1. Purpose

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The Composer/Producer agrees to create a bespoke, commissioned song (“Song”) for the Client, designed for personal and special occasions — including but not limited to weddings, proposals, or private celebrations.

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2. Ownership & Rights

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All copyright, intellectual property, and moral rights in the Song — including the underlying composition, lyrics, and recordings — remain the sole property of Everlasting Notes.

The Client is granted a non-exclusive, perpetual, worldwide licence to use the Song strictly for personal, non-commercial purposes.

The Client may not use the names, likenesses, or professional credits of the Composer/Producer, musicians, or vocalists involved in creating the Song, other than referencing “Everlasting Notes” as the credited composers.

The Client may not claim authorship of the Song or any portion thereof, except for acknowledging that it was inspired by and based on their personal love story provided to Everlasting Notes.

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3. Permitted Use

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The Client may:

• Play the Song at private events.

• Share the Song digitally with family and friends without attribution; however, if they wish to credit the creators, they may do so by referencing “Everlasting Notes.”

• Include the Song in private social media posts for personal use; if credit is given, it should be to “Everlasting Notes.”

• Use the Song under personal video footage for social media, provided it remains non-commercial in nature.

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4. Prohibited Use

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The Client may not:

• Upload, release, or distribute the Song under the names of the Composer, performers, or any third party.

• Use the Song for any commercial purpose without a separate, written licence from Everlasting Notes.

• Modify, remix, or create derivative works of the Song for public or commercial release without prior written consent.

• Sell, license, or distribute the Song to third parties in any form.

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5. Commercial Licensing

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Any commercial use — including monetised social media, advertisements, public performances, or third-party licensing — requires a separate commercial agreement with Everlasting Notes.

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6. Payment & Delivery

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The Song will be delivered in [MP3/WAV format] via [email/cloud transfer].

Rights and licence privileges under this Agreement become effective only once full payment has been received.

Refunds or revisions are at the discretion of the Composer/Producer, unless otherwise agreed to in writing prior to commencement.

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7. Confidentiality

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The Composer/Producer agrees to maintain strict confidentiality regarding all personal details, story content, and unreleased versions of the Song.

The Client agrees not to publicly share or distribute any unreleased material before the agreed release date or event without prior written consent from Everlasting Notes.

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8. Indemnity

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The Client agrees to indemnify and hold harmless Everlasting Notes, its composers, and collaborators against any claims, losses, or liabilities resulting from the misuse or unauthorised use of the Song.

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9. Governing Law

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This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
Any disputes arising shall fall under the exclusive jurisdiction of the South African courts.

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10. Entire Agreement

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This Agreement constitutes the entire understanding between the parties with respect to the commissioned Song.
No other representations, promises, or agreements — written or oral — shall be binding unless expressly included herein in writing.