Musicians Answering Service – Typically, contracts with musicians are drafted with a description of the terms and payment details for a performance that will be provided to a musician or band by an agent or music agency. After making this agreement between them, all signatories will know what to expect. Unlike many other websites you might stumble upon, Rocket Lawyer offers much more than templates. In the event of non-payment or any other problem, your membership gives you additional access to document protection.
This Contract with the Musician is concluded between , , (hereinafter referred to as the Musician) and , , (hereinafter referred to as the “Agent”).
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Musician hereby employs Agent, and Agent hereby agrees to serve as Musician’s exclusive worldwide artistic director with respect to Musician’s services, performances and activities as a musician. In this Agreement, “Musician” means the undersigned Musician and Musicians performing with any band, orchestra, or other group that Musician directs or directs and Musician obligates to abide by the terms of this Agreement.
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(a) The Agent agrees to use reasonable efforts to perform the following duties: to assist the Musician in obtaining, receiving offers and negotiating the Musician’s obligations; advise, assist, advise and guide the Musician in relation to the Musician’s professional career; promote and publicize the Musician’s name and talents; conduct business correspondence on behalf of the Musician related to the Musician’s professional activities; cooperate with duly appointed and authorized representatives of the Musician in the performance of these duties.
(c) The Agent shall not incur any liability to the Musician without the Musician’s prior approval, which may not be unreasonably withheld.
(d) Agent shall comply fully with all applicable laws, rules and regulations of governmental agencies and obtain necessary licenses to perform services under this Agreement.
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(a) Agent may provide similar services to others and may participate in other businesses and ventures, subject, however, to the limitations imposed by this Agreement.
(b) Musician shall promptly forward to Agent all communications, written or oral, received by or on behalf of Musician regarding Musician’s services and performances.
(c) Without Agent’s written consent, Musician shall not engage any other person, firm or company to perform the services specified in this Agreement as Agent’s duties under this Agreement, and Musician shall not will not perform or perform in a professional manner or offer to do so, except through an agent.
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(e) The Agent may use or authorize others to use the Musician’s name and likeness in advertisements or publications relating to the Musician’s services and performances, but at no cost or expense to the Musician, unless the Musician agrees otherwise in writing.
(f) If the Musician breaches this Agreement, the Agent’s sole right and remedy for such breach shall be to receive from the Musician the commissions specified in this Agreement, but only if, how and when the Musician receives money or other consideration for which such fees are payable under this agreement.
(a) In consideration for the services to be rendered by the Agent under this Agreement, the Musician agrees to pay the Agent a commission equal to the percentages specified below on the gross sums received by the Musician, directly or indirectly, for each bond whose commissions are payable by the certain agreement:
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(2) interest on different single day assignments, each for different employers at different locations.
(3) However, in no event shall the payment of such fees result in the Musician deducting any net cash obligation or other remuneration below the minimum scale applicable in the jurisdiction.
(4) In no event shall the payment of such commissions result in the receipt by the Agent, for any assignment, of any commission, fee or other consideration, directly or indirectly, from any person or persons , including the Musician, which on the whole exceeds the commissions. provided for in this Agreement. Any commission, fee or other remuneration received by the Agent from any source other than the Musician, directly or indirectly, at the expense of, as a result of or in connection with the provision of the Musician’s services, must be reported to the Musician, and their amount shall be deducted from the commissions paid by the Musician under this Agreement.
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(b) Commissions will be payable to the Agent upon receipt by the Musician or any other person on behalf of the Musician.
(c) No commission shall be payable on any obligation if the Musician is not paid for such obligation, regardless of the reasons for such non-payment to the Musician, including, but not limited to, non-payment due to the fault of the Musician. This does not preclude the award of damages by the International Executive Council or other governing body to an agent to reimburse him for actual costs incurred as a result of the cancellation of an obligation where the cancellation was due to member’s fault.
(d) Agent’s commissions are payable out of any cash or other compensation received by the Musician pursuant to engagement agreements entered into or entered into during the term of this Agreement; in the event of express agreement with the Musician initialed on the margins of this Contract, to contracts for the performance of obligations existing at the start of the term of this Contract (excluding however any obligation for which the Musician is bound by advance to pay a commission to another agent); and any modification, extension and update or replacement thereof, regardless of when the Musician receives such money or other consideration.
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(e) As used in this Agreement, the term “gross revenue” means the gross amounts received by the Musician for each assignment less the fees and expenses incurred in collecting the amounts due for any assignment, including arbitration, litigation and attorney’s fees.
(f) If the Musician so requests and at the same time provides the Agent with deduction data, the Agent, within 45 days after the end of each 12 month period during the term of this Agreement and within 45 days after the termination of this Agreement, shall declare and provide the Musician with an itemized statement showing the gross amounts received for all debts during the period to which this declaration relates, the cash or other compensation on which the commission of the ‘agent is based, and the amount of the agent’s compensation. commission resulting from these calculations.
(a) The term of this Agreement is set forth in the introductory title to this Agreement and is subject to termination as specified below.
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(b) In addition to termination in accordance with the other provisions of this Agreement, this Agreement may be terminated by either party by notice as set forth below if the Musician:
(ii) is not employed for at least the cumulative weeks of commitments to be fulfilled during each of the first and second (6) month periods during the term of this agreement;
(iii) is not employed for at least the cumulative weeks of contract to be fulfilled during each successive year of the term of this agreement.
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(c) Termination for fault of one of the parties will be notified by mail to the recipient at his last known address. During this time, the Musician will fulfill the obligations specified and entered into by the Agent.
(d) The Musician’s disability resulting in the Musician’s failure and unreasonable refusal to accept and perform the obligations shall not, in themselves, revoke the Agent’s right and shall not entitle the Musician to termination (as provided in paragraph (b) above).
(e) In this Agreement, a “week” begins on Sunday and ends on Saturday. “Class Week” means any of the following:
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(2) the week in which the Musician’s gross earnings equal or exceed the lowest gross earnings received by the Musician for a performance during any of the immediately preceding six (6) weeks; Or
(3) one week during which the Musician must perform on commercial television or radio or at a concert for a remuneration of at least three (3) times the minimum A.F.M. or any local authority having jurisdiction over these obligations.
This is the sole and exclusive agreement between the parties regarding all or part of the subject matter covered by this Agreement. There is no other agreement, understanding or participation between the parties, and the parties are not in any relationship between them that is not created by this contract, by which the terms of this contract are avoided or evaded, directly or indirectly, such as, but not limited to, contracts, arrangements, relationships or interests relating to advertising services, corporate management, music publishing or education.
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Any claim, controversy, controversy or controversy arising out of, relating to, relating to, or affecting the interpretation or application of, breach, breach or threatened breach or breach of this Agreement must be presented, heard and authorized by arbitration. .
This Agreement is personal to the parties and is not transferable or assignable by operation of law or otherwise without the Musician’s prior consent. The obligations imposed by this Agreement are binding on the parties. Musician may terminate this Agreement at any time within [10 days] of the transfer of Agent’s controlling interest.
Neither party will enter into negotiations or agree to a renewal or extension of this contract before the start of the final year.
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