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THIS MANGEMENT AGREEMENT is made on [Date] by and between [Name] of [Address], hereinafter referred to as "Manager", and [Name] of [Address], hereinafter referred to as "Band", comprising the following members "Band Members:
Band Member Names & Address:
Band agrees to have Manager serve as its exclusive personal manager.
1. Obligations of Manager. Manager shall guide and advise the Band in the music business.
(a) Manager shall serve as Band's exclusive agent for the exploitation and promotion of Band's music services and products throughout the world.
(b) Manager shall work in association with Band in the negotiation of recording, merchandising or other agreements affecting Band.
2. The Term. The term of this agreement shall continue for one year after the date of execution of this agreement and may be renewed by mutual consent of the parties on the same terms for subsequent one-year terms.
Commission During the Term. Manager shall be entitled to [--%] percent of Gross Revenues received by Band during the term. "Gross Revenues" shall be defined as all moneys including advances and fees received by Band in connection with Band's entertainment-related activities, but excluding: recording funds advanced by a record company, money paid to make videos, payments to record producers, musicians, mixers, re-mixers, directors, engineers or any other individuals involved in the creation of audio or audio-visual recordings, payments to non-band member co-writers or co-publishers, tour support and any reimbursements received by Band for expenses paid out of Gross Revenues.
3. Commission After the Term. Unless Manager has been terminated for a breach of this Agreement, Manager shall be entitled to post-term commission payments derived from master recordings created during the Term. Under no circumstances shall Manager be entitled to income from albums created before or after the Term. These post-term commission payments shall be at the following rates during the specified periods:
[--%] of the Gross Revenues from the first __________ period after termination;
[--%] of the Gross Revenues from the second __________ period after termination;
[--%] of the Gross Revenues from the third __________ period after termination;
[--%] of the Gross Revenues from the fourth __________ period after termination.
Thereafter, Manager shall receive no further post-term commissions.
4. Manager's Expenses. Band shall pay documented reasonable and necessary costs incurred by Manager in connection with Manager's duties on behalf of Band. Band shall only pay such expenses out of Gross Revenues commissionable under this agreement and no members of Band shall be personally liable for any such expenses. Manager shall not incur expenses in excess of [$------] in any single transaction, or $1,000 during any calendar month without Band's prior written consent.
5. Mediation; Arbitration. If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of mutually-agreed upon mediator in the American Arbitration Association or like Organization. Any costs and fees other than attorney fees shall be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution, 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.
6. General. This Agreement may not be amended except in a writing signed by both parties. If a court finds any provision of this Agreement invalid or unenforceable as applied to any circumstance, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.
7. This Agreement shall be governed by and interpreted in accordance with the laws of the State of [State].
8. Further Assurances. In connection with this Agreement and the transactions contemplated hereby, each party to this Agreement will execute and deliver any additional documents and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Agreement and the transactions contemplated hereby.
9. Headings. The paragraph headings contained herein are for convenience of reference only and are not to be used in the construction or interpretation hereof.
10. Severance. The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof.
11. Entire Agreement. This Agreement including any attachments is the entire agreement between the parties and there are no other promises or conditions in any other written agreement.
12. This Agreement supersedes any prior oral agreements between the parties.
13. Agreement Binding. This Agreement shall be binding upon the parties hereto and their respective heirs, administrators, successors, and assigns.
14. No Assignment. Neither this agreement nor any right or interest thereunder shall be assigned in any respect whatsoever.
15. Exclusion of Oral Statements. This instrument contains all of the agreements of the parties. No oral or other statements shall be binding on either of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at [City], [State].
Management Company Name (if applicable)
Band Member Name
Band Member Name
Band Member Name
Band Member Name
This Section for Notary:
STATE OF -------)
) ss: [Date]
COUNTY OF ------)
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[Name of Notary Public]
My commission expires: [date]