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and the address *

(123 Example ave, Hollywood, CA 90028)
 
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Please read and agree to our Terms of Service: *

INNOVATIVE PERFORMANCE PRODUCTIONS LLC TERMS AND CONDITIONS +OF LICENSE
THIS LICENSE AGREEMENT (this "Agreement"), made and entered into on the _____ day of _____ 201718, is by and between Innovative Performance Productions LLC, with offices at 20 Blackwood Ave.,
Billerica, Massachusetts 01821 ( "IPP" or Licensor ), and the person or entity digitally signing,
submitting or agreeing to these unmodified terms (the "Licensee"). Parties shall mean Licensor and Licensee and Party shall mean either of the Parties.
1. Licensed Works. The songs and tracks that are provided to you, whether by download or otherwise
(each mix, a Licensed Work), are licensed to you, not sold to you. All rights not expressly granted to
you below are reserved by Licensor. The copyright retained by Licensor includes all sounds, samples,
loops and/or vocals contained in the Licensed Works.
2. Master. The ter Master shall ea the original composition created by IPP for licensing to third
parties and shall be transmitted to the Licensee on a phonographic or digital format chosen by IPP. At all
times IPP shall retain all ownership of the Master, together with the performances embodied on the
phonograph and all copyrights therein and thereto. IPP hereby grants a non-exclusive, nontransferrable, non-sublicensable, mechanical license to the Licensee which shall be explicitly revoked
upon the termination of the License Term (as defined below).
3. Term. The rights granted by IPP to Licensee hereunder shall be for the cheer season commencing May
15 of the current year through and including May 14 of the following year (the "License Term") for each
music product purchased.
4. Territory. The territory covered by this license shall be the world (the "Territory").
5. License Fee. Upon execution of this Agreement, Licensee shall pay IPP a fee the Li e se Fee as set
forth o IPP’s e site www.ippmusic.com the IPP Website or decided through written agreement.
Payment shall be made by credit card, PayPal, money order, or check, as agreed by the Parties. Licensee
expressly agrees that the rights to access the IPP Website and use the Licensed Works hereunder shall
be valid only so long as Licensee has made payment of the License Fee to IPP and such payment has
cleared. Any use by Licensee of the License Work without payment of the License Fee shall constitute a
material breach of this Agreement, entitling IPP to all available remedies under the laws of the
Commonwealth of Massachusetts. In the event that any Licensed Works shall be publicly exploited by
Licensee such public exploitation shall be permitted only if the Licensee paid IPP for the License Term
during which the public exploitation occurred. [Licensee shall pay and be responsible for all taxes and
levies connected to the use of the Licensed Works according to the conditions of this agreement.]
6. Purpose.
(a) IPP is engaged in the business of providing music mixes and tracks to its licensees for
cheerleading, dance, gymnastics and physical performances at competitions, practices and other events
as agreed upon by the Parties.
(b) Notwithstanding the foregoing, Licensee shall use the Licensed Works for any and all of the
purposes set forth in Paragraph 5(a) above, subject to the terms and conditions hereunder.
Notwithstanding the foregoing, Licensee shall have no right to resell, publicly perform, transfer or
hypothecate the unaltered version of the Licensed Work. 7. Grant of Rights.
(a) Any public performance by Licensee of the Licensed Works is subject to the clearance of the
applicable public performance rights in force from time to time applied by the performing rights society
in each part of the Territory in accordance with their respective prevailing terms and conditions.
(b) Licensee shall attribute and credit the Licensed Works in all exhibition and exploitation of the
Project.
(c) Licensee may not alter or modify the Licensed Work, including but not limited to Licensee's
remix, addition or change of any recordings or lyrics. IPP shall have no responsibility regarding any such
alteration or modification.
(d) Licensee acknowledges and agrees that all rights in and to the Licensed Works, whether now
known or hereafter in existence, that are not granted to Licensee hereunder are specifically reserved by
IPP. Licensee acknowledges that it shall have no right or access to the Master and may only use the
phonographic or digital copy provided by IPP as enumerated herein. IPP retains all ownership and rights
to the Master and does not hereby grant any right, except the non-exclusive right of the Licensee to use
the Licensed Works for its purposes relating to the Cheer, Dance and Gymnastics competitions, practices
and public not-for-profit performances.
