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CONTRACT CONTENTS

ARTICLE I

  • APPOINTMENT
  • GENERAL DUTIES
  • RIGHTS OF THE AGENT
  • COMPENSATION OF THE AGENT
  • DURATION AND TERMINATION OF AGREEMENT
  • INDEPENDENT CONTRACTOR
  • INDEMNIFICATION BY THE AGENT
  • NO ASSIGNMENT OF THIS AGREEMENT
  • DAMAGES

ARTICLE II

  • GENERAL PROVISIONS

CONTRACT SAMPLE

 

This ‘AGENT-ARTIST CONTRACT (EXCLUSIVE)’ (“Agreement”) is made by and entered into between [ARTIST NAME] (the “Artist”) and [AGENT NAME] (the “Agent”), and is executed as a binding agreement as of the Effective Date (Artist and Agent are sometimes herein referred to collectively as the “Parties” or individually as a “Party”).

BACKGROUND AND PURPOSE

WHEREAS, the Artist desires to appoint the Agent, and the Agent desires to accept appointment, as an exclusive the Agent of the Artist to provide booking and management services as set forth herein.

NOW THEREFORE, in consideration of the mutual promises and other good and valuable consideration considered hereinafter, the receipt and sufficiency of which are acknowledged by the Parties, the Artist and the Agent agree as follows:

 

ARTICLE I

  1. APPOINTMENT

The Artist hereby appoints the Agent and the Agent hereby accepts appointment as the Artist’s exclusive booking the Agent, manager and representative throughout the world for services, appearances and endeavors.

  1. GENERAL DUTIES

(a)  The Agent agrees to use reasonable efforts performing the following duties:

(i)   Assist the Artist in obtaining and negotiating engagements for the Artist’s professional career;

(ii)   Promote and publicize the Artist’s name and talents;

(iii)  Business correspondence on the Artist’s behalf; and

(iv)  Cooperate with duly constituted and authorized representatives of the Artist in the performance of such duties.

(b)  The Agent will maintain office, staff and facilities reasonably adequate to perform these services. the Artist is familiar with the Agent’s present office, staff and facilities and acknowledges these as reasonably adequate.

(c)  The Agent shall maintain such records as may be required by the [STATE AND/OR COUNTRY] pursuant to any laws governing this industry or agreement.

(d)  The Agent will devote adequate time and effort to perform its obligations.

  1. RIGHTS OF THE AGENT

(a)  The Agent may render similar services to others and may engage in other business and ventures. However, the Agent’s other engagements may not interfere with the duties of the Agent stated in this agreement.

(b)  The Artist will promptly refer to the Agent all communications, written or oral, received by or on behalf of the Artist .

(c)  The Artist will not engage any other person, firm or corporation to perform the Agent’s services (except a personal manager) or perform or appear professionally or offer to do so, except through the Agent.

(d)  The Agent may publicize the fact that he or she is the exclusive booking the Agent and representative for the Artist .

(e)  The Agent shall have the right to use or to permit others to use the Artist’s name and likeness for advertising or publicity relating to the Artist’s services and appearances (without cost or expense to the Artist , unless the Artist agrees in writing).

(f)   In the event of the Artist’s breach of this Agreement, the Agent’s sole right and remedy shall be the receipt of the commissions specified in this Agreement from the Artist , but only if the Artist receives money or other consideration on which commissions are payable.

(g) The Artist hereby acknowledges that agent’s knowledge of a working relationship with employers of Artist’s services is essential and important in the securing of employment for Artist whether as a single or ongoing engagement and that such employers identify Artist with agent. Therefore the Artist will not play back at or negotiate to play back for any employer which was contracted originally through agent for SIX (6) months past termination of this contract without paying full commissions on those engagements. SIX (6) months is further acknowledged in light of the circumstances of Artist’s and Agent’s trade as a period beyond which employers would no longer reasonably identify Artist with Agent.

  1. COMPENSATION OF THE AGENT

(a)  Sole Compensation – the Artist agrees to pay the following commissions on the gross funds directly or indirectly received by the Artist for each engagement:

(i)   TEN (10%) percent of the gross moneys received for a single or consecutive night performance engagement at any venue.

(ii)   TEN (10%) percent of all gross moneys received from the sale of records, albums, CDs, MP3 files, or other electronic music distribution methods.

(iii)  TEN (10%) percent of all gross moneys received from merchandising or any other revenue generating activity arranged by or involving the Agent.

(b)  Time of Payment – Commissions shall be due and payable to the Agent by check or money order. Funds must be payable to [NAME AND ADDRESS] for the full amount due within [HOURS] ([##]) hours after completion of engagement. In the event the Artist fails to pay any commissions when due, the Agent may, at his or her discretion, refuse to secure further engagements for the Artist until said commissions are paid. The refusal to secure further engagements for the Artist because of failure to pay shall not constitute a breach on the part of the Agent to secure the minimum number of engagements as follows:

Continued…

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