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ACPA Advisor Manual

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EXCLUSIVE AGENCY AGREEMENT

This Agreement made and entered into this the day of , 20 , by and between ("Manager") and ("Actor/Actress"):

1. (a) ENLARGEMENT AND TERM: Actor/Actress desires to obtain development and enhancement of Actor/Actress's professional career. Actor/Actress hereby engages Manager as Actor/Actress's sole and exclusive personal manager in the entertainment, amusement, music, recording and literary fields, throughout the world, for the term of year(s) commencing at the signing of this Agreement and under the terms and conditions hereinafter set forth.

(b) Actor/Actress hereby grants Manager irrevocable consecutive option(s) to extend the term of this agreement for a period of one (1) year each upon all the terms and conditions hereof. Said options shall be exercised automatically unless thirty (30) days prior to the end of the then current term Manager gives Actor/Actress written notice to the contrary.

2. SERVICES: Manager accepts said employment and agrees subject to Actor/Actress's availability and cooperation:

(a) To advise and counsel Actor/Actress with respect to decisions concerning employment, publicity, selection of literary, Actor/Actress and musical material, wardrobe, public relations and advertising, selection of theatrical and booking and advertising, selection of theatrical and booking agencies and/or Actor/Actress's agents and all other matters pertaining to professional activities and career in the entertainment, amusement, music, recording and literary fields.

(b) To advise and counsel Actor/Actress with relation to the adoption of the proper format for presentation of Actor/Actress's talents and in the determination of proper style, mood and setting in keeping with Actor/Actress's talents and best interests.

(c) To advise and counsel Actor/Actress with regard to general practices in the entertainment, amusement, music, recordings and literary fields, and with respect to compensation and terms of contracts related thereto.

(d) To use Manager's reasonable efforts to promote and enhance Actor/Actress's professional reputation and standing.

(e) To be available to Actor/Actress for consultation and rendition of services to Actor/Actress at reasonable times.

3. EXPENSES:

(a) Actor/Actress agrees to reimburse Manager for any and all reasonable expenses which Manager may incur on Actor/Actress's behalf or on Actor/Actress's account, including but not limited to those in connection with postal correspondence, long distance telephone calls, telegrams, publicity materials, and travel expenses on Actor/Actress's behalf.

(b) Reimbursement of expenses as aforesaid shall be due within thirty (30) days after receipt by Actor/Actress or Actor/Actress's financial representative of statements setting forth the nature and amount of Manager's expenses. See paragraph 11, below.

4. COMPENSATION: Since the nature and extent of the success or failure of Actor/Actress's career cannot be predetermined, it is Actor/Actress's desire that Manager'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 Actor/Actress's success. As compensation for Manager's services, as hereinabove described, Actor/Actress agrees to pay Manager the following compensation:

(a) A sum equal to percent ( %) of any and all gross monies or other considerations which Actor/Actress earns during the term hereof as a result of Actor/Actress's activities in and throughout the entertainment, amusement, music, recording and literary fields.

(b) Actor/Actress agrees to pay Manager with respect to gross monies or other considerations which Actor/Actress earns following the expiration of the term hereof in connection with any and all engagements, contracts and agreements entered into or substantially negotiated during the term hereof relating to any of the foregoing, and upon any and all extensions, modifications, renewals and substitutions thereof; and upon any such resumptions of such engagements, contracts, and agreements which may have been discontinued during the term hereof and resumed within one (1) year thereafter, a sum equal to percent ( %) of said gross monies.

(c) The commission(s) set forth in Clause 4(b) above shall be based on the gross monies or other considerations which Actor/Actress earns from all applicable engagements, contracts, and agreements pursuant to the terms set forth in said engagements, contracts, and agreements or agreed upon prior to the expiration of the term hereof, including any improved terms of such engagements, contracts, and agreements if such improved terms are agreed upon subsequent to the expiration of the term hereof.

