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Musician's
Contract

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Prepared for:
[Musician Name]

Prepared by:
[Music Agency Name]

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Musician's Contract

This Musician's Contract (hereinafter referred to as "Contract") is made and entered on [Effective Date] 
(hereinafter referred to as "Effective Date")

By and Between

[Musician Name] (hereinafter referred to as the "Musician"), having its principal place of business at [Address], and;

[Music Agency Name] (hereinafter referred to as the "Agency"), having its principal place of business at [Address].

Both the Musician and the Agency shall be collectively referred to as "Parties" and individually as "Party".

WHEREAS the Musician is a recording artist known by the stage name, [Stage Name];

AND WHEREAS the Agency produces and markets recordings of professional music artists;

AND WHEREAS the Musician wants the Agency to produce, market, and distribute its recordings (hereinafter referred to as the "Recordings");

AND WHEREAS the Agency agrees to produce, distribute, and market the recordings of the Musician's performance.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties hereby agree as follows:

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Terms and Conditions

1. Term

The term of this Contract shall be for the release of the Recordings consisting of [number of songs] songs (hereinafter referred to as the "Music" or "Songs"), written and performed by the Musician, and it shall continue for a time period of [Time Period], after the delivery of the Recordings to allow the Agency to market, distribute, and sell the songs.

2. Exclusivity and Recording

During the term of this Contract the Musician shall perform:
As a recording artist exclusively for the Agency and shall not record songs for any other company. 
At the Agency's recording studio or any other place designated by the Agency.
[Add other exclusive terms.]

3. Grant of Rights

The Musician grants the following rights to the Agency:
The right to use and publish Musician's name and photographs for marketing purposes in connection with the Recordings made under this Contract.
The right to perform the Recordings publicly.
[Add other rights]

4. Copyrights

The Company shall secure the full copyrights and ownership to the Recordings resulting from this Contract.

5. Royalties

The Agency shall collaborate with a record distribution company in order to sell and distribute the Recordings. The Agency shall collect royalties with respect to the distribution of the Recordings (hereinafter referred to as the "Royalties"). The Agency shall use the Royalties to compensate the costs incurred by the Agency to produce, market, or distribute the Recordings. From the remaining Royalties, the Agency shall pay the Musician for the rights granted herein and the services provided by the Musician a royalty of [0.00]%. 

The Royalty to the Musician by the Agency shall be paid [monthly/quarterly/semi-annually/annually] and it shall be paid via [cash/cheque/credit card].

6. Representations and Warranties of the Musician

The Musician represents and warrants that:
It has all the rights, power, and authority to enter into this Contract.
No song performed by the Musician will violate any law, or infringe upon the rights of any third party.
It is under no obligation, restriction, or prohibition to execute this Agreement.

7. Relationship of Parties

Nothing contained in this Contract shall be taken to establish any partnership, joint venture, or employment relationship. It is understood and agreed that the Musician is an independent contractor.

8. Indemnification

The Musician agrees to indemnify and hold the Agency harmless from, any and all claims, liabilities, causes of action, damages, expenses, costs of defenses (including reasonable attorney's fees and court costs).

9. Confidentiality

All confidential information that is communicated to or obtained by either of the Parties in connection with the above-mentioned services, shall be held by them in full faith. At no time shall the Parties use any such confidential information obtained through this association, either directly or indirectly, for personal benefit, or disclose or communicate such information to any third-party. This provision shall continue to be effective after the termination of this Contract.

10. Termination

Either Party may terminate this Contract if any Party fails to perform any of its obligations under this Contract or if a breach of any the warranties provided herein, and if such failure is not cured within [number of days] days (unless extended by the Party) after written notice to the Party at fault, the Parties shall be entitled to seek and obtain all remedies available to it in law.

11. Arbitration

In the event of any dispute arising in and out of this Contract between the Parties, it shall be resolved by Arbitration. There shall be [Number of Arbitrators] Arbitrators which shall be appointed by [Party Name]. The venue of Arbitration shall be [Venue/Location of Arbitration] and the seat shall be [State]. The Arbitrators' decision shall be final and will be binding on both the Parties.

12. Miscellaneous

Severability: In the event, any provision of this Contract is deemed to be invalid or unenforceable, in whole or part, that part shall be severed from the remainder of this Contract, and all other provisions shall remain in full force and effect as valid and enforceable.
Assignment: Neither of the Parties shall have the authority to transfer, charge, or dispose of any rights or liabilities under this Contract.
Force Majeure: Neither of the Parties shall be liable for any failure in performance of any obligation under this Contract due to causes beyond that Party's reasonable control (including and not limited to any pandemic, fire, strike, act, or order of public authority and other acts of God) during the pendency of such event.
Modification: No modification of this Contract shall be made unless in writing signed by both Parties.
Governing Law: This Contract shall be governed in all respects by, and be construed in accordance with, the laws of State of [State].
Notices: Any notices required or permitted by this Contract shall be in writing and delivered by certified mail or courier to the above-mentioned address.
Entire Contract: The Entire Contract herein set forth by the Parties hereto is binding upon both the Parties.

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Acceptance and Signature

IN WITNESS THEREOF, the Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:

[Musician's Name]

[Music Agency Name]

Signature

Assign signer 1

Name

Assign signer 1

Date

Assign signer 1

Signature

Assign signer 2

Name

Assign signer 2

Date

Assign signer 2

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THANK YOU

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DISCLAIMER: Revvsales, Inc is not a law firm. The content provided herein is for general information purposes only, and does not constitute legal advice. Revvsales, Inc and its partners make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information mentioned hereunder. The use or reliance of any information contained herein is for your personal use and solely at your own risk. You agree to fully release and indemnify Revvsales, Inc from any liability associated with the use of this content. You are advised to obtain independent legal advice before taking or refraining from any action on the basis of the content provided here.

