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Fill and Sign the Employment Agreement Contracts Form

Fill and Sign the Employment Agreement Contracts Form

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Employment Agreement Between Musician and Personal Manager Agreement made on the ___ day of __________, 20___, between ____________of ________________________________ (street address, city, county, state, zip code) , referred to herein as Artist, and _____________ , Inc., a corporation organized and existing under the laws of the state of ______________, with its principal office located at ________________________ (street address, city, county, state, zip code) , referred to herein as Manager. Whereas, Artist has considered the advisability of obtaining Manager's services to further Artist's career, and has made independent inquiry concerning Manager's ability and reputation; and Whereas, Artist has determined that Manager's services would be of great value because of Manager's extensive knowledge of and reputation in the music and entertainment industry; and Whereas, Artist wishes to hire Manager, and Manager wishes to be employed, as Artist's exclusive Personal Manager; 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: 1. Employment Manager is hereby retained as Artist's exclusive personal Manager for the term of this agreement, and Manager accepts such employment. 2. Manager’s Services Manager shall use its best efforts to perform the following services: A. To represent and act as Artist's advisor in all business negotiations and matters of policy relating to Artist's career, to supervise engagements and to consult with employers to assure, to the best of Manager's ability, the proper use of Artist's services; B. To advise and counsel in the selection of musical material and matters relating to publicity, public relations and advertising, and in the adoption of the proper format for presentation of Artist's talents; and C. To cooperate with and supervise relations with talent and literary agents which may be employed on Artist's behalf, and to be available at reasonable times at Manager's office to confer with Artist in matters concerning Artist's career. 3. Expenses A.Manager is authorized to incur reasonable and necessary business costs, fees or expenses directly related to its services under this Agreement. Such business costs, fees or expenses will not include general administrative and overhead expenses incurred in the operation of the business of Manager. Artist will reimburse Manager for all such costs, fees or expenses upon presentation to Artist of receipted vouchers or paid bills for expenses incurred. Manager will render quarterly statements to Artist which will set forth the nature and amount of any such business cost, fee or expense incurred by Manager on Artist's behalf. Artist is responsible to pay any business costs, fee or expense that may arise in connection with its professional interest and endeavors, including, but not limited to, the cost of material, equipment, facilities, transportation, lodging, living expenses, costumes, makeup, publicity and theatrical agents, accounting and business management costs, fees or expenses, union dues and fees, legal costs, fees or expenses, road management costs, fees or expenses, and costs, fees or expenses for road crews. Manager will have no liability in connection with such expenses. Such expenses will not be deducted from gross monies as defined in this Paragraph, nor will they in any other way affect or reduce Manager's fee under this Agreement. B. Artist will reimburse Manager for all bona fide expenditures incurred by Manager on Artist's behalf, in connection with Artist's career, or in the performance of Manager's services under this Agreement, which are substantiated by receipted vouchers or paid bills. IV. Obligations of Artist Artist agrees at all times to devote his best efforts to his career and to do all things necessary and desirable to promote his career. Artist will advise Manager of his location and be available at all times to work on projects at Manager's direction. Artist will advise Manager of all offers of employment submitted and will refer any inquiries to Manager in order that Manager may determine whether they are in Artist's best interests . V. Nonexclusive Services This Agreement will not create a partnership between Manager and Artist . It is specifically understood that Manager is acting under this Agreement as an independent contractor. Manager's services under this Agreement are not exclusive and Manager will at all times be free to perform the same or similar services for others as well as engage in any and all other business activities. Manager will not be required to travel or to meet with Artist at any particular place or places except upon Artist's request and then only in Manager's discretion and at Artist's expense. VI. Manager’s Compensation A.In consideration of this Agreement and all compensation for services rendered and to be rendered under this Agreement, Artist agrees to pay to Manager as and when received, ___% of all consideration received, as a result of Artist's activities throughout the entertainment, amusement, music and recording industries, including all sums resulting from the use of Artist's artistic and literary talents. B. Without in any manner limiting the above, the matters upon which Manager's compensation will be computed will include