(e) Licensee acknowledges and agrees that its use of the Licensed Works shall be solely for non-profit
use and only in connection with the public performance by Licensee of the Licensed Work for Cheer,
Dance and Gymnastics competition, practice and other not-for-profit performances. Additionally,
Licensee shall have the right to use the Licensed Works for personal, noncommercial uses.
(f) Licensee and its assigns shall have the non-exclusive right to reproduce up to 35 copies in total of
the Li e sed Works or a portio s thereof e lusi el for opies distri uted to Li e see’s tea
ates or
as reasonably required in connection with Cheer and Dance performances.
8. Warranties and Representations.
(a) Licensee warrants and represents that: (i) it has the right to enter into this Agreement and has
not entered into any other agreement that would interfere with your grant of rights hereunder; (ii) not
under any disability, restriction or prohibition, whether contractual or otherwise, with respect to its
right to execute this Agreement; (iii) all information provided by Licensee herein and during the Term
hereof shall be accurate, complete and not misleading in any material respect; (iv) it shall only use the
Licensed Works for the purposes set forth in Paragraph 5 above, as determined by Licensee, in
accordance with the terms of this Agreement; (v) it shall not, except to the extent allowed by IPP
hereunder and solely in connection with its authorized use of the IPP Website, copy or otherwise
duplicate directly or indirectly any portion of the IPP Website including without limitation, any of the
information, trademarks, logos, designs, graphics, systems, Mixes or otherwise contained therein for any
purpose, and shall not use any software that enables the copying or duplication of such materials; (vi) it
shall abide by all copyright notices, information, or restrictions applicable to any of IPP's materials or
otherwise published on the Site; (vii) Licensee will comply with all requirements of the applicable
performing rights societies as set forth hereunder; (viii) no usage by Licensee shall encourage or be
associated with illegal or illicit activities allowed; and (ix) Licensee agrees to not transfer its rights in any Licensed Works licensed under this agreement to third parties without the express written consent of
IPP.
(b) IPP warrants and represents that: (i) it has the right to enter into this Agreement and has not
entered into any other agreement that would interfere with your grant of rights hereunder; (ii) it is
under no disability, restriction or prohibition, whether contractual or otherwise, with respect to its right
to execute this Agreement and to grant the rights granted hereunder; (iii) it has obtained from the
owner and publisher of the original compositions used in the Licensed Works (and has obtained rights to
arrangements of public domain compositions) sufficient to grant the rights to Licensee hereunder; and
(iv) no original composition nor any other selections, materials, ideas or other properties contained in
the Licensed Works shall violate or infringe upon any common law or statutory right of any person, firm
or corporation, including, without limitation, contractual rights, copyrights, trademarks and rights of
privacy.
9. Indemnity.
(a) Licensor will defend, indemnify and hold harmless, Licensee, its affiliates and their respective
officers, directors, shareholders, employees, subcontractors, agents, consultants, representatives and
suppliers from and against any and all third party claims, suits, demands, liabilities, costs, losses,
damages, judg e ts, pe alties or e pe ses i ludi g reaso a le attor e ’s fees a d ourt osts that
may be obtained against, imposed upon or suffered by any of them as a result of a breach of any
warranty or representation contained in this License and arising from or in connection with any uses of
the Licensed Works permitted herein. Licensee shall notify Licensor within five (5) days of any such
claim, demand, or action against Licensee. Licensee shall have the right, at its sole expense, to
participate in the defense thereof with counsel of its choice, provided, however, Licensor shall have the
right at all times, in its sole discretion, to retain and resume control of such action and proceedings.
(b) Licensee agrees to defend, indemnify, and hold harmless, Licensor, its affiliates and their
respective officers, directors, shareholders, employees, subcontractors, agents, consultants,
representatives and suppliers (collectively, the Li e sor Parties from and against any and all claims,
suits, demands, liabilities, costs, losses, damages, judgments, penalties or expenses (including
reaso a le attor e ’s fees arising out of or relating to (i) Licensee's breach of any provision of this
License Agreement; (ii) Licensee's activities or other conduct of its business; (iii) the violation by Licensee
of any statutory or regulatory obligation; or (iv) any claim or action for person al injury, death, property
damage or other cause of action in connection with Licensee's activities. IPP shall have the right to
participate in the defense of any claim, demand, or action with counsel of its choice, at its sole cost and
expense.
