MANAGEMENT AGREEMENT FOR ENTERTAINMENT ARTIST
Information & Benefits:
Summary
The Company organizes, publicizes, arranges for and acquires work for the Artist (including musicians, composers, television and radio personalities, and other entertainment talent) and assists them in obtaining public exposure through various commercial and non-commercial mediums.
Rights
Company has the right to solicit, negotiate, and enter into agreements for and on behalf of the Artist for the exploitation of Intellectual Property, Performances, merchandising, commercial tie-ups, publishing, personal appearances, and endorsements. Company is given the exclusive right to record by any media now known or hereinafter discovered any or all of the Artist's Performances.
Work Made for Hire
Artist's appearances and performances are considered "works made for hire" under the United States Copyright Act and the Company may obtain copyright and/or trademark and/or any other legal protection in its name.
Intellectual Property
Company is given the exclusive right to assign, license, sublicense, reproduce, promote, expose, exploit and otherwise use the Intellectual Property derived from the Artist. Artist agrees to cooperate fully and in good faith with Company for the purpose of securing and preserving rights in and to the Intellectual Property.
Merchandising
Company is given the exclusive right to manufacture, distribute and/or sell any and all, goods, merchandise and other items incorporating the Artist or his/her work including t-shirts, posters, photos, video tapes and video cassettes, dolls, and books.
Exclusivity
The parties agree that the rights, licenses, privileges and all other items herein given or granted or assigned by Artist are exclusive to the Company.
Payments & Royalties
The Company earns a fee equaling a certain percentage of the total gross receipts collected on behalf of the Artist. The Artist is reimbursed for a certain percentage of the total gross receipts collected on its behalf. Artist should only be eligible for payments in connection with activities arranged by the Company.
Representations & Warranties
Describes exactly what each party expects from the other and offers assurances that such expectations will be met. Company may want Artist to perform his functions and duties in accordance with the rules and dictates proscribed by the Company and according to ordinary business custom.
Company's Obligations
Company is responsible for obtaining all appropriate licenses to conduct Performances involving the Artist.
Artist's Obligations
Artist responsible for his own training, conditioning, and maintenance of his skills and abilities. Artist responsible for supplying its own training facilities, instruments and equipment, whether by purchase, lease, license, or otherwise.
Independent Contractor
Important for Company to distinguish this hire from that of an employee of the Company to avoid any tax liability in the future. The Company puts the onus of responsibility on the Artist for payment of social security or federal or state income taxes. Artist acknowledges that it is his/her legal responsibility to pay all applicable federal and state income taxes (including estimated taxes), social security, Medicare and all applicable federal and state self-employment taxes.
Severability
In the event any part, portion or provision or paragraph of this Prenuptial Agreement is declared void or invalid by any legislative act or judicial determination, the remaining portions of this Prenuptial Agreement shall not be affected and thereby it shall remain in full force and effect and be binding upon the parties hereto.
Mediation and Arbitration
Mediation and Arbitration should always specify a location in Company's jurisdiction (preferably, in the same county where they run their business). Mediation is a non-binding way to settle the dispute quickly and amicably. If unable to settle in mediation, arbitration is first option available. Arbitration is the preferred alternative to litigation because of speed, cost, and ability to maintain low profile (no info is publicly available).
Governing Law
Always stipulate that the contract will be governed under whatever law the Company ordinarily conducts business. Always make sure that venue and jurisdiction are as convenient to the Company as possible.
No Modification or Waiver
No modifications except those specifically agreed upon by the parties in writing. Any waiver of a term or provision will not act as a waiver of any other provision.
Entire Agreement
This agreement constitutes the entire agreement of the parties and may be modified only in a writing executed by both parties.
Notices
Notices should always list the current and best addresses where each party may contact the other for whatever reason.
Restrictive Covenants
Such restrictive covenants offer the Company statutory remedies for violation and often prevent an artist from unfairly competing against it or disclosing its confidential business information. As always, ensure any such restrictive covenant is within statutory parameters.
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