Law
This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-law principles.
30Electronic Signatures
Electronic, digital, scanned, and electronically accepted signatures will be considered valid and enforceable to the maximum extent permitted by applicable law.
31Entire Agreement
This Agreement, the applicable SOW, and incorporated written agreements constitute the entire agreement concerning the applicable services and supersede prior discussions concerning the same subject matter unless expressly incorporated.
32Amendments
Amendments must be made in writing and approved by both parties. Project-specific changes may be documented through a revised SOW, change order, written approval, or other written agreement.
33Severability
If any provision is found invalid or unenforceable, the remaining provisions remain in effect to the maximum extent permitted by law.
The Simple Version
Agreement & Signatures
By signing below, the parties acknowledge that they have read, understood, and agreed to the terms of this Commercial Audio Production Agreement and the applicable Statement of Work.