Artist Management Agreement Sample
Artist Management Agreement Sample
1. TERM: Manager is hereby engaged as the exclusive personal manager and advisor to Artist
for one (1) year (hereinafter the "Initial Term") from the effective date of this Agreement. Artist
hereby irrevocably grants to Manager the option to extend the Initial Period upon the same
terms and conditions of the Initial Period for three (3) further consecutive renewal periods
("Option Period"). Each Option Period shall be exercised automatically, unless Manager gives
written notice to Artist within thirty (30) days prior to the date that the Initial Term or Option
Period would otherwise expire, that Manager does not intend on exercising its right to exercise
the right to extend this Agreement under the respective Option Period.
2. SERVICES:
(A) Manager agrees during the term of this Agreement to advise, counsel and assist
Artist in connection with all matters relating to Artist's career in all branches of the music
industry, including, without limitation the following:
(ii) with respect to the adoption of the proper format for presentation of
Artist's talents and in the determination of proper style, mood and setting
in keeping with Artist's talents and best interest;
(v) with respect to matters pertaining to such matters as Manager may have
knowledge concerning compensation and privileges extended for similar
artistic values such as songwriting, merchandise, endorsements, etc.;
(vi) with respect to agreements, documents and contracts for Artist's services,
talents, and/or artistic literary and musical materials, or otherwise; and
(vii) with respect to the selection, supervision and coordination of those
persons, firms and corporations who may counsel, advise, procure
employment, or otherwise render services to or on behalf of Artist, such as
accountants, attorneys, business managers, publicists and talent agents.
(B) Manager shall be required only to render reasonable services which are called for by
this Agreement as and when reasonably requested by Artist. Manager shall not be required to
travel or meet with Artist at any particular place or places, except in Manager's discretion and
following arrangements for cost and expenses of such travel, such arrangements to be mutually
agreed upon by Artist and Manager.
(C) WE UNDERSTAND YOU ARE NOT A BOOKING AGENCY AND HAVE NO OBLIGATION
TO ACT AS OUR BOOKING AGENT OR PROCURE EMPLOYMENT FOR US.
3. EXPENSES:
(A) Artist agrees to reimburse Manager currently for any and all reasonable expenses
which Manager may incur on Artist's behalf or on Artist's account, including but not limited to
those in connection with postal correspondence, long distance telephone calls, telegrams,
publicity materials, and travel expenses (provided that Artist has requested that Manager travel
outside of __________________, County, ___________ on Artist's behalf). However, Manager
may not incur any single expense in excess of fifty dollars ($ 50.00) without Artist’s prior
approval. Manager and Artist may by mutual agreement agree to provide Manager with a
retainer against costs to kept in a trust fund for Artist which expense incurred on behalf of Artist
will be reimbursed to Manager.
(B) Reimbursement of expenses as aforesaid shall be due within seven (7) days after
receipt by Artist of itemized statements setting forth the nature and amount of each such
expense. During the term of this agreement and for a period of two (2) years thereafter,
Manager shall keep and maintain reasonable documentation of each and every expense for
which Manager request reimbursement by Artist and all such documents shall be provided to
Artist or Artist's designee for examination promptly after Artist's request therefor.
4. COMPENSATION :
(A) Since the nature and extent of the success or failure of Artist's career cannot be
predetermined, it is Artist's desire that Artist's compensation be determined in such manner as
will permit Manager to accept the risk of failure and likewise to benefit to the extent of Artist's
success. As compensation for Artist's services, as hereinabove described, Artist agrees to pay
Manager, as and when received by Artist, and the compensation to Manager hereunder shall be
payable only with respect to gross monies or other considerations actually received by Artist as
follows:
(b) gross monies in perpetuity, during the term of this Agreement and
after its termination, derived from the sale of master recordings
(“Masters”) or Audio Products derived from the Masters, that are
recorded during the term hereof. "Audio Products" shall mean all
forms of sound reproductions whether now known or unknown, on
or by which sound may be recorded for later transmission to
listeners, embodying sound, including, without limitation, discs of
any speed or size, vinyl, compact disc, reel-to-reel tapes, cartridges,
cassettes, audiovisual recordings, computer files, digital formats and
other configurations that may be sold or delivered to a consumer by
any physical delivery method or by Electronic Transmissions.
(c) gross earnings monies during the term of this Agreement only, on the
exploitation and sale of Masters and Audio Products derived from
Masters, recorded prior to this Agreement. Upon written approval of
Artist, Manager shall have the right during the term of this Agreement
to exclusively administrate the exploitation of Masters recorded prior
to this Agreement.
