The following free personal management agreement or contract sets forth the relationship between a manager and his / her client whether that be an actor, actress or musician. This agreement and contract is being provided for information and research purposes only, however it is a valid legal contract and agreement. Always consult an Attorney or Lawyer. This Agreement can apply in most states including California, New York, Florida, Nevada and others. Help improve this agreement by leaving a comment.
This Agreement made as of the __________________ by and between __________________ professionally known as __________________ an individual (“__________________”) and __________________ (“__________________” or “Manager”), a __________________ corporation is for the personal management sources of Client by Manager based on the following terms.
1. TERM. Manager is hereby engaged as Client’s exclusive personal manager and advisor. The agreement shall continue for __________________ (__________________) year (hereinafter the “initial term”) from the date thereof, and shall be renewed for __________________ (__________________) year periods (hereinafter “renewal period(s)”) automatically unless either party shall give written notice of termination to the other not later than __________________ (__________________) days prior to the expiration of the initial term or the then current renewal period, as applicable, subject to the terms and conditions hereof.
(a) Manager agrees during the term thereof, to advise, counsel and assist Client in connection with all matters relating to Client’s career in all branches of the entertainment industry, including, without limitation, the following:
(i) in the selection of literary, artistic and career material;
(ii) with respect to matters pertaining to publicity, promotion, public relations and advertising;
(iii) with respect to the adoption of proper formats for the presentation of Client’s artistic talents and in determination of the proper style, mood, setting, business and characterization in keeping with Client’s talents;
(iv) in the selection of artistic talent to assist, accompany or embellish Client’s artistic presentation, with regard to general practices in the entertainment industries;
(v) with respect to such matters as manager may have knowledge concerning compensation and privileges extended for similar artistic values;
(vi) with respect to agreements, documents and contracts for Client’s services, talents, and / or artistic, literary and musical materials, or otherwise;
(vii) with respect to the selection, supervision and coordination of those persons, firms and corporations that may counsel, advise, procure employment, or otherwise render services to or on behalf of Artist, such as accountants, attorneys, business managers, publicists and talent agents; and
(b) Manager shall be required only to render reasonable services, which are called for by this Agreement as and when reasonably requested by Client. Manager shall not be required to travel or meet with Client at any particular place or places except in Manager’s sole discretion and following arrangements for cost and expenses of such travel.
3. AUTHORITY OF MANAGER. Manager is hereby appointed Client’s exclusive, true and lawful attorney-in-fact, to do any or all of the following, for or on behalf of Client, during term of this Agreement:
(a) approve and authorize any and all publicity and advertising, subject to Client’s previous approval;
(b) approve and authorize the use of Client’s name, photograph, likeness, voice, sound effects, caricatures, and literary, artistic and musical materials for the purpose of advertising any and all products and services;
(c) execute in Client’s name, all contracts for Client, subject to Client’s previous consent to the material terms thereof; and
(d) without in any way limiting the foregoing, generally do, execute and perform any other act, deed, matter or thing whatsoever, that ought to be done on behalf of the Client by a personal manager.
(a) Since the nature and extent of the success or failure of Client’s career cannot be predetermined, it is the desire of the parties hereto that Manager’s compensation shall be determined in such a manner as will permit Manager to accept the risk of failure as well as the benefit of Client’s success. Therefore, as compensation for Manager’s services, Client shall pay Manager, throughout the full term hereof, as when received by Client, the following percentages of Client’s gross earnings (hereinfafter referred to as the “Commission”):
(i) __________________ percent (__________________%) of Client’s gross earnings received in connection with Client providing their services as an entertainer within any aspect of the entertainment industry during the term hereof;
(ii) __________________ percent (__________________%) of the Client’s gross earnings from live appearances;
(iii) __________________ percent (__________________%) of the Client’s gross earnings derived from any and all of Client’s activities in connection with music publishing, or the licensing or assignment of any compositions composed by Client alone or in collaboration with others (it being understood that no commissions shall be taken with respect to any compositions that are the subject of any separate music publishing agreement between Client and Manager).
(b) The term “gross earnings” as used herein shall mean and include any and all gross monies or other consideration which Client may receive, acquire, become entitled to, or which may be payable to Client, or on Client’s behalf, directly or indirectly (without any exclusion or deduction) as a result of Client’s activities in the entertainment industry, whether as a performer, actor, host, spokeswoman writer, singer, musician, composer, publisher, or artist.