(d) Manager shall receive the foregoing compensation whether or not any employment, engagement, contract, agreement or other income producing activity shall have been procured by Actor/Actress as a result of Manager's advice, consultation, or other efforts and whether or not the term of said employment, engagement, contract, agreement or income producing activity shall be effective or continued before, during or after the term of this Agreement, provided that Actor/Actress earns "gross monies or other considerations" with respect thereto during the time periods set forth in Clause 4(b), above.

(e) Manager's percentage share shall extend to all gross monies or other considerations which Actor/Actress receives from all judgments, awards, settlements, payments, damages, and proceeds relating to any suits, claims, actions and proceedings arising out of the alleged breach or non-performance by others of any such engagements, contracts, and agreements referred to above.

5. AGENCY REPRESENTATION: IT IS CLEARLY UNDERSTOOD THAT MANAGER IS NOT AN EMPLOYMENT AGENCY OR A THEATRICAL AGENT.

6. INDEPENDENT ACTIVITIES: Manager may have and maintain other interests of any kind in the activities or enterprises of others and Manager shall have the right to render Manager's services to anyone else either in the capacity in which Manager is employed by Actor/Actress hereunder or otherwise.

7. EXCLUSIVITY: Actor/Actress agrees not to employ during the term hereof any other person or entity to act for Actor/Actress in the capacity in which Actor/Actress has engaged Manager hereunder.

8. CONSULTATION: Actor/Actress shall refer to Manager all verbal or written leads, communications, or requests for the rendition of Actor/Actress's services. Actor/Actress shall consult with Manager concerning each and every engagement, performance, booking or contract offered to Actor/Actress and Actor/Actress shall also consult with Manager regarding each engagement, performance, booking or contract that Actor/Actress accepts.

9. AUTHORITY: Manager may, on Actor/Actress's behalf, do the following: approve and permit any and all publicity and advertising; approve and permit the use of Actor/Actress's name, photograph, likeness, voice, sound effect, caricature, literary, Actor/Actress and musical materials for purposes of advertising and publicity and in the promotion and advertising of any and all products and services; execute for Actor/Actress in Actor/Actress's name and/or in Actor/Actress's behalf any and all agreements, documents, and contracts for Actor/Actress's services, talents and/or Actor/Actress, literary and musical materials, collect and receive sums as well as endorse Actor/Actress's name to all checks payable to Actor/Actress for Actor/Actress's services, talents and literary and Actor/Actress materials and retain therefrom all sums owed to Manager. Actor/Actress shall refer to Manager all verbal or written leads, communications or requests for the rendition of Actor/Actress's services in the entertainment, amusement, music, recording and literary fields.

10. FURTHERANCE OF CAREER: Actor/Actress agrees at all times to devote Actor/Actress to the furtherance of Actor/Actress's career and to do all the things necessary and desirable to promote Actor/Actress's career and earnings therefrom. Actor/Actress will not enter into any agreement or commitment which shall in any manner interfere with Manager's carrying out the terms and conditions of this Agreement.

11. LOANS: Manager is not required to make any loans or advances ("Loaned Funds") to Actor/Actress or for Actor/Actress's account, but if Manager does so, Actor/Actress shall repay them within thirty days from the date of demand by Manager for repayment thereof, and Actor/Actress hereby authorizes Manager to deduct the amount of any such loans or advances from any sums Manager may receive for Actor/Actress's account. Manager hereby agrees that no repayment of Loaned Funds by Actor/Actress shall be required unless and until Actor/Actress has received "gross monies or other considerations" as defined in paragraph 12(b), below. The authority granted to Manager is coupled with an interest and shall be irrevocable during the term hereof.

12. DEFINITIONS: When used in this Agreement, the following terms are defined as follows:

(a) The term "entertainment, amusement, music, recording and literary fields" shall include any and all branches of such fields now existing or hereafter developed, conceived, or used, including, but without limiting the generality of the foregoing, the following: motion pictures, free and pay television, home video, literary endeavors, theatrical engagements, legitimate stage, personal appearances, concerts, public appearances in places of amusement and entertainment, records and recordings, publishing, publications, radio, and the use of Actor/Actress's name, likeness and/or talent for purposes of merchandising, commercial exploitation, advertising and/or trade.