(d) gross monies on any and all Artist's activities in connection with
music publishing, or the licensing or assignment of any
compositions composed by Artist alone or in collaboration with
others during the term of this Agreement;
(f) net monies on all merchandise that Artist may sell directly or
authorize someone to produce and sell that may contain Artist's
name or likeness including any and all product endorsements Artist
may acquire during the term hereof. However, Manager shall not
receive any commissions until all reasonable merchandise costs are
recouped by Artist. Artist agrees to present all receipts for
merchandise costs to Manager within ten (10) days of incurring such
costs;
(g) gross monies on any and all live performances or appearances less
those deductions for "sound and lights" as set forth in this
Agreement; and
(h) gross monies or any and all other considerations which Artist may
earn during the term hereof as a result of Artist's activities in and
throughout the entertainment, amusement, music, recording,
publishing and literary fields not specifically listed herein that may
be derived or created in the future. The term "entertainment,
amusement, music, recording, publishing and literary fields" shall
include any and all branches of such fields now existing or hereafter
developed, conceived, including, but without limiting the generality
of the foregoing, the following: motion pictures, free and pay
television, television or radio commercials, home video, literary
endeavors, theatrical engagements, legitimate stage, personal
appearances, concerts, public appearances in places of amusement
and entertainment, Audio Products and recordings, publishing,
publications, radio, and the use of Artist's name, likeness and/or
talent for purposes of merchandising, commercial exploitation,
advertising and/or trade or any income derived from Artist's
trademark.
(B) Artist agrees to pay Manager with respect to gross monies or other considerations
over the amount of two hundred thousand dollars ($200,000) during the Initial Term or any
Option Period a sum equal to twenty five percent (25%) of such amounts in excess of two
hundred thousand dollars ($200,000). Artist agrees to pay Manager with respect to gross
monies or other considerations which Artist earns following the expiration of the Term of this
Agreement in connection with any and all engagements, contracts and agreements entered into
or substantially negotiated by Manager on Artist's behalf or by Artist during the term hereof
relating to any of the foregoing, and upon any and all extensions, modifications, renewals and
substitution thereof; and upon any such resumption of such engagements, contracts, and
agreements which may have been discontinued during the term hereof and resumed within one
(1) year thereafter, Artist will pay Manager a sum equal to Fifteen Percent (15%).
(D) Manager is hereby authorized to receive, on Artist's behalf, all "gross monies" and to
deposit all such funds into a separate trust account in a bank or savings and loan association.
Manager shall have the right to withdraw from such account, upon prior notice to Artist of
doing so, all expenses and commissions to which Manager is entitled hereunder and shall remit
the balance to Artist or as Artist or as Artist shall direct. Notwithstanding the foregoing, Artist
may, at any time, require all "gross monies" to be paid to a third party such as a business
manager, provided that such party shall irrevocably be directed in writing to pay Manager all
expenses and commissions due hereunder.
(E) Manager's percentage share shall extend to all gross monies , excluding reasonable
attorney's fees, which Artist may receive from all judgments, awards, settlements, payments,
damages, and proceeds relating to any suits, claims, actions and proceedings arising from
Artist's alleged breach of nonperformance by others of any such engagements, contracts, and
agreement referred to above. The term "gross monies" as listed herein shall include, without
limitation, salaries, earnings, fees, royalties, gifts, bonuses, share of profit and other
participations, shares of stock, partnership interests, percentages, music related income, earned
or received directly or indirectly by Artist or Artist's heirs, executors, administrators or assigns,
or by any other person, firm or corporation on Artist's behalf. The term "net monies" shall
mean gross monies or other considerations less all reasonable expenses incurred or expended
in respect to such employment, agreement, production, or commissionable income.
(F) Notwithstanding the foregoing, with respect to Artist's personal appearances, there
shall, for purposes of computing commissions hereunder, be deducted from "gross monies” or
other considerations earned by Artist in respect thereof, when applicable, the amount, if any,
which shall be payable by Artist or on Artist's behalf in respect of so-called "sound and lights"
for such engagements. In addition, the term "gross monies or other considerations" shall
specifically not include actual recording costs (Audio Products and videos), paid by Artist or on
Artist's behalf, monies payable to Artist by any entity which such monies are contractually
required to be paid to another record company (i.e., and "override"), payments used for tour
support (documentation as tour expenses incurred shall be available upon reasonable request)
and bona fide loans. Further, your percentage share shall not extend to individual activities
which are not related to us as a band such as individual studio performances, live performances
in other bands which we may be associated with or individual songwriting activities unless we
request your administration or management of such activities. Such request shall be in writing
from us to you.
