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Music Agent Contract Template for Austria

A comprehensive legal agreement governed by Austrian law that establishes and regulates the professional relationship between a music agent and an artist or band. The contract defines the agent's authority to represent the artist, negotiate deals, and manage bookings, while specifying commission structures, obligations, and responsibilities of both parties. This document incorporates requirements from Austrian commercial and agency laws, including the ABGB (Austrian Civil Code) and HVertrG (Commercial Agents Act), while addressing specific music industry considerations such as territory restrictions, booking terms, and promotional activities.

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What is a Music Agent Contract?

The Music Agent Contract serves as the foundational document establishing the business relationship between professional music agents and artists/bands in Austria. This agreement is essential when an artist seeks professional representation for booking performances, negotiating deals, and managing their professional engagements. The contract must comply with Austrian legal requirements, particularly the ABGB and HVertrG, while addressing industry-specific needs such as territory rights, commission structures, and performance obligations. It's typically used when beginning a new agent-artist relationship or formalizing an existing one, and should be customized based on the scope of representation, whether it includes additional services like tour management or merchandising, and the specific needs of both parties. The document protects both the agent's and artist's interests by clearly defining roles, responsibilities, and financial arrangements.

What sections should be included in a Music Agent Contract?

1. Parties: Identification of the Agent and the Artist/Band with full legal names and addresses

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Key terms used throughout the agreement including 'Territory', 'Net Income', 'Booking Fee', etc.

4. Appointment and Scope: Terms of agent appointment, exclusivity status, and territorial scope

5. Agent's Services and Obligations: Detailed description of services to be provided by the agent including booking, promotion, and negotiation

6. Artist's Obligations: Artist's commitments, responsibilities, and cooperation requirements

7. Commission and Payments: Commission rates, payment terms, and calculation methods

8. Term and Termination: Duration of the agreement and conditions for termination

9. Intellectual Property: Usage rights for artist's name, image, and promotional materials

10. Confidentiality: Protection of confidential information and trade secrets

11. Representations and Warranties: Standard legal assurances from both parties

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

13. General Provisions: Standard legal clauses including notices, amendments, and governing law

What sections are optional to include in a Music Agent Contract?

1. Sub-Agents: Include when the agent may need to appoint sub-agents in different territories

2. Merchandising Rights: Include when the agent will be involved in merchandising activities

3. Digital Rights: Include when the agent will manage social media and digital presence

4. Recording and Publishing: Include when the agent will be involved in recording or publishing deals

5. Tour Management: Include when the agent will handle tour management responsibilities

6. Sponsorship and Endorsements: Include when the agent will secure and manage sponsorship deals

7. Power of Attorney: Include when the agent needs specific legal authority to act on behalf of the artist

8. Insurance: Include when specific insurance requirements need to be maintained by either party

What schedules should be included in a Music Agent Contract?

1. Schedule A - Commission Structure: Detailed breakdown of commission rates for different types of engagements

2. Schedule B - Territory Definition: Specific countries or regions covered by the agreement

3. Schedule C - Approved Sub-Agents: List of pre-approved sub-agents if applicable

4. Schedule D - Minimum Performance Requirements: Specific targets or performance metrics for the agent

5. Schedule E - Approved Forms of Publicity: Templates or guidelines for promotional materials

6. Appendix 1 - Artist's Existing Commitments: List of pre-existing contracts or commitments

7. Appendix 2 - Standard Operating Procedures: Detailed procedures for booking and managing engagements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Austria

Document Type

Music Agreement

Cost

Free to use

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