Is this an "artist friendly" Music Agency Contract?

[msdee]

Hello everyone,

I am in the process of negotiating a distribution deal with a
music agency for my artist, because we do not want to take forever to
get him started. I am trying to get him major exposure via radio
play, shows and endorsements. I wanted to know if this contract is
"artist friendly"? They are asking for $300 per month paid in advance
for the year or ala carte' for specific services. The contracts they
offer are for up to one year increments. Also, does it mean he is
signing to be on "their" record label for a year exclusively? He is
currently unsigned.

Also I already got him booked on an upcoming independent film and a
private audition for Diddy's Starmaker show next month. He is also
already set for a second movie and a TV show next month. If I sign
him up with this agency will he have to pay them for the 4 gigs that I
have already set up for him? Please advise.

Here is the email I received from one of the top executives of the
agency after I submitted my artist's myspace page http://www.myspace.com/bivolottinb
to answer an ad they placed on craigslist. She said that they (her
agency) like his music and think that he is very marketable. The
email follows:



Here is the management proposal and the monthly fee schedule.
Remember that the press kit is free under management and it is $375
under the ala carte fees. We can do it either way –please let me know
what your thoughts are.

Chat soon


PURPOSE OF PROPOSAL: GLRI and BiVO to enter into a contractual
relationship whereby GLRI acts as BiVO’s Marketing, Management, and
Public Relations company set upon the terms, conditions, and goals set
forth below.



GOAL:
The goal of this campaign is to broaden and increase the awareness of
the artist by making them one of the most well known artists within
their genre of music on a local, regional, national, and international
level. Our goal is to position the artist as an expert within all
genres that they fall under as well as branding their name to be heard
as much as possible. We aim to grow as the artist grows and continue
the success of our company while growing the artist to develop a large
fan base.

MANAGEMENT POINTS:

• 24-7 Access to your management team
• Monthly Press Release
• Mass Media Distribution (Over 750,000 journalists from multiple
media platforms)
• Local, Regional, National, and International (Depending upon artists
demand)
• Clip Tracking
• Interview Collaboration
• Radio Campaigns
• EPK Creation and Management
• Major Label Shopping
• Larger Artist Show Alignment
• Booking for festivals, charities, and benefits
• TV Show Slot Interviews
• Radio Slot Interviews
• Endorsement Shopping
• Producer Alignment For Future Albums
• Conceptual Band Branding
• Promotional Contests To Further Fan Base
• Promotional Campaign Development
• If applicable – Acting Role Auditions and Movie Music Submissions
• Level 3 Management Only – Financial Management
• Future Business Development
• If aligned with Go Large Records – Music Distribution and additional
marketing support if offered as well as additional press coverage

WHAT WE PROVIDE:

GLRI has a strong team ready to be diligently working as your
management team. We provide media research, writing, materials
distribution, follow-up, interview scheduling and coordination, clip
tracking, music distribution, radio submissions, and management duties
are just some examples of what we can do for our artists. There is no
guarantee of specific amount or tone of coverage on any particular day
in terms of your public relations campaign. All clipping services,
phone and mailing costs are included in the package listed below, and
the only additional cost would derive from an arrangement with Go
Large Records International, LLC for distribution services. We will
not be responsible for any errors or omissions. We will also provide
“Activity Reports,” once per month, which will include news, strategy
updates and clips.

Our management team will grow as you grow. All of the services listed
above will be offered, but depending upon your current demand will
consist of the awareness levels. The more hours that we are capable of
putting into your management will consist of your success level. It
does not mean that we clock in or out, but this is hours consisted of
outgoing work. All incoming work and responses do not count towards
the hours spent on your management campaign. Please read the following
example:

Level 1 Management
Artist makes $1 to $10,000 per month – 10 hours of work per month.
Level 2 Management
Artist makes $10,001 to $20,000 per month – 20 hours of work per month
Level 3 Management
Artist makes $20,001 to $30,000 per month – 40 hours of work per month
Level 4 Management
Artist makes $30,001 to $40,000 per month – 60 hours of work per month
Level 5 Management
Artist makes $40,001 and up per month – 80 hours of work per month
Level 6 Management (Negotiated)