(b) The term "gross monies or other considerations" shall include all forms of income derived from Actor/Actress's professional career without any deductions, including, but not limited to, the total compensation, salaries, earnings, fees, advances, royalties, residuals, repeats and/or rerun fees, gifts, bonuses, shares of stock, shares of profit, partnership interests, percentages, property of any kind, and the total amount paid for any endorsements, or any entertainment package or package program, live or recorded, earned and received, directly or indirectly by Actor/Actress, or Actor/Actress's heirs, executors, administrators or assigns, or any other person, firm or corporation in Actor/Actress's behalf, or in which Actor/Actress shall have any interest of any kind. In the event that Actor/Actress receives as all or part of Actor/Actress's compensation for activities hereunder, stock or the right to buy stock in any corporation or that Actor/Actress becomes the packager or owner of all or part of an entertainment property, whether as an individual proprietor, stockholder, partner, joint venturer or otherwise, Manager's percentage shall apply to Actor/Actress's said stock, right to buy stock, individual proprietorship, partnership, joint venture or other forms of interest, and Manager shall be entitled to Manager's percentage share thereof. In the event that any corporation, partnership, trust, joint venture, association or proprietorship, or other business entity in which Actor/Actress or any member of Actor/Actress's family, has a direct or indirect interest, shall receive any compensation for permitting or contracting for the use of Actor/Actress's services, name, likeness or endorsement, then such compensation shall be deemed to be "gross monies" received by Actor/Actress for the purposes of this Agreement.

(c) The terms "engagements," "contracts," "agreements," and "employment" shall include any and all engagements, contracts, agreements or employment of any kind whatsoever, now in existence or entered into, prior to or negotiated for during the term hereof or substantially negotiated during the term hereof (including contracts to refrain from any services or activities) in any way pertaining to (i) any of Actor/Actress's activities or services, Actor/Actress's name or Actor/Actress's likeness, materials and/or other interests in any branch of the entertainment, amusement, music, recording and literary fields including contracts for entertainment packages and package programs; (ii) the sale, lease, license, use or other disposition of material or any right, title, interest or control of any kind in and to material; and (iii) any forms of merchandising or commercial exploitations. The terms "engagements," "contracts," "agreements," and "employment" shall apply to any such engagements, contracts, agreements, and employment whether entered into by Actor/Actress or in Actor/Actress's behalf, or any other person, firm or corporation in which Actor/Actress has or shall have any interest of any kind.

(d) The terms "activities," "services," and "interests," shall include any and all of Actor/Actress's activities, services and interests in any capacity of any kind whatsoever in the entertainment, amusement, music, recording and literary fields, whether as an employee, independent contractor, or otherwise, whether as a performer of any kind, recording Actor/Actress, actor, announcer, composer, conductor, arranger, author, writer, publisher, musician, singer, lyricist, Actor/Actress designer, choreographer, cameraman, technician, director, producer, packager, owner of any entertainment package, supervisor, executive or otherwise and shall also include Actor/Actress's name, voice, and likeness as aforesaid.

(e) The term "material" shall include any and all material of any kind whatsoever which Actor/Actress may now, or at any time, during the term hereof, own or have any right, title, interest, or control therein of any kind, including but without limiting the generality of the foregoing, literary, dramatic, choreographic and musical materials, names, likenesses, signatures, recorded voices and the like, whether of Actor/Actress or anyone else, ideas, characters, trade names, trademarks, programs, entertainment packages and musical compositions of any kind.

(f) The terms "merchandising" and "commercial exploitation" shall mean all forms of exploitation (with or without the use of names, voices or likenesses) of any kind now known or hereafter conceived, including, but not limited to, the right to use any activities, services, interest or any materials for products for service designations, trademarks, trade names, games, dolls, toys, cutouts, comic books or strips, endorsements, testimonials, and the like.

