Please DO NOT use this contract verbatim. This is only offered here as an example of what a management contract might look like. If you are planning to start your own management agency and are looking for a contract you may use this one as a basis but you MAY NOT use it exactly as it shows here. AMS policies may not be exactly what your company policies are. Have your attorney draw up your own contract reflecting your agencies specific needs. Not all management contracts are the same and this is not to be used as a free "catch all" to save you money it is only a resource. If we find people abusing this we will remove our contracts from websites and take legal action against offending parties. Please don't be the reason we have to remove this great resource to help people.
Artist Management Services
<band name or artist>
FOR MANAGEMENT SERVICES
Agreement Number 10
SECTION I - SCOPE OF THE AGREEMENT
1] This Master Agreement ("Agreement") is made by and between Artist Management Services ("Manager"), with its principle location at (enter management address) and <band name or artist> ("Artist") in whole or in part. The terms and conditions contained in the Agreement exclusively govern the management and/or counsel of the Artist and any other related activity.
2] This Agreement shall be amended only by mutual agreement of the parties. Any such amendment shall be signed by the respective parties.
If any term of this Agreement conflicts with any term relating to the purchase of the Artist contained in any issued or other agreement and/or performance contract, this Agreement shall take precedence.
SECTION II- TERM OF THE AGREEMENT
This Agreement shall commence on __________ and ends one (1) years later (Initial Period") .
If during the Initial Period <band name or artist> enters into any agreement with a record production and/or distribution company granting such company my exclusive services as a recording artist and/or the exclusive right to record, purchase, produce, manufacture, license, distribute, and/or otherwise exploit master recordings or phonograph records, tapes or compact disks, embodying my performances (the recording Agreement), then without any further action on Artist Management Services's part and without any notification to <band name or artist> thereof, the term of this Agreement shall be automatically extended for an additional period of 3 years. If during the Initial Period <band name or artist> fails to enter into a Recording Agreement, then the term of this Agreement shall terminate upon the expiration of the Initial Period hereof.This contract may be re-negotiated at the end of the term of the Agreement. This Agreement shall also be in effect if one of the following conditions exist; 1] Artist changes its name from <band name or artist> to___________________ 2] Individual members are replaced, deleted or added 3] Artist is disbanded and re-established by individual members in whole or in part, or by any other name. SECTION III - MANAGEMENT RESPONSIBILITIES Artist Management Services accepts said employment and agrees subject to <band name or artist>'s availability and cooperation: To advise and counsel <band name or artist> with respect to decisions concerning employment, publicity, selection of literary, artistic and musical material, wardrobe, public relations and advertising, selection of theatrical and booking agencies and/or Artist's agents and all other matters pertaining to my professional activities and career in the entertainment, amusement, music, recording and literary fields. To advise and counsel me with relation to adoption of the proper format for presentation of my talents and in the determination of proper style, mood and setting in keeping with <band name or artist>'s talents and best interests. To advise and counsel <band name or artist> with regard to general practices in the entertainment, amusement, music, recordings and literary fields, and with respect to compensation and terms of contracts thereto. To use reasonable efforts to promote and enhance my professional reputation and standing. To be available to <band name or artist> for consultation and rendition of services to <band name or artist> at all reasonable times. To advise and counsel <band name or artist> on the selection and final use or contractual agreement with any theatrical and booking agencies and/or <band name or artist> agent(s) Management will be responsible for the overall management of the Artist to include but not limited to: 1] Career Development 2] Management of Artist business affairs 3] Money management by account 4] Recording Contracts 5] Merchandise Management 6] Location of a Tour Manager 7] Overall professionalism of Artist 8] Publicity and Promotion Management will not forecast and/or guarantee success within the entertainment industry, but will represent and manage the affairs of Artist to the best of management's ability. Manager will act on the best interest for the potential future success of the Artist at all times. Manager will at all times counsel and propose all business opportunities to client. All major business decisions will be jointly agreed upon by both Manager and Artist. Artist will select one person to act as spokesperson. Manager will maintain all records, ledgers, inventories and accounts for the Artist. These records, ledgers, inventories, and accounts will be available for Artist audit at all times. Manager will publish periodic reports as to the activity of management and status of all accounts and business activity. All business