Discussion: Contracts and Artist representation 1 Week 2 Discussion Board Discussion Board Assignment Read the ???????????????????????????????? below and analyze/discuss the issues with the proposed contract as if you represent the artist. Discussion Board Goal By completing the discussion board, you will gain a better understanding of contracts as a whole. Discussion Board Specifications Manager is new to the music business, but he is very excited about starting his career as a manager. Right now, he is desperately trying to convince artists to let him represent them. When he attends shows and sees artists he likes, he talks to them after their set. Manager explains that he will do everything he can to make the artists big money and get them excellent deals if they just let him be their manager. As he says, great management is an investment and if the artist is willing to invest in him, they’ll be investing in the right man. Manager doesn’t hide his contract from the artists; he always shows them a copy of his management contract so that they can review it. In particular, he points out that in his contract, his artists are entitled to a lot of great benefits at every gig. He also describes how he will be a one-stop-shop for his artists, so they won’t have to deal with lots of different people just to perform the music they love. Manager also offers to have his lawyer discuss the contract with the artists, so that they get some legal advice before they sign the agreement. An artist who is considering signing this contract already discussed it with Manager’s attorney and now has brought it to you for advice. Please advise Artist on what problems and/or benefits you think the agreement has and whether he should sign with Manager. The contract reads as follows: Whereas, MANAGER is an experienced manager in the entertainment industry; Whereas, ARTIST desires to obtain MANAGER’S advice, counsel and direction in the development and enhancement of ARTIST’S professional career in the entertainment industry; Whereas, the nature and extent of the success or failure of ARTIST’S career cannot be predetermined; and Whereas, it is therefore ARTIST’S desire that MANAGER’S compensation be determined in such manner as will permit MANAGER to accept the risk of failure and likewise benefit to the extent of ARTIST’S success. 2 1. TERM ARTIST hereby engages MANAGER as ARTIST’S exclusive personal manager and advisor for a period of three (3) years commencing on the date hereof. 2. SERVICES MANAGER agrees during the Term hereof to advise, counsel and direct ARTIST in connection with all matters relating to ARTIST’S professional career in all branches of the entertainment industry, including without limitation: (a) in the selection of literary, music and musical material; (b) with respect to publicity, public relations and advertising; (c) with respect to the adoption of proper formats for the presentation of ARTIST’S music talents and in the determination of the proper style, mood, setting and characterization in keeping with ARTIST’S talents; (d) in the selection of music and other talent to assist, accompany or embellish ARTIST’S music presentation; (e) with regard to general practices in the entertainment and amusement industries; (f) with respect to compensation and privileges extended for similar music values; (g) with respect to the selection of theatrical agencies, talent agencies, and other persons, firms and corporations who will counsel, advise, seek and procure employment and engagements for ARTIST; and (h) concerning any other matters as to which ARTIST may request MANAGER’S advice and which relate to ARTIST’S activities in the entertainment industry. 3. FEES & COMMISSIONS As compensation for MANAGER’S services, ARTIST shall pay to MANAGER an initial Set-Up Fee of $500.00 as a one-?time administration fee for the 1st 30 days of service for MANAGER to review and examine existing business plans, contracts, deals and other pertinent business to set-?up operations to manage future business. As compensation for MANAGER’S services, ARTIST shall pay to MANAGER 3 throughout the full Term hereof, as and when received by ARTIST, twenty-?five percent (25%) (herein “Commission”) of ARTIST’S Gross Earnings. (a) The Term “Gross Earnings” as used herein shall mean and include any gross monies or other consideration (without any exclusion or deduction) which ARTIST may receive, or which may be or become due or payable to ARTIST as a result of ARTIST’S activities in and throughout the entertainment industry, whether as an actor, performer, writer, composer, author, publisher, lyricist, singer, musician, artist, technician, producer, director, supervisor, executive consultant or proprietor, including any and all gross sums resulting from the use of ARTIST’S music talents and the results and proceeds thereof. As compensation for MANAGER’S services, ARTIST shall pay to MANAGER a 25% interest in all copyrights created, shopped and/or placed during the term of agreement. ARTIST also agrees to pay MANAGER the Commission following the Term hereof upon and with respect to any of ARTIST’S Gross Earnings derived from any and all employments, engagements, contracts, agreements and activities negotiated, entered into, commenced or performed during the Term hereof in perpetuity relating to any of the foregoing, and upon any and all extensions, renewals and substitutions thereof and therefore, and upon any resumptions of such employments, if resumed within eighteen (18) months after the expiration of the Term hereof. 