Free Musician's Contract Template

Are you a Musician seeking a ready-to-use contract for your next gig? Use Revv’s customizable template to seal the deal with your clients.

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What is a musician's contract?

A musician’s contract (also called an artist management contract) is a legal document signed between a musician (or a band) and a music agency. It usually details copyright issues, booking expectations, payment terms, royalties, and other details relevant to the music industry. This document is usually signed between the musician or the band and the agent and the record company.

All you should know about a musician’s contract

At times, however, the complexity of drafting a contract keeps the musicians from using one. Without a written contract in place, a musician and a music agency can face difficult situations, such as the music agency might deny paying the royalty rate or the musicians might deny delivering the agreed number of records.

How does a musician’s contract work?

The music industry has changed following the platforms available for streaming. Today, music is easily accessible via the internet, social media platforms such as YouTube, or even dedicated music streaming services like Spotify. The more the number of channels, the more opportunity for songwriters and musicians to showcase their talent.

But right from the start of writing down the lyrics to that of the production house, there are a lot of agreements and contracts that are signed between the musicians or bands and agencies. These agreements and contracts help safeguard musicians and bands from piracy, provide royalties and disclaimers, define intellectual property rights, sets compliance with the existing entertainment laws of the state, etc.

A musician's contract usually provides details about the agency that will invest in the artist or the band. It also has details about the band's contribution like the agreed number of songs or tracks. The contract also states how the agency will take care of album making, distribution, and marketing and the investment that will be compensated once the records hit the market.

For instance, one of the biggest music contracts was signed in 2001 between Whitney Houston and Bertelsmann Music Group (BMG). BMG invested approximately $100 million for six albums and two hit compilations, which ultimately resulted in success, and BMG made more than $200 million and Whitney Houston became a household name!

Till now, most musicians and music agencies would use google docs to draft these contracts. With Revv, you can easily customize and edit a musician's contract according to your requirements.

Important contracts in the music industry

In the music industry, there is a wide range of music contracts available that a musician and a music agency should be aware of. Below are a few major ones:

Project/ band contract: If a musician doesn’t want to go as a soloist, then he/ she can join a band or be a session musician and can sign a band contract. This contract will include information about the distribution of income, band name rights, songwriting rights, withdrawal of band members, voting rights, and possession of the equipment.

Record deal: An artist can transfer the ownership of their tracks to any record or music label under the record deal. Usually, the artist gets advance or royalty payments for the transfer of ownership. The record label takes care of productions, volume, duration, and sub-license rights.

Distribution contracts: In this contract, a musician or a record label can give a company (or distributors) the rights to distribute the album or tracks for a specific period. A distribution contract has information about the distribution area, albums covered under the contract, protective rights, release details, cost, and payments for either party signing the contract.

Publishers contract: A songwriter or an artist can transfer the ownership or give partial ownership to the music publisher. It can also be called an exclusive author contract, for which the publishers pay an advance to the artist. This contract outlines the publisher’s roles, duties, and synchronization rights.

Producer and remix contracts: It is usually signed between a producer and an artist, although sometimes they can be between the record label and the producer. By signing this contract, the producer may also get the master recording(or original recordings) and remix rights of the tracks. This contract majorly includes the possible royalty shares, transfer of rights, and adaptations.

Live performance contract: During any concerts or gigs, where an artist or a band needs to perform on the stage, then a contract is signed between the promoter of the concert and the band. The contract includes details about the location, payment, duties of the artist, and the promoter. It can also be known as a performance contract, band performance contract, or music performance contract.

Entertainment contract: An entertainment contract can be exchanged between the event host and the musician/band who will be performing at the event. These contracts for live gigs provide details of the size of the act booked, the location and length of the performance, technical requirements, costs, transport arrangements, logistics, cancellation agreements, related fees, insurance, etc.

What are the key terms of a musician’s contract template?

It is always better to understand the terms of a contract before signing it. Below are some key terms and conditions that a standard musician contract should have:

Duration: This explains the duration of the contract over which the deal lasts. It is collectively decided by the musician and the music agency. It can also include details about the number of tracks to be delivered within the stipulated time frame.
Exclusivity: Usually, the music agency or record labels add this clause, to restrict the engagement of the musician with other record labels during the term of the contract. This is included so that the artists can concentrate to get the best results.
Grant of rights: The grant of rights clause enables the licensee to use the copyrighted work. For instance, an artist can have exclusive rights to perform the copyrighted work and the distributor also has the right to promote it.
Termination rights: This section outlines the termination (or cancellation) rights of the artist and the agency. It addresses under what circumstances the artist or the agency can terminate the contract.
Royalty rate: When the artist transfers the track or album rights to a music agency, then they are paid a certain amount known as a royalty. This section in the contract speaks in detail about the royalties and how they will be paid. Alternatively, you can also use a royalty contract to help protect the beautiful creations of the artist.

Why are contracts important in the music industry?

Copyright infringement is a major issue in the music business. Without a license, it can be difficult to protect one’s original compositions and without a contract, it can be difficult to reach the market. Below are some benefits of signing a contract:

A contract protects the artist’s or the band’s name, logo, and composition with trademarks
If it is a band, then a contract streamlines the roles, responsibilities, and duties of the band members
It enables a smooth business relationship with the music agency or the record label
There will be no stress of marketing, sales, and distribution as under the contract all of these will be taken care of by the music agency or record label