What are the elements of Artist-Agent Agreement?
An Artist-Agent agreement may have following pointers:
藝人經紀合約至少要有如下條款:
- Details of the Agent and his work: Name of the artist, the field of work ( a painter, dramatic performer, singer, actor, author etc), geographical extent and limitations, if any,經紀人之工作範圍:藝人之姓名及其業務屬性例如:畫家、戲劇演員、歌者、演員,作者等與業務區域所及
- Details of the Agent: Name and Address of operation it is an individual, Legal name, and Registered Address if is a corporation/ firm經紀人細節:如係個人,其姓名及辦公處所地址;如係公司,其法定名稱及營業處所地址。
- Date of execution of the Agreement, from which date it shall become effective.契約履行日,何日生效須載明於契約。
- The consideration as agreed upon by the parties mutually: may be a fixed payor on a commission basis; period of accounting and the mode of payment; provision of revision of the consideration.:
契約雙方同意之報酬:以給付方基於固定佣金之準繩;會計期間與給付方式;報酬修改條款: - The extent of the Agent’s authority: for a particular line of work, in some prescribed geographical area, with particular types of third parties etc
- Duties of the Agent
- To manage communications and negotiations with the promoters, distributors, producers etc.
- To manage finances relating to the work (eg. fee, invoices, bills, refunds etc)
- To manage promotions on individual levels
- To deal with the legal affairs relating to the work (eg. IPR)
- If the agency is for a specific term period or shall continue unless terminated by a separate legal agreement.
- The conditions of the termination of the agreement; the notice period is to be supplied by either party to the other; days within which complete payment to be made; any fee or penalty to be paid if terms not abided by.
- In even of a dispute between the parties, what course may be taken: traditional litigation or arbitration. If arbitration, then an elaborate clause to be inserted.
- Terms of examination of books and records relating to the transactions
- If conflicting interests arise to the agent, the course to be taken then and notice if to be served.
- The manner in which modification can be made to the Agreement
- Address of both parties where notices mentioned in the agreement require being supplied
- Governing Law and jurisdiction準據法及管轄權
- Statements that
- The Artist shall be legally bound by the actions of the Agent with respect to the provisions of the said agreement
- The agent shall act with reasonable care and bonafide intentions, keeping in mind the best interests of the Artist.