citylikedrive
Junior Member
What is the name of your state (only U.S. law)? Illinois
I will copy and paste the text of the management contract I was offered as a musician/artist/songwriter. I would like your opinions.
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Management Agreement
Introduction. This Management Agreement is between Galgo Music Group, Inc. ("Manager") and City Like Drive ("Artist").
Obligations of Manager. Manager will use its best efforts to perform the following services:
· Guidance and Advice. Manager will give guidance and advice in order to enhance Artist's career in the entertainment, music, and related industries. This guidance and advice includes methods of presenting Artist's music and talents and the selection and coordination of business managers, accountants, and booking agents who may obtain employment for Artist.
· Engagement of Services. Manager will serve as Artist's exclusive agent for the exploitation and promotion of Artist's music services and products throughout the world. Nothing contained in this Agreement limits Manager's right to represent other musicians, Artists, or entertainers.
· Negotiation and Execution of Agreements. Manager will work in association with Artist in the negotiation of recording, merchandising, or other agreements affecting Artist.
Key Person Provision.
***, **** and ***** ("Key Person(s)") of Manager's company will directly oversee the day-to-day performance of its services under this Agreement. In the event that Key Person is not directly involved in the day-to-day activities, Artist is entitled to terminate the management relationship.
The Term. The term of this Agreement will continue for:
1 (one) year after the date of execution of this Agreement, and Artist agrees to automatically renew the Agreement under the same terms and conditions for an additional two years if the Artist has signed a recording Agreement with a major label or major indie label within one year of the execution of this Agreement. Any subsequent resigning without a recording contract may be done in one year increments.
Commission During the Term. Manager is entitled to 15 % of Gross Revenues received by Artist during the term. "Gross Revenues" is all money including advances and fees received by Artist in connection with Artist's entertainment-related activities to include past, present and future recorded material.
Any subsequent resigning after the initial contract term, or automatic extensions, with or without a recording contract, will be contracted at 15% of the gross.
Commission on Publishing Income. Manager is entitled to the above commission revenue from music publishing and licensing unless a separate publishing contract is signed with the Management publishing company. That publishing contract will then supersede this clause.
Commission After the Term. Unless Manager has been terminated for a material breach of this Agreement, Manager is entitled to post-term commission payments on any type of income that was subject to commission during the term. Under no circumstances is Manager entitled to income from albums or videos created before or after the Term.
These post-term commission payments will be at the following rates during the specified periods:
15% of the Gross Revenues from the first 6 month period after termination
10% of the Gross Revenues from the second 6 month period after termination
5% of the Gross Revenues from the third 6 month period after termination
Thereafter, Manager will receive no further post-term commissions.
Leaving Member. The terms and conditions of this Agreement will continue to apply only for the remainder of the Term and only with respect to the services of any member of Artist whose recording services are retained by a record company under the "leaving member" provisions of any recording contract entered into by Artist during the Term.
Manager's Expenses. Artist will pay documented reasonable and necessary costs incurred by Manager in connection with Manager's duties on behalf of Artist. Artist will only pay such expenses out of Gross Revenues subject to commission under this Agreement, and no member of Artist is personally liable for any such expenses. Manager must not incur expenses in excess of $200 in any single transaction, or $1,000 during any calendar month, without Artist's prior written consent. If Manager's expenses are incurred in connection with its services to other clients of Manager, the expenses must be prorated between Artist and Manager's other clients based on the amount of time Manager rendered its services on behalf of Artist and other clients.
Under no circumstances will Manager's overhead be characterized as expenses reimbursable by Artist.
Business Manager. Galgo Music Group, Inc. will act as Business Manager for Artist during this contract period.
Power of Attorney. During the Term, Manager will have a special power of attorney to execute standard performance contracts relating to any live performance agreement during any touring period approved in writing by Artist, provided that Manager uses reasonable good-faith efforts to submit these contracts to Artist for execution.
Not Theatrical or Talent Agency. It is understood and agreed that Manger is not licensed as a theatrical artist agency or talent agency and will not perform services that require a professional license.
Mediation; Arbitration. If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-on mediator in Illinois. Any costs and fees other than attorney fees will be shared equally by the parties. If it is impossible to arrive at a mutually satisfactory solution within a reasonable time, the parties agree to submit the dispute to binding arbitration in the same city or region, conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
Any decision or award as a result of any arbitration proceeding will include the assessment of costs, expenses, and reasonable attorney's fees and a written determination by the arbitrators. Absent an agreement to the contrary, any such arbitration will be conducted by an arbitrator experienced in music industry law. An award of arbitration is final and binding on the Artist Partners and may be confirmed in a court of competent jurisdiction. The prevailing party has the right to collect from the other party its reasonable costs and attorney fees incurred in enforcing this agreement.
General. Nothing contained in this Agreement is meant to establish either Manager or Artist a partner, joint venturer, or employee of the other party for any purpose. This Agreement may not be amended except in a writing signed by both parties. No waiver by either party of any right will be construed as a waiver of any other right. If a court finds any provision of this Agreement invalid or unenforceable as applied to any circumstance, the remainder of this Agreement will be interpreted to best carry out the intent of the parties. This Agreement is governed by and interpreted in accordance with the laws of the State of Illinois. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. Notices required under this Agreement can be sent to the parties at the addresses provided below. In the event of any dispute arising from or related to this Agreement, the prevailing party is entitled to attorney's fees.
If these terms and conditions are agreeable, please sign and execute both copies of this Agreement and return one copy to Manager.