COSTS & TEAM MEMBERS:

Our management duties are developed to grow as the artist grows. It is
established so that as the artist grows and they need more management,
then their monthly management fees increase but protect them at the
same time. If an artist goes down a level then they will only be
charged for the next month under their new level, but if they go up
the next month, then their management fees increase. Please review a
sample from the following list of management fees:

Level 1 Management
Artist makes $1 to $10,000 per month – Fee is $500, plus 20%
Level 2 Management
Artist makes $10,001 to $20,000 per month – Fee is $1,000, plus 20%
Level 3 Management
Artist makes $20,001 to $30,000 per month – Fee is $1,500, plus 20%
Level 4 Management
Artist makes $30,001 to $40,000 per month – Fee is $2,000, plus 20%
Level 5 Management
Artist makes $40,001 and up per month – Fee is $2,500 plus 20%

Length is one year

Your management team will consist of three main team members who are
directors of their own team within their department, an example of
those departments are Management, Booking, and Public Relations.
Michael Singleton, Cali Sky, and Jennifer Holderman are the directors
of the three major departments that you will be using. Michael focuses
on strategy, campaign management, writing, music distribution, and
radio campaign management; Cali is responsible for day-to-day campaign
management, booking alignment, interview scheduling and client
relations; Jennifer is in charge of media list management, research,
writing assistance and clip tracking. Go Large Records International,
LLC will also provide internet distribution and campaign alignment for
20% of online music sales with artist keeping all rights to their
music, but this will be established under a different agreement if
such agreement is offered. Let us know if you have any specific terms
that you would like to be included. We look forward to working with
you in delivering your music to the world!

THIS IS JUST A PROPOSAL AND IN NO WAY IS THE INITIATION OF ANY
AGREEMENT. SHOULD TERMS AND CONDITIONS BE AGREED UPON, ARTIST WILL BE
OFFERED A STANDARD CONTRACT.
# # #





Also here is the Management Contract:



ARTIST MANAGEMENT AGREEMENT

This AGREEMENT (hereinafter referred to as the "Agreement") is made
effective this _____ day of _______________, 200__ by and between
____________________, located at
________________________________________ (hereinafter referred to as
the "Artist") and Go Large Records International, located at: 4001
Kennett Pike, Suite 134-206 Greenville, DE 19807 (hereinafter referred
to as the "Manager").

WITNESSETH:

In consideration of the respective covenants contained herein, the
parties hereto, intending to legally bound hereby, agree as follows:

1. Manager agrees to render advice, guidance, counsel, and other
services as Artist may reasonably require to further his career as a
musician, composer, actor, recording, and performing artist, and to
develop new and different areas within which his artistic talents can
be developed and exploited, including but not limited to the following
services:

(a) to represent Artist and act as his negotiator, to fix the terms
governing all manner of disposition, use, employment or exploitation
of Artist's talents and the products thereof; and,

(b) to supervise Artist's professional employment, and on Artist's
behalf, to consult with employers and prospective employers so as to
assure the proper use and continued demand for Artist's services; and

(c) to be available at reasonable times and places to confer with
Artist in connection with all matters concerning Artist's professional
career, business interests, employment, and publicity; and,

(d) to exploit Artist's personality in all media, and in connection
therewith, to approve and permit for the purpose of trade, advertising
and publicity, the use, dissemination, reproduction or publication of
Artist's name, photographic likeness, facsimile signature, voice and
artistic and musical materials; and,

(e) to engage, discharge and/or direct such theatrical agents, booking
agencies and employment agencies, as well as other firms, persons or
corporations who may be retained for the purpose of securing contacts,
engagements or employment for Artist; and,

(f) to represent Artist in all dealings with any union; and,

(g) to exercise all powers granted to Manager pursuant to Paragraph 4
hereof.

