This Agreement, made this day of , , between, YOUR COMPANY NAME, a California (Your State) corporation, [hereinafter "YCN"], whose principal place of business and post office address is 5555 Wilshire Blvd, Beverly Hills, California 90212,and MANAGEMENT COMPANY NAME, a Hawaii (Management Company’s State) company (LLC, LLP, Corp. ect.), whose principal place of business and post office address is 2500 Kalakaua Av., Honolulu, Hawaii 96815 [hereinafter “MCN”].
W I T N E S S E T H :
WHEREAS, YCN is the Exclusive Agent for the musical group BAND’S NAME [hereinafter referred to as “Artist”], for recording, merchandising, live performances, public appearances, and other marketable media; and
WHEREAS, MCN and specifically its managing member, MANAGER NAME, are familiar with the services provided by YCN to Artist; and
WHEREAS, YCN desires to engage MCN, including specifically, MANAGER NAME, to assist YCN in providing its services to Artist; and
WHEREAS, MCN desires to enter into this Agreement and perform said assistance;
NOW, THEREFORE, in consideration of the conditions and covenants contained herein, the Parties agree as follows:
1. STATUS OF MCN.
This Agreement shall not be considered or construed to be a partnership, joint venture or other agency relationship, and YCN shall not be liable for any obligations incurred by MCN unless specifically authorized in writing. MCN shall not act as an agent of YCN, nor bind YCN in any manner.
2. COMPLIANCE WITH LAW.
MCN warrants that it will comply with all Federal, State, and local laws regarding business permits, licensing (including professional), reporting requirements, tax withholding requirements, and other legal requirements of any kind that may be required to provide the services contemplated by this Agreement.
3. SCOPE OF WORK.
MCN shall perform all tasks as may be requested by YCN to fulfill its management duties to Artist. These duties are to be performed in conjunction with or in the absence of YCN employees or officers, and shall include but not be limited to accompanying Artist and the coordination of all logistics for Artist travel and performances outside the island of Oahu, State of Hawaii.
4. ( BAND MANAGER'S) NAME DUTIES.
MCN EXPRESSLY WARRANTS that (Band manager's name), shall personally supervise or be otherwise personally involved in all actions undertaken by MCN pursuant to this Agreement.
5. COMPENSATION
MCN shall be entitled to thirteen percent (13%) of the gross proceeds paid to YCN for all live performances by Artist in which MCN is required to provide the services contemplated by this Agreement. In addition, MCN shall be entitled to four percent (4%) of the gross proceeds realized by YCN from the sale of merchandise generated at said live performances.
6. NOTICE CONCERNING WITHHOLDING OF TAXES.
MCN recognizes and understands that it will receive an IRS 1099 statement and related tax statements, and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. MCN shall indemnify YCN for any damages or expenses, including attorney's fees, and legal expenses, incurred by YCN as a result of MCN's failure to make such required payments.
