It’s important that the business arrangement between a manager and their client (artist, musician, songwriter, producer, engineer, etc) be put into writing and signed by both parties in the form of an artist management contract or music manager agreement.
Even though disasters cannot always be avoided, obligations can be made much clearer and responsibilities more easily understood with the presence of a written artist management agreement. Before you get an attorney to draft a contract for you, however, you should first take stock of what you are prepared to do with and for an artist and what you expect out of the relationship.
Sample Management Contract With Recitals In Miami-Dade
Category:
State:
Multi-State
County:
Miami-Dade
Control #:
US-0021BG
Format:
Word;
Rich Text
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FAQ
Among the contract terms that too many people skip over are the “contract recitals.” These are more commonly known as the preamble or maybe introductory clauses. They generally aren't legally binding. However, they typically address the intent of the agreement.
Writing Strong Recitals Clear Purpose. Write specific goals. Connect directly to main contract sections. Keep terminology consistent throughout. Essential Background. Focus on what matters legally. Present events in order. Reference critical documents. Party Details. Use exact legal names. Clarify each party's role.
Contract recitals are statements that provide background information about the intent of a contract. They are located in the introductory part of a contract and immediately follow any preambles listed (though some in the legal profession consider preambles and recitals to be one and the same).
Recitals, often introductory, provide background information, context, and the overarching intent of the agreement but are generally non-enforceable.
Non-binding contracts are typically used when two parties want to put down preliminary discussions on paper to make sure they're on the same page, but don't want to explicitly agree to anything yet. A letter of intent is a good example of a non-binding contract.
In short, while it might seem like every part of a court order should automatically be enforceable, that's not always the case. Recitals provide context and agreements that the court acknowledges but can't enforce, while the actual orders are the parts that legally must be followed.
Generally speaking recitals simply record the background to the transaction and do not contain substantive operative provisions. In this way they are not generally or conventionally legally binding but may assist in the interpretation of the agreement.
As a general rule, managers take a percentage of all income generated by the artist in exchange for their management services. Commission rates typically range from 15-25% of the artist's gross income from: Recording royalties: Sales, streaming and licensing of recorded music.
Draft the Recitals: Clearly and concisely write the introductory statements that explain the context and purpose of the agreement. Use Clear Language: Ensure that the language used in the recitals is clear, unambiguous, and accurately reflects the parties' intentions.
Write the contract in six steps Start with a contract template. Open with the basic information. Describe in detail what you have agreed to. Include a description of how the contract will be ended. Write into the contract which laws apply and how disputes will be resolved. Include space for signatures.