ARTIST MANAGEMENT AGREEMENT
THIS AGREEMENT made this _____day of ___________________, 20__ between _______(Artist)________ _________ whose address is ______________________ (hereinafter referred to as “Artist”
___(Manager)____ _________ whose address is ________________, (hereinafter referred to as “Manager”)
WHEREAS, Artist wishes to obtain advice, guidance, counsel, and direction in the development and furtherance of his career as a musician, recording, and performing artist and in such new and different areas as his artistic talents can be developed and exploited; and
WHEREAS, Manager by reason of Managers contacts, experience and background, is qualified to render such advice, guidance, counsel, and direction to Artist;
NOW THEREFORE, in consideration of the mutual promises herein contained, it is agreed and understood as follows:
- Manager agrees to render such advice, guidance, counsel, and other services as Artist may reasonably require to further his career as a musician, composer, actor, recording, and performing artist, and to develop new and different areas within which his artistic talents can be developed and exploited, including but not limited to the following services:
(a) to represent Artist and act as his negotiator, to fix the terms governing all manner of disposition, use, employment or exploitation of Artist’s talents and the products thereof; and,
(b) to supervise Artist’s professional employment, and on Artist’s behalf, to consult with employers and prospective employers so as to assure the proper use and continued demand for Artist’s services; and
(c) to be available at reasonable times and places to confer with Artist in connection with all matters concerning Artist’s professional career, business interests, employment, and publicity; and,
(d) to exploit 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 Artist’s name, photographic likeness, facsimile signature, voice and artistic and musical materials; and,
(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 contacts, engagements or employment for Artist; and,
(f) to represent Artist in all dealings with any union;
- Manager is not required to render exclusive services to Artist or to devote his entire time or the entire time of any of Manager’s employees to Artist’s affairs. Nothing herein shall be construed as limiting Manager’s right to represent other persons whose talents may be similar to or who may be in competition with Artist or to have and pursue business interests which may be similar to or may compete with those of Artist.
- Artist hereby appoints Manager as his sole personal manager in all matters usually and normally within the jurisdiction and authority of personal manager, including but not limited to the advice, guidance, counsel, and direction. Artist agrees to seek such advice, guidance, counsel, and direction from Manager exclusively and agrees that he will not engage any other agent, representative, or manager to render similar services, and that he will not perform said services on his own behalf and he will not negotiate, accept, or execute any agreement, understanding, or undertaking concerning his career as an actor, musician, recording and performing artist without Manager’s prior consent.
- Artist hereby irrevocably appoints Manager for the term of this Agreement and any extensions hereof as his true and lawful attorney-in-fact to sign, make, execute, accept, endorse, collect and deliver any and all bills of exchange, checks, and notes as his said attorney; to demand, sue for, collect, recover, and receive all goods, claims, money, interest and other items that may be due him or belong to him; and to make, execute, and deliver receipts, releases, or other discharges therefore under sale 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 as in any way limiting the foregoing; 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 effectively as Artist could do if personally present; and Artist hereby ratifies and affirms all acts performed by Manager by virtue of this power of attorney.
Artist expressly agrees that he will not on his own behalf exert any of the powers herein granted to Manager by the foregoing power of attorney without the express prior written consent of Manager and that all sums and considerations paid to Artist by reason of his artistic endeavors may be paid to Manager on his behalf.
It is expressly understood that the foregoing power of attorney is limited to matters reasonably related to Artist’s career as a musician, actor, recording and performing artist and such new and different areas within which his artistic talents can be developed and exploited.
Artist agrees and understands that the power of attorney granted to Manager is coupled with an interest which Artist irrevocably grants to Manager in the career of Artist, in the artistic talents of Artist, in the products of said career and talents and in the earnings of Artist arising by reason of such career, talents, and products.
Simultaneously with the execution of this Agreement, Artist shall execute a short form power-of-attorney which Manager shall be entitled to file in any jurisdiction.
- (a) As compensation for the services to be rendered hereunder, Manager shall receive from Artist (or shall retain from Artist’s gross monthly earnings) at the end of each calendar month during the term hereof a sum of money equal to [Whatever the amount or percentage agreed].
(b) In the event that Artist forms a corporation during the term hereof for that purpose of furnishing and exploiting his artistic talents, Artist agrees that said corporation shall offer to enter into a management contract with Manager identical in all respects to this Agreement (except as to the parties thereto).
- Artist shall be solely responsible for payment of all booking agencies, fees, union dues, publicity costs, promotional or exploitation costs, travelling expenses and/or wardrobe expenses and reasonable expenses arising from the performance by Manager of services hereunder. In the event that Manager advances any of the foregoing fees, costs, or expenses on behalf of Artist, or incurs any other reasonable expenses in connection with Artist’s professional career or with the performance of Manager’s services hereunder, Artist shall promptly reimburse Manager for such fees, costs, and expenses.
- Artist warrants that he is under no disability, restriction, or prohibition with respect to his right to execute this Agreement and perform terms and conditions. Artist further warrants and represents that no act or omission by Artist hereunder will violate any right or liability to any person. Artist agrees to indemnify Manager and hold Manager harmless against any damages, costs, expenses, fees (including attorney’s fees) incurred by Manager in any claim, suit, litigation, or proceeding instituted against Manager and arising out of any breach or claimed breach by Artist of any warranty, representation, or covenant of Artist. Artist agrees to exert his best reasonable efforts to further his promotional career during the term of this Agreement, and to cooperate with Manager to the fullest extent in the interest of promoting Artist’s career.
- The initial term of this Agreement shall be for a period of [time period]
- Manager agrees to maintain accurate books and records of all transactions concerning Artist, which books and records may be inspected during regular business hours by a certified public accountant designated by Artist upon reasonable notice to Manager.
- During the term of this Agreement, it is understood and agreed that there shall be no change or modification of this Agreement unless reduced to writing and signed by all parties hereto. No waiver or any breach of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach hereof.
- This Agreement does not and shall not be construed to create a partnership or joint venture between the parties hereto.
- This Agreement shall be construed in accordance with the Indian laws governing contracts executed and performed therein, and shall be binding upon and inure to the benefit of the parties, respective heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereunder have subscribed their signatures in the day and year first above written.