10. Limitation on Liability. Notwithstanding the foregoing, all liability of the Licensor Parties collectively
for claims arising under this License Agreement or in any way connected to the Licensed Works,
howsoever arising, shall be limited to the money paid to Licensor by Licensee for the applicable Licensed
Work. This limitation of liability is cumulative and not per incident (i.e., the existence of two or more
claims will not enlarge the limit). In no event shall IPP be liable for any indirect, special or consequential
damages including but not limited to loss of anticipated profits, in connection with or arising from this
Agreement, whether arising in contract, tort (including negligence), or otherwise, even if such party has
been informed of the possibility thereof. Moreover, IPP shall not be liable for any loss, damage, claim or
liability arising from or related to (a) any software program, digital transmission errors, failures, interruptions or delays, regardless of cause; (b) data errors or lost or damaged data; or (c) the amount
or duration of use of a Licensed Work. In no event shall IPP's total liability exceed the License Fee paid
by Licensee hereunder. Licensee shall hereby indemnify, save and hold IPP, its licensees, successors,
assigns, employees, officers, directors and representatives harmless from any damages in excess of the
License Fee.
11. Notices. Any and all notices that the Parties are required or desire to be sent hereunder shall be in
writing and sent to the addresses first indicated above or at such other addresses as the Parties may
indicate by depositing same, registered or certified mail, return receipt requested, postage prepaid, in
an official depository under the exclusive care and control of the United States Postal Service. Notices
shall be deemed given when sent except for notice of change of address, which shall only be effective
from the date of receipt thereof.
12. Assignment. IPP shall have the right to assign this Agreement to any party with whom they shall
merge, consolidate, or which acquires a substantial, interest in the assets of Music Service's business.
Licensee shall have the limited right to assign this Agreement to any party with whom they shall merge,
consolidate, or which acquires a substantial, interest in the assets of Licensee's business, provided such
person or form shall continue to pay the License Fee for the subscription service hereunder, or a flat fee
("buyout') for the right to use any specific Licensed Work for a particular purpose.
13. Governing Law and Exclusive Submission to Jurisdiction. In interpreting the terms of this Agreement,
the Parties agree that the laws of the Commonwealth of Massachusetts shall be applicable, without giving
effect to the conflicts of law provisions. The United Nations Convention of Contracts for the International
Sale of Goods shall not apply to this Agreement. Each Party: (i) agrees that any action arising out of or in
connection with any dispute, claim, question, cause of action, defense or disagreement of any kind
between the Parties ea h, a Dispute shall be brought solely in courts of the Commonwealth of
Massachusetts, in Boston, or the United States District Court for the District of Massachusetts; and
(ii) hereby irrevocably consents to the sole and exclusive venue and jurisdiction of the courts of the
Commonwealth of Massachusetts and the United States District Court for the District of Massachusetts. In
the event any Dispute is resolved within the courts of law, the prevailing party shall be entitled to
reasonable attor e ’s fees a d asso iated osts.
14. Miscellaneous. The Parties intend that this be the final expression of their agreement and a
complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be
introduced in any judicial, administrative, or other legal proceeding involving this Agreement. This
license is binding upon and shall inure to the benefit of the respective successors or assigns of the
Parties hereto. This Agreement may not be modified, amended, or terminated except by an instrument
in writing, signed by the Parties. Music Service shall not be deemed to be in breach of any of the
obligations hereunder unless and until they shall have been given specific written notice from Licensee
by certified or registered mail, return receipt requested, of the nature of such breach and shall
thereafter fail to commence the cure of such breach within thirty (30) days after receipt of such written
notice. If any provision of this Agreement, or the application thereof to any person, place, or
circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the
remainder of this agreement and such provisions as applied to other persons, places, and circumstances
shall remain in full force and effect.