ZIMBABWE MUSIC RIGHTS ASSOCIATION COMPOSER / AUTHOR / PRODUCER MEMBERSHIP APPLICATION FORM Personal Details Title Mr Surname Chiwenga Name Shepherd Pseudonym L'lcool Tiffah Band / Group Name Gender Date of birth Country of Birth T.Y.H.B THE YOUNG HOT BLOOD M 10/12/1990 Zimbabwe Nationality Zimbabwean ID / Passport Number DN429514 Musical Role Composer AuthorYES Arranger Producer (Tick where appropriate) Contact Details Residential Address No 2 Brickfield Road Mt Hampden HRE 1 Email Address cooltiffah@gmail.com Phone Number +27 79 558 0340 Banking Details Account Holders Name Mr Shepherd T Chiwenga Account Number 4125-267721-405 Name of Bank ZB Branch WestGate HRE Next of Kin Title Mrs Full Name Beatrice Relationship Wife Email Address N/A Mkandambile Phone Number Declaration I, hereby apply to be admitted as a member of the Zimbabwe Music Rights Association (ZIMURA) in terms of its Memorandum and Articles of Association. If admitted, I agree to abide by the terms of these documents, as well as the Organisation’s Rules and Regulations. I hereby declare that I am not a member of any performing and /or mechanical rights Organisation or Society in any other country, for ZIMURA territory and that the details contained in this Application form are correct. Signed at Date Applicant’s Signature Musina Nancefield Residence 20/09/2022 s.t.chiwenga 2 LAST WILL AND TESTAMENT In the event of my death I ID Number Shepherd Tafadzwa Chiwenga 63-2233758 F80 Would like my royalties from the Zimbabwe Music Rights Association to be inherited by my (wife, brother, husband, sister, son, daughter etc) Children Name and Surname ID Number Beneficiary’s Address Contact Numbers Cassie, Canaan Chiwenga N/A N/A N/A In the event of my death whilst the beneficiary mentioned above is still a minor my Next of kin him/her. Full Name Address will accompany and assist Beatrice Mkandambile 533 Dulivhadzimo Beitbridge T/s Contact numbers Signed in the presence of each other at Home On (Date and Time) Testator (Signature) Witness (1) Aaliyah Mukwena Address 1870 Dulivhadzimo Beitbridge T/s Signature and ID Number Witness (2) Address Signature and ID Number 20/09/2022 s.t.chiwenga A.Mkwena 28-2012280 L02 Beatrice Mkandambile 533 Dulivhadzimo Beitbridge T/s B.Mkandambile 02-101026 Y02 3 BIOGRAPHY Surname Name Chiwenga Shepherd Tafadzwa Number of Albums to date 1 When did you start your musical career? 2020 When did you record your first album? May 2020 How did you start your musical career? Started as a poet both in primary and secondary school. was also part of the school choir What is your Inspiration? My life and it's sarroundings Accolades/Awards N/A 4 ZIMBABWE MUSIC RIGHTS ASSOCIATION COPYRIGHT DEED OF ASSIGNMENT September 20 22 By this DEED OF ASSIGNMENT made this …………. day of …………………………. 20……. Between (Full Name) Shepherd Tafadzwa Chiwenga ………………………………….……………………………………………………………………….. (ID Number) 63-2233758 F80 ………………………………………………………………………….……………………………… ("herein after referred to as the ‘Assignor’) being a member of the Zimbabwe Music Rights Association and the said ZIMBABWE MUSIC RIGHTS ASSOCIATION (limited by Guarantee) (hereinafter referred to as "the ‘Association’) with its registered Head Office at 1& 3 ASPEN FLATS,80 MENDEL ROAD AVONDALE HARARE the parties agree as follows: 1. In this Deed: (a) The expression ‘musical work’ shall mean any musical work whether now existing or hereafter composed and shall include any song, choral work, the vocal and instrumental music in any cinematograph film, the words and/or music of any monologue having a musical introduction. (b) The expression ‘dramatico-musical work’ shall mean an opera, operetta, musical play, revue, pantomime or sketch, in so far as it consists of words and music written expressly therefore, but shall not include a cinematograph film. (c) The word ‘ballet’ shall mean a choreographic work having a story, plot or abstract idea, devised or used for the purpose of interpretation by dancing and/or miming, but shall not include country or folk dancing, nor tap dancing, nor precision dance sequences. (d) The expression ‘record’ shall mean any disc, tape, perforated roll or other carrier medium or device on or in which musical works or sounds including musical works are embodied, fixed or stored so as to be capable of being automatically reproduced therefrom with or without the aid of some other device. (e) The expression ‘mechanical right’ shall mean in respect of any musical work the right to make or cause to be made in any part of the world, a record or records embodying that work, including the making of records(resulting from reproduction by any means) for purposes of: letting, offering or exposing the musical works for hire by way of trade, directly or indirectly: broadcasting the musical works, transmitting the musical works in a cable or diffusion service, communicating the musical works to the public, using the musical works by means of the internet and in electronic multimedia products and in any new media applications, using the musical works in telecommunications services, including use as ringtones, any performance of the works, as well as the right of authorizing the said acts. (f) The expression ‘synchronization right’, in respect of a musical work composed or written primarily for inclusion in the soundtrack of a specific cinematograph film, advertisement, documentaries, the production of which was contemplated at the time of the commissioning 5 of the musical work, shall mean the right to reproduce such musical work, or authorize the reproduction thereof in all parts of the world on the soundtrack. (g) The expression ‘performing right’ shall mean and include, subject to the exceptions set out below, the right of performing in public, broadcasting