ARTIST SOLE AGENT AGREEMENT
Inc. Terms and Conditions
THIS ARTIST AGENT AGREEMENT is made and executed on this the _______ (Date) Day of
_____________ (Month), ________ (Year) by and between:
1. ____________________________ (hereinafter referred to as Artist)
2. Marie Amey Talent Management (hereinafter referred to as the Agent)
A. WHEREAS , the Artist hereby appoints the Agent as his / her sole and exclusive Agent for the period as defined herein,
NOW THEREFORE, in consideration of the mutual promises contained herein, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and for the reasons set forth and in consideration of the covenants and promises of the parties hereto, parties agree as follows:
Unless the context of this Agreement otherwise requires:
1.1 The headings of the clauses to this Agreement are for convenience only and shall be ignored in construing this Agreement;
1.2 The singular includes the plural and vice versa;
1.3 References to a party or the parties are references to either the Artist or the “Agent” or both, as deem and appropriate.
1.4 Sole Representation means that the Artist has given exclusive representation rights to the Agent
2. EFFECTIVE DATE & TERM OF THIS AGREEMENT
2.1 The effective date of this Agreement shall be _____ of __________, 20___ and all rights and obligations of the parties hereunder shall be effective as of that date.
2.2 This Agreement is valid and shall remain in full force and effect for a term of 1 Year, starting from the effective date, unless terminated prior to such date by either of the parties in accordance with Clause 7.
2.3 The Agent will renew all contracts annually which may result in simple contract amendments, these must be agreed and sign each year in order for the representation to continue. In some cases a non-renewal of contract may occur if the Agent feels they are unable to represent the Artist successfully.
3.1 The Artist appoints the Agent as his/her representative by virtue of this Agreement;
3.2 The Agent shall put in the best of her efforts , time and energy in representing the Artist; submitting the Artist’s works and attempting to secure the best deals for the Artist;
3.3 The Agent shall further put in the best of her efforts to advise on how to best increase the worth/market value of the Artist;
3.4 This Agent is hereby authorised to represent the Artist in the territories of the United Kingdom.
3.5 The Agent is further authorised by the Artist to represent him/her in the following areas:
a) All live performances
b) All rehearsals
c) Motion picture for all media known and/as yet unknown
d) All broadcast media known today and in the future
e) All forms of audio and visual recording
f) Any interactive media known or as yet unknown
g) Any and all advertising and merchandising
h) Concerts, private parties, cabarets and dances
i) Corporate entertainment, conventions and conferences
j) Singing or performing of musical works
3.6 The Agent is further entrusted with the right to negotiate the terms of any assignment on behalf of the Artist, but the ultimate right of accepting or refusing any assignment vests with the Artist and is not vested with the Agent.
3.7 The Agent is authorized to collect and receive monies due to the artist from third parties.
3.8 The Agent will sign documents on behalf of the Artist after consultation with the Artists, with the Artists written or verbal consent.
3.9 The Agent will handle marketing materials and be entrusted with the samples of the Artist’s work in order to secure assignments and projects for the Artist – including but not limited to headshots, showreels, voice reels, updated cv, biography.
4.1 The Artist understands that acceptance of representation by the Agent and membership of Spotlight does not guarantee professional work
4.2 The Artist agrees that the Agent will attempt to negotiate on their behalf to secure contractual agreements for their services. When an arrangement has been negotiated and accepted by both parties, a contract, whether verbal or written then exists.
4.3 The Artist understands that they must be absolutely sure they are available to carry out the work and fully understand the requirements before accepting any booking for an audition, casting, show or appointment made.
4.4 Once the Artist has accepted the booking they are committed and liable to carry out that assignment.
4.5 The Artist must not deliberately or knowingly behave in any manner that would damage the reputation of the Agent.
4.6 The Artist must always prepare for any appointment booked by the Agent to the best of their ability.
4.7 The Artist is responsible for keeping up to date their Spotlight profile and any other industry accounts used by the Artist
4.8 It is the Artists responsibility to notify the Agent of any change of address and / or telephone numbers in writing at least 7 days before the actual move date.
4.9 The Artist should not give any home, mobile or other contact details to any clients and must not in any way negotiate fees or work with the clients direct.
