Thursday, April 15, 2010

Booking Agent Agreement


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:_______________________

5 comments:

  1. Hi Kelli, thanks you so much for your lovely comment on my blog today! I am sorry to post this here but I have no other way to contact you as you are a 'no reply' blogger! Yes, it was a strip cut from an embossed panel and adhered to the front of a plain white base card and I hand embossed some lines down either side of the strip, to give it a more 'finished' look! Thank you for your visit and do pop back again sometime! Hazel xx My Card Attic

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