How to Write Contracts Between Bands and Booking Agents

Part 1 of 4:
Setting Forth the Duties of the Artist and the Booking Agent

  1. 1
    Set forth the parties to the contract. The contract’s first paragraph should set forth the names of the people entering into the booking agent agreement. If you are a solo artist, this would include your name and the name of the booking agent or his or her business.
    • If you are in a band that has an equal share of profits, you should include all of the band members’ names.
    • Identify each musician by name and their role, i.e. artist and identify the booking agent by name and “booking agent”.
    • At the top of the document, you should type “BOOKING AGENT AGREEMENT” in bold and center the words on the page.
    • The first sentence should set forth the date that the parties entered into the agreement.
    • For example, the sentence could read: This booking agent agreement was entered into on this [insert day of the month] day of [insert month] in the year [insert year].
    • The next sentence should identify the parties. For example, you could write. This agreement was entered into between [insert name of artist and address], hereinafter referred to as “Artist” and [insert name of booking agent and address], hereinafter referred to as “Agent.”[1]
  2. 2
    Draft the scope of the agreement. The scope of the agreement, sometimes referred to as the scope of work, details the work that each party will perform under the contract. Generally, a booking agent will want the exclusive right to represent you in the scheduling of venues. An artist can choose to limit a booking agent’s rights by choosing the types of venues that the agent can book or limiting the agent to a certain geographic region.
    • This paragraph should be numbered “1” and in bold text should start with the words “Scope of Work.”
    • The next sentence should state that the artist is employing the agent and that the agent accepts the employment.
    • The last sentence of this paragraph should outline in what capacity the agent can represent the artist.
    • For example, the sentence could read: The Artist employs the Agent to book live performances in venues seating more than 100 people throughout the continental United States.[2]
  3. 3
    Establish the artist’s genre of music. The second paragraph should describe the type of music that the artist plays and any musical forms that the artist refuses to play. You can also specify whether there are certain types of performances you will and will not give. For example, you can specify that you will not play at weddings. This paragraph should also include any limits on travel. For example, you may want to specify that you will only travel a certain amount of miles between back to back shows.[3]
    • This paragraph should be numbered “2” followed by the words “General Terms” in bold.
    • The next sentence should include any specific requirements or restrictions that you want to include.
  4. 4
    Describe the agent’s duties. The contract must specifically state the responsibilities of the agent. These responsibilities can include scheduling a certain amount of performances, negotiating offers, and networking to create opportunities for the artist. This section of the contract is important because it outlines the type of work the agent will perform in order to be paid by the artist.
    • This paragraph should be numbered “3” followed by the words “Duties of Agent” in bold.
    • The next sentence should state: Agent hereby agrees to [insert the duties that the agent will perform].
    • The next sentence should state that the agent agrees to maintain an office, and staff if necessary to complete the duties in the contract.
    • If the artist wants to approve all bookings before they are finalized, the artist must include a sentence specifying this right.
    • For example, the sentence could state: The artist requires final approval on the booking of all shows and will not withhold approval unreasonably if the show fits within the scope of this contract.
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    Set forth the agent’s rights. Just as the artist had an opportunity to specify the scope of work the artist is willing to perform, the agent will also want to negotiate his or her rights in the contract. An agent may demand to be your exclusive agent, at least in a certain geographic region. An agent may also want to the right to work with other artists.
    • This paragraph should be numbered “4” followed by the words “Rights of Agent” in bold.
    • The first sentence could include a sentence about the right to work with other artists. For example, the sentence could state: Agent reserves the right to work with other musicians and render booking services for them.
    • You could include a sentence that the artist must reply promptly to the agent’s communications about booking venues. For example, the contract could state: As Artist has the right to approve the booking of shows by the Agent, Artist must reply to the Agent promptly when presented with a booking opportunity.[4]

