Management Agreement

An agreement made on the ….. of………… 2010

between:

1…………………….

of:. (Address)………………….

(To be known as The Manager in this agreement)

And:

2….(Name of Group)…………….

WHOSE MEMBERS ARE:

Name: ………………………..

Address:………………………

Role:…………………………

Name: ………………………..

Address:………………………..

Role:……………………………

Name:………………………..

Address:………………………..

Role:………………………..

Name:………………………..

Address:……………………..

Role:………………………..

Name:………………………..

Address:………………………

Role:…………………………

(To be known as The Group in this agreement)

IT IS AGREED as follows:

1. DEFINITIONS
The words below are agreed to means as follows:

(a) “The Manager’s Commission” shall be the following percentage of The Gross Receipts after the deduction of The Authorised Expenses (Nett Income): …….10-20…… %

(b) “The Authorised Expenses” shall be the following sums reasonably and properly expended by The Manager solely on behalf of The Group which are not recovered through any third party:

Travel Costs of The Group

Accommodation costs of The Group

Clothing expenses of The Group

Publicity, advertising and promotional costs for The Group

Musical equipment for The Group

Adequate insurance cover for each member of The Group

(c) “The Gross Receipts” shall be the total proceeds from the exportation of the performances, appearances, recordings, endorsements or the exploitation in any other form of The Group or any of its individual members at any time throughout The Territory directly or indirectly received by or credited to The Manager or any sub-agent after the deduction of any value added tax. (VAT 17.5%)

(d) “The Term of the Agreement” shall commence on the date of this agreement and shall continue until:…….January………….2005

(e) “The Territory” shall be all countries throughout the world.

(f) “The Guaranteed Fees” shall be the following sum to be paid by The Manager to each member of The Group on the last day of each calendar month:……………..

(g) “The Group’s Fees” shall be for each member of The Group the following percentage of The Gross Receipts after the deduction of The Authorised Expenses. The Manager’s Commission and The Guaranteed Fee in respect of:

Name:…………………………………………………………………………………………………………………….%

2. ENGAGEMENT OF THE MANAGER
(a) In consideration of The Manager’s Commissions The Manager agrees to provide his services to The Group for The Term of the Agreement throughout The Territory.

(b) In consideration of The Guaranteed Fees and The Group’s Fees The Group agrees to engage the services of The Manager and to provide its exclusive services to The Manager for The Term of the Agreement throughout The Territory.

(c) The Manager acknowledges that he is not acquiring any copyright in any material owned or controlled by The Group including any rights in any musical works, lyrics or arrangements whether in existence prior to this agreement or created during The Term of the Agreement.

3. OBLIGATIONS OF THE MANAGER
(a) The Manager shall provide his service to the best of his skill and ability and shall perform all services diligently to ensure that The Group is regularly engaged by third parties on the best possible terms.

(b) The Manager shall use his best endeavours to promote and publicise The Group in all forms of the media including television, radio, press and reviews, musical engagements, appearances, merchandising, and commercial recording.

(c) The Manager shall, as far as possible keep The Group informed on a regular basis as regard any negotiations with any third party and agrees that he shall consult with The Group prior to concluding any agreement.

(d) The Manager undertakes that he will not commit The Group or any of its individual members to a recording contract without the prior consent of each of the members of The Group.

(e) The Manager confirms that he has full authority to enter into and perform this agreement and that he is not bound by any previous agreements which adversely effects this agreement.

(f) The Manager undertakes that he shall not for The Term of the Agreement assign, transfer or charge any of the rights or obligations in this agreement to any third party without the prior written consent of each member of The Group.

(g) The Manager shall be responsible for accepting payment on behalf of The Group and undertakes to open a specific bank account for the deposit of The Gross Receipt and the payment of The Authorised Expenses under this agreement.

(h) The Manager undertakes to arrange adequate personal insurance cover for each member of The Group and their equipment for The Term of this Agreement and shall provide each member of The Group with a copy of the policy upon request.

(i) The Manager shall keep full and accurate books of account, records and contracts showing The Gross Receipts, The Authorised Expenses, The Manager’s Commission, The Guaranteed Fees and The Group’s Fees under this agreement.

(j) The Manager undertakes to pay The Guaranteed Fees to each member of The Group on the last day of each calendar month during The Term of this Agreement and acknowledges that these sums are not returnable and may only be offset against The Gross Receipts.

(k) The Manager agrees to pay The Group’s Fees to each member of The Group within 14 days of the last day of March, June, September and December in each year.

(l) Within 14 days of the last day of June and December in each year The Manger agrees to provide each member of The Group with a detailed report with a full breakdown of The Gross Receipts, The Authorised Expenses, The Manager’s Commission, The Guaranteed Fees and The Group’s Fees under this Agreement.

(m) The Manager agrees that each member of The Group shall be entitled to arrange for an annual audit to inspect and make copies of The Manager’s books of account, records, contracts and any other relevant material in order to verify the sums due to The Group under this agreement.

(n) The Manager acknowledges that any materials including equipment and clothing provided as part of The Authorised Expenses shall be the property of the member of The Group for whom it was originally purchased.

(o) The Manager acknowledges that the name of The Group and any good will and reputation created in respect of any trade mark, business name or logo shall remain the sole property of The Group and that The Manager shall not acquire any interest in the same.

3. OBLIGATIONS OF THE GROUP………………………………………