State License Disclosures

GENERAL STATE LICENSE DISCLOSURES


AK, AR, CA, CO, FL, ID, IL, IN, IA, KS, MD, MI, MN, MO, NE, NJ, NY, ND, OK, OR, TX, UT, VA, WA, WI, WV, WY: AllTrack complies with all federal law and orders of courts having appropriate jurisdiction regarding the rates and terms of royalties and the circumstances under which licenses for rights for public performances are offered to any proprietor. For the aforementioned states, AllTrack Performing Rights LLC (“AllTrack”) is required to provide some or all of the following information to you, in writing, at least 72 hours prior to the execution of any contract requiring payment of license fees to AllTrack. The Music License offered by AllTrack contains the terms and schedule of license fees, and upon your request the amounts and terms of any discounts offered to proprietors of comparable businesses in your area. AllTrack’s email address is licensing@alltrack.com. Upon written request, and at your sole expense, you may obtain the most current available list of AllTrack’s affiliates or musical works in AllTrack’s repertory. Requests for the most current list of AllTrack’s repertory or affiliates should be addressed to AllTrack Performing Rights LLC, 324 S. Beverly Dr., Suite 523, Beverly Hills, CA 90212; Attention: Licensing. You may inquire and obtain answers concerning AllTrack’s repertory by contacting us at (424) 255-1637. Requests for a printed repertory or affiliate list are subject to a fee equal to the actual cost of printing the copy. The fee will be communicated to you in advance and will be due prior to fulfilling your request. AllTrack’s repertory and list of affiliates are available at www.alltrack.com at no cost. You are entitled to the information as provided herein. In the event AllTrack fails to provide this information, it is possible that you may be entitled to bring an action against AllTrack or assert a counterclaim in an action brought by AllTrack.

SUPPLEMENTAL STATE LICENSE DISCLOSURES

The following supplemental state specific disclosures shall apply. AK: The most recent available list of the copyrighted musical works in AllTrack’s repertory will be available on electronic media through the Cabaret Hotel and Restaurant Retail Association. CO: (a) AllTrack shall publish and file with the secretary of state its form contracts and a schedule of fees it charges a proprietor to license music for public performance. A link to the schedule must be filed with the secretary of state, who publishes the link; (b) upon request from the secretary of state, AllTrack shall provide information concerning a proprietor’s rights and duties for public performance. The secretary of state must post the information on the secretary’s website; (c) AllTrack shall publish a catalog of musical works the society licenses. A link to the catalog must be filed with the secretary of state, who publishes the link; (d) you should consider obtaining a separate license or other form of authorization from those performing rights societies or copyright owners whose copyrighted musical works are not licensed pursuant to AllTrack’s performance right contract; (e) a proprietor has the right to rescind a contract for the payment of royalties for three business days following execution of the contract. FL: (a) a copy of each form of contract or agreement offered by AllTrack to a proprietor in this state shall be made available upon request of any proprietor; (b) you should consider obtaining a separate license or other form of authorization from those performing rights societies or copyright owners whose copyrighted musical works are not licensed pursuant to AllTrack’s performance right contract. MI: (a) upon request, a schedule of the rates and terms of license fees under contracts offered to proprietors of comparable businesses in Michigan within the past 12 months can be made available; (b) there are exemptions that may exclude you from liability under United States copyright laws. The United States Copyright Act is set forth in 17 U.S.C. §§ 101 et seq, with exemptions set forth in 17 U.S.C. §§ 105-110. Please consult your attorney for advice as to the relevance of any exemptions to your premises. MO: AllTrack shall file a printed listing of works licensed by AllTrack with the Attorney General, and provide or make available, upon request, a listing on suitable electronic media to bona fide trade associations representing groups of proprietors. A list shall be provided to the proprietor by electronic or other means, solely at the proprietor’s expense. NE: AllTrack shall file annually with the Department of Revenue an electronic copy of each variation of the performing rights agreement providing for the payment of royalties made available from AllTrack to any proprietor within this state. You are entitled to the information filed with the Department of Revenue pursuant to section § 59-1403.01. NJ: (a) AllTrack shall make available in electronic form on the largest nonproprietary cooperative public computer network a current list of not less than the titles of the performed copyrighted music works for which AllTrack collects public performance license fees on behalf of copyright owners and shall update the list at least weekly and shall provide the electronic address to the Secretary of State; (b) upon request, any person may view the list in electronic form through the Office of the Secretary of State. OK: AllTrack shall give annual notice, in a form prescribed by the Attorney General, that the proprietor is entitled to a schedule or the rates and terms of license fees under the contract. VA: AllTrack shall file with the State Corporation Commission a certified copy of each form of document that is used by AllTrack to enter into a contract with a proprietor doing business in the state and that AllTrack will make available, upon your written request, at your sole expense, copies of such documents as are filed with the department. WV: AllTrack shall, at least annually provide notice of the license fee rate and the means of its computation to proprietor. The notice shall be satisfied if the copyright owner or AllTrack publishes the required information in a Class II-0 legal advertisement in a qualified newspaper published in this state with a bona fide circulation of forty thousand or more, or if the copyright owner or AllTrack files copies of its license agreements containing the information required under subsection (a) of the statute with the secretary of state’s office. WI: (a) upon written request, and at your sole expense, AllTrack shall make the most current list of affiliates and repertory filed with the Wisconsin Department of Agriculture, Trade and Consumer Protection available; (b) AllTrack shall file with the Wisconsin Department of Agriculture, Trade, and Consumer Protection a certified copy of each form used by AllTrack to enter into a contract with a proprietor doing business in the state of Wisconsin. AllTrack shall make available, upon your written request, at your sole expense, copies of such forms filed with the department.