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Artist Management Agreement Sec Gov

By Zach Arnold | January 27, 2022

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A “sunset” clause is used to reduce a manager`s commission in the years following the expiry of the duration of the management contract. This clause reduces the percentage that the artist owes to the manager over time and eventually terminates this obligation altogether. This is important for an artist who leaves one manager and signs with another because the new manager usually wants his standard commission rate (15-20%) and your former manager is still entitled to his percentage according to the “sunset” clause (15-20%). This situation greatly limits the amount an artist earns; therefore, it is advisable to ensure that the percentage of the previous manager decreases and ends up ending at some point in time. During the Term, John Doe will be primarily responsible for the Activities of the Manager under this Agreement. Notwithstanding the foregoing, it is presumed and agreed that John Doe may delegate day-to-day responsibilities to other employees of the Manager, provided that John Doe remains primarily responsible for the activities and services provided by the Manager. Notwithstanding anything to the contrary in this document, in the event that John Doe is no longer employed by the Manager or is no longer primarily responsible for the Manager`s activities under this Agreement (“Key Man Event”), the Artist has the right to terminate the term of this Agreement from the date of the Artist`s notification to the Manager of such Key Man Event. Term – The term of this Agreement is initially one (1) year, from the date of this Agreement (the “First Term”), plus any additional “Contract Periods”, if any, the duration of which may be extended by exercising one or more of the options granted to the Manager below. We will continue our previous edition of “The Artist & Manager Relationship”. We will now look at some of the additional contractual clauses contained in most management agreements, as well as some of the negotiating tactics for those clauses.

Arbitrator, each party must elect an arbitrator and the two arbitrators must then choose a third party The unsuccessful party in the claim must pay to the winning party in addition to any amount that the third arbitrator so chosen arbitrator will arbitrate the dispute The arbitration will be governed by the persons present in person, including, subject to the limitations set out in this Agreement, the following: of which is considered original, but all together represent only one and all facts or information arising from merit, whether in the form of advances, salaries, bonuses, royalties, percentages of interest, share another method that an artist may use to possibly terminate a management contract prematurely is the inclusion of a “key man” clause. This clause protects a musician`s relationship with a particular person by stipulating that the personal manager (the “keyman”) must represent the musician, otherwise the musician can terminate the contract. Since a manager is entitled to compensation for any agreement entered into or negotiated substantially during the term of the agreement, a “sunset” clause may be included to reduce the amount to which a manager is entitled after the expiry of the contract term. Other possible limitations on the duration of the contract could be that if the artist does not earn a certain amount within a certain period of time, the artist is free to terminate the contract. If this option is selected, a manager must ensure that all offers that the artist rejects, as well as those that are accepted, are included in this total amount. This protects the manager, as an artist cannot simply reject valid offers to reduce earned income in order to get out of the contract. Conversely, an artist should insist that for an offer to be considered in this minimum, it must be similar to those that the artist had previously accepted. This prevents a manager from simply making nominal or unsatisfactory offers to further expand the management agreement.

A typical duration of a management contract can only last 1 or 2 years. But it can last up to 5 or 6 years or even longer. The terms of an agreement are traditionally structured with a minimum of one year, followed by several options for subsequent years. Sometimes the “term” is based on “album cycles” rather than specific calendar years. In this situation, the “term” begins at the beginning of the recording of the album and lasts until the end of the tour or associated promotional activities for that album. This period could last more than one calendar year. Similar to the language above, the options are usually exercised automatically by the manager. This gives the manager the right to terminate the contract by informing the artist. Another essential issue that needs to be addressed is the “term” that the artist is signed with the manager.

Typical language that describes the term and options is below: Overall, a personal manager is an essential member of your music business team and can really make or break your career. They can be a driving force behind your success or a stumbling block to your progress. Therefore, negotiating a written management contract ensures that an initial management agreement does not negatively impact an artist`s future career and that all parties fully understand what they are signing and feel protected. .

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