4. ARTIST’S CAREER ARTIST agrees at all times to use ARTIST’S best efforts to devote himself to ARTIST’S career and to do all things necessary and desirable to promote ARTIST’S career and earnings therefrom. 5. SCOPE MANAGER shall only be required to render reasonable services that are provided for herein and when reasonably requested by ARTIST. MANAGER shall not be required to travel or to meet with ARTIST at any particular place except in MANAGER’S discretion and only after satisfactory arrangements have been made for the costs and expenses of such travel to be paid by ARTIST. ARTIST understands that MANAGER is acting hereunder as an independent contractor and that MANAGER may appoint or engage any and all other persons, firms or corporations throughout the world, in MANAGER’S discretion, to perform any or all of the services which MANAGER has agreed to perform hereunder. MANAGER’S services hereunder are not exclusive to ARTIST, and MANAGER shall at 4 all times be free to perform the same or similar services for others as well as to engage in any and all other business activities. (a) In connection herewith, it is specifically acknowledged and agreed that MANAGER shall have the right to act as personal manager for any other musicians, vocalists or other persons whether or not they may be affiliated with ARTIST and that no advice and counsel which MANAGER may render to such individuals in connection with MANAGER’S services to them shall be deemed to be a breach of this Agreement or of MANAGER’S obligations and duties hereunder. 6. CONTROVERSIES In order to make specific and definite and/or to eliminate, if possible, any controversy which may arise between the parties hereunder, ARTIST agrees that if at any time ARTIST believes that the terms of this Agreement are not being performed by MANAGER as herein provided, ARTIST will so advise MANAGER in writing by certified mail, return

September 19, 2017 Susan Njenga

Discussion: Contracts and Artist representation 
1
Week 2 Discussion Board
Discussion Board Assignment
Read the ???????????????????????????????? below and analyze/discuss the issues with the
proposed contract as if you represent the artist.
Discussion Board Goal
By completing the discussion board, you will gain a better understanding of
contracts as a whole.
Discussion Board Specifications
Manager is new to the music business, but he is very excited about starting his
career as a manager. Right now, he is desperately trying to convince artists to let
him represent them.
When he attends shows and sees artists he likes, he talks to them after their set.
Manager explains that he will do everything he can to make the artists big
money and get them excellent deals if they just let him be their manager. As he
says, great management is an investment and if the artist is willing to invest in
him, they’ll be investing in the right man.
Manager doesn’t hide his contract from the artists; he always shows them a copy
of his management contract so that they can review it. In particular, he points
out that in his contract, his artists are entitled to a lot of great benefits at every
gig. He also describes how he will be a one-stop-shop for his artists, so they won’t
have to deal with lots of different people just to perform the music they love.
Manager also offers to have his lawyer discuss the contract with the artists, so
that they get some legal advice before they sign the agreement.
An artist who is considering signing this contract already discussed it with
Manager’s attorney and now has brought it to you for advice. Please advise
Artist on what problems and/or benefits you think the agreement has and
whether he should sign with Manager. The contract reads as follows:
Whereas,
MANAGER
is
an
experienced
manager
in
the
entertainment
industry;
Whereas,
ARTIST
desires
to
obtain
MANAGER’S
advice,
counsel
and
direction
in
the
development
and
enhancement
of
ARTIST’S
professional
career
in
the
entertainment
industry;
Whereas,
the
nature
and
extent
of
the
success
or
failure
of
ARTIST’S
career
cannot
be
predetermined;
and
Whereas,
it
is
therefore
ARTIST’S
desire
that
MANAGER’S
compensation
be
determined
in
such
manner
as
will
permit
MANAGER
to
accept
the
risk
of
failure
and
likewise
benefit
to
the
extent
of
ARTIST’S
success.
2
1.
TERM
ARTIST
hereby
engages
MANAGER
as
ARTIST’S
exclusive
personal
manager
and
advisor
for
a
period
of
three
(3)
years
commencing
on
the
date
hereof.
2.
SERVICES
MANAGER
agrees
during
the
Term
hereof
to
advise,
counsel
and
direct
ARTIST
in
connection
with
all
matters
relating
to
ARTIST’S
professional
career
in
all
branches
of
the
entertainment
industry,
including
without
limitation:
(a)
in
the
selection
of
literary,
music
and
musical
material;
(b)
with
respect
to
publicity,
public
relations
and
advertising;
(c)
with
respect
to
the
adoption
of
proper
formats
for
the
presentation
of
ARTIST’S
music
talents
and
in
the
determination
of
the
proper
style,
mood,
setting
and
characterization
in
keeping
with
ARTIST’S
talents;
(d)
in
the
selection
of
music
and
other
talent
to
assist,
accompany
or
embellish
ARTIST’S
music
presentation;
(e)
with
regard
to
general
practices
in
the
entertainment
and
amusement
industries;
(f)
with
respect
to
compensation
and
privileges
extended
for
similar
music
values;
(g)
with
respect
to
the
selection
of
theatrical
agencies,
talent
agencies,
and
other
persons,
firms
and
corporations
who
will
counsel,
advise,
seek
and
procure
employment
and
engagements
for
ARTIST;
and
(h)
concerning
any
other
matters
as
to
which
ARTIST
may
request
MANAGER’S
advice
and
which
relate
to
ARTIST’S
activities
in
the
entertainment
industry.
