Booking Agent Agreement 12/2009 - 1 -
BOOKING AGENT AGREEMENT
This agreement is made this _________ date of ________, 2009, between
________________________, of ________________________________________________, (“Artist”),
and Moonlight Talent Agency, of 2110 East Main, Cottage Grove, Oregon 97424, (“Agent”).
1. Employment of Booking Agent. Artist employs Agent as HIS/HER exclusive Agent to
negotiate and secure engagements and to book, manage, and arrange paid work in broadcast,
print and creative media.
2. Duties of Booking Agent. As Artist’s exclusive booking agent, Agent will:
a. Use all reasonable efforts to obtain engagements for Artist, the fees for which, in the
discretion of Agent, will be the highest possible.
b. Bill and collect in the name of Agent, all fees from all engagements that Artist might give
during the term of this agreement. Should such payments be made payable to Artist,
Artist authorizes Agent to give receipts for such payments in HIS/HER full name and to
endorse and deposit any such check made payable to Artist for any such engagement.
Should any such payment be made directly to Artist, Artist agrees to endorse such
payment and promptly turn it over to Agent. Agent then shall remit Artist’s share to Artist
or to Artist’s duly-appointed agent. Agent does not guarantee payment, should engaging
client default, but does agree to use its best efforts to pursue payment.
c. Pay to Artist or to Artist’s duly-appointed agent as Artist’s share, 20% of the gross
receipts collected and received for all such engagements given by Artist during the term of
this agreement unless otherwise agreed upon in writing, signed by the parties to this
agreement.
3. Duties of Artist. In return for the above-stated services of Agent, Artist agrees to:
a. Conscientiously fulfill all engagements booked on Artist’s behalf by Agent.
b. Promptly turn over and refer to Agent every inquiry or invitation with reference to
all engagements that Artist may receive directly.
c. To appear for the specified amount of time recorded on the agreement with the
engaging client and Agent and to comply with all reasonable requests in the
agreement with the engaging client.
d. Provide agent with glossy photographs, resume and up-to-date press releases from
time to time. Zed or Comp cards may be printed at Artist’s expense with Moonlight
Talent design. Photographs will be sent upon request but should none be available at
that time Artist is responsible for providing more.
e. Artist is considered an independent contractor and is to follow state guidelines
accordingly.
Booking Agent Agreement 12/2009 - 2 -
4. Term of Employment. This agreement is to commence on the effective date state above, and
to continue indefinitely until either party provides 30 day notice of its intent to terminate this
agreement. Any fees, costs or expenses due Agent at the time of termination shall survive
such termination.
5. Governing Law. This agreement has been entered into in Oregon, is subject to and governed
by the laws of that state, and may be specifically enforced there. Artist consents to the service
of process in any action under this agreement by registered mail, return receipt requested, and
further consents to the jurisdiction of the Circuit Court in Lane County, Oregon in any such
action.
6. Entire Agreement. This agreement shall constitute the entire agreement between the parties
and any prior understanding or representation of any kind preceding the date of this agreement
shall not be binding upon either party except to the extent incorporated in this agreement.
7. Attorney’s Fees. If any action is filed in relation to this agreement, the unsuccessful party in
the action shall pay to the successful party, in addition to all the sums that either party may be
called on to pay, a reasonable sum for the successful party’s attorney’s fee.
8. Effect of Partial Invalidity. The invalidity of any portion of this agreement will not and shall
not be deemed to affect the validity of any other provision. If any provision of this agreement
is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in
full force and effect as if they had been executed by both parties subsequent to the
expungement of the invalid provision.
9. No Waiver. The failure of either party to this agreement to insist upon the performance of any
of the terms and conditions of this agreement, or the waiver of any breach of any of the terms
or conditions of this agreement, shall not be construed as subsequently waiving any such
terms and conditions, but the same shall continue and remain in full force and effect as if no
such forbearance or waiver had occurred.
ARTIST: AGENT:
___________________________ ___________________________
Date:_______________________ Date:_______________________
GUARDIAN:
___________________________
Date:_______________________
