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Letter of Engagement

Dear ,

The purpose of this letter is to confirm your engagement of FIRE ENTERTAINMENT to provide professional services to you.

We really look forward to working with you.

Kind regards,

Rico Soto

FIRE MUSIC - ARTIST SERVICES

Ph: 0499184243

E: projcts@firemusic.com.au

W: FIREMUSIC.COM.AU

LETTER OF ENGAGEMENT

Parties:

, of , , , .

ABN or TFN: (referred to as “The Client”, “you” and “your” as the context permits).

And

THE PHOENIX ENT GROUP Pty Ltd, ABN:90659358460, of Level 3, Suite 8/ 8Hercules Street, Surry Hills, NSW 2010, Australia; trading as FIRE MUSIC/ FIRE ENTERTAINMENT (Hereinafter referred to as “FIRE MUSIC.”, “we”, “us” and “our” as the context requires).

1.Scope of Engagement

1.1 On the basis of our discussions, the scope of work we will be providing services to you (“Services”), is listed as per Schedule A.

1.2 From time to time we may engage such persons with the skills necessary to provide the services. We will consult with you, when this occurs.

2.Term

The term during which we will provide the services will commence on the and will continue until the services listed in Schedule A have been provided (“Term”).

3.Fees

3.1 In consideration for providing the services, you agree to pay to FIRE MUSIC the professional fees, as detailed in Schedule A.

3.2 FIRE MUSIC's professional fees will be based on one or more of the methods listed below. The method of calculation of fees for the client will be stated in Schedule A, subject to clause 3.3, 3.4, 3.5, 3.6 and 3.7 of this agreement.

A set fee negotiated and agreed to by both parties: and/or
Extra fees for any additional services (not accounted for in Schedule A) that FIRE MUSIC. may provide to You during the Term. Such extra fees would need to be discussed beforehand and agreed to by You.

3.3 Our bills are payable in full within 7 days after the date of issue, unless we have agreed to a different payment plan (the "Payment Plan") in writing prior to commencing the services and detailed in Schedule C of this document. We reserve the right to charge interest on amounts overdue by 30 days or more at the rate of 9% per annum. Payment Plans do not represent a reduction or division of the cost for the services or products offered and Clients who request such Payment Plan commit to pay for the services or products offered in full.

3.4 It may be necessary for us to engage on your behalf, the services of other professional to provide specialist advice or services or to act as FIRE MUSIC’s agent. Before doing so, FIRE MUSIC will consult and seek approval from the client about the terms of the engagement. We will also provide youwith a statement about the applicable professional’s terms of engagement. You may be asked by Us to enter into an agreement with that other professional service provider directly.The amounts charged by these parties are subject to change only if Schedule A’s timelines are not followed or suffer delays caused by the client.

3.5 You may request changes or additional services to the original agreement which will be considered last minute requests ("Last Minute Requests"). Last Minute Requests once services have begun may incur additional admin and cancelation fees depending the type of services and commitments of time and resources already engaged on your behalf by the service provided and by us. Last Minute Requests may also incur further fees such as but not limited to; extra studio time, extra professional services, additional personnel, additional production and more. We will inform you of what the additional admin, cancelation and additional fees would cost and require your written approval before complying with your Last Minute Requests.

3.6 If bills remain unpaid after 90 days, we reserve the right to pass on the Client’s bill to our Debt Collecting service of choice. All additional professional fees, late payment fees, administration fees and other fees added to the bill by the Debt Collecting services, will be charged to the Client. FIRE MUSIC is not be responsible for any repercussions these debt collecting services may cause to the Client’s credit and financial reputation.

3.7 FIRE MUSIC may refrain from delivering goods or services to the Client if any of the following circumstances occur: bills are not paid as agreed, or the client does not meet the requirements to pay money on account of costs and disbursements, or if the client fails to provide any of the necessary information required to provide the services as described in the Schedule B. Ownership of all works created by FIRE MUSIC for the client will remain property of Fire Entertainment until all monies due by the Client are paid in full to FIRE MUSIC. Once all monies are paid, the rights of the works created will be passed to the Client and other relevant owners of the work as agreed by both parties before commencing the work.

4.Your Obligations

In addition to the obligations described above, you have agreed to provide FIRE MUSIC. with the items listed in Schedule B throughout the term, at your own cost.

5.Termination of Agreement

5.1 If either of the parties wish to terminate this agreement, the terminating party (“Terminating Party”) shall give the other party (“Non-Terminating Party”) written notice requiring the Non-Terminating Party to curesuch issue (“Issue”) or state its intention or method in resolving such Issue withinfourteen (14) days after receipt of such notice. If the Non-Terminating Partyis unable to curethe Terminating Party’s Issue within 14 days, the Terminating Party may terminate this agreement.

