Artist Management Agreement
TABLE OF CONTENT
I. Header Informations………………………………..………..
II. Engagement And Term………………………………..…….
III. Manager’s Responsibilities…………………………………
IV. Artist’s Responsibilities…………………………………..….
V. The Manager’s Cut…………………………………………….
VI. Expenses……………………………………………………………
VII. Accounting And Banking……………………………..…….
VIII. Ending This Agreement……………………………………..
IX. Data Protections…………………………………………….…
X. General………………………………………………………..……
XI. Notices………………………………………………………………
XII. Disputes………………………………………………………….…
XIII. Signing………………………………………………………………
1. Header Information
Made on (Day)
of (month)
20[……..]
(the "Start Date")
This is an Agreement between:
1. Name/Company [of] OR [with its registered address at Place On Your Place on Here ("Manager"); and
2. [Individual Name(s)] of [Address(es)] [together] professionally known as [Enter Artist Name] ("Artist"), here :
¹
²
each a "Party" and together the "Parties".
2. Engagement and Term
2.1 The Artist engages the Manager as their sole and exclusive manager over all the world for all their activities in the music business such as recording, songwriting, music composition, live and online performances, merchandising and sponsorship, production of recordings by other artists and all of the Artist's other activities within the entertainment industry throughout the world, including all commercial endorsements ("Artist's Career" in this Agreement) in accordance with this Agreement.
2.2. This Agreement will start on the Start Date and will continue for the period set out in the Schedule unless ended earlier (see clause 8).
3. Manager's Responsibilities
3.1 During the Term of this Agreement the Manager will:
3.1.1 make all reasonable efforts to advance and promote the Artist's Career;
3.1.2 provide all services which a manager normally provides in the music business;
3.1.3 check with the Artist often and keep them up to date with any deals or contracts the Manager is working on for them and giving them the chance to approve those deals or contracts before anything is signed other than in respect of one-off live performances and personal appearances only that have been approved by the Artist in principle (for which see clause 10.7); and
3.1.4 The Manager shall not be obliged to provide the services of a live agent. If the services of a live agent are reasonably required in the furtherance of the Artist's career, the Manager may appoint a live agent on the Artist's behalf, subject to the Artist's reasonable approval of the identity of, and commission payable to, such agent.
4. Artist's Responsibilities
4.1 the Artist promises and guarantees that they:
4.1.1 are free to enter into this Agreement and engage the Manager;
4.1.2 will carry out to the best of their ability any activity arranged by the Manager in the Artist's Career so long as the Manager tells the Artist in reasonably sufficient time to carry out the activity properly;
4.1.3 will not engage anyone else to act as their manager in the Artist's Career during the Term save that the Artist shall not be prohibited from appointing a legal representative and financial adviser from time to time;
4.1.4 will at all relevant times tell the Manager where they are and when they are available for work; and
4.1.5 The Artist shall promptly refer to the Manager all enquiries in connection with the Activities received by the Artist, or received by another person on the Artist's behalf, during the Term and the Artist shall not attempt to negotiate or conclude any agreement offered pursuant to such enquiries without the Manager's involvement.
5. The Manager's Cut
5.1 The Artist will pay the Manager a [Insert percentage - typically 20% (twenty per cent)] cut of the Artist's:
5.1.1 Net Income (as defined in the Schedule) from live concert performances;
5.1.2 Total Income (as defined in the Schedule) from all other activities in the Artist's Career.
6. Expenses
6.1 The Manager will be responsible for the everyday costs of running its office and the payment of any employees engaged by the Manager, except for persons engaged with the Artist's prior approval (not to be unreasonably withheld) solely in respect of the Activities, or a pro rata share of persons so engaged in respect of one or more other artists.
6.2 The Artist will pay back any cost which the Manager incurs in carrying out its duties to grow the Artist's Career so long as:
6.2.1 the Artist approves in advance any item which costs more than the Individual Limit set out in the Schedule;
6.2.2 the total of all items paid for in any year without the Artist's approval in advance must not be more than the Annual Limit set out in the Schedule;
6.2.3 the Artist approves in advance the engagement by the Manager of any person such as a booking agent, promoter, lawyer or accountant to assist with the Artist's Career;
6.2.4 the Manager does not pay for its own travel or lodging costs at a higher rate than the Artist without the Artist's approval in advance; and
6.1.5 the Manager provides reasonable supporting documentation with regards to the expenditure on reasonable request by the Artist
7.Accounting and Banking
7.1 The Artist engages the Manager to collect all income due to them from the Artist's Career during the Term so long as the Manager immediately pays all income without taking its cut into a bank account run by the Artist at [Insert name of bank] in the name of [Insert account holder name] Account ("the Account"). The Manager must tell the Artist straight away about any payment over £1,000.