(c) Manager shall be entitled to receive his full commission as provided herein in perpetuity on Client’s gross earnings derived from any agreements entered into during the term of this agreement, notwithstanding the prior termination of this agreement for any reason. Client also agrees to pay Manager the commission following the term hereof upon and with respect to all of Client’s gross earnings received after the expiration of the term hereof but derived from any and all employments, engagements, contracts, agreements and activities, negotiated, entered into, commenced or performed during the term hereof relating to any of the foregoing, and upon any and all extensions, renewals and substations thereof and therefore, and upon any resumptions of such employments, engagements, contracts, agreements and activities which may have been discontinued during the term hereof and resumed within __________________ (__________________) year thereafter;
(d) Manager is hereby authorized to receive, on Client’s behalf, all “gross monies and other considerations” and to deposit all such funds into a separate trust account in a bank or savings and loan association. Manager shall have the right to withdraw from such account all expenses and commissions to which Manager is entitled hereunder and shall remit the balance to Client or as Client shall direct. Notwithstanding the foregoing, Client may, at any time, require all “gross monies or other considerations” to be paid to a third party, provided that such party shall irrevocably be directed in writing to pay Manager to pay Manager all expenses and commissions due hereunder.
(e) The term “gross monies or other considerations” as used herein shall include, without limitation, salaries, earnings, fees, royalties, gifts, bonuses, share of profit and other participations, shares of stock, partnership interests, percentages music related income, earned or received directly or indirectly by Client or Client’s heirs, executors, administrators or assigns, or by any other person, firm or corporation on Client’s behalf. Should Client be required to make any payment for such interest, Manager will pay Manager’s percentage share of such payment, unless Manager elects not to acquire Manager’s percentage of thereof.
5. LOANS AND ADVANCES. Manager will make loans or advances to Client or for Client’s account and incur some expenses on Client’s behalf for the furtherance of Client’s career in amounts to be determined solely by Manager in Manager’s best, good faith business judgment. Client hereby authorizes Manager to recoup and retain the amount of any such loans, advances and / or expenses, including, without limitation, transportation and living expenses while traveling, promotion and publicity expenses, and all other reasonable and necessary expenses, from any sums Manager may receive on behalf of Client, including, without limitation, long-distance calls, travel expenses, messenger services and postage and delivery costs. Manager shall provide Client with monthly statements of all expenses incurred hereunder and Manager shall be reimbursed by Client within __________________ (__________________) days of receipt by Client of any such statement. Notwithstanding the foregoing, any loans, advances or payment of expenses by Manager hereunder shall not be recoupable by Manager hereunder until Client has earned revenue in the entertainment industry and there is sufficient such revenue to so recoup, repay and compensate Manager without causing Client hardship or leaving insufficient ufnds for Client to pursue his career.
6. NONEXCLUSIVITY. Manager’s services hereunder are not exclusive. Manager shall at all times be free to perform the same or similar services for others, as well as to engage in any and all other business activities.
7. CLIENT’S CAREER. Client agrees at all times to pursue Client’s career in a manner consistent with Client’s values, goals, philosophy and disposition and to do all things necessary and desirable to promote such career and earnings therefrom. Client shall at all times utilize proper theatrical and other employment agencies to obtain engagements and employment for Client. Client shall consult with Manager regarding all offers of employment inquires concerning Client’s services. Client shall not, without Manager’s prior written approval, engage any other person firm or corporation to render any services of the kind required of Manager hereunder or which Manager is permitted to perform hereunder.
8. ADVERTISING. During the term hereof, Manager shall have the exclusive right to advertise and publicize Manager as Client’s personal manager and representative with respect to all aspects of the entertainment industry.
9. AGENT. Client understands that Manager is not licensed as a “talent agency” and that this agreement shall remain; in full force and effect subject to any applicable regulations established by the Labor Commissioner of __________________, and Client agrees to modify this agreement to the extent necessary to comply with any such laws.
10. ENTIRE AGREEMENT. This constitutes the entire agreement between Client and Manager relating to the subject matter hereof. This agreement shall be subject to and construed in accordance with the laws of the state of __________________ applicable to agreements entered into and fully performed therein. A waiver by either party hereto or a breach of any provision herein shall not be deemed a waiver of any subsequent breach, nor a permanent modification of such provision. Each party acknowledges that no statement, promise or inducement has been made to such party, except as expressly provided for herein. This agreement may not be changed or modified, or any covenant or provision hereof waived, except by an agreement in writing, singed by the party against whom enforcement of the change, modification or waiver is sought. As used in this agreement, the word “Client shall include any corporation owned (partially or wholly) or controlled (directly or indirectly) by Client and Client agrees to cause any such corporation to enter into an agreement with Manager of the same terms and conditions contained herein.
