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”).
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
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
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
Artist hereby appoints Agent to act as its exclusive representative pursuant to the
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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)].
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.
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.
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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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
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.
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.
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.
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
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
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.
Print Name Print Name
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