Part 2 of 4:
Drafting the Compensation and Expenses Sections

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    Consider the scope of earnings on which to pay commission. Booking agents are generally paid a commission for the work that they perform. This commission is based on how much an artist earns. An artist wants to try to limit the scope of the earnings on which the booking agent is entitled to a commission. For example, an artist may specify that the booking agent is entitled to a commission on earnings derived from fees to play a certain venue and any earnings they artist makes from cover charges on people entering the venue.
    • The artist can specify that the agent is not entitled to income from records, song writing, or publishing.[5]
  2. 2
    Specify the commission percentage. The booking agent contract must specify the percentage of commission that an agent is to be paid and to which earnings the commission will be limited. An artist should also state that the commission is based on “gross earnings,” and define what gross earnings means within the scope of the contract.[6]
    • This paragraph should be numbered “5” followed by the words “Agent’s Compensation” in bold.
    • The first sentence should state the percentage amount that the agent will be compensated based on specific earnings.
    • Generally, booking agents are paid a 10% commission.[7]
    • An example of a commission sentence is: In consideration of the services performed by Agent, Artist agrees to pay a commission of 10% of the gross earnings received for shows booked by the Agent. For purposes of Agent’s compensation, “gross earnings” includes all earnings related to fees paid for performing at a venue as well as earnings related to cover charges received by the Artist and less expenses and costs incurred by the Artist related to collecting the earnings for a show. Gross earnings do not include any earnings related to the sale of records, song writing, or publishing.
    • The agreement should also specify when and how the agent will be paid. For example, an agent may want to be paid in cash or by check within 24 hours of the artist receiving payment from the venue.[8]
  3. 3
    Specify how the agent will be reimbursed for expenses. Another point of negotiation in the contract is whether the agent will be reimbursed for expenses. Some agents may agree to cover the expenses related to booking venues for the artist, including copying contracts or the cost of mailing. Other agents may try negotiate that the artist pays part of the expenses that the agent incurs on his or her behalf. An artist should only agree to pay for expenses out of future earnings and not directly from his or her pocket.
    • This paragraph should be numbered “6” followed by the words “Expenses” in bold.
    • The paragraph should explicitly state whether the artist agrees to pay a percentage of expenses.
    • The artist may want to negotiate that he or she only pays for “excessive” or “unusual” expenses, not those that are necessary for normal business.[9]

Part 3 of 4:
Outlining the Agent’s Authority to Act and the Representations of the Parties

  1. 1
    Detail the agent’s authority. It is important for all parties to the contract that you clearly set forth the agent’s authority. An agent may be given authority to sign certain types of agreements, publicize shows, approve publicity or even receive the artist’s payment from a venue. If you are entering into a new relationship with an agent, it may be in the artist’s best interest to limit the ability of the agent to enter into contracts on his or her behalf. By maintaining approval of contracts, an artist can get a better sense of the types of shows the agent can book and build trust between the parties.[10]
    • This paragraph should be numbered “7” followed by the words “Powers” or “Authority” in bold.
  2. 2
    Establish the agreement’s duration. When entering into a new agreement with an agent or artist, the parties should specify how long the contract will be in effect. This gives the parties a clear sense of how long their responsibilities will last as well as an “out” should the relationship not be as beneficial as hoped. You should also include a provision that allows the parties to terminate the contract.
    • This paragraph should be numbered “8” followed by the words “Duration and Term” in bold.
    • The first sentence could read: This Agreement will be in effect from [insert the date that the agreement was entered into] until [insert the specific day the contract will end or the number of months or years that the contract will be in effect].
    • The second sentence could read: Either party can terminate this contract 30 days after giving written notice of termination to all parties. Termination can be mutual or may be based on one of the following reasons: [insert specific reasons that the parties can terminate].[11]
    • When choosing reasons to terminate a contract, think about why an agent or an artist may want to end a relationship. For example, parties may want to terminate the relationship if an artist repeatedly fails to show up for performances or an agent only books one or two shows and seems more concerned with his or her other artists.
  3. 3
    Establish the factors giving rise to a breach of the contract. If a party fails to live up to his or her obligations under the contract, this is considered a breach of the contract. Typically, if a party has been damaged by a breach of contact that party can seek legal remedies. An example of remedies may include the payment of costs or losses that the non-breaching party actually suffered as well as any special damages, such as a loss of reputation because of the breach.[12]
    • When drafting a breach of contract provision, you should give the breaching party the opportunity to correct the problem before seeking damages or seeking other legal remedies.[13]
    • This paragraph should be numbered “10” followed by the words “Breach and Cure” in bold.
    • This section could state: A party cannot be considered in breach of this contract until given written notice of the breach and presented with thirty days (30) to cure any breach.
    • The notice should be written and sent to the breaching party via U.S. Mail, return receipt requested.[14]

Part 4 of 4:
Finalizing the Booking Agent Contract

  1. 1
    Format the document. A booking agent agreement should be typed and each paragraph should be numbered chronologically. You should type the document in a traditional font such as Times New Roman. The last lines of the contract should include a signature line for each party, followed by the party’s name, role (i.e. Artist or Agent), and each party’s address.
  2. 2
    Have each party review the document. Once the parties agree to all of the provisions, it is important that each party has the opportunity to review the document. Whoever drafted the agreement should present printed copies to the other party. Any agreed upon revisions should be included in a new document that should be printed for the parties to sign.
  3. 3
    Sign and date the agreement. All parties must sign and date the agreement. The parties’ signatures are required to make the document legally binding.
    • Original versions of the contract should be presented for each party to sign so that all parties have a contract with original signatures.

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      • Most artist unions have pre-printed form agency agreements that artists can look at or use for creating a booking agent agreement.[15]
      • Before you sign any contract, you should consider having an attorney review it to make sure that your interests are protected.

      About this article

      Doctor of Law, University of Wisconsin-Madison
      5 votes - 100%
      Updated: March 29, 2019
      Views: 4,191
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