Name of bank :
Account Holder Name :
7.2 If the Artist is directly paid any money on which the Manager is due a cut, the Artist will immediately pay all of that money into the Account. The Artist must tell the Manager straight away about any payment over £1,000.
7.3 Once in every three calendar months, within 30 (thirty) days of the end of that quarter, or at such other time as the Manager and Artist may agree, the Artist will calculate and pay the Manager's cut of their income.
7.4 The Artist will make sure that the Bank sends directly to the Manager a copy of all bank statements for the Account at least once a month.
7.5 The Manager's cut of touring income is not due until the relevant tour accounts have been drawn up which shall be done as soon as reasonably possible after the end of the tour.
7.6 For so long as the Manager is due a cut of the Artist's income, the Artist will keep accurate records of all money paid or credited to the Artist on which the Manager is due a cut. The Manager may check the Artist's accounts and records on giving reasonable notice.
7.7 The parties agree that promptly following the commencement of the Term, they will appoint a suitably qualified chartered accountant with music industry experience to act for the Artist and have oversight over the books of account and the matters arising with regards to the operation of this clause 7.
8. Ending this Agreement
8.1 Either the Manager or the Artist may end the Term immediately, by sending the other written notice, if at any time the other:
8.1.1 is declared bankrupt or makes any arrangement with those they owe money to, to defer or delay the debt;
8.1.2 is convicted of any criminal offence involving fraud or dishonesty; or
8.1.3 commits any serious or repeated breach of any of its obligations under this Agreement, and (assuming that the breach can be put right) the person committing the breach does not put it right within 14 days of receiving a written notice from the other which requires them to do so.
8.2 The reasons listed in this clause do not limit any of the Manager or the Artist's other legal rights to end this Agreement. Delay by either the Manager or the Artist in claiming a right to end this Agreement does not mean that it is giving up any right to end it in future.
8.3 Termination of this Agreement for any reason shall not affect the rights of either the Manager or the Artist built up at the date of termination and any rights or duties which last beyond the end of the Term.
9. Data Protection
9.1 [Each Party/The Manager] will deal with any personal data in accordance with [their/its] privacy policy all applicable data protection and privacy legislation in force from time to time in the UK including (i) the UK GDPR; (ii) the Data Protection Act 2018 (and regulations made thereunder); and (iii) all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data.
9.2 [Each Party/The Manager’s] privacy policy is available on its website [www.retunerecord.com].
10. General
10.1 This is the whole agreement between the Artist and the Manager and replaces any previous agreements between them.
10.2 If either the Artist or the Manager wishes to change this Agreement, the change must be in writing and must be signed by both of them.
10.3 This Agreement may be signed separately by each of the Manager and the Artist, in which case the separate copies will together be taken as the whole agreement.
10.4 No one other than the Artist and the Manager has any rights under this Agreement.
10.5 The Manager may act as manager to other artists so long as this does not conflict with his duties in respect of managing the Artist.
10.6 If the Manager is VAT-registered, it may charge the Artist VAT in respect of the services provided under this Agreement, which shall be payable in addition.
10.7 For "one-off" live performances and personal appearances only, the Manager may enter into and sign agreements, and give so-called "performers' consents" for the Artist. Otherwise, the Manager may not sign, or suggest that he may sign, for the Artist.
10.8 The Manager will not be liable for any breach of contract by any other person who makes a contract with the Artist.
10.9 Neither the Manager nor the Artist may refuse or delay their consent or approval without good reason.
10.10 Nothing in this Agreement creates a partnership between the Artist and the Manager.
10.11 Each party confirms it is acting on its own behalf and not for the benefit of any other person.
11. Notices
11.1 If either Party wants to give a notice to the other, it shall be in writing and signed. It should be delivered personally, or by sending it by pre-paid recorded delivery or registered post to the other party to the address at the beginning of this Agreement, or by email, to an email address nominated by each party or, if no email address has been nominated, the most recently used email address between the Parties.
