Artist Management Agreement
Agreement made on the day of , 20 , between
of
,
(Name of Artist) (Street Address, City, County, State, Zip Code)
referred to herein as the Artist; and of
(Name of Manager)
, referred to herein as Manager.
(Street Address, City, County, State, Zip Code)
Whereas, the Artist wishes to obtain advice, guidance, counsel and direction in the development
and advancement of the Artist's career as musician, recording and performing artist and in such
new and different areas as the Artist's artistic talents can be developed and exploited; and
Whereas, the Manager, by reason of the Manager's contacts, experience, resources and
background, is qualified to render such advice, guidance, counsel and direction to Artist;
Now, therefore, for and in consideration of the mutual covenants contained in this agreement,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows
I. Services of the Manager. The Manager agrees to render such advice, guidance, counsel,
direction and other services as the Artist may reasonably require to further the Artist's career as a
musician, composer, recording and performing artist, and to develop new and different areas
within which the Artist's artistic talents can be developed and exploited, including but not limited
to the following services:
A. To represent the Artist and act as the Artist's negotiator, to fix the terms governing
all manner of disposition, use, employment or exploitation of the Artist's talents and the
products thereof;
B. T o supervise the Artist's professional employment, and on the Artist's behalf to
consult with employers and prospective employers so as to assure the proper use and
continued demand for the Artist's services;
C. To be available at reasonable times and places to confer with the Artist in
connection with all matters concerning the Artist's professional career, business interests,
employment and publicity;
D. To exploit the 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 the Artist's name, photographic
Artist Management Agreement Page 1 of 10
likeness, facsimile signature, voice and artistic and musical materials;
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 contracts, engagements or employment for the Artist;
to represent the Artist in all dealings with any unions; and
F. To exercise all powers granted to the Manager pursuant to Paragraph IV hereof.
II. Rights and Authority of Manager. The Manager is not required to render exclusive
services to the Artist or to devote the Manager's entire time or the entire time of any of the
Manager's employees to the Artist's affairs. Nothing herein shall be construed as limiting the
Manager's right to represent other persons whose talents may be similar to, or who may be in
competition with the Artist, or to have and pursue business interests which may be similar to, or
may compete with, those of the Artist. Notwithstanding the foregoing, Management shall be
available to Artist and shall act as her day-to-day manager. In the event that Manager is not
involved in the day-to-day management of Artist for a period of thirty (30) consecutive days,
then the Artist may terminate this Agreement, provided Artist provides Manager with five (5)
days written notice to cure any breach under this paragraph.
III. The Artist hereby appoints the Manager as the Artist's sole personal representative,
manager and advisor for the term of this Agreement and any renewals, in all matters usually and
normally within the jurisdiction and authority of personal representatives, managers and
advisors, including but not limited to the advice, guidance, counsel and direction specifically
referred to in Paragraph I hereof. The Artist agrees to seek such advice, guidance, counsel and
direction from the Manager exclusively and agrees not to engage any other agent, representative
or manager to render similar services, and not to perform said services on the Artist's own behalf,
and the Artist will not negotiate, accept or execute any agreement, understanding or undertaking
concerning the Artist's career as a musician, recording or performing artist without the Manager's
prior consent, which shall not be unreasonably withheld or delayed.
IV. The Artist hereby appoints the Manager for the term of this Agreement and any renewals
hereof as the Artist's true and lawful attorney-in-fact to 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 and effectively as the Artist could do if
personally present, including, subject to the limitations set out in this agreement, the following:
A. To sign, make, execute, accept, endorse, collect and deliver any and all bills of
exchange, checks and notes as the Artist's said attorney;
Artist Management Agreement Page 2 of 10
B. To demand, sue for, collect, recover and receive all goods, claims, money, interest
and other items that may be due to the Artist or belong to the Artist; to make, execute and
deliver receipts, releases or other discharges therefore under seal 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;
C. To approve and permit any and all publicity and advertising;
D. To approve and permit the use of my name, photograph, likeness, voice, sound
effect, caricature, literary, artistic and musical materials for purposes of advertising and
publicity in the promotion and advertising of any and all products and services;
E. To execute for the Artist in the Artist's name and/or on the Artists behalf, any and
all agreements, documents, and contracts for my services, talents and/or artistic, literary
and musical materials, provided that the Artist has been apprised of the material terms
thereof and the Artist has granted the Management the authority to execute such
agreements in each specific instance.