13. TERMINATION:

(a) Manager shall have the right to terminate this Agreement upon written notice to Actor/Actress. Actor/Actress shall have the right to terminate this Agreement upon thirty days' written notice to Manager, solely upon Actor/Actress's physical inability to perform and which such physical inability is of a continuing and permanent nature. (The physical inability of one of the Actor/Actress to perform as contemplated hereunder shall in no way effect the enforceability of this Agreement with respect to the other Actor/Actress.)

(b) In the event Actor/Actress decide to cease performing as contemplated by this Agreement, it is Manager’s sole option to continue this Agreement, or Manager may treat this Agreement as terminated, without further obligation hereunder. Actor/Actress herein agrees that should Actor/Actress decide to cease performing as contemplated in this Agreement, Actor/Actress shall be prohibited from performing for compensation or from entering into another management agreement with anyone other than Manager for a period of year(s) from the date of termination of this Agreement as provided in this paragraph.

14. MISCELLANEOUS:

(a) The instrument sets forth the entire agreement between the parties hereto with respect to the subject matter hereof and no modification, amendment, waiver, termination or discharge of any provision hereof shall be binding upon the parties unless confirmed by a written instrument executed by the parties. No waiver by either party of any term or provision of this agreement or of any default hereunder shall affect the parties' right hereafter to enforce such terms or provision, or to exercise any right or remedy in the event of any other default, whether or not similar. This Agreement shall not become effective until accepted and executed by the parties. The parties hereby represent and warrant that no statement, promise, representation, or inducement, except as herein set forth, has been made on any party's behalf, or by any of such party's employees or representatives. Should any provision of this agreement be void or unenforceable, such provision shall be deemed severed and this Agreement with such provision severed shall remain in full force and effect to the extent permitted by law; provided, however, that in the event such severance shall materially affect Manger's right to receive compensation under this Agreement, Manager shall have the right to elect to treat Manager's obligations under this Agreement as terminated. This Agreement shall inure to the benefit of the parties hereto and to their respective successors, assigns and heirs.

(b) This Agreement shall not be construed as creating a partnership between the parties. It is specifically understood that Manager is acting hereunder as an independent contractor.

(c) Actor/Actress shall cause any corporation, partnership, trust or other business entity which Actor/Actress now owns or controls or may hereafter own or control or in which Actor/Actress has a direct or indirect interest of any nature, or which is directly or indirectly controlled by Actor/Actress or under the common control of Actor/Actress and others (collectively hereinafter "firm") and which firm has the right to Actor/Actress's services, to enter into an agreement with Manager on the same terms and conditions as contained in this agreement, and Actor/Actress agrees that all gross monies or other considerations directly or indirectly earned or received by such firm in connection with Actor/Actress's activities in the entertainment, amusement, music, recording and literary field shall be subject to Manager's commission hereunder. Any agreement with such firm shall provide that such firm has a right to furnish Actor/Actress's services on the terms and conditions set forth in this contract, and the firm shall become a party to this contract. Actor/Actress shall personally guarantee the obligation of any such firm.

(d) Actor/Actress represents and warrants that Actor/Actress has been advised of Actor/Actress's right to seek legal counsel of Actor/Actress's own choosing in connection with the negotiation and execution of this contract.

(e) Actor/Actress represents and warrants that Actor/Actress is wholly free to enter into this contract and to grant the rights herein granted to Manager, and that Actor/Actress is not a party to any agreements, and that Actor/Actress does not have any obligations, which conflict with any of the provisions hereof.

(f) All notices to Manager hereunder and payments to Manager hereunder shall be sent to Manager's address written below.

(g) Upon any dispute under or relating to the terms of this Agreement, or the breach by Actor/Actress thereof, it is agreed that Manager shall be entitled to recover from Actor/Actress any and all costs reasonably incurred by the enforcement hereof including without limitation, reasonable attorneys' fees.

(h) Actor/Actress shall at all times defend, indemnify and hold Manager and Manager's respective agents, employees, representatives, affiliated entities, successors, heirs and devisees or legatees, harmless for and against any and all claims, damages, liabilities, costs and expenses, including without limitation, reasonable legal expenses and attorneys' fees, arising out of any breach by Actor/Actress of any warranty, representation or agreement made by Actor/Actress hereunder.