decisions will be approved with the Artist prior to completion or commitment on any business arrangement or contract with a third party. Management will not be present at all performances or Artist related functions, but will make best efforts to insure proper management representation as required and determined by management at all times at each function and/or engagement. These employees of Manager, shall act in the best interest of the Artist and any other management guidelines established by management or that particular Artist. Manager and/or the management company (Artist Management Services) will not be a financial source to the artist. Upon successful signing of this Agreement, Manager in cooperation with the Artist will develop a detailed business plan to be presented and approved by the Artist. This will be the document to be used as the strategy for the Artist within the entertainment industry. SECTION IV - ARTIST RESPONSIBILITY General Artist shall abide by all guidelines and bylaws established by Manager at all times. Artist shall select one individual as the signature authority for all contracts or agreements above and beyond this Agreement. All the terms and conditions of this Agreement shall apply to all subsequent agreements and/or contracts. Artist shall not enter into any contract, or agreement without counsel from Manager. If Artist chooses, after counsel , to enter into any contract or agreement, Manager will not be responsible for the outcome of such agreements). Artist can not enter into any other management Agreement without the completed termination of this Agreement. All business leads and/or proposals made to Artist by third parties shall be referred to Manager at all times. Manager will then propose said lead to the Artist for counsel and review. Artist shall on a period basis review all business accounts and activities with Manager. A sign off of joint approval shall take place at such time that all accounts balance and meet the approval of both the Artist and Manager. Artist agrees to reimburse Artist Management Services for any and all reasonable expenses which Artist Management Services may incur on my behalf or on my account, including but not limited to those in connection with postal correspondence, long distance telephone calls, faxes, publicity material, tapes, posters, press kits, merchandising, ads and travel expenses (provided that <band name or artist> requested Artist Management Services to travel outside of Arkansas on <band name or artist>'s behalf) Reimbursement of expenses as aforesaid shall be due within thirty (30) days after the receipt of an invoice of itemized statements setting forth the nature and amount of each such expense. The Artist will not be responsible for any administrative costs of Artist Management Services including but not limited to rent, overhead, utilities and salaries of any employees of Artist Management Services. Artist agrees that at all times to devote themself/themselves to the furtherance of the Artists career and to do all the things necessary and desirable to promote the Artists career and earnings therefrom. Artist will not enter into any agreements or commitments which shall in any manner interfere with the Managers ability to carry out the terms and conditions of this Agreement. Agency Representation Artist shall at all times engage and utilize proper talent agencies and theatrical agents to obtain engagements and employment. Artist understands that Artist Management Services is not a licensed booking agency and is not in the business of procuring employment or engagements. Although, Artist Management Services shall advise the Artist concerning prospective employment or engagements. Management is not obligated to seek employment not do any acts or things done by talent agencies unless mutually agreed to by both the Artist and Manager. AMS does occasionally do booking arrangements for their acts in lieu of obtaining professional talent or booking agencies. Consultation Artist shall refer to Artist Management Services all verbal or written leads, communications, or requests for the rendition of Artist's services. Artist shall consult with Management concerning each and every engagement, performance, booking or contract offered and the Artist shall consult with Artist Management Services regarding each engagement, performance, booking or contract that the Artist accepts. SECTION V - CONFIDENTIALITY Manager and Artist shall at all times keep the terms and conditions of this and any subsequent Agreements confidential. None of the terms and conditions and/or documents associated with Artist and Manager shall be reproduced or distributed without both the Manager and Artist approval. All financial data associated with both the Manager and Artist shall not be released or discussed without proper approval by either the Artist or Manager. This information will be released to "need to know" individuals only. "Need to know" is defined as individuals who directly affect the overall financial and legal success of the Artist. Examples would include, Artists attorney, potential investors etc. SECTION VI - PAYMENT TO MANAGER Since the nature and extent of the success or failure of <band name or artist>'s career cannot be predetermined, it is <band name or artist>'s desire that Artist Management Services's defined in this Agreement be determined in such a manner as will permit Artist Management Services to accept the risk of failure and likewise benefit to the extent of <band name or artist>'s success. As