(G) In the event, during the term of this Agreement, Manager financially assists in the
production of a Masters that is distributed as an Audio Product, the following terms shall
control:
i. the Master shall be jointly owned by Manager and Artist. Neither
party shall have the right to release, manufacture, license, sell or
dispose of the Master without the written agreement of the other. If
the parties agree to release any of the Masters for distribution or
sale as an Audio Product, then Manager, shall have the exclusive
right in perpetuity to administrate the exploitation of the Master for
sales of Audio Products by granting licenses to third parties for
distribution, collecting all sums due, paying royalties, etc.
ii. Manager shall pay to Artist fifty percent (50%) of all net receipts
(“Net Receipts”) attributed to the exploitation of the Master. Net
Receipts for purpose of this paragraph shall mean all sums collected
from the exploitation of the Masters after payment of Expenses.
Expenses for purposes of this paragraph shall mean all costs paid by
Manager or Artist associated with the creation, promotion or sale of
any configuration embodying the Master. Manager and Artist shall
be reimbursed any expense on a pro-rata basis from gross receipts
received from any exploitation of the Master first prior to any profits
being paid. Manager shall provide an accounting and pay Artist any
Net Receipts within thirty (30) days of the end of a calendar quarter
being the months of March, June, September and December.
iii. Any terms set forth in this Agreement related to the rights and
responsibilities of the parties shall apply equally to the exploitation
of the Master unless set specifically set forth herein to the contrary.
Manager shall only be entitled to compensation from the sales of
the Master as set forth in this paragraph 4 (G) and shall not be
entitled to a separate commission as set forth in paragraph 4 (A).
5. INDEPENDENT ACTIVITIES: Manager's services hereunder are not exclusive. Manager shall at
all times be free to perform the same or similar services for others, as well as to engage in any
and all other business activities.
6. EXCLUSIVITY: Artist agrees not to employ during the term hereof any other person or entity
to act for Artist in the capacity in which Artist has engaged Manager hereunder. This paragraph
shall not restrict Artist from employing or engaging professional personnel unrelated to
personal management including but not limited to an Attorney, Business Manager, Booking
Agent, etc.
7. CONSULTATION: Artist shall refer to Manager all verbal or written leads, communications, or
requests for the rendition of Artist's services. Artist shall consult with Manager concerning each
and every engagement, performance, booking or contract offered to Artist and Artist shall also
consult with Manager regarding each engagement, performance, booking or contract that Artist
accepts.
(A) approve and permit any and all publicity and advertising;
(B) approve and permit the use of Artist's name, photograph, likeness, voice, sound
effect, caricature, literary, artistic and musical materials for purposes of advertising and publicity
and in the promotion and advertising of any and all products and services;
(C) execute for Artist on Artist's behalf any and all agreements, documents, and
contracts for Artist's services, talents and/or artistic, literary and musical materials, provided
Artist are unavailable to do the same on Artist's behalf, Artist has been apprised of the material
terms thereof and Artist has granted Manager the authority to execute such agreements in each
specific instance; however, Artist shall execute all major contracts in the areas of recording,
distribution, publishing and merchandising except that in the case of agreements licensing or
exploiting Masters and Audio Products created under Paragraph 4 (G) for which Manager shall
have exclusive administrative and decision making rights ; and
(D) collect and receive sums as well as endorse Artist's name to all checks payable to
Artist for Artist's services and deposit these checks in Artist's bank accounts.
9. FURTHERANCE OF CAREER: Artist agrees at all times to devote itself to the furtherance of
Artist's career and to do all the things therefrom. Artist will not enter into any agreement or
commitment that shall in any manner interfere with Manager carrying out the terms and
conditions of this Agreement.
10. LOANS: Manager is not required to make any loans or advances to Artist for Artist's
account, but if Manager does so, Artist shall repay them promptly, and Artist hereby authorizes
Manager to deduct the amount of any such loans or advances from any sums Manager may
receive for Artist's account.
11. KEY MAN: Manager shall appoint one representative from Manager's Company to handle
the daily affairs of Artist and act as Key Man. Artist and Manager shall mutually agree to the Key
Man, however, in the event of a dispute the decision of Manager shall control. The Artist's Key
Man at the time of this Agreement is ______________. In the event Artist's Key Man leaves
Manager's Company, then a new Key Man from Manager's company shall be decided by mutual
agreement of the parties.
