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- GENERAL DUTIES
- THE TERM
- REPRESENTATION, WARRANTIES & AGREEMENTS
- GENERAL PROVISIONS
This ‘ARTIST MANAGEMENT AGREEMENT’ (“Agreement”) is made by and entered into between
[ARTIST NAME] (the “Artist”) and [MANAGER NAME] (the “Manager”), and is executed as a binding agreement as of the Effective Date (Artist and Manger are sometimes herein referred to collectively as the “Parties” or individually as a “Party”).
BACKGROUND AND PURPOSE
- WHEREAS, Artist wishes to obtain advice, guidance, counsel, and direction in the development and furtherance of his career as a musician, recording, and performing artist and in such new and different areas as his artistic talents can be developed and exploited; and
- WHEREAS, Manager by reason of Managers contacts, experience and background, is qualified to render such advice, guidance, counsel, and direction to Artist;
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 Manger agree as follows:
Artist hereby appoints Manager as the Artist’s sole personal manager in all matters usually and normally within the jurisdiction and authority of personal manager, including but not limited to the advice, guidance, counsel, and direction specifically referred to in Paragraph 1 hereof. Artist agrees to seek such advice, guidance, counsel, and direction from Manager exclusively and agrees that he will not engage any other agent, representative, or manager to render similar services, and that he will not perform said services on his own behalf and he will not negotiate, accept, or execute any agreement, understanding, or undertaking concerning his career as an actor, musician, recording and performing artist without Manager’s prior consent.
Manager is not required to render exclusive services to Artist or to devote his entire time or the entire time of any of Manager’s employees to Artist’s affairs. Nothing herein shall be construed as limiting Manager’s right to represent other persons whose talents may be similar to or who may be in competition with Artist or to have and pursue business interests which may be similar to or may compete with those of Artist.
Artist hereby irrevocably appoints Manager for the term of this Agreement and any extensions hereof as his true and lawful attorney-in-fact to sign, make, execute, accept, endorse, collect and deliver any and all bills of exchange, checks, and notes as his said attorney; to demand, sue for, collect, recover, and receive all goods, claims, money, interest and other items that may be due him or belong to him; and to make, execute, and deliver receipts, releases, or other discharges therefore under sale or otherwise and to defend, settle, adjust, compound, submit to arbitration and compromise all actions, suits, accounts, reckonings, claims, and demands whatsoever that are or shall be pending in such manner and in all respects as in any way limiting the foregoing; generally to do, execute and perform any other act, deed, or thing whatsoever deemed reasonable that ought to be done, executed, and performed of any and every nature and kind as fully effectively as Artist could do if personally present; and Artist hereby ratifies and affirms all acts performed by Manager by virtue of this power of attorney.
Artist expressly agrees that he will not on his own behalf exert any of the powers herein granted to Manager by the foregoing power of attorney without the express prior written consent of Manager and that all sums and considerations paid to Artist by reason of his artistic endeavors may be paid to Manager on his behalf.
It is expressly understood that the foregoing power of attorney is limited to matters reasonably related to Artist’s career as a musician, actor, recording and performing artist and such new and different areas within which his artistic talents can be developed and exploited. Artist agrees and understands that the power of attorney granted to Manager is coupled with an interest which Artist irrevocably grants to Manager in the career of Artist, in the artistic talents of Artist, in the products of said career and talents and in the earnings of Artist arising by reason of such career, talents, and products.
Simultaneously with the execution of this Agreement, Artist shall execute a short form power-of-attorney which Manager shall be entitled to file in any jurisdiction.
- GENERAL DUTIES
Manager agrees to render such advice, guidance, counsel, and other services as Artist may reasonably require to further his career as a musician, composer, actor, recording, and performing artist, and to develop new and different areas within which his artistic talents can be developed and exploited, including but not limited to the following services:
(a) To represent Artist and act as his negotiator, to fix the terms governing all manner of disposition, use, employment or exploitation of Artist’s talents and the products thereof; and,
(b) To supervise Artist’s professional employment, and on Artist’s behalf, to consult with employers and prospective employers so as to assure the proper use and continued demand for Artist’s services; and
(c) To be available at reasonable times and places to confer with Artist in connection with all matters concerning Artist’s professional career, business interests, employment, and publicity; and,
(d) To exploit Artist’s personality in all media, and in connection therewith, to approve and permit for the purpose of trade, advertising and publicity, the use, dissemination, reproduction or publication of Artist’s name, photographic likeness, facsimile signature, voice and artistic and musical materials; and,
(e) To engage, discharge and/or direct such theatrical agents, booking agencies and employment agencies, as well as other firms, persons or corporations who may be retained for the purpose of securing contacts, engagements or employment for Artist; and,
(f) To represent Artist in all dealings with any union; and,
(g) To exercise all powers granted to Manager pursuant to Paragraph 4 hereof.
- THE TERM
The term of this Agreement will continue for [NUMBER] ([#]) years after the date of execution of this Agreement, except that Artist may terminate this Agreement at the end of any year if the Artist fails to earn gross income (as defined in this Agreement), according to the following schedule:
(a) At least [$AMOUNT] ([$####]) during the first year of the Management Agreement; or
(b) At least [$AMOUNT] ([$####]) during the second year of the Management Agreement.
(a) Commission During The Term – Manager is entitled to [PERCENT] ([##%]) of Gross Revenues received by Artist during the term. “Gross Revenues” is all money including advances and fees received by Artist in connection with Artist’s entertainment-related activities but excluding recording funds advanced by a record company, money paid to make videos, payments to record producers, musicians, mixers, remixers, directors, website developers, engineers, or any other individuals involved in the creation of audio or audiovisual recordings, payments to non-band-member cowriters or copublishers, tour support, booking agent fees, payments to opening acts, expenses in connection with promotional and marketing activities and independent promotion, marketing, or publicity, income from music publishing and songwriting, income from any entertainment presentations which Manager packages or presents and for which Manager receives a portion of the ticket revenues for packaging or presenting the event, payments to non-band-member musicians, any reimbursements received by Artist for expenses paid out of Gross Revenues, payments for Artist website creation and maintenance, income from recording studios, acting, or other entertainment or other non-artist-performance sources of revenue.
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