Magnetic Sound™ Licensing Agreement

This agreement is for individuals or organizations that wish to to offer Magnetic Sound™ listening experiences to their customers, or for a fee.

If you instead wish to purchase artwork for personal or at-home use, contact us to request a different agreement.

This agreement between Licensee and Caselden Studios, LLC (“CS”), at 544 Park Ave., Unit 437, Brooklyn, New York 11205, is hereby entered into on the date specified below.

WHEREAS, CS is the creator of Magnetic Sound™ (“Artwork”), and Magnetic Sound™ bath meditations;

WHEREAS, Licensee is an individual or organization interested in exhibiting Artwork, or renting Artwork to offer a service to the public or their private customer base.

NOW, THEREFORE, the parties mutually agree as follows:

I. License

1. CS hereby grants Licensee a non-exclusive, non-transferable right to use the Artwork to offer listening experiences to the public throughout the duration of this agreement.

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3. Licensee shall rent Artwork for a monthly Licensing Fee. Prices and payment dates are determined at the bottom of this web-page.

4. Licensee shall pay a $2000 Security Deposit along with the first month’s Licensing Fee. CS will return the Deposit to Licensee after return of the Artwork to CS. CS has the right to deduct from deposit due to any damages not due to normal wear and tear.

5. Payments not received more than 12 days past the due date will incur a fee equal to 20% of the amount outstanding.

6. Outstanding payments more than 25 days past the due date will result in a return of the Artwork. Licensee shall ship Artwork back to CS in original packaging.

II.    WARRANTY, MAINTENANCE AND SUPPORT

1. During the licensing period, CS shall repair all normal wear and tear to the artwork, including;

a. Adjusting warped sound boards,

b. Replacing broken strings,

c. Adjusting string and magnet proximity, and

d. Electrical repair/rewiring.

2. CS shall offer call support for minor repairs and operational advice.

3. If Artwork is non-functional and non-reparable, Licensee may return Artwork in original packaging, and CS will replace Artwork.

4. Maintenance and Support services do not cover Artwork use in high traffic settings.

III. Shipping

1. Licensee shall pay any shipping or transportation fees, and any additional return shipping or transportation fees as needed. Cost estimates available upon request.

2. If Licensee returns Artwork for non-functionality upon arrival, CS will pay return shipping, and replacement shipping for the repaired or new Artwork.

IV. INTELLECTUAL PROPERTY

1. Patent

a. This Agreement is a non-exclusive, non-transferrable license. Artwork is patent-pending, USPTO patent application number 62/428,651.

2. Trademark

a. “Magnetic Sound” is a trademark of CS, USPTO Registration No. 5298528, and USPTO Serial No. 87565933.

b. Licensee may not use these trademarks in any way not associated with the Artwork.

3. Structure of Services and Experiences

a. This agreement grants Licensee the right use Magnetic Sound™ in relation to services with the following restrictions:

1. Any public use of trademarks shall be permitted by CS in writing.

2. CS and Licensee shall agree upon parameters of experiences offered to the public including but not limited to:

   1. Number of participants

   2. Duration of program

   3. Environmental conditions including ambient noise and lighting

   4. Equipment use and spatial design

3. Licensee shall not modify experience programming in any significant way without written permission from CS.

4. Licensee shall maintain exhibition environment according to the parameters described in our Operation and Maintenance web-page.

V. Choice of Law and Venue

1. This Agreement falls under the jurisdiction and laws of the State of New York.

VI. Liability and disclaimer

1. CS assumes no liability for Artwork that has not been maintained according to instructions in the Operation + Maintenance section of website.

2. CS assumes no liability for Artwork that has been opened and altered by Licensee without prior instruction from CS.

3. Artwork utilizes electricity and high powered magnets. Do not operate Artwork close to moisture. If magnets become dislodged or start to radiate excessive heat, unplug Artwork and call CS for support.

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