2. Manager is not required to render exclusive services to Artist or
to devote his entire time or the entire time of any of Manager's
employees to Artist's affairs. Nothing herein shall be construed as
limiting Manager's right to represent other persons whose talents may
be similar to or who may be in competition with Artist or to have and
pursue business interests which may be similar to or may compete with
those of Artist.

3. Artist hereby appoints Manager as his sole personal manager in all
matters usually and normally within the jurisdiction and authority of
personal manager, including but not limited to the advice, guidance,
counsel, and direction specifically referred to in Paragraph 1 hereof.
Artist agrees to seek such advice, guidance, counsel, and direction
from Manager exclusively and agrees that he will not engage any other
agent, representative, or manager to render similar services, and that
he will not perform said services on his own behalf and he will not
negotiate, accept, or execute any agreement, understanding, or
undertaking concerning his career as an actor, musician, recording and
performing artist without Manager's prior consent.

4. Artist hereby irrevocably appoints Manager for the term of this
Agreement and any extensions hereof as his true and lawful attorney-in-
fact to sign, make, execute, accept, endorse, collect and deliver any
and all bills of exchange, checks, and notes as his said attorney; to
demand, sue for, collect, recover, and receive all goods, claims,
money, interest and other items that may be due him or belong to him;
and to make, execute, and deliver receipts, releases, or other
discharges therefore under sale or otherwise and to defend, settle,
adjust, compound, submit to arbitration and compromise all actions,
suits, accounts, reckonings, claims, and demands whatsoever that are
or shall be pending in such manner and in all respects as in any way
limiting the foregoing; generally to do, execute and perform any other
act, deed, or thing whatsoever deemed reasonable that ought to be
done, executed, and performed of any and every nature and kind as
fully effectively as Artist could do if personally present; and Artist
hereby ratifies and affirms all acts performed by Manager by virtue of
this power of attorney.

Artist expressly agrees that he will not on his own behalf exert any
of the powers herein granted to Manager by the foregoing power of
attorney without the express prior written consent of Manager and that
all sums and considerations paid to Artist by reason of his artistic
endeavors may be paid to Manager on his behalf.

It is expressly understood that the foregoing power of attorney is
limited to matters reasonably related to Artist's career as a
musician, actor, recording and performing artist and such new and
different areas within which his artistic talents can be developed and
exploited.

Artist agrees and understands that the power of attorney granted to
Manager is coupled with an interest which Artist irrevocably grants to
Manager in the career of Artist, in the artistic talents of Artist, in
the products of said career and talents and in the earnings of Artist
arising by reason of such career, talents, and products.

Simultaneously with the execution of this Agreement, Artist shall
execute a short form power-of-attorney which Manager shall be entitled
to file in any jurisdiction.

5. (a) As compensation for the services to be rendered hereunder,
Manager shall receive from Artist at the end of each calendar month
during the term hereof a sum of money equal to 20% of all total
earnings for the month. AND on the 1st of each month a sum of a
minimum of $500
Prior to all services performed for the upcoming month. (see rates
below)

Level 1 Management
Artist makes $1 to $10,000 per month – Fee is $500, plus 20%
Level 2 Management
Artist makes $10,001 to $20,000 per month – Fee is $1,000, plus 20%
Level 3 Management
Artist makes $20,001 to $30,000 per month – Fee is $1,500, plus 20%
Level 4 Management
Artist makes $30,001 to $40,000 per month – Fee is $2,000, plus 20%
Level 5 Management
Artist makes $40,001 and up per month – Fee is $2,500 plus 20%

(b) The term "monthly gross earnings", as used herein, refers to the
total of all earnings, which shall not be accumulated or averaged
whether in the form of salary, bonuses, royalties, interest
percentages, shares of profits, merchandise, shares in ventures,
products, properties, or any other kind or type of income which is
reasonably related to Artist's career in the entertainment, amusement,
music, recording, motion picture, television, radio, literary,
theatrical, and advertising fields, and Artist's artistic talents are
developed and exploited, received from administrators, assigns, or by
any person, firm, or corporation (including Manager) on his behalf.

