Chris Chow Creative Lawyers | MANAGEMENT AGREEMENT CHECKLIST
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MANAGEMENT AGREEMENT CHECKLIST

Whether you’re an artist or a manager it’s vital to be aware of your rights and obligations when you decide to enter a Management Agreement. While it may be a sticky subject, discussing the nature of your relationship will be important for sustaining it.

 

If you’re thinking about entering a Management Agreement, asking the following questions will help you figure out what needs to be included in the contract.

 

If you need assistance putting together a Management Agreement, get in touch!

 

 

Standard Terms of a Music Management Agreement 

 

A. Parties to the Contract

  1. What is the name, address and ABN of the Manager?
  2. What is the name, address and ABN of the Artist (or all members of the Band/Artist)?
  3. If the Manager is a company, is there a ‘Key Person’ who must provide the management services?

 

B. Term and Territory

  1. How long will the manager initially be appointed for?
  2. Will there be a ‘Probationary Period’?
  3. Will there be options to extend the ‘Term’ of the management agreement?
  4. If so, whose right will it be to extend the agreement (just the manager, or both parties)?
  5. What geographical locations (‘Territories’) will the manager be appointed to (e.g. ANZ or the world)?
  6. Does the manager have the right to appoint a co-manager or personal manager?

 

C. Activities and Services

  1. What Artist activities will the manager be managing? E.g. Music Industry vs Entertainment Industry vs Certain Excluded Activities.
  2. What specific services will the manager be providing?
  3. Will the services be personal day-to-day services or is the key person just overseeing the management?
  4. Will the services include book keeping and invoicing?

 

D. Manager’s Authority and Artist’s Approvals

  1. Does the manager need approval from the Artist for certain things?
  2. If so, which things (e.g. enter agreements, book gigs, pay invoices & collect income, arrange and use promo material, appoint lawyers or accountants) and how formal must the approval be (i.e. ‘in writing’ or by verbal consultation)?
  3. What can the artist do without reference to the manager (e.g. book their own gigs or appoint a booking agent)?
  4. If the Artist is solo and wishes to join a group or if the Artist is a group and someone leaves, then what happens?

 

E. Manager’s Commission

  1. What management commission percentage will the Manager be entitled to?
  2. What deduction will be allowed prior to the calculation of commission?  Consider live performance/tour income, independent recording releases or independent merchandise.
  3. How and when will commission be paid?
  4. What ‘Post-Termination Commission’ will the manager be entitled to? (E.g. How long, what percentages, what income is covered?)

 

F. Termination

  1. What rights does each party have to terminate?
  2. What happens if the ‘Term’ ends?
  3. Will Post-Termination Commission still be payable if the manager has breached the agreement?

 

 

Need us to put together a Management Agreement? Get in touch!