Booking Agent Representation Agreement

BOOKING AGENT REPRESENTATION AGREEMENT

This Booking Agent Representation Agreement ("Agreement") is made as of by and between Agent Name: with principal place of business at ("Agent"), and Artist Name: with address at ("Artist").

Recitals

WHEREAS, Artist is a performing artist engaged in the business of producing live performances and desires to engage Agent to solicit, negotiate and procure live performance engagements and related booking opportunities on Artist's behalf; and

WHEREAS, Agent represents that it has the experience, contacts and capability to solicit and procure such engagements and is willing to act as Artist's booking agent on the terms and conditions set forth in this Agreement; and

WHEREAS, the parties desire to set forth the terms of Agent's appointment, compensation, duties, and related matters.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. Appointment and Scope

1.1 Appointment. Artist hereby appoints Agent as Artist's non-exclusive or exclusive booking agent for live performances and related engagements as set forth in this Agreement. Agent accepts such appointment and agrees to use reasonable efforts to solicit, negotiate and procure engagements for Artist in the Territory specified below.

1.2 Scope of Engagements. The term "Engagements" shall include live performances, concerts, festivals, corporate appearances, tours, private events, and one-off appearances. Specific excluded activities, if any, are:

2. Term

2.1 Initial Term. The initial term of this Agreement shall commence on the Effective Date and continue for months, unless earlier terminated in accordance with Section 13.

2.2 Renewal. Unless either party gives written notice of non-renewal at least days prior to the expiration of the then-current term, this Agreement shall automatically renew for successive one-year terms.

3. Territory

The Territory for Agent's solicitation of Engagements shall be:

4. Agent Duties

Agent shall: (a) diligently solicit Engagements for Artist; (b) promptly present all bona fide offers to Artist in writing; (c) negotiate terms of proposed Engagements in Artist's best interests; and (d) comply with reasonable instructions from Artist that do not unreasonably hinder Agent's ability to procure Engagements.

5. Artist Duties

Artist shall: (a) cooperate with Agent in good faith; (b) make Artist available for negotiations and required rehearsals or promotional activities related to Engagements; (c) promptly provide accurate technical and hospitality rider information; and (d) not negotiate or enter into contracts for Engagements that are within the Scope and Territory without first giving Agent written notice and an opportunity to represent Artist in respect of such Engagements.

6. Exclusivity

Artist designates Agent to act as: Exclusive booking agent for the Scope and Territory If the exclusive box is not checked, Agent shall be Artist's non-exclusive booking agent.

7. Compensation

7.1 Commission. Artist shall pay Agent a commission equal to % of Gross Compensation received by Artist for each Engagement procured by Agent during the Term and for any Engagements contracted during the Term but performed after termination where the contract was secured during the Term.

7.2 Gross Compensation. "Gross Compensation" means all fees, guarantees, minimums, performance fees, and other monetary consideration actually received by Artist in connection with an Engagement, before deduction of Artist's expenses, but excluding pass-through venue or third-party taxes properly invoiced and remitted by Artist.

7.3 Timing. Agent's commission shall be due and payable within days after Artist's receipt of Gross Compensation for the applicable Engagement. Late payments shall incur interest at the lesser of 1.5% per month or the maximum rate permitted by law.

8. Deposits, Advances and Third-Party Payments

Unless otherwise agreed in writing, any deposit or advance received for an Engagement shall be applied first to Artist's obligations under the Engagement and then to payment of Agent's commission in accordance with Section 7. Agent shall have no obligation to fund Artist's travel, production or similar expenses unless expressly agreed in writing.

9. Expenses

Agent shall not be responsible for Artist's travel, accommodation, production, or promotion expenses, except for those pre-approved in writing by Artist. Reasonable out-of-pocket expenses incurred by Agent in connection with procuring Engagements (e.g., travel for negotiation) shall be reimbursed by Artist within thirty (30) days of receipt of documentation.

10. Representations and Warranties

Each party represents and warrants that it has full right, power and authority to enter into and perform this Agreement, that this Agreement constitutes a legal, valid and binding obligation of such party enforceable in accordance with its terms, and that performance of its obligations hereunder will not breach any agreement with a third party.

11. Indemnification

Artist shall indemnify, defend and hold Agent harmless from and against any third-party claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of Artist's breach of this Agreement, Artist's negligent or willful acts, or Artist's performances, except to the extent caused by Agent's gross negligence or willful misconduct. Agent shall indemnify Artist for claims resulting from Agent's gross negligence or willful misconduct.

12. Confidentiality

During the Term and for a period of two (2) years thereafter, each party shall keep confidential and not disclose to third parties non-public business information concerning the other party, including financial terms, prospective engagements, negotiation strategies and contacts, except as required by law or as necessary to perform obligations under this Agreement.

13. Termination

13.1 For Cause. Either party may terminate this Agreement for material breach of the other party that remains uncured thirty (30) days after written notice specifying the breach.

13.2 Without Cause. Either party may terminate this Agreement without cause upon sixty (60) days' written notice to the other party; provided, however, that Agent shall be entitled to commissions on Engagements procured during the Term and to commissions on any post-Term engagements as provided in Section 7.

14. Transition and Post-Term Commissions

If this Agreement terminates for any reason, Artist shall notify any third party with whom Agent is negotiating active proposals that Agent negotiated those proposals. Agent shall be entitled to commissions on any Engagement resulting from negotiations initiated by Agent during the Term, regardless of the performance date, in accordance with Section 7.

15. Remedies

The rights and remedies provided in this Agreement are cumulative and in addition to any other rights and remedies available at law or in equity, including injunctive relief to prevent further breaches where money damages would be inadequate.

16. Dispute Resolution

The parties shall attempt to resolve disputes arising under this Agreement through good faith negotiation. If the parties cannot resolve a dispute within sixty (60) days of written notice, the dispute shall be submitted to binding arbitration administered in the county or equivalent jurisdiction of and conducted in accordance with the rules of a recognized arbitration body. Judgment on the award may be entered in any court of competent jurisdiction.

17. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles.

18. Notices

Agent Contact for Notices

Artist Contact for Notices

19. Assignment

Neither party may assign or delegate its rights or obligations under this Agreement without the prior written consent of the other party, except that Agent may assign its right to commissions to an affiliate or to a successor in interest in connection with a sale of substantially all of Agent's business.

20. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral.

21. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect and the parties shall negotiate in good faith a valid provision that most closely effects the parties' original intent.

22. Amendments and Waiver

Any amendment or modification of this Agreement must be in writing and signed by both parties. No failure or delay by either party in exercising any right shall operate as a waiver of that right.

23. Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument. Signatures transmitted by electronic means shall be binding.

24. Additional Provisions

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