5.2 Both parties may also terminate this agreement if in their mutual view the necessary relationship of confidence no longer exists between both parties.

5.3 FIRE MUSIC. has the right to terminate this Agreement and suspend all services if bills are not paid as agreed, or the client does not meet the requirements to pay money on account of costs and disbursements, or if the client fails to provide any of the items described in clause 4.

5.4 If this agreement is terminated, you agree to cover all payments for services provided until the date termination. You also acknowledge that this may include intellectual work and administrative tasks provided to your project up to the date of Termination. All costs and disbursements incurred prior to the date of termination are immediately due and payable together with any related GST on the date of termination. FIRE MUSIC reserves the right to retain all rights and ownership of materials created throughout these Services until all monies due have been paid in full by the client.

6.Records of Documents

FIRE MUSIC will keep record copies of the client’s contracts in which FIRE MUSIC is involved at our offices’ archive facility, for a period of one year after termination of the relevant contract on the undertaking that we have your authority to destroy such contract at the end of this time.

7.Confidentiality

7.1 As part of the Services, we undertake not to divulge any information relevant to youand yourbusiness to any third party, except where it is necessary for the purpose of successful delivery of the services.

7.2 If, during or after completion of the Term we are required by law or a competent authority to provide information (including producing information or giving evidence) in relation to the Services for any reason outside a dispute between both parties, we will notify you of that requirement. If this occurs, we may bill you for our costs and disbursements at our then standard charge out rate on the basis that the work involved in providing this information is specified in this Agreement.

8.Limitation of Liability

It is a condition of our providing of services to you that you shall not hold FIRE MUSIC. or its employees liable for any loss or damage (including consequential or indirect loss or damage) in connection with the services and you must indemnify FIRE MUSIC. against such liability provided that the services are provided in good faith and do not, to our knowledge or the knowledge of any person we engage on your behalf, contravene any laws, regulation or right of a third party.

9.Dispute Resolution

If a dispute about any matter relating to this contract (including its enforceability) arises between the parties of this Agreement, they both agree that mediation is a pre-condition before the commencement of any litigation by either party against the other. This does not prevent either of us from seeking urgent injunctive relief before an appropriate court.

10.Independent Contractors

You acknowledge that the relationship between us is that of independent contractors only and that nothing in this Agreement implies a relationship of employment or that of joint venturers. We are able to provide services similar to those we provide to you under this Agreement to any third party in our discretion during the Term.

11.Governing Law

This contract is governed by the laws of the State of New South Wales and the parties submit to the non exclusive jurisdiction of the courts of that State.

12.Severance

Any provision of this contract which is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability and will not invalidate the remaining provisions of this contract nor affect the validity or enforceability of that provision in any other jurisdiction.

SCHEDULE A

SERVICES:

PROJECT’S BUDGET

** PAYMENT PLANS / FINANCING AVAILABLE ON REQUEST. TRANSACTION & ADMIN FEES MAY APPLY.

BUDGET BREAKDOWN

**GST has not been included in this breakdown. This budget is only valid for 15 calendar days starting from the date this agreement is sent. Prices may vary after 15 day period has elapsed.

DELIVERABLES

Notes:(*) Restrictions apply based on budget allocation available for each item/service. Available options, suppliers, quality, and production/feature restrictions will be subject to your final budget. All our service packages are bundled to provide competitive rates to our clients based on bulk service-purchases. Changes to this packages requested by the client will affect the rates of each service provided and may result ins changes in the deliverables. The budget allocations listed above reflect close estimates. FIRE MUSIC reserves the right not to disclose any exclusive rates provided internally by our service providers as part of our privacy and internal confidentiality policies.

SCHEDULE B

SCHEDULE C

PAYMENT PLAN:

You will receive an invoice from Fire Entertainment for the full amount of the service. We have agreed for you to pay in instalments as listed below:

**This Payment Plan is only valid for 15 calendar days starting from the date this agreement is sent. Payment Plan may become void after 15 days if the agreement remains unexecuted by the Client or if the Payment Plan schedule is not honoured by the client as per clause 5.3 of this agreement. .

SIGNATURE & AGREEMENT

By signing this document you agree with Fire Music & The Phoenix Ent Group Terms of Services (www.firemusic.com.au/terms-conditions)

We/I hereby agree to the above terms and conditions discussed in this letter of engagement.

SIGNED BY FEDERICO 'RICO' SOTO, ON BEHALF OF THE PHOENIX ENT GROUP PTY LTD T/A FIRE MUSIC/ FIRE ENTERTAINMENT; AND THE CLIENT

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Signed by Rico Soto
Signed On: July 24, 2022

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August 30, 2018 10:39 am AEST

Letter of Engagement Uploaded by Rico Soto - rico@firemusic.com.au IP 192.88.134.4