This document is an agreement between an artist and an agent. Each party is acting in an independent contractor capacity and the agent is hired to represent the artist and receives a commission. This document sets forth options that the artist should consider before entering into this agreement. As drafted this agreement contains standard language, such as the relationship between the parties, billing, payment, and an attorneys' fees provision. This document also contains opportunities for customization in order to fit the needs of the drafting parties.
This document is an agreement between an artist and an agent. Each party is acting in an independent contractor capacity and the agent is hired to represent the artist and receives a commission. This document sets forth options that the artist should consider before entering into this agreement. As drafted this agreement contains standard language, such as the relationship between the parties, billing, payment, and an attorneys' fees provision. This document also contains opportunities for customization in order to fit the needs of the drafting parties. ARTIST-AGENT AGREEMENT This ARTIST-AGENT AGREEMENT (the “Agreement”) is made and entered into as of [DATE] by and between ____________________ (the “Agent”) and ___________________ (the “Artist”). RECITALS WHEREAS, Artist is an established artist of proven talent in the field of [INSERT FIELD, SUCH AS, MUSIC, ART, FILM, ETC.]. WHEREAS, Artist declares that all work submitted, displayed and or sold is solely his/her creation and property; WHEREAS, the Artist wishes to have an agent represent him/her in marketing certain rights set forth herein; WHEREAS, Agent is capable of and has experience in marketing the [INSERT NATURE OF ARTWORK] produced or created by Artist (the “Work”); WHEREAS, Agent wishes to represent the Artist; NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration as set forth herein, Artist and Agent hereby agree as follows: I. AGENCY Artist hereby appoints Agent to act as his/her exclusive representative pursuant to the following guidelines: 1. Geographic Region. The geographic regions inside of which Agent shall act as Artist’s exclusive representative are: [SPECIFY REGION]. 2. Markets. The markets in which Agent shall act as Artist’s exclusive representative are: [SPECIFY MARKET, SUCH AS, SALES, PUBLISHING, ADVERTISING, LICENSING, DISTRIBUTION, ETC.]. II. PROMOTION Artist shall provide Agent with samples of his/her Work as are from time to time necessary for the purpose of securing engagements. Engagements shall be defined as any agreement relating to the exploitation, promotion, and/or marketing, etc. of the Work. These samples shall remain the property of Artist and be returned within forty-five (45) © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 days of termination of this Agreement. Agent shall take reasonable steps to protect the Work from loss or damage, but shall be liable for such loss or damage only if caused by the Agent’s negligence. III. BEST EFFORTS 1. Agent agrees to use best efforts in [DESCRIBE AGENTS FUNCTION, SUCH AS SPECIFIC ARTIST TALENTS AND/OR PRODUCTS TO BE MARKETED]. Agent shall negotiate the terms of any engagement should Artist find the terms thereof unacceptable. 2. Agent is not required to render exclusive services to Artist or devote his/her entire time to Artist’s affairs. Nothing herein shall be construed to limit Agent’s rights 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. IV. COMMISSIONS The Agent shall be entitled to the following commissions: 1. Agent Engagements. On engagements secured by Agent, _______ (% Amount) percent of the billing. 2. Recurring Accounts. On recurring accounts, __________ percent of the billing. For the purposes of this Agreement, recurring accounts are defined as accounts obtained by Artist at any time or obtained by another agent representing Artist prior to the commencement of this Agreement. 3. Rejected Engagements. No commission shall be paid on engagements rejected by Artist or for which Artist fails to receive payments, regardless of the reason payment is not made. V. RELATIONSHIP OF PARTIES The relationship of the parties is that of independent contractors. Nothing contained in this Agreement and no action by either party shall be deemed to constitute any party or any of such party’s employees or agents to be an employee or agent of the other party or shall be deemed to create any partnership, joint venture, association, syndicate among or between any of the parties, or shall be deemed to confer on any party any express or implied right, power or authority to enter into any agreement or commitment, express or implied, or to incur any obligation or liability on behalf of the other party. VI. BILLING © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 Agent shall be responsible for sending an invoice to Artist, which details all amounts corresponding to the commission due. No payment to the Agent shall be due without an invoice. In the event that Agent should receive payment due Artist, Agent shall immediately remit such payment to Artist and shall not deduct any sums for himself/herself without the express written consent of Artist. VII. PAYMENTS All payments to Agent are due within thirty (30) days of receipt of any invoice covered by this Agreement. Late payments shall be accompanied by interest calculated at the rate of __% per month. VIII. ACCOUNTING If requested, Agent shall provide Artist with semiannual accountings showing all revenue generated for the period, the source and dates of all payments, fees paid, expenses incurred on behalf of the Artist, the amounts on which the Agent’s commissions are to be calculated, and the sums due less those amounts already paid. IX. TERMINATION This Agreement may be terminated by either party by giving [NUMBER] days written notice to the other party. If Artist receives engagements after the termination date from clients originally procured by Agent during the term of this Agreement, the commission specified above shall be payable to the Agent for all engagements within [NUMBER] days of the date of termination. X. ASSIGNMENT This Agreement shall not be assigned by either of the parties hereto without the written consent of the other. It shall be binding on and shall inure to the benefit of the successors, administrators, executors, or heirs of Agent and Artist. XI. MISCELLANEOUS 1. Notices. Notices shall be sent to the following address: For Agent: _____________________ _____________________ _____________________ For Artist: _____________________ _____________________ _____________________. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4 2. Entire Agreement. This Agreement constitutes the entire agreement, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. 3. Severability of Agreement. To the extent that any provision hereof is deemed unenforceable, all remaining provisions of this Agreement shall not be affected thereby and shall remain in full force and effect. 4. Waiver of Breach. The waiver of a breach of any provision of this Agreement shall not operate as a waiver of any subsequent breach. No waiver shall be valid unless placed in writing and signed by the waiving party. 5. Choice of Law, Jurisdiction, Venue and Attorneys’ Fees. This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of [STATE], without regard to conflicts of law principles. The parties further agree and consent that venue of any action hereunder shall be exclusively in the county of [COUNTY]. In any suit or arbitration on this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs. IN WITNESS WHEREOF, the Agent and Artist have executed this Agreement as of the date first above written. AGENT ARTIST Signature Signature Print Name Print Name © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 5
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