Artist Agent-Engagement Agreement

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Artist Agent-Engagement Agreement Powered By Docstoc
					This document sets forth the terms of an agreement between an artist and an agent
who will represent the business interests of the artist. This document sets forth
considerations for each party before entering the agreement. As drafted it contains
standard language, such as the independent contractor relationship between the
parties, the commission to be earned, billing, and payment. This document also
contains opportunities for customization in order to fit the needs of the drafting parties.
      I.             ARTIST–AGENT ENGAGEMENT AGREEMENT
       This Artist-Agent Engagement Agreement (this “Agreement”) is hereby made and
entered into on this _______ day of ______, ____ by and between ____________________
(“Agent”) and ___________________ (“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 swears that all work submitted, displayed, and/or sold is solely its
creation and property;

        WHEREAS, Artist wishes to have an agent represent it in marketing certain rights set
forth herein;

       WHEREAS, Agent is capable of and has experience in marketing the artwork or
intangibles produced or created by Artist (the “Work”); and

           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:

                                                        TERMS

I.         RELATIONSHIP OF PARTIES

        The relationship of Agent to Artist is that of independent contractor. Nothing contained
in this Agreement and no action by either party shall be deemed to create and employment or
agent relationship between any party or any party’s employees or agents, to create any
partnership, joint venture, association, or syndicate among or between any of the parties, or 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.

II.        AGENCY

       Artist hereby appoints Agent to act as its exclusive representative pursuant to the
following guidelines:




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         A.      Geographic Region
                 The geographic regions inside of which Agent shall act as Artist’s exclusive
                 representative are: [SPECIFY REGION(S)].

         B.      Markets

                 The markets in which Agent shall act as Artist’s exclusive representative are:
                 [SPECIFY MARKET, SUCH AS, SALES, PUBLISHING, ADVERTISING,
                 LEASING, LICENSING, DISTRIBUTION, ETC.].

III.     BEST EFFORTS

       Agent agrees to use its best efforts in [DESCRIBE AGENT’S FUNCTION]. Agent shall
negotiate the terms of any engagement that is offered, but Artist shall have the right to reject any
such engagement should Artist find the terms thereof unacceptable.

IV.      PROMOTION

        Artist shall provide Agent with samples of the Work as are from time to time necessary
for the purpose of securing engagements. These samples shall remain the property of Artist and
be returned within ___ (__) 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.

V.       COMMISSIONS

         Agent shall be entitled to the following commissions:

         A.        Agent Engagements

                   On engagements secured by Agent, _______ percent (____%) of the billing.

         B.        Recurring Accounts

                   On recurring accounts, _______ percent (____%). 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.

         C.        Rejected Engagements

                   No commission shall be paid on engagements rejected by Artist or for which
                   Artist fails to receive payment, regardless of the reason payment is not made.




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VI.      BILLING

       Agent shall be responsible for sending invoices to Artist detailing all amounts
corresponding to the commission due. No payment to Agent shall be granted without an invoice.
When Agent is the caretaker of payment that is intended for Artist, Agent shall immediately
remit such payment to Artist and shall not appropriate any sums for itself under any
circumstances.

VII.     PAYMENTS

        All payments to Agent are due within ____ (__) days of receipt of any fee or invoice
covered by this Agreement. Late payments shall be accompanied by the interest calculated at the
rate of _______ percent (____%) per month.

VIII. ACCOUNTING

        The party responsible for billing shall send copies of invoices to the other party. If
requested, that party shall also provide the other party with semiannual accountings showing all
billings and engagements for the period, clients’ names, fees paid, expenses incurred by Artist,
dates of payment, amounts on which Agent’s commissions are to be calculated, and sums due
less those amounts already paid.

IX.      TERMINATION

        This Agreement may be terminated by either party by giving ___ (__) day’s written
notice to the other party. If Artist receives assignments after the termination date from clients
originally procured by Agent during the term of this Agreement, the commission specified above
shall be payable to Agent for all engagements within ___ (__) days of the date of termination.

X.       ASSIGNMENT

       This Agreement shall not be assigned by either of the parties hereto. It shall be binding
on and shall inure to the benefit of the successors, administrators, executors, and/or heirs of
Agent and Artist.

XI.      MISCELLANEOUS PROVISIONS

         A.        Notices

                   Notices shall be sent to the following addresses:

                   For Agent:                   _____________________
                                                _____________________
                                                _____________________




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                   For Artist:                  _____________________
                                                _____________________
                                                _____________________.

         B.        Entire Agreement

                   This Agreement constitutes the entire agreement between the parties, 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.

         C.        Severability of Agreement

                   To the extent that any provision herein is deemed unenforceable, all remaining
                   provisions of this Agreement shall not be affected thereby and shall remain in full
                   force and effect.

         D.        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.

         E.        Choice of Law, Jurisdiction, and Venue

                   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 WITNESS WHEREOF, Agent and Artist have hereby executed this Agreement as of
the date first above written.


AGENT                                                          ARTIST


Signature                                                      Signature


Print Name                                                     Print Name




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DOCUMENT INFO
Description: This document sets forth the terms of an agreement between an artist and an agent who will represent the business interests of the artist. This document sets forth considerations for each party before entering the agreement. As drafted it contains standard language, such as the independent contractor relationship between the parties, the commission to be earned, billing, and payment. This document also contains opportunities for customization in order to fit the needs of the drafting parties.
This document is also part of a package Entertainment Starter Kit 30 Documents Included