V. The Artist expressly agrees that the Artist will not on the Artist's own behalf exert any of
the powers herein granted to the Manager by the foregoing power of attorney without the express
prior consent of the Manager and that all sums and considerations payable to the Artist by reason
of the Artist's artistic endeavors shall be paid to the Manager on the Artist's behalf.
VI. It is expressly understood that the foregoing power of attorney is limited to matters
reasonably related to the Artist's career as a musician, recording and performing artist and such
new and different areas within which the Artist's artistic talents can be developed and exploited.
VII. All business decisions, major commitments, including, but not limited to recording
agreements will be approved with the Artist and executed prior to completion or commitment on
any business arrangement or contract with a third party.
VIII. The Manager shall be entitled to book the Artist and act as the Artist's booking agent on
separate terms to be negotiated between the Manager and the Artist and commensurate with
terms generally offered by other booking agents in accordance with industry practices. The
Manager shall utilize such third party booking agents as the Manager feels are reasonably
required to develop and promote the Artist's professional career.
IX. The Manager may act as Executive Producer on the Artist's recording projects on
separate terms to be negotiated between the Manager and the Artist and commensurate with
terms generally offered by other booking agents in accordance with industry practice.
Artist Management Agreement Page 3 of 10
X. Term. The term of this Agreement will be three (3) years as the above-dated agreement.
The Artist hereby grants to the Manager two (2) irrevocable consecutive options to extend the
term of this Agreement for two (2) periods of three (3) years each upon all the terms and
conditions thereof. Notwithstanding the foregoing, in the event that Artist has not, during the
Initial Period secured a recording Agreement with a major label (the " Major Label
Agreement ") or with a production company or independent label distributed by a major
distribution company or a major label in the U.S. Said options shall be exercised automatically
unless ninety (90) days prior to the end of the current the then term the Manager gives the Artist
written notice to the contrary.
XII. Compensation. As compensation for the services to be rendered hereunder, the Manager
shall receive from the Artist (or shall retain from the Artist's gross monthly earnings) at the end
of each calendar month during the term hereof or any renewal, a sum of money equal to
% of the Artist's gross monthly earnings (plus any applicable taxes) and the Artist
hereby assigns to the Manager an interest in such earnings to the extent of said percentage.
XIII. The term gross monthly earnings as used in this Agreement, refers to the total of all
earnings, whether in the form of advances, salary, bonuses, royalties, interest percentages, share
of profits, merchandise, share in ventures, products, properties, or any other kind or type of
income which is reasonably related to the Artist's career in the entertainment, amusement, music
recording, songwriting, music publishing, live performance, personal appearances, motion
picture, television, radio, literary, theatrical and advertising fields, in which the Artist's artistic
talents are developed and exploited, received from any person, firm or corporation on the Artist's
behalf, less the following exclusions:
A. Production costs of Artist's master recordings and audiovisual works;
B. Tour support payments paid out by a third party record company;
C. Fees, advances, royalties and other payments paid to third parties including,
without limitation, record producers, audiovisual work producers and directors;
D. Independent promotion costs paid by a third party record company; bona fide
third party costs incurred in connection with motion picture and television
synchronization licenses;
E. That portion of Artist's income from any motion picture or television package
which is payable in commissions to a talent agent or is otherwise payable to third parties
as part of the cost of production;
Artist Management Agreement Page 4 of 10
F. Any monies payable by Artist for reasonable " sound and lights " or opening acts
in connection with live engagements;
G. Monies payable to Artist as bona fide "per diems"; and
H. Any income derived by Artist from any business investments, entrepreneurial
activities or other non-entertainment related activities.