11.2 If the notice is given by post, it will be treated as having been received on the second business day after posting (this excludes weekends and public holidays). If the notice is delivered personally, it will be treated as having been received on the day it is received, unless this is not a business day, in which case it will be treated as having been received on the next business day. If notice is given by email it will be treated as having been received 24 hours after it is sent, as long as it sent to the correct email address and no notice is received to indicate that the email has not been received by the other Party.
12. Disputes
12.1 This Agreement and any dispute or claim relating to or connected with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
12.2 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.
12.3 If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
12.4 Any dispute shall not affect the Parties' ongoing obligations under the Agreement.
12.5 The Parties agree that the courts of England and Wales are the only place where disputes or claims relating to or connected with this Agreement (including non-contractual disputes or claims) may be decided.
13. Signing
Each of the Parties agrees to the terms of this Agreement by signing below:
Signed by [Insert name of Manager]:
Here Name :
On behalf of [Insert Company Name]
Here Name :
2. I confirm that I have been advised to take independent legal advice on the terms of this Agreement and that I have read and fully understand the terms,
Signed by [Insert name of Artist]:
Here Name :
Schedule
This Schedule is part of the Management Agreement dated [Insert date] ("the Agreement") between the Manager and the Artist. This Schedule refers to some terms agreed in relation to the services the Manager will provide.
Term
The Manager's engagement shall begin on the Start Date and last for the next [3 (three)] years ("the First Period"). At the end of the First Period the Manager will carry on as the Artist's manager unless or until either Party gives the other at least [3 (three)] months' notice in writing to end the engagement. The Term shall not last longer than [5 (five)] years from the Start Date unless both Parties agree to carry on.
Trial Period
The first year of the First Period is a Trial Period. The Term will end on the first anniversary of the Start Date if either the Manager or the Artist gives the other at least 1 (one) month’s advance notice to end the Agreement on that date. If not, the First Period continues as set out earlier under the heading Term.
Performance Incentive
The Term will end on the second anniversary of the Start Date if the Manager fails to get an offer of a recording or publishing contract for the Artist by then AND the Artist gives the Manager at least [3 (three)] months’ advance notice to end the Agreement on that date. If not, the First Period continues as set out earlier under the heading Term.
Net Income
Net Income in this Agreement means all money (not including VAT and similar taxes) paid or credited to the Artist from any live performance conducted [or organised by the Manager] during the Term including any tour merchandising income and tour support payment less all agreed direct expenses of the performance.
[It might be worth listing some examples of these costs - e.g. promoter, agency, production, travel, musicians etc.]
Total Income
Total Income in this Agreement means all money such as advances, fees and royalties (not including VAT, similar taxes, and royalties earned where the Manager has already been paid a cut of the advance) paid or credited to the Artist from anything done in the Artist's Career during the Term (or within one year after the end of the Term) under a contract made during the Term. Total Income does not include:
- earnings from songs written or tracks recorded by the Artist either before the Start Date or after the end of the Term;
- the costs of making the Artist's sound or video recordings;
- fees or royalties paid by or for the Artist to producers, engineers or remixers;
- money paid to the artist as tour support;
- Anything else paid on behalf of the Artist which is recovered by the payer from subsequent income payable to the Artist - e.g. marketing expenditure paid by the Artist's record company.
Manager's Cut After The Term
The Manager will be paid its cut [in full (100%)] for [10 (ten)] years after the end of the Term, then at [half rate (50%)] for [10 (ten)] years from the [tenth] anniversary of the end of the Term, and from the [twentieth] anniversary of the end of the Term the Manager's cut will stop.
Expenses
The Individual Limit for a cost which does not need the Artist's approval in advance is [£200 (two hundred pounds)]. The Annual Limit for the total of all costs without the Artist's approval in advance is [£1,000 (one thousand pounds)].
Key Person Clause
If [enter name of key person] shall no longer be in day-to-day control of the Artist, [or be employed full-time by the Manager,] or if for any reason the Manager cannot provide his or her services for a continuous period of more than 28 days, the Artist may end the Term of this Agreement on one month's written notice.]
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