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VOICE PERSONALITY AGREEMENT
This AGREEMENT (hereinafter the "Agreement"), have a date of submission date is between Voicejockey.com, Inc. having an address at 25 Neptune Blvd., Suite 6J, Long Beach, NY 11561 (hereinafter the "Company") and the independent contractor,
(hereinafter the "Voice Personality").
WHEREAS, the Company desires to engage the Voice Personality as an independent contractor and the Voice Personality desires to be associated with the Company as an independent contractor and furnish the Company with certain services under the terms and conditions set forth below; and
WHEREAS, the Company and the Voice Personality have entered into this Agreement freely and without duress.
NOW THEREFORE, in consideration of the terms, conditions and mutual covenants contained herein, and other good and valuable consideration the receipt of which is hereby acknowledged, the Company and the Voice Personality agree as follows:
1. This Agreement is effective on the date of form submission, and will continue in effect until terminated by either party. Termination may occur at any time, upon 24 hour advance notice, and with or without cause.
2. The Voice Personality will perform the services specified in Exhibit A. Those services will be available to the Company pursuant to a mutually agreed-on schedule. The Voice Personality will prepare such records and reports reasonably requested by the Company regarding the performance of the required services. The Voice Personality will use his or her best efforts to advance the interests of the Company, and will faithfully, industriously, and to the best of his or her abilities, perform the services described in Exhibit A, which is attached hereto and incorporated by reference herein.
3. The Voice Personality acknowledges that all work performed or to be performed by Voice Personality for the Company, including work which constitutes "work-made-for-hire" under applicable copyright laws, all copyrights to which are owned by the Company; and, in any event, the Voice Personality assigns to the Company all intellectual property rights, including copyrights, in such work. The Company shall be
allowed to make reasonable use of work product of Voice Personality, without prior consent from Voice Personality, nor shall Company be obligated to compensate Voice Personality for any additional use of said work product.
4. The Company will do all things reasonably required in a prompt and timely manner to enable the Voice Personality to provide his or her services and to otherwise perform his or her obligations pursuant to this Agreement. Voice Personality shall perform the services specified in Exhibit A in a timely manner, consistent with the Company's business model and in accordance with representations made by Voice Personality as to availability to timely perform services as set forth on the Company's website. Voice Personality agrees to strictly note on Company's website whether they are available or unavailable to accept an assignment. Timeliness of project completion is extremely important to Company's business model and reputation, and if Voice Personality indicates they are available, they shall diligently proceed towards completing the assignment within the time allotted therefore.
5. For all services rendered by the Voice Personality under this Agreement, the Company will pay the Voice Personality on a per-project basis as specified in Exhibit B, which is attached hereto and incorporated by reference herein. Compensation may
change upon 30 days written notice to enrolled talent on the roster and in compliance with applicable United States and/or New York statute.
The Voice Personality shall provide company with broadcast quality files in the format as requested by Company, most common of which is .mp3, .wav, or .aif. Company shall specify exact technical file specifications to the Voice Personality upon placement of the assignment, and manner of delivery of said files, and Voice Personality shall be deemed in compliance with this agreement upon delivery of the files to company, unless otherwise stated herein."
Prior to commencement of services, the Voice Personality shall complete and provide to Company a Form W-9. The Voice Personality is not an employee of the Company and is only an independent contractor to the Company. The Voice Personality will under no circumstances, including a legal finding regarding employee status, be entitled to any other benefits or compensation from the Company, including any and all employee benefit plans of the Company, pension plans, health insurance, paid time off, sick pay, or any other fringe benefit that Company may offer its employees. As such, Company will not withhold state or federal income tax, Social Security or Medicare taxes from Voice Personality's compensation, nor will Company make state or federal unemployment
contributions on behalf of Voice Personality. Voice Personality is solely liable for the payment of all applicable taxes related to the performance of services rendered under this Agreement, including but not limited to income tax, Social Security, Medicare, self-employment tax, and unemployment contributions. To the extent Company should assist
Voice Personality with payment of such obligations; Voice Personality expressly agrees to reimburse Company for such payments within 30 days of such payment. None of the benefits provided by the Company to its employees, including by not limited to workers' compensation insurance and unemployment insurance, will be provided by the Company to the Voice Personality or to any employee, agent, or servant of the Voice Personality whom the Voice Personality may engage as he or she believes necessary and appropriate for the performance of services. The Voice Personality agrees that he or she will file federal and state income tax returns either as a business entity or on a Business Schedule C, as appropriate, as part of the Voice Personality's personal income tax returns. The Voice Personality agrees that he or she is not eligible to participate in any benefit plans of the company under any circumstances, even if the Voice Personality should be found to be an employee of the Company by any governmental agency or court.