(i) Manager may assign Manager's rights hereunder to any person, firm or corporation.

(j) This Agreement shall be deemed to be executed in the State of and shall be construed in accordance with the laws of said state.

(k) The headings of the clauses of this agreement are included for ease of references only, are not part of this agreement and are not to be used in the construction and interpretation of the terms hereof.

WITNESS our hands and seals, this the day of , 20 .

Agent:

Address:

Actor/Actress:

Address:

STATE OF

COUNTY OF

PERSONALLY came and appeared before me, the undersigned in and for the said county and state within my jurisdiction, the within named , who acknowledged that he/she executed the above and foregoing instrument on the date mentioned therein.

GIVEN under my hand and official seal of office on this the day of , 20 .

NOTARY PUBLIC

My Commission Expires:

STATE OF

COUNTY OF

PERSONALLY came and appeared before me, the undersigned in and for the said county and state within my jurisdiction, the within named , who acknowledged that he/she executed the above and foregoing instrument on the date mentioned therein.

GIVEN under my hand and official seal of office on this the day of , 20 .

NOTARY PUBLIC

My Commission Expires:

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What the ACPA Advisor Manual Is

The ACPA Advisor Manual is a centralized reference and procedural guide for professionals preparing, reviewing, and submitting ACPA-related documents. It gathers required fields, signatory roles, timeline expectations, and compliance checkpoints into an organized manual that supports consistent handling across teams. The manual also explains electronic completion options, eSignature validity, and record retention practices so advisors can minimize errors and demonstrate regulatory readiness during audits or third-party reviews.

Why Use the ACPA Advisor Manual

A clear manual reduces preparation errors, aligns stakeholders on responsibilities, and improves submission consistency across cases while documenting compliance steps for recordkeeping.

Why Use the ACPA Advisor Manual

Who Typically Uses This Manual

The manual is intended for professionals who prepare, review, or authorize ACPA matters across advisory, compliance, and administrative roles.

  • Advisors and consultants who draft and validate transaction details before submission.
  • Compliance officers who verify regulatory requirements and retention rules for each file.
  • Administrative staff who compile supporting documents, route signatures, and manage filing.

Representative Users and Decision-Makers

Senior Advisor

A senior advisor reviews policy alignment, certifies factual accuracy, and signs where authority is delegated. They ensure obligations are described correctly and that the manual's checklist items are complete before approval.

Compliance Officer

A compliance officer confirms that retention, consumer disclosure, and eSignature methods meet legal standards and documents any deviations. They maintain audit documentation and handle regulator inquiries.

Core Components of a Professional Manual

A complete ACPA Advisor Manual combines procedural checklists, required data fields, signatory matrices, legal references, digital workflow instructions, and retention guidance into a single usable reference.

Checklists

Step-by-step pre-submission and post-submission checklists that ensure required fields, supporting documents, and approvals are complete and consistently applied across cases.

Required Fields

A definitive list of data elements and acceptable formats for each field to reduce rework and avoid processing delays during review or agency submission.

Signatory Matrix

Role-based guidance that identifies who can sign, when countersignature is required, and any notarization or witnessing needs tied to specific authorities.

Digital Workflow

Instructions for filling, routing, and electronically signing documents, including authentication options, conditional fields, and integration touchpoints for common platforms.

Legal References

Key statutory and regulatory citations that affect validity and retention, including ESIGN (15 U.S.C. ch. 96), UETA, HIPAA retention rules, and IRS recordkeeping requirements where applicable.

Retention Guidance

A retention schedule tied to document type, regulatory basis, and recommended storage practices to support audits and legal holds.

Step-by-Step: Completing the Manual

Follow these sequential steps to fill, verify, and submit the ACPA Advisor Manual consistently and in compliance with eSignature requirements.

  • 01
    Prepare: Collect all supporting documents and confirm identities.
  • 02
    Complete Fields: Enter required data in specified formats and attach exhibits.
  • 03
    Authorize: Obtain signatures in the prescribed role order, including notarization if required.
  • 04
    Submit: Send to the receiving party or file per instructions and retain audit records.

