Band Management Contract
Band Management Contract
This Band Management Contract ("Contract"), effective [Effective Date], is entered into by and between [YOUR NAME], an individual residing at [YOUR COMPANY ADDRESS] ("Manager"), and [BAND NAME], a band whose members reside at [BAND ADDRESS] ("Band") (collectively, the "Parties").
1. Services
1.1 The Manager agrees to advise, counsel, and represent the Band on matters related to the music industry, including but not limited to:
-
Developing and implementing strategies to advance the Band's career.
-
Negotiating contracts for performances, recordings, endorsements, and other engagements.
-
Managing the Band's schedule and bookings.
-
Providing guidance on branding, marketing, and promotion.
-
Assisting with financial management and budgeting.
-
Advising on creative direction and song selection.
-
Facilitating collaboration with other artists, producers, and industry professionals.
-
Providing access to industry contacts and resources.
1.2 The Manager will use their best efforts, industry expertise, and contacts to further the Band's career interests.
2. Term
2.1 Unless sooner terminated as provided herein, this Agreement shall be for a term of [NUMBER OF YEARS] commencing as of the [Effective Date].
2.2 Either party may terminate this Agreement upon [NUMBER OF DAYS] days' written notice to the other party for any reason. In the event of termination, the Manager shall be entitled to receive any commission earned up to the date of termination.
3. Compensation
3.1 For the services rendered by the Manager under this Agreement, the Manager shall receive a commission of [PERCENTAGE] percent (%) of the gross income derived by the Band from activities within the scope of this Agreement.
3.2 The Manager's commission shall be payable within [NUMBER OF DAYS] days of the Band receiving the income.
3.3 The Manager shall be entitled to receive their commission from any source related to the Band's activities during the term of this Agreement, even if such income is received after the termination of this Agreement, provided that the Manager's efforts were the primary cause of such income.
3.4 The Band shall provide the Manager with regular and timely statements of income and expenses related to the Band's activities.
4. Expenses
4.1 The Manager shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties under this Agreement, subject to the Band's prior approval. Such expenses may include but are not limited to:
-
Travel expenses (e.g., transportation, accommodation, meals) incurred while representing the Band.
-
Communication expenses (e.g., phone calls, internet usage) related to the Band's business.
-
Promotion and marketing expenses approved by the Band for promoting the Band's brand and music.
-
Legal fees incurred for services directly related to the Band's business, with prior approval from the Band.
-
Other miscellaneous expenses directly related to the Band's business, upon prior approval from the Band.
4.2 The Manager shall provide the Band with receipts or other documentation for all expenses incurred. The Band shall reimburse the Manager for approved expenses within [NUMBER OF DAYS] days of receiving the documentation.
4.3 The Manager shall exercise prudence and good judgment in incurring expenses on behalf of the Band and shall seek to minimize expenses where possible.
4.4 Any disputes regarding expenses shall be resolved through good-faith discussions between the Manager and the Band. If a resolution cannot be reached, the matter may be subject to the dispute resolution clause outlined in Section 8 of this Agreement.
5. Independent Contractor
5.1 It is understood and agreed that the Manager is an independent contractor and not an employee of the Band. The Manager shall have the right to control and direct the performance of the details of the work, including the manner and method of performing the services under this Agreement.
5.2 The Manager shall be responsible for their own taxes, including income and self-employment taxes, as well as any required insurance, benefits, or licenses.
5.3 The Manager shall have the right to engage assistants or subcontractors to perform their duties under this Agreement, provided that the Manager remains responsible for the performance of such assistants or subcontractors. Any assistants or subcontractors engaged by the Manager shall be considered agents of the Manager and not of the Band.
5.4 The Band shall not be responsible for withholding taxes, providing insurance, or any other benefits normally associated with employment for the Manager or any assistants or subcontractors engaged by the Manager.
5.5 The Manager shall indemnify and hold harmless the Band from any claims, damages, or liabilities arising out of the Manager's status as an independent contractor, including but not limited to any claims for unpaid wages, taxes, or benefits.
5.6 Nothing in this Agreement shall be construed as creating a partnership, joint venture, or agency relationship between the Manager and the Band. The Manager shall not have the authority to bind the Band to any agreement or obligation without the Band's prior written consent.
6. Confidentiality
6.1 The Manager agrees to keep confidential all non-public information concerning the Band that the Manager learns during the course of its engagement, both during and after the term of this Agreement.
6.2 The Band agrees to keep confidential all non-public information concerning the Manager that the Band learns during the course of its engagement, both during and after the term of this Agreement.
7. Representations and Warranties
7.1 The Band represents and warrants that:
(a) It has the legal right and authority to enter into this Agreement and to grant the rights granted hereunder.
(b) It owns or controls all necessary rights in and to the Band's name, likeness, image, and music, and has the right to use and license such rights as contemplated by this Agreement.
(c) The Band's performances, recordings, and other activities contemplated by this Agreement will not infringe upon the rights of any third party, including but not limited to copyright, trademark, publicity, or privacy rights.
(d) The Band will comply with all applicable laws, regulations, and industry standards in performing its obligations under this Agreement.
7.2 The Manager represents and warrants that:
(a) They have the necessary expertise, experience, and resources to perform the services outlined in this Agreement.
(b) They will perform the services in a professional manner, consistent with industry standards.
(c) They will comply with all applicable laws, regulations, and industry standards in performing their obligations under this Agreement.
(d) They will not engage in any activities that would conflict with the Band's interests or the terms of this Agreement.
7.3 Each party agrees to indemnify and hold harmless the other party from any claims, damages, or liabilities arising out of any breach of the representations and warranties set forth in this Agreement.
7.4 The representations and warranties set forth in this Agreement shall survive the termination of this Agreement.
8. Governing Law and Dispute Resolution
8.1 This Contract shall be construed in accordance with the laws of the State of [State] without reference to its conflict of laws principles.
8.2 Any dispute arising out of or in connection with this Agreement shall be resolved through arbitration in [City, State] in accordance with the rules of the American Arbitration Association. The decision of the arbitrator(s) shall be final and binding upon the Parties.
9. Entire Agreement
This Agreement, along with any exhibits or attachments, constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Band Management Contract as of the date first above written.
[Your Name]
Manager
[Band Name]
Band
