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 ARTIST-AGENT AGREEMENT (the “Agreement”) is made and entered into as
of [DATE] by and between ____________________ (the “Agent”) and
___________________ (the “Artist”).
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:
Artist hereby appoints Agent to act as his/her exclusive representative pursuant to the
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.].
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)
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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
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.
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
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.
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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.
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.
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.
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.
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.
1. Notices. Notices shall be sent to the following address:
For Agent: _____________________
For Artist: _____________________
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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.
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