| |
sample band management agreement
The following sample management agreement is a simplified letter from
you the artist to the person who wants to manage you, to enable you to
compare with contracts you may be offered. It is not a substitute for a
formal agreement drafted and negotiated by a professional music business
solicitor which is likely to be far more complex!
Before signing any form of management contract seek advice from a
solicitor and establish who owns the company you are expected to sign to
and whether the manager will actually be responsible for your day to day
affairs.
Agreement
for Personal Management
The signatories hereof warrant
to each other that each has taken the professional advice of a solicitor
specializing in such agreements before their signature hereof.
Artist Name:-
Stage Name:-
Address:-
Managers Name:-
Address:-
Agreement Date:-
Dear Sir/Madam
We confirm our Management Agreement whereby we appoint you to represent us as
our sole and exclusive manager under the provisions of this agreement as
follows:-
1. This agreement relates only to my professional activities and confers the
right to represent me as a solo artist. (Bands/groups/duo's etc need to specify
that only the band as a whole is represented and any solo activity requires
separate consent).
2. Both you and I warrant by our respective signatures that there are no
existing restrictions that prevent either party from entering into this
agreement or performing any of our obligations.
3. This agreement relates solely to activities as a musical artist and in no
way confers the right to represent or hold yourself as representing me in any
other field of entertainment or area of work not connected with the music
industry without prior written consent.
4. During the Term of this agreement defined below you shall have the following
obligations:
(a) To use your best endeavors to promote and develop my career as a music
artist and provide me with regular reports on your work.
(b) To ensure all monies due to me are promptly collected and remitted
directly to me by the parties from which they are due.
(c) To refer all enquiries connected with our work in areas which you are not
permitted to act directly to me.
(d) You shall not have the right to assign or transfer obligations to any
other person or company without prior written consent, any such act shall
immediately and retrospectively terminate your appointment and this agreement.
5. The following are the obligations I agree to:-
(a) To be available and comply with your reasonable requests to undertake
activities pertaining to my career at my sole discretion.
(b) Not to attempt to negotiate agreements with 3rd parties directly which
relate to activities which you are responsible for and to refer all such third
parties to you.
(c) To refer all Press enquiries to you.
(d) To notify you of any changes in address or contact numbers.
6. During the term of this agreement I shall reimburse any expenses directly
relating to your activities as my manager upon request by you, with the
exception of office expenses i.e., telephone, staff etc., which will be your
sole responsibility. Expenses in excess of $?? for any single item must have
been approved in writing prior to being incurred or will not be reimbursed.
7. If you are permitted to manage other artists then I require you to submit
written details in respect of expenses that are related solely to your
activities as my manager and not as manager of other artists.
8. During the Term of this agreement you shall not be entitled to manage other
artists without my prior knowledge and/or consent and you shall ensure that
management of said artists does not adversely affect your obligations set out
within this agreement.
9. You shall be entitled to charge for your services a commission of 15%
(maximum 20%) of the (gross or preferably net) income received by myself in
respect of the activities the subject hereof during the Term and Commission
Period (excepting that following termination of the Term the commission payable
shall reduce to 10% of the (gross/net) income and will be subject to the
limitations on the source of such income set out below). Commission shall be
payable based on net income received by myself for live work during the Term and
for the avoidance of doubt during the Commission Period you shall only be
entitled to you commission in respect of income derived from recordings and
compositions made in whole during the Term. You shall be solely responsible for
meeting your own income tax, PAYE, National Insurance, Corporation Tax and Value
Added Tax.
10. The Term of this agreement shall be 2 years from the Agreement Date with the
provision that I shall be entitled at my sole discretion following the expiry of
6 months from the Agreement Date to terminate the Term in the event that you
have not procured the signature of a publishing or recording agreement by such
date. The Commission Period following the expiry or termination of the Term
whereby you are still entitled to receive commission as set out in Clause 10
shall be 2 years from the date of termination, however in the event that I have
exercised the right to terminate the term after 6 months you shall not be
entitled to receive commission on future income derived from recordings or
compositions made during the Term.
11. The Territory governed by this agreement shall mean the United Kingdom.
(World, whichever country you reside and/or any countries you designate)
12. You shall be entitled to appoint another person as my manager in certain
countries or territories of the Territory provided I grant consent to such
appointment and the identity of such person and provided that such appointment
shall not discharge you from any of your managerial obligations as set out in
this agreement.
13. Nothing within this agreement shall be deemed to create a partnership or
joint venture between the signing parties.
14. This agreement shall be governed by the laws of England.
Please indicate your acceptance of the terms hereof by signing and returning the
attached copy to me.
Yours faithfully
Names and dated signatures of artist/s
Read and Agreed
Name and dated signature of the manager
|
|