Configuring an Online Completion Workflow

Set these basic workflow options when you build an electronic version of the manual to preserve intent and auditability.

Field Configuration
Authentication Method Email link | SMS code | KBA where required
Field Types Text | Date (MM/DD/YYYY) | Checkbox | Conditional
Conditional Logic Show or hide fields based on prior answers
Retention Policy Automatic export to secure archive after signing

Distribution Channels and Integration Needs

Choose sharing and integration options that match your organization's systems and compliance profile.

  • Cloud Integrations: Salesforce, NetSuite, Google Workspace
  • Document Types: PDF, DOCX, Excel
  • Authentication: Email, SMS, SSO

How Electronic Completion and eSubmission Work

A typical digital workflow guides the sender, secures signer identity, captures intent, and preserves an audit trail for future verification.

  • Upload Document: Sender uploads the manual template to the platform.
  • Place Fields: Sender adds signature, initial, and date fields.
  • Authenticate Signer: Signer verifies identity via chosen method.
  • Capture Audit Trail: System records timestamps, IP, and actions.

Typical Timelines and Processing Expectations

Although processing times vary by organization and recipient, use these internal target deadlines to maintain predictable turnaround.

Initial Review Window:

Complete internal review within 3–5 business days.

Signer Response Time:

Request signatures within 7–10 business days.

Notarization Lead Time:

Allow scheduling time for in-person or RON notarization.

Acknowledgement Receipt:

Expect eSubmission confirmation within 24–72 hours.

Record Archival:

Export and store signed file immediately after completion.

Common Pitfalls to Avoid

  • Entering names or identifiers that do not match government or tax records, which often triggers payer rejection or requires reissuance.
  • Skipping notarization or witness steps when state law or the receiving party explicitly requires them, delaying acceptance.
  • Failing to obtain explicit electronic-consent disclosures for consumer-facing records, which can undermine enforceability under ESIGN.
  • Using inconsistent templates across cases, causing data mismatches and increasing manual reconciliation work during audits.

Consequences of Errors or Noncompliance

Information Return Penalties: Late or incorrect filings can trigger IRC §6721 penalties per form.
I-9 Violations: I-9 paperwork failures may incur fines under 8 CFR §274a.2.
Notarization Defect: Missing notarization can void acknowledgements in many jurisdictions.
HIPAA Breach: Improper handling of PHI exposes HIPAA breach and civil penalties.
Contract Disputes: Unclear signatory authority risks contract invalidation or challenge.
Record Retention Failures: Destruction before required period can hinder defense in litigation.

Real-World Examples of Manual Use

These examples show how organizations apply a standard manual to speed execution, maintain compliance, and support audits.

Optica Ventures

The team used a centralized manual to reduce approval cycles by standardizing checklists and signatures.

  • The manual ensured consistent advisor roles and supporting exhibits.
  • As a result, internal reviewers reported fewer rework requests, faster client turnaround, and an auditable trail for regulatory inquiries.

Fertility Centers of Illinois

Legal and operational teams adopted the manual for patient consent workflows.

  • It included HIPAA-required retention steps.
  • The standardized approach improved completeness of records, simplified audits, and clarified who signs and when for patient authorizations.

How the ACPA Manual Differs From Similar Guides

Compare the ACPA Advisor Manual with related templates to clarify when to use each document and avoid duplicative workflows.

Criteria ACPA Advisor Manual Standard Checklist
Scope comprehensive procedures single-task focus
Signatory Guidance role matrix included limited guidance
Retention Detail retention schedule included generic note only
Digital Workflow esignature and archive steps manual or ad hoc

eSignature Vendor Pricing Comparison

Comparing common vendor starting prices and selected features can help planners estimate software costs and compliance capabilities for eSubmission workflows.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Varies Varies Varies Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions and Troubleshooting

Answers to common questions about validity, signatures, notarization, and recordkeeping for ACPA-related documents.


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