6. Voice Personality agrees to do all of the work assignments personally.
7. The Voice Personality and the Company agree that the Voice Personality has no authority to bind the Company as its agent, except as expressly agreed to by the parties in a separate written agreement. The Voice Personality will not make any representations, or take any actions, that would create the impression that he or she has authority to bind the Company.
8. The Voice Personality represents and warrants to the Company that Voice Personality's entry into this Agreement and the performance of Voice Personality's obligations hereunder do not violate any other contractual obligation that Voice Personality has to any other person or entity or infringe on any rights of any other person or entity. Voice Personality represents that Voice Personality has full legal authority to enter into this Agreement and perform Voice Personality's services hereunder.
9. The Voice Personality agrees that during the term of this Agreement he or she will not directly solicit Voicejockeys.com clients, customers or prospective clients or customers of the Company in any form or manner.
10.Voice Personality acknowledges that all Proprietary Information is and shall continue to be the exclusive property of the Company, whether or not prepared in whole or in part by him or her and whether or not disclosed or entrusted to him or her in connection with his or her work for the Company. Voice Personality further acknowledges that in the course of performing his or her services for the Company, he or she will have access to Proprietary Information, the ownership and confidential status of which are highly important to the Company, and his or she agrees to comply with all Company policies and procedures for the protection of Proprietary Information. Voice Personality agrees not to disclose Proprietary Information, directly or indirectly, under
any circumstances or by any means, to any third person without the express written consent of the Company. Voice Personality agrees that he or she will not copy, transmit, reproduce, summarize, quote, or make any commercial or other use whatsoever of Proprietary Information, except as may be necessary to perform his or her services for the
Company. Voice Personality agrees to exercise the highest degree of care in safeguarding Proprietary Information against loss, theft, or other inadvertent disclosure, and agrees generally to take all steps necessary to ensure the maintenance of confidentiality. As used in this Agreement the term "Proprietary Information" means (a) confidential information of the Company, (b) information marked or designated by the Company as confidential, (c) information, whether or not in written form and whether or not designated as confidential, that is known to the Voice Personality as being treated by the Company as confidential, and (d) information provided to the Company by third parties that the Company is obligated to keep confidential. Proprietary Information includes, but is not limited to, client list or database, business model or plan, user names and passwords, website designs and function, rates of pay compensation schedules, benefit schedules, discoveries, ideas, designs, drawings, specifications, techniques, models, data, programs, documentation, processes, know-how, customer lists, marketing plans, financial and technical information, and any protected trade secrets as defined under New York Law. Voice Personality acknowledges that any disclosure of Proprietary information will cause irreparable harm to the Company.
11. This Agreement shall be binding upon and inure to the benefit of the Company and the Voice Personality and their respective heirs, executors, administrators, successors and assigns.
12. Neither this Agreement nor any of the rights, interests, or obligations under this Agreement may be assigned by any party without the prior written consent of the other parties, which consent will not be unreasonably withheld.
13. Nothing in the Agreement, express or implied, is intended or will be construed to confer on any person, other than the parties to this Agreement, any right, remedy, or claim under or with respect to this Agreement.
14. All notices and other communications required to be given under this Agreement must be in writing and will be deemed to have been given if delivered personally, sent by facsimile (with confirmation), mailed by certified mail, or delivered by an overnight delivery service (with confirmation) to the parties at the following addresses or facsimile numbers (or at such other address or facsimile number as a party may designate by like notice to the other parties):
25 Neptune Blvd., Suite 6J
Long Beach, NY 11561
Any notice or other communication will be deemed to be given (a) on the date of personal delivery, (b) at the expiration of the 3rd day after the date of deposit in the United States mail, or (c) on the date of confirmed delivery by facsimile or overnight delivery service. Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission, will be the same as delivery of any
original. At the request of any party, the parties will confirm facsimile transmitted signatures by signing an original document.
15. This Agreement may be amended only by an instrument in writing executed by all parties, which writing must refer to this Agreement.
16. This Agreement may be executed in counterparts, each of which will be considered an original and all of which together will constitute one and the same agreement.
17. Each party agrees (a) to execute and deliver such other documents and (b) to do and perform such other acts and things, as any other party may reasonably request, to carry out the intent and accomplish the purposes of the Agreement.
18. Voice Personality agrees to use their best efforts to meet all dates and time periods set forth or referred to in this Agreement."
19. Voice Personality will be solely responsible for all expenses associated with the performance of the services contemplated by this Agreement and as set forth in Exhibit A, which is attached hereto and incorporated by reference herein.