12. JURISDICTION: This agreement shall be construed in accordance with the laws of the State
of ____________________ governing contracts wholly executed and performed therein, and
shall be binding upon and inure to the benefit of the parties' respective heirs, executors,
administrators, and successors. In the event of any dispute under of relating to the terms of this
Agreement, or the breach, validity or legality thereof, it is agreed that the same by adjudicated
in the State of _________________ and the laws of ______________ shall apply. In the event
of litigation or arbitration, the jurisdiction shall be ______________, County, _______________
and the prevailing party shall be entitled to recover any and all attorney's fees and other costs
incurred in the enforcement of the terms of this Agreement, or for the breach thereof.
13. MISCELLANEOUS:
(A) This Agreement constitutes the entire agreement between Artist and Manager
relating to the subject matter hereof. A waiver by either party hereto or a breach of any
provision herein shall not be deemed a waiver of any subsequent breach, nor a permanent
modification of such provision. Each party acknowledges that no statement, promise or
inducement has been made to such party, except as expressly provided for herein. This
Agreement may not be changed or modified, or any provision waived, except by an agreement
in writing, signed by the party against whom enforcement of the change, modification or waiver
is sought.
(B) This Agreement shall not be constructed as creating a partnership between Manager
and Artist. It is specifically understood that Manager is acting hereunder as an independent
contractor.
(C) No breach of this Agreement by either party shall be considered material unless
within ten (10) days after a party acquires knowledge thereof or facts sufficient to put such
party upon notice of any such breach, such non-breaching party serves written notice thereof
upon the breaching party by registered mail at the above written address and the breaching
party does not cure said breach within thirty (30) days after receipt of such notice.
(D) Artist shall cause any corporation, partnership, trust or other business entity which
Artist now owns or controls, or may hereafter own or control or in which Artist has a direct or
indirect interest of any nature or sort, or which is directly or indirectly controlled by Artist or
under the common control of Artist and others (hereinafter "firm") and which firm has the right
to Artist's services, to enter into an agreement with Manager on the same terms and conditions
as contained in this Agreement.
(E) Artist represents and warrants that Artist has been advised of Artist's right to seek
legal counsel of Artist's own choosing in connection with the negotiation and execution of this
contract and any other contracts which may be consummated by Artist during the term
hereof either with Manager or with third parties.
(F) Each member of Artist represents and warrants that he or she is over the age of
eighteen (18) years of age and each member of Artist is wholly free to enter into this contract
and to grant the rights herein granted to Manager, and that Artist is not a party to any
agreements, and that Artist do not have any obligations, which conflict with any of the
provisions hereof.
(G) All notices to Manager hereunder and payments to Manager hereunder shall be
sent to Manager's address written below. All notices to Artist shall be sent to the address
written below.
(H) This Agreement, or any part of Artist's rights hereunder, may be assigned to any
partnership or corporation which Artist creates to provide Artist's services typically referred to
as a "Loan Out Company" ("Loan Out Company"). Artist agrees to direct the Loan Out Company
to execute any necessary documents obligating the Loan Out Company to carry out the terms of
this Agreement. If Manager is a sole proprietorship, Manager shall have the right to assign it to
a partnership or Corporation that Manager retains a controlling ownership interest. If this
Agreement is with a partnership, Manager shall have the right to assign it to a corporation in
which any of the partners is a stockholder or by which any of the partners is employed, to
another partnership consisting of one or more of the same partners, or to one or more of the
partners. If this Agreement is with a corporation, Manager shall have the right to assign it to an
individual who is a stockholder, or to another corporation which acquires all or substantially all
of Manager's assets.
(I) This Agreement shall be deemed between Manager, on the one hand, and Artist,
individually, and collectively, and each of the undersigned shall be jointly and severally liable for
the performance of each and all of Artist's separate and collective obligations hereunder. All
provisions hereof shall apply to each of the undersigned, individually and collectively, as if each
of the undersigned had executed separate contracts with Manager, and regardless of the name
or names under which any or all of the undersigned may perform. If this Agreement is
terminated for any reason whatsoever as to any of the undersigned, it is agreed that this
Agreement shall remain in full force and effect as to each of the undersigned with whom this
Agreement is not terminated. In the event any members of Artist change or are added, the
remaining members shall require such new member to execute a copy of this Agreement
Manager:
By: __________________________________
Address: ___________________________
___________________________
___________________________
Artist:
____________________________
____________________________
Printed Name:
SSN: ________________________
Address: ___________________________
___________________________
___________________________