compensation for Artist Management Services's services, as hereinafter described, <band name or artist> agrees to pay Artist Management Services management, as and when received by <band name or artist>, (and the compensation to Artist Management Services hereunder shall be payable only with respect to gross moneys or other considerations actually received by <band name or artist>). Compensation, per this Section VI shall not be inclusive of expense reimbursement further defined in Section IV- Artist Responsibility. Manager shall receive fifteen (15) percent of all gross revenue generated by Artist in whole or in part, at all performances for the term of this Agreement. Gross revenue is defined as all payments to the Artist prior to any and all expenses or other financial commitments. Manager will not be compensated for any publishing rights of any subsequent recordings and any employ outside of the directly related scope of this Agreement. Manager will also receive payment for other related activities and accounts per the percentages below: Covered Items: Performance revenue (live shows) - 15% of gross per Section VI above. Merchandising revenue ( t-shirts etc) - 10% percent of gross revenue Performance royalties (radio/airplay royalties) - 10% percent of gross revenue Mechanical royalties (record sales) - 15% percent of all gross revenue Personal appearances - (tv and radio paid interviews/commercials) - 5% of all gross revenue. If the total of all payments from the covered items above is equal to or less than two hundred fifty ($250.00) dollars per month, Artist will compensate Manager at the rate of two hundred fifty ($250.00) dollars per month. Non Covered Items: Second jobs (outside of the entertainment industry) Endorsements Publishing rights Gifts and awards Payment shall be on a monthly basis until such time that the Artist revenue flow exceeds two thousand dollars weekly. At such time that the revenue does in fact exceed the limit, payment will then be paid weekly. If Artist gross revenue exceeds seventy five thousand dollars yearly, payment to Manager will then be made at an additional two (2%) percent for the next one hundred and fifty thousand ($150,000) and then capped at twenty five (25%) percent after the initial two hundred and twenty five thousand ($225,000). Payment to Manager shall be in check, money order or certified moneys drawn from Artists esgrow accounts with the prior notification and approval by Artist. All payments to Manager shall be audited as part of the account audit process. SECTION VII - ADDITIONAL COUNSEL AND MANAGEMENT At some time, it will become necessary to employ legal counsel and/or financial advisors for the Artist. The selection process will be done jointly by both the Manager and Artist. The legal and financial counsel shall become an integral part of the overall management team for the Artist. All business and financial decisions shall then be jointly approved and made. This is mandatory when Artist acquires a recording contract. The Artist shall represent and warrant that the Artist has been advised of their right to seek legal counsel of the Artists own choosing in connection with the negotiation and execution of this contract. The Artist represents and warrants that they are wholly free to enter into this Agreement and to grant the rights herein granted to Artist Management Services, and that the Artist is not party to any agreements, and that the Artist does not have any obligations which conflict with any of the provisions hereof. In the case where the Artist is a minor, The Artist is required to have a legal parent or guardian execute this Agreement in addition to the Artist. The legal parent or guardian is responsible for all payments per the terms and conditions of this Agreement on behalf of the Artist. SECTION VIII - TERMINATION FOR CAUSE The occurrence of any of the following constitutes a breach and is cause for Managers and Artists termination of this Agreement a] Artist and/or Manager does not meet the terms and conditions of the Agreement. b] Artist and/or Manager acts in any illegal or engages in any illegal activity. Manager and Artist must cure any of the above breaches and notify Manager or Artist of such cure within thirty (30) calendar days from receipt of a notice to cure from either the Manager or Artist. If Manager or Artist fails to so cure, either party may terminate this Agreement upon written notice from the terminating party. Upon termination of this Agreement for any reason, all Artist and/or Manager funds will be transferred back to the proper party, net of any funds owed each other. This Agreement will not be considered until both parties have been properly compensated per the terms and conditions of this Agreement. All property of the other party must also be returned immediately upon termination. SECTION IX - TERMINATION FOR CONVENIENCE Manager or Artist, at his/her discretion may terminate this Agreement for convenience ninety (90) calendar days after giving the other party written notice. Upon receipt of such written notice to terminate, the Manager or Artist must then meet with the other party to clear and complete all transactions and obligations under this Agreement. The Artists obligations in the event of termination will be to compensate Manager for all moneys owed to Manager within fifteen (15) calendar days from the date of termination. In addition, if termination is in fact generated by the Artist, Manager will be entitled to perpetuity revenue for a period of two (2) years from