20. Any provision or condition of the Agreement may be waived at any time, in writing, by the party entitled to the benefit of such provision or condition. Waiver of any breach of any provision will not be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision.
21. This Agreement shall be interpreted, governed by and construed in accordance with the laws of the State of New York. Additionally, all parties to this Agreement shall submit to the jurisdiction of the State of New York and agree that proper venue shall lie in Nassau County, New York. This paragraph shall not apply if the Voice Personality is making a claim against Company for failure to pay for services Voice Personality rendered under this Contract. Under that circumstance, Voice Talent may file suit where Voice Talent resides and Company agrees to submit to that jurisdiction.
22. If any arbitration, suit or action is instituted to interpret or enforce the provisions of the Agreement, to rescind this Agreement, or otherwise with respect to the subject matter of this Agreement, the party prevailing on an issue will be entitled to recover with respect to such issue, in addition to costs, reasonable attorney fees incurred in the preparation, prosecution, or defense of such arbitration, suit or action as determined by the arbitrator or trial court, and if any appeal is taken from such decision, reasonable attorney fees as determined on appeal.
23. Any controversy or claim arising out of or relating to this Agreement, with the exception of any claim for non payment by Voice Personality as per Paragraph 23 or the breach thereof shall be settled by mediation and arbitration, if necessary. All disputes arising under this Agreement shall first be subject to mediation. The Company and Voice Personality shall mutually select the mediator and shall equally share in the costs associated with mediation. If the dispute is not resolved in mediation, then arbitration shall promptly commence. Unless the parties otherwise agree, the arbitration will be administered in Nassau County, New York in accordance with the rules then obtaining of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. Any arbitration will be conducted in accordance with the following provisions:
(a) Arbitration proceedings under this Agreement may be consolidated with Arbitration proceedings pending between other parties if the arbitration proceedings arise out of the same transaction or relate to the same subject matter. Consolidation will be by order of the arbitrator in any of the pending cases or, if the arbitrator fails to make such an order, the parties may apply to any court of competent jurisdiction for such an order.
(b) A party may, without inconsistency with this Agreement, seek from a court any interim or provisional relief that may be necessary to protect the rights or property of that party pending the establishment of the arbitration (or pending the arbitrator's determination of the merits of the dispute, controversy, or claim).
(c) The arbitrator will have authority to issue preliminary and other equitable relief.
(d) Discovery proceedings of the type provided by the New York Rules of Civil Procedure will be permitted both in advance of and during recesses of the arbitration hearings. Any dispute relating to such discovery will be resolved by the arbitrator.
(e) The arbitrator will have the discretion to order a pre-hearing exchange of information by the parties and an exchange of summaries of testimony of proposed witnesses.
(f) The arbitrator will have the authority to award any remedy or relief that an New York court could order or grant, including specific performance of any obligation created under this Agreement, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process, except that the arbitrator will not have authority to award punitive damages or any other amount for the purpose of imposing a penalty as opposed to compensating for actual damage suffered or loss incurred.
(g) The award will be in writing, will be signed by the arbitrator, and
will include a statement regarding the disposition of any claim. The
award will be kept confidential to the fullest extent permitted by law.
24. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement will be brought against any of the parties in Nassau County Supreme Court of the State of New York or, subject to applicable jurisdictional requirements in the United States District Court for the District of New York, and each of
the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding an waives any objection to such venue.
25. The exhibits referenced in this Agreement are part of this Agreement as if fully set forth in this Agreement.
26. If any portion of this Agreement is deemed invalid or void at law, this Agreement shall be construed as though such portion or provision had not been inserted and the remainder of this Agreement shall remain in full force and effect.
27. This Agreement embodies and constitutes the entire understanding between the parties with respect to the independent contractor engagement contemplated herein, and all prior agreements, understandings, representations and statements, oral or written, are merged into this contract. Neither this contract nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument signed by the party against whom the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument.
The parties enter into this Agreement as of the date of submission.
1. Voice Personality will provide voice over and/or other production work.
2. Voice Personality will provide free liners/demo reels to the Company to
promote themselves and the Company via the corporate website.
3. Voice Personality agrees not to work for any other voice over company using his/her voicejockeys.com screen name, at lower rates than the Company currently charges.
4. Voice Personality agrees to provide up to three re-reads per job at the clients request.
The Company will pay Voice Personality fifty percent (50%) in United Stated Dollars of the billed revenues generated by the Voice Personality within the calendar month for all services rendered on a per project basis. Payment to be made on or before the 1st of the following month.
I agree to adhere to the voicejockeys.com terms and conditions.