4.10 Should an Artist be contacted either directly or through another Agency for an engagement with a Management with whom the Agent procured the Artist an engagement or audition within the previous twelve months, the Artist agrees not to negotiate with that said Management or Agency(ies) and furthermore will immediately refer such enquiries to the Agent.
4.11 The Artist gives consent to the Agent to use all headshots, showreels and images and footage from all work booked by the Agent for use on social media and the Agents website.
4.12 The Artist agrees to keep the Agency calendar up to date on a regular basis of all periods of when the Artist will not be available to undertake engagements or employments – unless the reason that the Artist will not be available is an engagement or employment arranged by the Agent.
5.1 The Agent will make payment to the Artist by means of BACS payment direct to an account nominated by the Artist within 10 working days of receipt of any monies due to the Artist without any deduction other than the commission due to the Agent
5.2 Royalties, residuals and other small amounts will only be paid out when they accrue to more than £10
5.3 In the event that any payment made by the Agent to the Artist is returned, either due to a change of address or bank account (if electronic payment has been made) which has not been notified to the Agent, the Agent will attempt to contact the Artist to confirm the new details. If, despite the Agents best endeavors, the new details cannot be confirmed, the Agent will retain the monies on the Artist behalf for a period of 1 year from the date of the first attempted payment, after which time the funds will be retained by the Agent.
5.4 The Agent and the Artist are responsible for maintaining their own financial records and own payments of tax.
6.1 The Artist and Agent understand and agree that the Agent shall be entitled to 15 % Commission with regard to all paid works undertaken by the Artist during the period of representation by the Agent.
6.2 In consideration of the Agents services the Artist agrees to pay the Agent commission on all performance related earnings, in addition to the commission for engagements secured by the Agent.
6.3 Commissions are due for any engagements booked by the Agent and not honored by the Artist, except for reason of Force Majeure.
6.4 After termination of the contract the Agent’s Commission will continue to be 15% of the total amount secured for each work during the term of this Agreement and until (whichever is later) any on-going payments from jobs secured by the Agent 3 years after the termination or until 3 years after the release of any audio or visual footage, or album recorded by the Artist pursuant to a recording agreement entered into during the said period.
7.1 Once accepted for sole representation should the Artist wish to leave the Agency they will notify the Agent in writing, giving at least 2 months notice.
7.2 If the Artist procures an assignment from any clients which the Agent had obtained prior to the termination of this Agreement or cease or representation, then the Artist is liable to pay the Agent his/ her Commission. The Agent will be entitled to commission on all residual fees, royalties, license fees in respect of all work carried out by the Artist to which this Agreement applies
(a) Such Commission shall be paid to the Agent only if the Artist procures the assignment within 1 year of the termination of this Agreement and not otherwise.
8.1 The Artist understands and agrees that the Agent has the last say in deciding which photograph is featured on the Artists Spotlight profile.
8.2 The copyright of any and all photographs taken by our photographer reside with the Agent for a period of 12 months from the date of publication within 'Spotlight Interactive Directory' All photographs, both digital and hard copy, are for the exclusive use of the Agent, and any commercial or professional use of the photographs other than that specified must be agreed in writing by the Agent.
9. RELATIONSHIP BETWEEN PARTIES
Each party is an independent contractor of the other party.
Any notice to be given by one party to the other under, or in connection with this Agreement shall be in writing, signed by or on behalf of the party giving it, and addressed to the recipient at the address set out at the end of this agreement.
11. AMENDMENTS OR MODIFICATION
This agreement may be varied or modified, at any time provided that variations are made in writing and are signed by both parties.
If any provision of this “Agreement” is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this “Agreement” will remain in full force and effect, and, if legally permitted, such offending provision will be replaced with an enforceable provision that as nearly as possible effects the “Party’s” intent.
The validity, construction, interpretation of this “Agreement” shall be governed by and construed in accordance with English law and is subject to the jurisdiction of the Courts in England and Wales.
14. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein, superseding all previous Agreement pertaining to such subject matter, and may be modified only by an amendment executed in writing by the authorized officers of both parties hereto. All prior agreements, representations, warranties, statements, negotiations, understandings and undertakings are superseded hereby. Both parties hereto represent that they have read this Agreement, understand it, agree to be bound by all terms and conditions stated herein, and acknowledge receipt of a signed, true and exact copy of this Agreement
IN WITNESS WHEREOF, the parties have executed this Agreement under seal as of the day and year first written above.