11. LEGALITY. Nothing contained in this agreement shall be construed to require the commission of any act contrary to law. Whenever there is any conflict between any provision of this agreement and any material law, contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the provisions of this agreement affected shall be curtailed and restricted only to the extent necessary to bring them within such legal requirements, and only during the time such conflict exists.
12. CONFLICTING INTERESTS. From time to time during the term of this agreement, acting alone or in association with others, Manager may package an entertainment program in which the Client is employed as a Client, or Manager may act as the entrepreneur, partner or promoter of any entertainment program in which Client is employed by Manager or Manager may employ Client in connection with the production of phonograph records, or as a songwriter, composer or arranger. Such activity on Manager’s part shall not be deemed to be a breach of this agreement or of Manager’s obligations and duties to Client. However, Manager shall not be entitled to the commission in connection with any gross earnings derived by Client from any employment or agreement whereunder Client is employed by Manager, or by the firm, person or corporation represented by Manager as the package agent of the entertainment program in which Client is so employed; and Manager shall not be entitled to the commission in connection with any gross earnings derived by Client from the sale, license or grant of any literary rights to Manager or any person, firm or corporation owned or controlled by Manager. Nothing in this agreement shall be construed to excuse Client from the payment of the commission upon gross earnings derived by Client from Client’s employment or sale, license or grant of rights in connection with any entertainment program, phonograph record, or other matter, merely because Manager is also employed in connections therewith as a producer, director, conductor or in some other management or supervisory capacity, but not as Client’s employer, grantee or licensee.
13. SCOPE. This agreement shall not be construed to create a partnership between the parties. Each party is acting hereunder as an independent contractor. Manager may appoint or engage any other persons, firms or corporations, throughout the world, in Manager’s discretion, to perform any of the services which Manager has agreed to perform hereunder except that Manager may delegate all of his duties only with Client’s written consent. Manager’s services hereunder are not exclusive to Client and Manager shall at all times be free to perform the same or similar services for others as well as to engage in any and all other business activities. Manager shall only be required to render reasonable services that are provided for herein as and when reasonably request by Client. Manager shall not be deemed to be in breach of this agreement unless and until Client shall first have given Manager written notice describing the exact service that Client requires on Manager’s party and then only if Manager is in fact required to render such services hereunder, and if Manager shall thereafter have failed for a period of __________________ (__________________) consecutive days to commence the rendition of the particular service required.
14. ASSIGNMENT. Manager shall have the right to assign this agreement to any and all of Manager’s rights hereunder, or delegate any and all of Manager’s duties to any individual, firm or corporation with the written approval of Client, and this agreement shall inure to the benefit of Manager’s successors and assigns, provided that Manager shall always be primarily responsible for rendering of managerial services, and may not delegate all of his duties without Client’s written consent. This agreement is personal to Client, and Client shall not assign this agreement or any portion, and any such purported assignment shall be void.
15. NOTICE. All notices to be given to any of the parties hereto shall be addressed to the respective party at the applicable address as follows:
If to Client: ______________________
If to Manager: ______________________
All notices shall be in writing and shall be served by electronic mail, mail or telegraph, all charges prepaid. The date of mailing or of deposit in a telegraphy office, which ever shall be first, shall be deemed the date such notice is effective.
16. CLIENT’S WARRANTIES. Client is over the age of eighteen, free to enter into this agreement, and has not heretofore made and will not hereafter enter into or accept any engagement, commitment or agreement with any person, firm or corporation which will, can or may interfere with the full and faithful performance by Client of the covenants, terms and conditions of this agreement to performed by Client or interfere with Manager’s full enjoyment of Manager’s right sand privileges hereunder. Client warrants that Client has, as of the date hereof, no commitment, engagement or agreement requiring Client to render services or preventing Client from rendering services (including, but not limited to, restrictions on specific musical compositions) or respecting the disposition of any rights which Client has or may hereafter acquire in any musical composition or creation, and acknowledges that Client’s talents and abilities are exceptional, extraordinary and unique, the loss of which cannot be compensated for by money.
17. ARBITRATION. In the event of any dispute under or relating to the terms of this agreement or any breach thereof, it is agreed that the same shall be submitted to arbitration by the American Arbitration Association in __________________, __________________ in accordance with the rules promulgated by said association and judgment uon any award rendered be entered in any court having jurisdiction thereof. Any arbitration shall be held in __________________ County, __________________. In the event of arbitration arising from or out of this agreement or the relationship of the parties created hereby, the trier thereof may award to any party any reasonable attorneys’ fees and other costs incurred in connection therewith. Any litigation by Manager or Client arising from or out of this agreement shall be brought in __________________, County, __________________.
IN WITNESS WHEREOF, the parties hereto have signed this agreement as of the date hereinabove set forth.
Pka: “__________________” __________________