A music agent can be one of the most important elements on a band`s path to fame, but as with any musical relationship with the possibility of large sums of money being involved, the music agent contract can prevent many fights and lawsuits in the future. (6) Scope: Despite the fact that agency contracts are usually on pre-printed forms, there are a number of exclusions from your income that an artist should try to negotiate. Try to exclude revenue from record production, records (mechanical royalties), songwriting (performances, dubbing, and printing revenue), audio tracks (even if they made you work as an actor or actress), commercials (unless you have a contract for them), book publishing, and collection costs. Try to prevent the agency from providing you with employment in these areas without your written consent. (2) Exclusivity: Most agencies want to be your only (exclusive) booking agent, at least in a specific area. The rest of the contract will likely contain many other common provisions in other music contracts, such as damages and severability. These are not necessarily as unique to music agent contracts as the points above, but are extremely important in protecting the rights of the artist and agent. Of course, the contract contains the important agreement on the remuneration of the agent. Agents usually make a percentage of the gross funds of a reservation, and this percentage is formalized in that part of the contract. This section also includes when payment is due and what penalties will be incurred if payment is not made within this period. Each union has its own pre-printed “form” agency contract, which imposes special requirements on all these unions. These contracts are long and complicated.

It is essentially a stack of union forms that are combined into an “agency contract”. A union contract consists of eight contracts concluded into one; one of the AF of M (for musicians); one of the AFTRA (for singers and actors and actresses of recorded or live television); three SAG agreements (one for television, one for film and one for advertising); one for fairness; and two catch-all agreements called “General Service” and “Packaging”. Then, the contract provides for the rights of the agent. These rights consider how the artist must forward all booking and other tour requests to the agent, and generally that the agent becomes the exclusive agent and representative of the musician. One of the main tasks of a music agent is to get high-quality reservations in reputable places. In short, the booking agent puts your group in front of more people faster than you can by booking your own shows. Depending on the level of the group, the role of musical agent can be narrow or extended, but as a link between the artist and the venue, it is up to them not only to book the show, but to make sure that everything goes smoothly and that everyone is paid in the end. And as always, when it comes to money, that`s where the contract comes in, and while the specific agreements for each situation vary, the following points should always be discussed. (8) Termination: In your “form contract” from the union agency, make sure that it contains a provision that allows the artist to terminate the contract if no certain amount of work has been done within a certain period of time. Also, be sure to include a clause stating that if one of the eight union contracts is terminated, you have the right to terminate the rest. If this does not happen, the agency can represent you in some areas, but not in others.

If you are unable to negotiate this fallback clause, at least try to get the agent to agree that if M`s AF or AFTRA agreements can be terminated for unsecured employment, you have the right to terminate all other contracts (called a “co-terminus” clause). In the event that the artist/agency contract ends during a tour, the agency will try to get commissions for all tour dates obtained, so try to include a clause stating that no commission will be paid for no-shows out of your control. (5) Fees: Never give your booking agent a percentage of your income from records, songwriting or publishing. The AF agency contracts of M and AFTRA have a place on the form where you can initialize when the agency orders your winnings from your files. I do not agree with that. Instead, give them 5% to 10% of personal appearances, depending on the mediatized job. Sometimes agents reduce their percentage from 10% to 5% for artists who also generate significant revenue from concerts. For television, film and radio, agents usually accept no less than 10%. Sometimes a rolling fee chart can be negotiated, which means that as income increases, their fees decrease. (1) Terms and Conditions: Before entering into an agency contract, be clear with the agent what kind of music you play, what types of other music you can play if necessary, and what styles of music you can`t or don`t want to play.

You must specify whether you are willing to work in places only at night due to the commitments of band members, and whether you are willing to travel and how far away. You may also need to agree on the prices the group will charge. Some of the best shows I`ve ever seen have been in small dive bars with only a handful of people in attendance. With a lot of them, I don`t remember the name of the band or a lot of other things except the fact that they were good and it was a shame that more people couldn`t see the amazing show I saw. While there is certainly something to be said for bands to develop chops in small venues, there comes a time in each band`s life when they need to make their music accessible to a wider audience. Often, this is when a music agent becomes crucial. Since an agent is not (usually) directly employed by the artist, a clause in the agreement is required stating that the agent is an independent contractor. It states that the agent is not entitled to employee benefits and must pay all tax obligations, among other things. (7) Key person: To ensure that the talent agent you hire remains your agent even if they leave the agency company, it is advisable to include a “key man” clause in your agency contract.

This clause states that the “key person” with whom you have an agency relationship must live as an agent and be actively and personally involved and, if not, you can terminate your agency contract. After starting with the base names and signing dates, the contract will specify the general obligations of the agent. This, of course, depends on the conditions that the artist and agent have developed before signing the contract, but will describe exactly what the agent must do on behalf of the artist. If customs duties are limited only to the booking of shows, this party will explain it; If the agent is responsible for other advertising and commercial obligations, this will also be indicated. Here are some tips for negotiating the terms of an agency contract: The duration of the artist-agent relationship varies considerably, but the Duration and Termination of Agreement section includes the duration of the agreement as well as the factors that would constitute the termination of the agreement. .