XIV. The compensation agreed to be paid to the Manager shall be based upon gross monthly
earnings of the Artist accruing to or received by the Artist;
1. During the term of this Agreement or any renewal; or
2. After the termination of this Agreement or the expiration of the term or
any renewal where gross monthly earnings result from any services performed by
the Artist during the term hereof or any renewal; or as the result of any contract
negotiated, or substantially negotiated, during the term hereof and any renewal,
extension or modification of this agreement.
XV. After the termination of this Agreement or the expiration of the term and continuing for a
period of one (1) year thereafter; the Artist will continue to pay the Manager ten of
gross monthly incomes as defined herein. In the event that the Artist forms a corporation during
the term hereof for the purpose of furnishing and exploiting the Artist's artistic talents, the Artist
agrees that said corporation shall offer to enter into a management contract with the Manager
identical in all respects to this Agreement (except as to the parties thereto). In the event that the
Manager accepts such offer, then the gross monthly earnings of such corporation prior to the
deduction of any corporate income taxes and of any corporate expenses or other deductions shall
be included as a part of the Artist's gross monthly earnings as herein defined, and any salary paid
to the Artist by such corporation shall be excluded from the Artist's gross monthly earnings for
the purpose of calculating the compensation due to the Manager hereunder.
XVI. The Artist agrees that all persons, firms or corporations shall pay all gross monthly
earnings directly to the Manager and the Manager may withhold the Manager's compensation
and may reimburse itself from for any reasonable and receipted fees, costs or expenses advanced
or incurred by the Manager.
XVII. The Artist specifically agrees to authorize and direct any and all persons, firms or
corporations from whom the Artist is owed any sums which are earned as gross monthly
earnings under this Agreement to remit such sums directly to the Manager. If the Artist shall
receive any such sums directly or indirectly, the Artist shall hold same in trust as to the
Manager's share (including expenses) and shall remit the same forthwith to the Manager. The
Artist Management Agreement Page 5 of 10
Manager will collect and receive any and all monies payable to the Artist with respect to the
Artist's professional career.
XVIII. Accounting Expenses. The Artist shall be solely responsible for payment of all
reasonable costs and disbursements incurred by the Manager or the Manager's employees in
furthering the career of the Artist, including, but not limited to booking agencies, fees, union
dues, publicity costs, promotional or exploitation costs, traveling expenses and wardrobe
expenses. In the event that the Manager advances any of the foregoing fees, costs or expenses on
behalf of the Artist, or incurs any other reasonable expenses in connection with the Artist's
professional career or with respect to the performance of the Manager's services hereunder, the
Artist shall promptly reimburse the Manager for such fees, costs and expenses. Artist shall not be
responsible for normal and recurring office and operating expenses of the manager.
XIX. Notwithstanding the foregoing, the Manager shall require the Artist's prior approval for
expenditures in excess of $ and the Manager shall provide estimated budget
projections for expenditures and revenues for each year of this Agreement and update these
projections from time to time as deemed necessary by the Manager.
XX. Loans. The Manager is not required to make loans or advances to the Artist, but in the
event that the manager does so, the Artist will make best efforts to repay the same promptly. The
Artist hereby authorizes the Manager to deduct the amount of any such loans or advances from
any sum which the Manager may receive for the Artist's account.
XXI. Termination. The Artist shall be entitled to terminate this Agreement at any time upon
the Manager's breach of any of the Manager's representations, covenants and warranties
contained herein, or obligations hereunder, including without limitation the Manager's duty to
account to the Artist in accordance with Paragraph XVIII above.
XXII. The Artist shall be entitled to terminate this Agreement immediately upon bankruptcy or
insolvency of either of the Managers, or in the event of dispute between them.
XXIII. In the event of any default by the Artist of the Artist's commitments, obligations and
duties hereunder, the Manager's obligations (but not the Manager's right to compensation) shall
be suspended for the duration of any such default. In the event that the Artist for any reasons
fails to fulfill any of the Artist's commitments, obligations or duties hereunder, without good or
unavoidable reason or excuse, then, in addition to any other rights or remedies which the
Manager may have, the Manager shall have the right, upon written notice to Artist at any time
prior to the expiration of the term or any renewal, to terminate this Agreement as of a date thirty
(30) days after the Artist's receipt of such written notice.