(i) Royalty advances made to Artist which are deemed recoupable
against future earnings by the party or parties making such royalty
advances shall not be included in gross monthly income.

(ii) Royalty payments made to Artist after recoupment shall be payable
to Manager at the scale and rate aforementioned in Section 5 of this
Agreement.

(c) The compensation agreed to be paid to Manager shall be based upon
gross monthly earnings (as defined herein) of Artist accruing to or
received by Artist during the term of this Agreement or subsequent to
the termination of this agreement as a result of any services
performed by Artist during the term hereof or as the result of any
contract negotiated during the term hereof and any renewal, extension,
or modification of this Agreement.

(d) In the event that Artist forms a corporation during the term
hereof for that purpose of furnishing and exploiting his artistic
talents, Artist agrees that said corporation shall offer to enter into
a management contract with Manager identical in all respects to this
Agreement (except as to the parties thereto).

(i) In the event that Manager accepts such offers, then the gross
monthly earnings of such corporation prior to the deduction of any
corporate income taxes and of any corporate expenses or other
deductions shall be included as a part of the Artist's gross monthly
earnings as herein defined, and any salary paid to Artist by such
corporation shall be excluded from Artist's gross monthly earnings for
the purpose of calculating the compensation due to Manager hereunder.

(e) In the event that Artist forms a corporation or enters into a
contract with a corporation during the term hereof for the purpose of
exploiting or furnishing his artistic talents, then in addition to any
and all other considerations to be paid to Manager hereunder, Manager
shall be entitled to purchase at least TWENTY PERCENT (20%) of the
capital stock of such corporation at the price of ONE DOLLAR ($1.00)
PER SHARE. Artist agrees expressly not to enter into any contract with
a corporation for such purpose unless said option is made available to
Manager.

(f) Artist agrees that all gross monthly earnings as herein defined
may be paid directly to Manager by all persons, firms, or corporations
and may not be paid by such persons, firms, or corporations to Artist,
and that Manager may withhold Manager's compensation and may reimburse
himself for any reasonable and receipted fees, costs, or expenses
advanced or incurred by Manager that portion of Artist's gross monthly
earnings which equals Manager's compensation hereunder and such
disbursements incurred by Manager on behalf of Artist.

6. Artist shall be solely responsible for payment of all booking
agencies, fees, union dues, publicity costs, promotional or
exploitation costs, traveling expenses and/or wardrobe expenses and
reasonable expenses arising from the performance by Manager of
services hereunder. In the event that Manager advances any of the
foregoing fees, costs, or expenses on behalf of Artist, or incurs any
other reasonable expenses in connection with Artist's professional
career or with the performance of Manager's services hereunder, Artist
shall promptly reimburse Manager for such fees, costs, and expenses.

7. Artist warrants that he is under no disability, restriction, or
prohibition with respect to his right to execute this Agreement and
perform its terms and conditions. Artist further warrants and
represents that no act or omission by Artist hereunder will violate
any right or liability to any person. Artist agrees to indemnify
Manager and hold Manager harmless against any damages, costs,
expenses, fees (including attorney's fees) incurred by Manager in any
claim, suit, litigation, or proceeding instituted against Manager and
arising out of any breach or claimed breach by Artist of any warranty,
representation, or covenant of Artist. Artist agrees to exert his best
reasonable efforts to further his promotional career during the term
of this Agreement, and to cooperate with Manager to the fullest extent
in the interest of promoting Artist's career.

8. The initial term of this Agreement shall be for a period of ONE (1)
YEAR with a ONE (1) YEAR annual renewal option from the date thereof
to renew this Agreement by written notice mailed to Artist no less
than SIXTY (60) days prior to the expiration of the initial term or
option periods, as the case may be.