the date of termination. This payment to Manager will be based on a fifty percent rate of the payment schedule per Section VI - Payment to Manager of this Agreement. SECTION X - NOTICES Any notices given under this Agreement shall be written or telegraphic. Written notice shall be sent Registered Certified mail, postage prepaid, return receipt requested. Any telegraphic notices shall be deemed given upon receipt, provided that such notice is followed in three (3) days with a written notice. All notices shall be effective when the first notice is received. All notices under this Agreement shall be sent to the following addresses: Artist Artist Management Services _________________________ 48 Dogwood Lane, _________________________ Springfield, AR 72157 _________________________ attn.; Tam McClure President of A.M.S. _________________________ (501)354-3724 office SECTION XI - SURVIVAL The provisions of this Agreement dealing with Payment, Confidentiality, Perpetuity, General Provisions (subsection C) shall survive termination of this Agreement. SECTION XII - AUTHORITY / POWER OF ATTORNEY Artist Management Services, on the Artist's behalf, do the following: approve and permit any and all publicity and advertising: approve and permit the use of my name, photograph, likeness, voice, sound effect, caricature, literary, artistic and musical materials for purposes of advertising and publicity in the promotion and advertising of any and all products and services: execute for the Artist in the Artist's name and/or on the Artists behalf, any and all agreements, documents, and contracts for my services, talents and/or artistic, literary and musical materials, provided that the Artist is unavailable to do the same on the Artist's own behalf, Artist has been apprised of the material terms thereof and the Artist has granted Artist Management Services the authority to execute such agreements in each specific instance. SECTION XIII - INDEMNIFICATION OF THE PARTIES Artist Management Services shall at all times, defend, indemnify and hold the Artist, the Artist's respective agents, employees, representatives, affiliated entities, successors, heirs and designees or legatees, harmless from and against any and all claims, damages, liabilities, costs and expenses, including, without limitation, reasonable legal expenses and attorney's fees, arising out of any breach by the Manager of any warranty, representation or agreement made by Artist Management Services hereunder or otherwise arising out of Artist Management Services's services on the Artists behalf as a result of this Agreement. The Artist shall at all times defend, indemnify and hold the Artist Management Services, manager's respective agents, employees, representatives, affiliated entities, successors, heirs and designees or legatees, harmless from and against any and all claims, damages, liabilities, costs and expenses, including, without limitation, reasonable legal expenses and attorney's fees, arising out of any breach by the Manager of any warranty, representation or agreement made by the Artist hereunder. SECTION XIII - GENERAL PROVISIONS Only the authorized representatives of the parties may amend or waive provisions of this Agreement, and must be agreed to in writing. If either party fails to enforce any term of this Agreement, failure to enforce on those occasions shall not prevent enforcement on any other occasion. All rights and remedies conferred by this Agreement, by any other instrument, or by law are cumulative and may be exercised singularly or concurrently. If any provisions of this Agreement are held invalid by any law or regulation of any government or by any court, such invalidity shall not effect the enforceability of other provisions herein. This Agreement issued hereunder shall be governed by and interpreted in accordance with the laws of the Commonwealth of Arkansas. Manager shall not assign Manager's rights under this Agreement without the Artist's express written approval exercisable in the Artist's sole and absolute discretion (unless such assignment is to a company at which Manager shall during the term hereof continue to act as the Artist's personal manager on a day to day basis). Upon termination of this Agreement for any reason, both the Artist and Manager either in whole or in part shall not disclose the reasons for termination or act in any manner either written or verbally that could jeopardize the future business success of the other party. If Artist or Manager is in breach on this provision, the other party could be liable for punitive damages as determined in a court of law. Specialized provisions requested by artists: _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ IN WITNESS, the parties have executed this Agreement effective the commencement of the contract period. ARTIST Artist Management Services _______________________________ date__________________________ _______________________________ date_________________________ _______________________________ date_________________________ _______________________________ date_________________________ name typed_____________________________ _______________________________________ _______________________________________ _______________________________________ Tammie J. McClure (Tam) Signature________________________date____________ President Artist Management Services date ___________________________ date_________________________ Nortary Public Signature______________________________ Notary Public Name Typed____________________________ Seal: BACK