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Music Agent Contract Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes and regulates the professional relationship between a music agent and an artist or band. The document outlines the scope of representation, commission structures, and mutual obligations while ensuring compliance with New Zealand's entertainment industry regulations, fair trading practices, and contract law. It includes provisions for performance bookings, revenue management, intellectual property considerations, and territory-specific representation terms.

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What is a Music Agent Contract?

The Music Agent Contract is essential for formalizing professional representation relationships in New Zealand's music industry. This document is typically used when an artist or band seeks professional representation for securing performances, managing bookings, and negotiating entertainment contracts. It complies with New Zealand's legal framework, including the Fair Trading Act 1986 and Contract and Commercial Law Act 2017, while addressing industry-specific requirements. The contract covers crucial aspects such as commission structures, scope of representation, territorial rights, and performance terms. It's particularly important for protecting both parties' interests and establishing clear parameters for the agency relationship, including detailed provisions for revenue sharing, promotional activities, and termination conditions.

What sections should be included in a Music Agent Contract?

1. Parties: Identification of the Agent and the Artist/Band, including full legal names and contact details

2. Background: Context of the agreement, including the Agent's experience and Artist's professional status

3. Definitions: Key terms used throughout the agreement, including 'Territory', 'Term', 'Gross Earnings', 'Commission', etc.

4. Appointment and Term: Formal appointment of the Agent, specification of exclusive/non-exclusive nature, and duration of the agreement

5. Agent's Services: Detailed description of services the Agent will provide, including booking, promotion, and negotiation of deals

6. Agent's Authority: Scope of Agent's authority to act on behalf of the Artist, including any limitations

7. Commission Structure: Details of Agent's compensation, including commission percentages for different types of earnings

8. Payment Terms: Process and timing for commission payments, invoicing requirements, and handling of expenses

9. Artist's Obligations: Artist's responsibilities, including cooperation with Agent and professional conduct requirements

10. Intellectual Property: Protection and usage of Artist's name, likeness, and other intellectual property

11. Termination: Circumstances and process for ending the agreement, including notice periods and post-termination obligations

12. Confidentiality: Protection of confidential information exchanged during the relationship

13. General Provisions: Standard contract clauses including governing law, dispute resolution, and entire agreement

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

1. International Representation: Additional terms for representation outside New Zealand, used when Artist seeks international exposure

2. Digital Rights Management: Specific provisions for managing online presence and digital revenue streams, relevant for artists with significant digital presence

3. Sub-Agents: Terms governing the appointment and management of sub-agents, used for larger territories or specialized markets

4. Recording and Publishing: Additional terms if Agent will be involved in recording or publishing deals, beyond standard performance bookings

5. Merchandising Rights: Terms regarding merchandise representation and licensing, relevant for artists with merchandise potential

6. Tour Management: Specific provisions if Agent will handle tour management responsibilities

7. Brand Partnerships: Terms for handling endorsements and sponsorships, relevant for artists seeking commercial partnerships

What schedules should be included in a Music Agent Contract?

1. Schedule 1: Commission Rates: Detailed breakdown of commission percentages for different types of engagements and revenue streams

2. Schedule 2: Territory Definition: Specific geographical areas covered by the agreement, including any excluded territories

3. Schedule 3: Approved Expenses: List of pre-approved expenses that can be incurred by Agent on Artist's behalf

4. Schedule 4: Minimum Performance Fees: Minimum fee levels for different types of performances or engagements

5. Schedule 5: Key Personnel: List of key team members assigned to the Artist's representation

6. Appendix A: Artist's Materials: List of promotional materials, biography, and technical requirements

7. Appendix B: Reporting Templates: Standard formats for financial reports and performance schedules

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

New Zealand

Document Type

Music Agreement

Cost

Free to use

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