9. Time spent

Level 1 Management
Artist makes $1 to $10,000 per month – 10 hours of work per month.
Level 2 Management
Artist makes $10,001 to $20,000 per month – 20 hours of work per month
Level 3 Management
Artist makes $20,001 to $30,000 per month – 40 hours of work per month
Level 4 Management
Artist makes $30,001 to $40,000 per month – 60 hours of work per month
Level 5 Management
Artist makes $40,001 and up per month – 80 hours of work per month
Level 6 Management (Negotiated)

10. During the term of this Agreement, it is understood and agreed
that there shall be no change or modification of this Agreement unless
reduced to writing and signed by all parties hereto. No waiver or any
breach of this Agreement shall be construed as a continuing waiver or
consent to any subsequent breach hereof.

11. It is agreed that as a condition precedent to any assertion by
Artist or Manager that the other is in default in performing any
obligation contained herein, the party alleging the default must
advise the other in writing by Certified United States Mail of the
specific obligation which it claims has been breached and said other
party shall be allowed a period of SIXTY (60) days from the receipt of
such written notice within which to cure such default.

12. This Agreement does not and shall not be construed to create a
partnership or joint venture between the parties hereto.

13. This Agreement shall be construed in accordance with the laws of
the State of Delaware governing contracts executed and performed
therein, and shall be binding upon and inure to the benefit of the
parties, respective heirs, executors, administrators, successors, and
assigns.

14. Artist management proposal with fee sheet attached and singed.


IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year first above written.

AGREED TO AND ACCEPTED:

BY:
"ARTIST"
Name_______________________ (print)

____________________________ (sign)
Authorized Signatory


BY:
"MANAGER"
Name_______________________ (print)

____________________________ (sign)
Authorized Signatory

[schof...@yahoo.com]

Is this a label? At first you stated that it was a music agency. The
reason I need to know this is because it do affect the type of
agreement you should get in. I will skip through the contract and
reply.

* No get your own press release by an experience writer for $50.

* You know that they will be managing your artists, you will be giving
up all rights. And on top of that you are paying them in advance.
Usually managers get a set fee from the revenue that they help the
artists make.

* This company is a rip off hear is one example " The more hours that

we are capable of putting into your management will consist of your

success level". So that mean that since your artist success level
isn't high in their standards, they are not obligated to work on his
project; free money. Look at the break down they provide for your
artists; 10 hours of work a month if your artist make $1-$10,000. They
already made $300 off your artist plus that go up to $500 if your
artist make $1-$10,000. Oh do not forget that they will also get 20%
of that $1-$10,000. THIS IS A RIP OFF!!!!

I will not continue going through this contract because this company
isn't legit. Please walk away from them and do not look back.

On Aug 20, 2:28 pm, msdee <dcee...@aol.com> wrote:
> Hello everyone,
>
>     I am in the process of negotiating a distribution deal with a
> music agency for my artist, because we do not want to take forever to
> get him started.  I am trying to get him major exposure via radio
> play, shows and endorsements.  I wanted to know if this contract is
> "artist friendly"?  They are asking for $300 per month paid in advance
> for the year or ala carte' for specific services.  The contracts they
> offer are for up to one year increments.  Also, does it mean he is
> signing to be on "their" record label for a year exclusively?  He is
> currently unsigned.
>
> Also I already got him booked on an upcoming independent film and a
> private audition for Diddy's Starmaker show next month.  He is also
> already set for a second movie and a TV show next month.  If I sign
> him up with this agency will he have to pay them for the 4 gigs that I
> have already set up for him?  Please advise.
>
> Here is the email I received from one of the top executives of the

> agency after I submitted my artist's myspace pagehttp://www.myspace.com/bivolottinb

[msdee]

Mr. Schofield and associates, thank you for all of your professional
advice. This is the email I received from that agency/label today:

Hello MS collins!

It was a pleasure speaking to you this week and I really enjoyed your
music. I was hoping we can work together to get your career to the
next level. Please let me know what questions you may have regarding
the contracts and our services.

Also we are lining up a tour (paid) for the month of October and I
wanted to get BIVO on that bill, would you be interested?

Please email me or call me



Of course I am not the type of person that get involved with anything
without asking 1 million questions. As I stated before, my artist has
a few projects already lined up with more offers on the table as of
today. I would never allow him to sign anything without sound legal
advice. Again, thank you for your help.