Set forth details for artist representation: Artist-Agent Agreement
What we’ll cover
What is an Artist-Agent Agreement?
An Artist-Agent Agreement is a contract between an artist or performer and an agent who will help market and represent the artist's business interests. Artist-Agent Agreements generally record the terms and payment details for representation that will be provided.
An agent's work can be extremely varied. It is within their scope to reach out to labels for representation, aid in the distribution of music, and secure sponsorship deals, among many other things. With an Artist-Agent Agreement (also known as an Artist-Manager Contract), it becomes clear to both parties what each of their responsibilities will be, as well as other details such as compensation.
When to use an Artist-Agent Agreement:
- You're an artist seeking an agent for greater exposure.
- You're an agent interested in representing an artist.
How do I get my Artist-Agent Agreement reviewed?
If you already have an Artist-Agent Agreement and want to have it reviewed, or if you have questions about creating or using one, there are a few ways to get help.
Use Rocket Copilot to ask questions or review your document; this helps you better understand what it says and identify anything that may need a closer look.
If you are looking for help from a Legal Pro, you can also ask a question and receive a response within one business day, or request a more in-depth document review.
Sample Artist-Agent Agreement
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Artist-Agent Agreement
THIS ARTIST-AGENT AGREEMENT is effective on , between (the "Artist"), residing at , , , and (the "Agent"), residing at , , .
Whereas, the Artist is an established artist of proven talents; and
Whereas, the Artist wishes to have an agents assistance in marketing certain rights enumerated herein; and
Whereas, the Agent is capable of marketing the artistic works produced by the Artist; and
Whereas, the Agent wishes to represent the Artist;
Now, therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable consideration, the parties hereto agree as follows:
Agency
The Artist appoints the Agent to act as the Artists exclusive representation throughout the World in all markets necessary to effectively market, sell and distribute the artistic works of the Artist.
The Agent agrees to use his or her best efforts in submitting the Artist's work for the purpose of securing assignments, sales and shows for the Artist. The Agent shall negotiate the terms of any assignment, sale or booking that is offered, but the Artist shall have the right to reject any assignment if the Artist finds the terms thereof unacceptable.
Promotion
The Artist shall provide the Agent with such samples of work as are from time to time necessary for the purpose of securing assignments, sales and bookings. These samples shall remain the property of the Artist and be returned within days of termination of this Agreement. The Agent shall take reasonable efforts 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. Promotional expenses, including but not limited to promotional mailings and paid advertising, shall be paid percent by the Agent and percent by the Artist. The Agent shall bear the expenses of shipping, insurance, and similar marketing expenses.
Term and Termination
This Agreement shall take effect on the , and remain in full force and effect for a term of years, unless terminated by either party by giving days written notice to the other party.
Commissions
The Agent shall be entitled to the following commissions:
(A)On assignments, sales and bookings secured by the Agent during the term of this Agreement, percent of the billing;
(B)On house accounts, percent of the billing.
For purposes of this Agreement, house accounts are defined as accounts obtained by the Artist at any time or obtained by another agent representing the Artist prior to the commencement of this Agreement and listed in Schedule A to this Agreement. It is understood by both parties that no commission shall be paid on assignments rejected by the Artist or for which the Artist fails to receive payment, regardless of the reason payment is not made. Further, no commissions shall be payable in either (A) or (B) above for any part of the billing that is due to expenses incurred by the Artist in performing the assignment, whether or not such expenses are reimbursed by the Client. In the event that a flat fee is paid by the Client, it shall be reduced by the Amount of expenses incurred by the Artist in performing the assignment and the Agent's commission shall be payable only on the fee as reduced.
Billing
The Agent shall be responsible for sending an invoice to Artist, which details all amounts corresponding to work done and 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 all himself/herself unless an invoice has previously been given to Artist and Artist has had days to review, validate or challenge said invoice.
Payments
The Agent shall make all payments due within days of receipt of any fees covered by this Agreement. Late payments shall be accompanied by interest calculated at the rate of per month thereafter.
Accountings
The Agent or representative of the Agent shall send copies of invoices to the other party when rendered. If requested, that Agent shall also provide the other party with semiannual accountings showing all assignments for the period, the Clients' names, the fees paid, expenses incurred by the Artist, the dates of payment, the amounts on which the Agent's commissions are to be calculated, and the sums due less those amounts already paid.
Inspection of the Books and Records
The Agent or a representative of the Agent shall keep the books and records with respect to commissions due at his or her place of business and permit the other party to inspect these books and records during normal business hours on the giving of reasonable notice.
Assignment after Termination
If the Artist receives assignments after the termination date from Client(s) originally obtained by the Agent during the term of this Agreement, the commission shall be payable to the Agent as defined under Commission and Payments in this Agreement.
This Agreement shall not be assigned by either of the parties hereto. It shall be binding on and inure to the benefit of the successors, administrators, executors, or heirs of the Agent and Artist.
Arbitration
Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The Agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
Entire Agreement
This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
Severability
If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
Amendment
This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment
Governing Law
This Agreement shall be construed in accordance with the laws of the State of .
Notice
Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
Waiver of Contractual Rights
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Signatories
This Agreement shall be signed by and by on behalf of .
ARTIST:
| By: | Date: |
AGENCY:
| By: | Date: |
SCHEDULE A
HOUSE ACCOUNTS
Artist-Agent Agreement FAQs
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Do agents always need to create contracts for artists?
Even if being an agent isn’t your full-time job, having a written agreement helps make sure both you and the artist are on the same page. Benefits of a contract include:
- There are no surprises about how long the relationship lasts.
- Payment-related information is well-defined.
- The agent and artist both understand the scope of their responsibilities.
In the end, if you decide not to make this document, you may not get to enjoy any of the associated benefits.
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What do I need to cover in my Artist-Agent Agreement?
The basic details that you may be prompted to cover in the Artist-Agent Agreement include:
- The artist's full name and address.
- How payment will be made.
- What the start and end dates are.
- The specific tasks each party will be doing once hired.
Any Artist-Agent Agreement template built with Rocket Lawyer will also contain the typical legal language with regard to the non-employment relationship, the protection of confidential information, liability for losses, and finally, dispute resolution. While making your contract, you'll also be able to designate the jurisdiction under which it will be governed. More custom alterations are permitted, if necessary.
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Are there any additional actions that I should take after I draft my Artist-Agent Agreement?
After drafting your Artist Agent Agreement, review it carefully. You may also want to review it with the other party to ensure all parties fully understand and agree to the terms of the agreement. Once all parties agree to the terms, the next step is to have all parties sign it, and each party should keep a copy for their records. It’s also a good idea to store it in a safe, accessible place in case you need to reference it later.
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Will Rocket Lawyer review my Artist-Agent Agreement?
It’s smart to have an important agreement reviewed before you sign, so you fully understand the terms and avoid potential risks.
While some attorneys may review documents they didn’t draft, others may decline or require a retainer, hourly billing, or a flat fee. This can make getting a legal document review of your Artist Agent Agreement less predictable and more time-consuming.
Rocket Lawyer makes the process simpler. With a Rocket Lawyer membership, you can request a review from a Legal Pro or ask questions about your Artist Agent Agreement. You can also use Rocket Copilot to quickly review your agreement, spot potentially risky terms, and make sure everything looks accurate before signing.
Once you’re ready, you can sign your document online with RocketSign—all in one place.
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