Manager
___________________________________________
*******************
Date: _____________
Artist Members
___________________________________________
*********************
Date: _____________
I will copy and paste the text of the management contract I was offered as a musician/artist/songwriter. I would like your opinions.
---
Management Agreement
Introduction. This Management Agreement is between Galgo Music Group, Inc. ("Manager") and City Like Drive ("Artist").
Obligations of Manager. Manager will use its best efforts to perform the following services:
· Guidance and Advice. Manager will give guidance and advice in order to enhance Artist's career in the entertainment, music, and related industries. This guidance and advice includes methods of presenting Artist's music and talents and the selection and coordination of business managers, accountants, and booking agents who may obtain employment for Artist.
· Engagement of Services. Manager will serve as Artist's exclusive agent for the exploitation and promotion of Artist's music services and products throughout the world. Nothing contained in this Agreement limits Manager's right to represent other musicians, Artists, or entertainers.
· Negotiation and Execution of Agreements. Manager will work in association with Artist in the negotiation of recording, merchandising, or other agreements affecting Artist.
Key Person Provision.
***, **** and ***** ("Key Person(s)") of Manager's company will directly oversee the day-to-day performance of its services under this Agreement. In the event that Key Person is not directly involved in the day-to-day activities, Artist is entitled to terminate the management relationship.
The Term. The term of this Agreement will continue for:
1 (one) year after the date of execution of this Agreement, and Artist agrees to automatically renew the Agreement under the same terms and conditions for an additional two years if the Artist has signed a recording Agreement with a major label or major indie label within one year of the execution of this Agreement. Any subsequent resigning without a recording contract may be done in one year increments.
Commission During the Term. Manager is entitled to 15 % of Gross Revenues received by Artist during the term. "Gross Revenues" is all money including advances and fees received by Artist in connection with Artist's entertainment-related activities to include past, present and future recorded material.
Any subsequent resigning after the initial contract term, or automatic extensions, with or without a recording contract, will be contracted at 15% of the gross.
Commission on Publishing Income. Manager is entitled to the above commission revenue from music publishing and licensing unless a separate publishing contract is signed with the Management publishing company. That publishing contract will then supersede this clause.
Commission After the Term. Unless Manager has been terminated for a material breach of this Agreement, Manager is entitled to post-term commission payments on any type of income that was subject to commission during the term. Under no circumstances is Manager entitled to income from albums or videos created before or after the Term.
These post-term commission payments will be at the following rates during the specified periods:
15% of the Gross Revenues from the first 6 month period after termination
10% of the Gross Revenues from the second 6 month period after termination
5% of the Gross Revenues from the third 6 month period after termination
Thereafter, Manager will receive no further post-term commissions.
Leaving Member. The terms and conditions of this Agreement will continue to apply only for the remainder of the Term and only with respect to the services of any member of Artist whose recording services are retained by a record company under the "leaving member" provisions of any recording contract entered into by Artist during the Term.
Manager's Expenses. Artist will pay documented reasonable and necessary costs incurred by Manager in connection with Manager's duties on behalf of Artist. Artist will only pay such expenses out of Gross Revenues subject to commission under this Agreement, and no member of Artist is personally liable for any such expenses. Manager must not incur expenses in excess of $200 in any single transaction, or $1,000 during any calendar month, without Artist's prior written consent. If Manager's expenses are incurred in connection with its services to other clients of Manager, the expenses must be prorated between Artist and Manager's other clients based on the amount of time Manager rendered its services on behalf of Artist and other clients.
Under no circumstances will Manager's overhead be characterized as expenses reimbursable by Artist.
Business Manager. Galgo Music Group, Inc. will act as Business Manager for Artist during this contract period.
Power of Attorney. During the Term, Manager will have a special power of attorney to execute standard performance contracts relating to any live performance agreement during any touring period approved in writing by Artist, provided that Manager uses reasonable good-faith efforts to submit these contracts to Artist for execution.
Not Theatrical or Talent Agency. It is understood and agreed that Manger is not licensed as a theatrical artist agency or talent agency and will not perform services that require a professional license.
Mediation; Arbitration. If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-on mediator in Illinois. Any costs and fees other than attorney fees will be shared equally by the parties. If it is impossible to arrive at a mutually satisfactory solution within a reasonable time, the parties agree to submit the dispute to binding arbitration in the same city or region, conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
Any decision or award as a result of any arbitration proceeding will include the assessment of costs, expenses, and reasonable attorney's fees and a written determination by the arbitrators. Absent an agreement to the contrary, any such arbitration will be conducted by an arbitrator experienced in music industry law. An award of arbitration is final and binding on the Artist Partners and may be confirmed in a court of competent jurisdiction. The prevailing party has the right to collect from the other party its reasonable costs and attorney fees incurred in enforcing this agreement.
General. Nothing contained in this Agreement is meant to establish either Manager or Artist a partner, joint venturer, or employee of the other party for any purpose. This Agreement may not be amended except in a writing signed by both parties. No waiver by either party of any right will be construed as a waiver of any other right. If a court finds any provision of this Agreement invalid or unenforceable as applied to any circumstance, the remainder of this Agreement will be interpreted to best carry out the intent of the parties. This Agreement is governed by and interpreted in accordance with the laws of the State of Illinois. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. Notices required under this Agreement can be sent to the parties at the addresses provided below. In the event of any dispute arising from or related to this Agreement, the prevailing party is entitled to attorney's fees.
If these terms and conditions are agreeable, please sign and execute both copies of this Agreement and return one copy to Manager.
Manager
___________________________________________
*******************
Date: _____________
Artist Members
___________________________________________
*********************
Date: _____________
