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. Publicity
During 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)