Please, is this a good artiste/management contract?
Posted in Uncategorized on March 31st, 2009 by Wade Henderson – 2 CommentsNOW THIS DEED WITNESSETH
In consideration of the mutual promises and covenants herein explicitly contained the parties hereby agree as follows:
1.BINDING EFFECT OF AGREEMENT
This agreement shall be binding on both parties.
2.EXPLOITATION OF RECORDING / NON – RECORDING BASED ARTISTIC ACTIVITIES.
The artiste shall retain the copyright to sell all recordings done by him whether in public performance or studio recordings.
This ARTISTE shall offer his exclusive services as a performing artiste to the MANAGEMENT and the MANAGEMENT shall make performance, appearance and endorsement services of the ARTISTE available to patrons worldwide on the terms and conditions approved by the artiste.
3.CONTRACT PERIOD
The ARTISTE undertakes and agrees to:
i.Have the MANAGEMENT represent him in ALL performance/appearance related negotiations (formal/informal/promotional) and service delivery.
ii.Work exclusively with the MANAGEMENT in this regard over a period of 24 months (2 years). This period shall run from ……of November, 2007 to ….. October, 2009.
4.TERMS OF DISSOLVEMENT
MANAGEMENT will automatically terminate this agreement if the following occurs:
i.In case of the Artiste being unable to function productively in his capacity as an Artiste.
ii.If the artiste acts in a manner contrary to the Management’s accepted standard of Public decorum. The artiste shall be deemed to have breached this clause if he:
a)Channel any of his protest to the clients, promoters or media rather than to the Management.
b)Fails consistently to be punctual to business meetings, press conferences, events, sound checks, rehearsal times etc.
c)Willingly breaches the rules and regulations concerning public facilities such as hotels, airplanes, airport lounges etc.
iii.If the Artiste repeatedly fail to conduct himself in a manner professional enough to encourage sustainable viability as a brand.
iv.If the artiste breaches one or more of the terms of this agreement.
The ARTISTE can terminate the contract if there is evidence of gross professional misconduct on the part of MANAGEMENT especially in case of financial impropriety or the non-performance of the terms of this agreement.
5.OPTION PERIOD
Three months before the expiration of this contract the ARTISTE has the right to exercise the option of to either terminate the present agreement by giving written notice or to prolong the duration the present contract. This is however subject to the prior notification and settlement of any outstanding payments owed to the MANAGEMENT or to the ARTISTE.
6.EXCLUSIVITY OF THE ARTISTE
The artiste hereby warrants and represents that:
i.he shall not during the period of this agreement grant anybody except the MANAGEMENT the rights granted to the MANAGEMENT hereunder (save for agreements already in place between the ARTISTE and third parties prior to the commencement of this agreement which said agreement shall continue to operate but shall not be renewed without the consent of the MANAGEMENT).
ii.He shall assist in/or be involved in performances with other artistes if he so desires but has the responsibility to inform the MANAGEMENT to enable them protect its business interest and image effectively even in the course of such activities.
7.SERVICES
The MANAGEMENT shall
i.Assist the Artiste’s label in the preparatory work and other stages of his recordings
ii.Oversee the planning of publicity. Distribution and marketing campaigns.
iii.Co-ordinate tours schedule and produce his performances.
iv.Handing the day-to-day task of managing the artiste’s career.
v.Act as booking and talent agents.
vi.Acting as liaison for communication between the artiste and the rest of the public.
8.PROMOTION/ADVERTISEMENT AND MARKETING
The MANAGEMENT shall:
i.Take co-ordination responsibility for the packaging and marketing of the ARTISTE within the duration of the contract period.
ii.Represent the Artiste’s interest in managerial capacity worldwide.
The ARTISTE shall
i.Sight and approve all packaging concepts and promo materials before the management make use of them
ii.Take financial responsibility for the packaging, promotion and marketing activities of the MANAGEMENT.
9.MODE AND TERMS OF PAYMENT
i. The MANAGEMENT is entitled to 20% of the gross earnings of the ARTISTE on appearance, performance and endorsement fees excluding gifts in kind.
ii.The MANAGEMENT will receive its part of the payment as soon as the service for which the artiste is contracted has been delivered and full payment has been made.
10.QUALITY CONTROL
The MANAGEMENT has the responsibility to ensure and guarantee control on all of Artiste’s public appearances, speeches, comments and performances.
11.ENTIRE AGREEMENT
This agreement consist the entire agreement between the parties and shall only be modified or added to in writing
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