3.
FEES
&
COMMISSIONS
As
compensation
for
MANAGER’S
services,
ARTIST
shall
pay
to
MANAGER
an
initial
Set-Up
Fee
of
$500.00
as
a
one-?time
administration
fee
for
the
1st
30
days
of
service
for
MANAGER
to
review
and
examine
existing
business
plans,
contracts,
deals
and
other
pertinent
business
to
set-?up
operations
to
manage
future
business.
As
compensation
for
MANAGER’S
services,
ARTIST
shall
pay
to
MANAGER
3
throughout
the
full
Term
hereof,
as
and
when
received
by
ARTIST,
twenty-?five
percent
(25%)
(herein
"Commission")
of
ARTIST’S
Gross
Earnings.
(a) The
Term
"Gross
Earnings"
as
used
herein
shall
mean
and
include
any
gross
monies
or
other
consideration
(without
any
exclusion
or
deduction)
which
ARTIST
may
receive,
or
which
may
be
or
become
due
or
payable
to
ARTIST
as
a
result
of
ARTIST’S
activities
in
and
throughout
the
entertainment
industry,
whether
as
an
actor,
performer,
writer,
composer,
author,
publisher,
lyricist,
singer,
musician,
artist,
technician,
producer,
director,
supervisor,
executive
consultant
or
proprietor,
including
any
and
all
gross
sums
resulting
from
the
use
of
ARTIST’S
music
talents
and
the
results
and
proceeds
thereof.
As
compensation
for
MANAGER’S
services,
ARTIST
shall
pay
to
MANAGER
a
25%
interest
in
all
copyrights
created,
shopped
and/or
placed
during
the
term
of
agreement.
ARTIST
also
agrees
to
pay
MANAGER
the
Commission
following
the
Term
hereof
upon
and
with
respect
to
any
of
ARTIST’S
Gross
Earnings
derived
from
any
and
all
employments,
engagements,
contracts,
agreements
and
activities
negotiated,
entered
into,
commenced
or
performed
during
the
Term
hereof
in
perpetuity
relating
to
any
of
the
foregoing,
and
upon
any
and
all
extensions,
renewals
and
substitutions
thereof
and
therefore,
and
upon
any
resumptions
of
such
employments,
if
resumed
within
eighteen
(18)
months
after
the
expiration
of
the
Term
hereof.
4.
ARTIST’S
CAREER
ARTIST
agrees
at
all
times
to
use
ARTIST’S
best
efforts
to
devote
himself
to
ARTIST’S
career
and
to
do
all
things
necessary
and
desirable
to
promote
ARTIST’S
career
and
earnings
therefrom.
5.
SCOPE
MANAGER
shall
only
be
required
to
render
reasonable
services
that
are
provided
for
herein
and
when
reasonably
requested
by
ARTIST.
MANAGER
shall
not
be
required
to
travel
or
to
meet
with
ARTIST
at
any
particular
place
except
in
MANAGER’S
discretion
and
only
after
satisfactory
arrangements
have
been
made
for
the
costs
and
expenses
of
such
travel
to
be
paid
by
ARTIST.
ARTIST
understands
that
MANAGER
is
acting
hereunder
as
an
independent
contractor
and
that
MANAGER
may
appoint
or
engage
any
and
all
other
persons,
firms
or
corporations
throughout
the
world,
in
MANAGER’S
discretion,
to
perform
any
or
all
of
the
services
which
MANAGER
has
agreed
to
perform
hereunder.
MANAGER’S
services
hereunder
are
not
exclusive
to
ARTIST,
and
MANAGER
shall
at
4
all
times
be
free
to
perform
the
same
or
similar
services
for
others
as
well
as
to
engage
in
any
and
all
other
business
activities.
(a)
In
connection
herewith,
it
is
specifically
acknowledged
and
agreed
that
MANAGER
shall
have
the
right
to
act
as
personal
manager
for
any
other
musicians,
vocalists
or
other
persons
whether
or
not
they
may
be
affiliated
with
ARTIST
and
that
no
advice
and
counsel
which
MANAGER
may
render
to
such
individuals
in
connection
with
MANAGER’S
services
to
them
shall
be
deemed
to
be
a
breach
of
this
Agreement
or
of
MANAGER’S
obligations
and
duties
hereunder.
6.
CONTROVERSIES
In
order
to
make
specific
and
definite
and/or
to
eliminate,
if
possible,
any
controversy
which
may
arise
between
the
parties
hereunder,
ARTIST
agrees
that
if
at
any
time
ARTIST
believes
that
the
terms
of
this
Agreement
are
not
being
performed
by
MANAGER
as
herein
provided,
ARTIST
will
so
advise
MANAGER
in
writing
by
certified
mail,
return