any activities in connection with motion pictures, television, radio, music, literary, theatrical engagements, personal appearances, public appearance in places of amusement and entertainment, records and recordings, publications, and use of Artist's names, likenesses and talents for purposes of advertising and trade. Artist likewise agrees to pay Manager a similar sum following the expiration of the term of this Agreement relating to any of such matters, and upon any resumptions of such engagements, contracts and agreements which may have been discontinued during the term of this Agreement and resumed within a year afterward. C.The terms consideration, monies and/or other considerations will include, but not be limited to, salaries, earnings, fees, royalties, gifts, bonuses, shares of profit, shares of stock, partnership interests, percentages and the total amount paid for package television or radio program (live or recorded), motion picture or other entertainment packages, earned or received, directly or indirectly by Artist, his heirs, executors, administrators or assigns, or by any person, firm or corporation on Artist's behalf. VII. Accounts and Payments A. During the term of this Agreement and all renewals, extensions, modifications or substitutions of this Agreement, and afterward for so long as Manager collects or receives any consideration on behalf of Artist, Manager will deliver a quarterly written statement to Artist setting forth the amounts of considerations received by Manager on Artist's behalf, specifying the source and the deductions for Manager's fee, and further deducting the amount of any loans or advances paid by Manager to Artist or on Artist's behalf. To the extent possible, Manager will forward payments to Artist on a weekly basis provided there are funds to be forwarded to Artist. Upon reasonable written notice by either Artist or Manager, either Artist or Manager , as the case may be, will furnish an accounting statement to the other setting forth all transactions between Artist and Manager, within ______ (number) days of the date of such request. B. All such statements and all other accounts rendered by Manager to Artist will be binding upon Artist and not subject to any objection by Artist for any reason unless specific objection in writing, stating the basis for such objection, is given to manager within _________ (number) months from the date such statement is rendered. C . Manager and Manager's representatives may audit, upon reasonable notice, those portions of Artist's books and records which concern Manager, to ascertain any amount due Manager, and Manager agrees that Artist and Artist's representatives may audit, upon reasonable notice, those portions of Manager's books and records, including all relevant receipts and vouchers, which concern artist. Artist may inspect such books and records only once with regard to each statement, without exception. VIII. Term The term of this Agreement will be an initial term of _______ (number) years commencing on the date of this Agreement, with _______ (number) ________ (number)-year options. IX. Suspension In the event of any illness or incapacity, failure to perform or breach of Artist's obligations under this Agreement, Manager shall be entitled to suspend this Agreement for the duration of such breach. X. Notices All notices given under this Agreement must be in writing to Manager at the address set forth above and to Artist at the address set forth below or to such other address as may be designated from time to time given by certified mail. The date of deposit of such notice will be deemed the date of service. XI. PublicityDuring the term of this Agreement, Manager will have the unrestricted right to advertise and publicize itself as Artist's personal manager and representative. XII. Waiver The waiver of a breach of any provision of this Agreement by either party or the failure of either party to insist upon the strict performance of any provision of this Agreement will not constitute a waiver of any subsequent breach or of any subsequent failure to perform. XIII. Assignment This Agreement may not be assigned by Artist or M anager without written consent signed by both parties. XIV. Entire Agreement Artist and Manager each acknowledge that they have carefully read this Agreement; that they have had an opportunity to discuss its provisions with an attorney of their own choice; that they fully understand its contents, and have executed it voluntarily; and that this instrument expresses the entire agreement between them. This Agreement supersedes any and all prior negotiations, understandings and agreements (written and oral) between the parties with respect to the subject matter of this Agreement. In addition, this Agreement may not be amended or changed except by a writing signed by both parties. XV. Choice of Law This Agreement will be construed in accordance with the laws of the State of ____________. If any provision of this Agreement for any reason is illegal or unenforceable, then the same will not affect the validity of the remaining provisions and such provisions will be deemed stricken. XVI. 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. WITNESS our signatures as of the day and date first above stated. _________________________, INC. ________________________ By_____________________________ ARTIST (Name and Office in Corporation)

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