and causing to be transmitted in a cable or diffusion service, in all parts of the world, by any means and in any manner whatsoever, all musical works, and the right of authorising any of the said acts. Unless expressly authorised, shall not include the right of performing in public, broadcasting, causing to be transmitted in a cable or diffusion service or of authorising any of the following classes of works unless such acts are done by means of cinematograph films: (i) dramatico-musical works in their entirety; (ii) excerpts from dramatico-musical works consisting of a complete act; (iii) excerpts from dramatico-musical works which, not consisting of a complete act, have a total duration exceeding twenty(20) minutes when broadcast by television, or twenty-five(25) minutes when broadcast by sound radio or performed otherwise than by broadcasting, and excerpts which, not consisting of a complete act and not exceeding the durations mentioned in this paragraph, form a consecutive sequence which preserves all the essential elements of the original work and does not interrupt the dramatic action; (iv) the music and any words associated therewith composed or used for a ballet, if any, accompanied by a visual representation of such ballet exceeding fifteen (15) minutes in the total duration or fifty per cent (50%) of the total length of the ballet. (h) The word ‘performance’ shall mean, unless otherwise stated, any mode of acoustic presentation taking place in public, and also any acoustic presentation effected by means of broadcasting, the transmitting thereof by means of a cable or diffusion service, the exhibition of a cinematograph film, the use of an electronic or computing device, digital sound carrier, record or tape, or by any other means whatsoever, and references to the words ‘perform’ and ‘performing’ shall be construed accordingly. 2. The Assignor hereby assigns to the Association All Performing Rights as well as all (tick where appropriate) Type Mechanical Rights Synchronization Rights Yes No YES YES in all musical works which now belong to, acquired or created by the Assignor during the continuance of the Assignor’s membership of the Association, to hold the same unto the Association for its exclusive benefit during the residue of the terms for which the rights assigned shall respectively subsist, or during such time as (in accordance with the provisions of the Articles of Association for the time being in force) the rights remain vested in or controlled by the Association. 6 3. The Association shall, upon signing of this deed, commence administering the rights acquired in terms of this agreement and the Assignor accepts all decisions, acts, deeds, or other arrangements at any time made, concluded or executed by the Association. The Assignor accepts that it may be necessary for the Association to enter into agreements with similar or other societies, persons or entities in order to ensure the effective and efficient administration of the assigned rights. The Assignor also acknowledges that the Association’s administration of mechanical rights may in future cover exploitation by means of usages and media that were not envisaged at the time of the signing of this agreement and has no objection to this. 4. The Association will from time to time pay the Assignor such sums of money out of the monies collected by the Association in respect of the use of the works of its members as the Assignor shall be entitled to receive in accordance with the Rules of the Association for the time being in force. 5. The Assignor has good right and full power to assign the rights assigned in the manner aforesaid to the Association. The Assignor will at all times keep the Association harmless and indemnified against all loss, damage, costs, charges and expenses which the Association may suffer or incur in respect of the exercise by the Association of any of the rights assigned. The Assignor shall execute and make all such acts, deeds, power of attorney, assignments, and Association may from time to time reasonably require. Signed by or for and on behalf Assignor s.t. chiwenga Signed for and on behalf of the Association 1. Name 2.Name ID Number ID Number Signature Signature Date Date 7 MEMBERSHIP RULES AND REGULATIONS Definition of Terms a) Association: shall mean Zimbabwe Music Rights Association b) Affiliated Society means any of the societies in other countries, having objects similar to those of the Association, with which the Association is for the time being affiliated. c) Author (lyrics) the original creator/writer of the text. d) Composer (music) the creator of the music. e) Council means the Council for the time being of the Association, as constituted and authorised to act pursuant to the Association’s Articles of Association. f) In writing means written or printed, or partly written and partly printed. g) Member means and includes any full Member, associate Member, or candidate Member elected to membership of the Association pursuant to the Association’s Articles of Association. h) Patronym means real name of a composer. i) Persons interested in a work means and includes any Member whom the Council in its discretion from time to time determines to be the composer, author or publisher of a work as above defined or proprietor of any of the rights in such work which, under the Articles, may be administered by the Association; and any person elected to membership as the successor of a deceased member or other deceased person whom the Council in its discretion determines to have been the composer, author or publisher of such work or proprietor of any such rights in such work; and any affiliated society. j) Pseudonyms are names used for composing purposes or stage names k) Publisher in respect of