Artist Management Agreement Page 6 of 10
XXIV. Assignment of Rights. The rights of each party under this Agreement are personal to that
party and may not be assigned or transferred to any other person, firm, corporation, or other
entity without the prior, express, and written consent of the other party.
XXV. Fiduciary Relationship. The Manager agrees and understands that by virtue of this
Agreement the Manager stands in a fiduciary relationship to the Artist and the Manager shall be
held to the highest standards of good faith and loyalty.
XXVI. Mutual Representations and Warranties. The Parties warrant that each is under no
disability, restriction or prohibition with respect to such parties' right to execute this Agreement
and perform its terms and conditions and further warrant and represents that no act or omission
by the Artist hereunder will violate any right or create any liability to any person. The parties
agree to mutually indemnify the other fully in respect of any liability, loss or claim suffered by
the other as a result of any breach of this Agreement, or the terms, conditions, representations,
warranties and covenants herein.
XXVII. Modification of Agreement. Any modification of this Agreement or additional
obligation assumed by either party in connection with this Agreement shall be binding only if
placed in writing and signed by each party or an authorized representative of each party.
XXVIII. The Artist agrees at all times to attend to the Artist's professional career and to
exert the Artist's best reasonable efforts to further the Artist's professional career during the term
of this Agreement and any renewal, and to cooperate with the Manager to the fullest extent in the
interest of promoting the Artist's career.
XXIX. This Agreement does not and shall not be construed to create a partnership or joint
venture between the parties hereto. It is specifically understood that the parties are acting as
independent contractors.
XXX The Artist acknowledges that this Agreement and the books of account of the Manager
contain confidential trade information; neither the Artist nor the Artist's representatives shall
reveal or use on their own behalf or on behalf of any person any facts or information arising from
this Agreement or any inspection of the Manager's books of account hereunder.
XXXI. Notices. Unless provided herein to the contrary, any notice provided for or concerning
this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified
or registered mail if sent to the respective address of each party as set forth at the beginning of
this Agreement.
XXXII. Severability. The invalidity of any portion of this Agreement will not and shall not be
deemed to affect the validity of any other provision. If any provision of this Agreement is held to
be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and
Artist Management Agreement Page 7 of 10
effect as if they had been executed by both parties subsequent to the expungement of the invalid
provision.
XXXIII. No Waiver. The failure of either party to this Agreement to insist upon the
performance of any of the terms and conditions of this Agreement, or the waiver of any breach of
any of the terms and conditions of this Agreement, shall not be construed as subsequently
waiving any such terms and conditions, but the same shall continue and remain in full force and
effect as if no such forbearance or waiver had occurred.
XXXIV. Governing Law. This Agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of .
(Name of State)
XXXV. Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the
unsuccessful party in the action shall pay to the successful party, in addition to all the sums that
either party may be called on to pay, a reasonable sum for the successful party's attorney fees.
XXXVI. Mandatory Arbitration. Any dispute under this Agreement shall be required
to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an
arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The
third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the
rules of the American Arbitration Association then in force and effect.
XXXVII. Entire Agreement. This Agreement shall constitute the entire agreement between the
parties and any prior understanding or representation of any kind preceding the date of this
Agreement shall not be binding upon either party except to the extent incorporated in this
Agreement.
XXXVIII. Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed to be an original, but all of which together shall constitute but one and
the same instrument.
XXXVI. Compliance with Laws. In performing under this Agreement, all applicable
governmental laws, regulations, orders, and other rules of duly-constituted authority will be
followed and complied with in all respects by both parties.
WITNESS our signatures as of the day and date first above stated.
(Signature of Artist) (Signature of Manager)
(Printed Name of Artist) (Printed Name of Manager)
Artist Management Agreement Page 8 of 10
38)
The Manager acknowledges that it shall have no rights in or to any stage or professional names
of the Artist.
9
39) The Artist shall have and retain exclusive control over artistic and creative matters,
provided the Manager shall be consulted on all such matters.
40) This is the entire Agreement between the parties and it supersedes all other agreements,
whether written or oral, prior to the date of this Agreement.
Artist Management Agreement Page 9 of 10
Artist Management Agreement Page 10 of 10
