Are you considering starting your own business but don’t have enough resources—or you have the resources but don’t have the skill to start your own business? The answer to…continue reading
They can enter into an artist-agent agreement. This agreement will state the rules that they will have with their artist-agent relationship. It will dictate their agreement on how they can settle on prices and how they can benefit from each other. In this article, you can read some things about an artist-agent agreement. You will know the types of agents and the key elements of an artist-agent agreement. You will learn its benefits. You will also know how to make an artist-agent agreement. Are you prepared to learn these things? Then, just be relaxed and keep on scrolling!
5+ Sample Artist Agent Agreement
What is an Artist Agent Agreement?
An artist-agent agreement is a contract that states the agreement of an artist and an agent. Agents will do the marketing for the artist’s career. They will be the legal manager of the artist. Artists can have a contract with an individual agent or an agency that can handle their career so that exposure will be gained and commissions will come. Through the help of the agent, the artist can have competitiveness in the arts industry. They can sell the artworks that they cannot sell by themselves. They can reach more audience that can buy their artworks through negotiations that will be done by the agents. Agents can take of the things that they cannot do. It is a good way on how their career can flourish. Through the talent management of the agents, they can have projects that they cannot have if not with the help of the agents. The agreement is beneficial for both of them. Artists gained help with their careers. Agents will have some money just from handling the artists. It is a professional relationship that is happening in the arts industry. If you are a wise artist, you should know that you cannot work by yourself. You need an agent that can help you in getting clients and have someone who will promote your art.
Types of Agents
As an artist, you must be informed on how you can get an agent for yourself. You must first know that it has some certain types. Read the following and learn the types of agents:
This type of agent manages the business side of the career of the artist. Usually, artist agents are gallery owners who are knowledgeable on every aspects of the arts industry. Though, sometimes, they can be a member of the artist’s family who tend to be more loyal and do not expect a big remuneration. The role of agents should be clear. They can facilitate exhibitions and take care of the things about the media. They can develop a program for the artworks and they can make the works to be licensed. They can talk with galleries. They can handle all debts and can do necessary administrations. Their remunerations should be clear. Sometimes, they can fund ventures.
Sales agents are sole traders that can help you in selling your artworks on your behalf. They manages sales but they do not contribute on the production cost. They are responsible for their own expenses. They need a back-up for finance from the artists in doing promotional things.
Distributors are not individual agents but companies. They have a capacity to have a coverage for the whole country. They can market the artworks better because of it. They have a corporate image. They can manage to produce great exhibitions and can have big trade showrooms.
This type of agents do a negotiation for the licensing of the artworks of artists. They have better terms in negotiation and can take commissions for the artists. An example of this is publishing companies who deals with artists in a direct way. Gallery owners can sometimes be also licensing agents.
Benefits of an Artist-Agent Agreement
An agent contract helps artists to market their craft nationwide. Even if they will engage in a simple talent agreement, they will surely get a benefit from it. An artist and agent agreement is something that an artist should be thankful for. Even also on the side of the agent. Learn why it is so.
Key Elements in an Artist Agent Agreement
Have you not seen an artist agent agreement template and you do not know what this agreement consists? Before you will make an artist manager agreement form, you may want to consider the following key elements that you need to include in this agreement:
This section includes the name of the artist. The artist can be an individual or a group of people. Their field of work should be also included. For example, if they are a painter, musician, performer, or author. Stage names can be written, too. The geographical location will also be stated.
The name of the agent should be written. It should go along with an address. If the agent is a corporation, the legal name should be written and its registered address.
The date when the agreement has been executed should be clear. The rule about your agreement will be effective on this date.
Your agreement about the commission should be placed in this section. Provide a ‘sunset clause’ for this. You must mutually agree that the agent will be a fixed payor with the commission, that the agent will receive commission from the achievements of the artist. You must also provide a mode of payment with this.
The standard commission rate in the arts industry is 15-20%. You must be clear with the agreed commission rate. Sometimes, according to your negotiation, the agent can get up to 50%, if the work requires more time and effort. What matters is, whatever your agreed rate, you have to be definite about this in the agreement.
Division of Labor
As an artist and agent, both of you have responsibilities to do. You must be definite about all the works that you can divide for the both of you to do. Be clear about this, so you will not have a pointing finger to each other when it is about doing something in your business.
You must be clear about the extent of work of the agent. Tell the geographical area which the agent authority can extent. Be clear also about third parties and other things.
Law and Jurisdiction
The law which applies to your agreement must be stated. Be sure that your agreement complies with all state laws so that there will be no question about your agreement when it comes to legal things. Every exclusive artist management agreement should have a clause on this.
It could be a number of months up to 7 years. Agree on the length of time of your agreement. Most agreement has terms of 12 months, which is a good length of term. But some may agree to have partnership in years. Especially, if the artist is just beginning its career. The agent would want to have a long term relationship with them. In this section, you should also state the notice of termination so that both of you will know when the agreement will end.
Artist Bank Information
If ever artists will owe some money to the agent, they should provide their bank account information. In this way, agents will have some way on how they can charge interest.
Sometimes, things happen and one of the two parties may not comply with the terms of the agreement. You have to provide some information on the things that you can do if ever there will be a consequence of breach. You can also provide conditions for having a breach.
How to Make an Artist Agent Agreement
If you will ever make an artist manager agreement form, you may need some guidance in making it. Maybe you need a sample artist agent agreement or an artist management agreement sample. Well, here are some steps that you can use in making an artist-agent agreement:
Step 1: Find an agent.
First thing that you need to do is to find an agent for yourself. You can use your connections or you can search on the internet for the agents that can help you in your career. If you have found an agent that you can have an agreement with, do a background check first so that you will know if they are good in handling artists or not. If you are satisfied with the checking that you have done, you can go to this agent and start negotiating with them. Introduce your craft with them and show them your skills so that they would be interested in managing you. If you go along and both of you see it good to have a business relationship, then you can start to have a partnership.
Step 2: Make a deal memo.
The next thing you need to do is consider a deal memo. Ask help from a lawyer that can assist you in having objectives and will explain everything to you about an agreement. Once you have agreed on certain things, you can start drafting your agreement. Search for a talent agent contract example so that you will have an idea on how to construct the agreement.
Step 3: Write the agreement.
After you have agreed on particular things like management fee, length of terms, division of labor, commission rate, and other things, you can start writing the agreement. First, make a draft and show it to your lawyer for approval. When everything is fine, start writing the agreement. Use a template so everything will be easier for you to do. Be careful to include everything that you have agreed upon. Be clear in your writing.
Step 4: Sign the agreement.
At the end of the document, provide signature blocks where both of you can sign. Share the finished document. After reading it, both of you can sign the document to make it legal. After signing, you already have an artist-agent agreement ahead of you.
What Does an Agent Do?
Agents promote the career of an artist. They represent the artist to the client. They sell in behalf of the artist. They do the licensing and sales of the arts of the artist.
How Much is the Commission of an Agent?
Mostly, the commission is 15-20%. This is the normal rate that an agent can get from all the arts that they could sell. But they can have a commission of as much as 50%, if the artist will agree on it. It depends on the artist how much he or she will give as a commission for the agent.
An artist-agent agreement helps so much in the life of an artist. They can market their craft without them doing anything. They can have improvement with their career that they cannot get if they will work alone. If you are an artist, you can engage into an artist-agent agreement and make your career better. If you have questions about this agreement, this post can help you. It has 5+ SAMPLE Artist Agent Agreement in PDF | MS Word. What are you waiting for? Download now!