any work means any Member who has acquired the publishing right or license in the work and who has given an undertaking to use all reasonable endeavours to exploit the work for the benefit of the persons concerned and who has either: • Published the work in the normal manner customary in the music trade, or • Filed with the Association a certificate signed by the writer(s) of the work authorising the Association to treat the Member as otherwise exploiting the work for the benefit of the persons interested therein; provided that such certificate shall have no effect if at the time it was given or at the time the publisher acquired the publishing right or license in the work, the writer(s) had no interest in the copyright in the work. l) Share means such proportion of the net fee as may be allocated to a person interested in a particular work. m) Work means a work in which the Society owns or controls any of the rights which, under the Articles, may be administered by the Association. ZIMURA Head Office: 3 Aspen Flats, 80 Mendel Road, Off Sam Nujoma St Ext. Avondale, Harare, Zimbabwe Tel: 08644119650/04-336185/339011 WhatsApp: +263 780 147 114 Email: zimuramembership@gmail.com Website: www.zimura.co.zw Please Note: The masculine gender shall also denote the feminine Rule 1 Every Member, upon his admission, shall declare his works in the manner prescribed by the Association including those works where he is an interested party, to the Association, as and when he creates the musical works. The Association shall not be responsible for any royalty loss or damage sustained by any member by reason of his failure to comply with the provisions of this Rule. Rule 2 Royalties can only be claimed on works declared to the Association by the Member or a Publisher where that Publisher has interests in the said declared works. 8 Rule 3 All Royalties should be claimed from the Association within three years from the date they become payable. Failure to do so will result in those royalties being forfeited by way of a transfer to the Association’s next Distribution Pool. Rule 4 Proper procedures should be followed should a Member wish to transfer his membership to an Affiliated Society. Dual membership is only allowed where territorial administration is specified. Rule 5 Each Member should update the Association as and when his personal contact or any other details change for administration purposes. Rule 6 Members are obliged to attend the Annual General Meetings for them to keep abreast with the Association’s operations and also be able to air their views, recommendations and /or suggestions. Rule 7 A Member shall not rearrange other member’s works without the owner’s consent. The Association assists in contacting the rightful owners. ZIMURA Head Office: 3 Aspen Flats, 80 Mendel Road, Off Sam Nujoma St Ext. Avondale, Harare, Zimbabwe Tel: 08644119650/04-336185/339011 WhatsApp: +263 780 147 114 Email: zimuramembership@gmail.com Website: www.zimura.co.zw Rule 8 Every Member shall refrain from doing anything that prejudices the success and interests of the Association and its membership. Rule 9 A member is required to ask for a ZIMURA license at any entertainment venue or business premise that plays music publicly. Where a member finds a premise/s without a valid license he should notify the office. Rule 10 Each Member apart from his Patronym may not use more than two pseudonyms. Any changes in pseudonyms should be notified to the Association in writing immediately. A change of name or maiden name should be supported with proper legal documents. Rule 11 Each Member is obliged to fill in the will and testament upon admission to the Association. Any alterations and/ or amendments of the beneficiary’s details should be submitted to the Association immediately. Rule 12 Any disputes among Members should be resolved at the office by the Dispute Resolution Committee failure of which they can be referred to Zimbabwean Courts for the law to take its course. Rule 13 A member who has attained Full membership shall wait for six months “waiting period” before he can benefit from the Funeral Scheme. Should a Member pass on, the immediate family must notify the Association immediately. Funeral assistance can only be processed upon notification of the death of a member within twelve months. Claims received after twelve months will not be processed. 9 Rule 14 The Association shall deduct ten percent of the net royalties due to non- Members to cover administration costs. ZIMURA Head Office: 3 Aspen Flats, 80 Mendel Road, Off Sam Nujoma St Ext. Avondale, Harare, Zimbabwe Tel: 08644119650/04-336185/339011 WhatsApp: +263 780 147 114 Email: zimuramembership@gmail.com Website: www.zimura.co.zw Rule 15 Any misconduct by a member deemed serious by the Association, may result in the suspension or termination of membership. Rule 16 In the event that membership has been cancelled, should one wish to be re-considered, he may reapply after five years from the date of cancellation. Re-admission into membership is not automatic, its subject to approval by the Board. Rule 16(i) If membership is suspended re-instatement would be automatic after a period of three years. Declaration Shepherd Tafadzwa Chiwenga 63-2233758 F80 I……………………………………………………………………… ID. No…………………………………………………being in my sober senses hereby accept to be admitted as a member of the Zimbabwe Music Rights Association (ZIMURA) in terms of its Memorandum and Articles of Association. I declare to abide by the terms of this document, as well as its Membership Rules and Regulations. Home 20 22 September Signed at…………………………………….. on this……………day of………………………………….20……… s.t.chiwenga Signature…………………………………………………………… Signed for and on behalf of the Association………………………………………………………………… 10