This personal management agreement is between
The Talent is engaged in
The Manager is engaged in the business of providing personal management services to talent in the
The Talent wishes to engage the Manager to advise the Talent, and direct and manage the development of the Talent's career.
The parties therefore agree as follows:
1. ENGAGEMENT; SERVICES.
2. TERM AND TERMINATION
3. COMPENSATION.
4. REIMBURSEMENT; ADVANCES.
6. DISCLAIMER.
The Manager is not licensed as a theatrical, artist's, employment, booking, or talent
9. GOVERNING LAW.
10. AMENDMENTS.
No amendment to this agreement will be effective unless it is in writing and signed by both parties or its authorized representative.
11. ASSIGNMENT AND DELEGATION.
12. COUNTERPARTS; ELECTRONIC SIGNATURES.
13. SEVERABILITY.
If any one or more of the provisions contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this agreement to be unreasonable.
14. NOTICES.
15. WAIVER.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.
16. ENTIRE AGREEMENT.
This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.
17. HEADINGS.
The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement's construction or interpretation.
18. EFFECTIVENESS.
This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this agreement.
19. NECESSARY ACTS; FURTHER ASSURANCES.
Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.
[SIGNATURE PAGE FOLLOWS]
Each party is signing this agreement on the date stated opposite that party's signature.
Date: _____________________________ | By: _________________________________________________________ Name: |
Date: _____________________________ | By: _________________________________________________________ Name: |
How-to guides, articles, and any other content appearing on this page are for informational purposes only, do not constitute legal advice, and are no substitute for the advice of an attorney.
A professional entertainer needs a personal manager to handle their day-to-day business affairs, freeing up the entertainer’s time to focus on their work. Managers guide, supervise, and develop their clients’ careers. The actual services provided vary from client to client but often include things like:
Generally, personal managers work on a commission basis, and the rate depends on the services they provide.
A detailed agreement is essential because the scope of services provided under a management arrangement is inherently personal. The agreement should spell out each party’s duties and expectations.
Conducting a background and reference check before hiring a personal manager is always a good practice. This helps zero in on a manager who is efficient and effective in their job. Also, since some talents give full access to their payments, having a trustworthy manager to manage your wealth is important.
When the manager provides the agreement document, as the talent, you should consider the following points while reviewing the document:
If certain terms and conditions aren’t met, discuss them with the manager and ensure they're included in the final agreement. You may want to include provisions addressing:
If your agreement is long-term, reviewing state and federal laws applicable to personal service agreements may be a good idea.
According to this section, the personal manager can’t procure employment for the artist. Unlike agents, this isn't a permissible activity for a manager. For example, if a manager handles an actor, the manager can’t go to a producer or director asking for a role in their project. You must ensure that the services the manager provides don’t fall under any state labor, business, and professions code, talent act, or union regulation.
Before putting the agreement in writing, clarify the terms and conditions of your agreement. Once drafted, allow each party to spend time reviewing the agreement. They must ensure that the agreed-upon terms are included.
Once this is done, the parties must sign two copies of the agreement. One is given to the talent, and the personal manager retains the other.
Depending on the nature of its terms, you may decide to have your agreement witnessed or notarized. This will limit later challenges to the validity of a party’s signature.
If you think your personal management agreement is complicated, contact an attorney to help you draft a document that'll meet your specific needs.
The following instructions will help you understand the terms of your agreement.
A personal management agreement starts by identifying the parties involved and, if applicable, the type of organization(s) they are (e.g., individual, corporation, partnership, etc.).
The party that manages the talent is called the “manager” or “personal manager,” and the party that'll be managed is called the “talent” or the artist.
In this part, you must also provide the date on which the agreement is signed.
The “whereas” clauses, referred to as recitals, define the world of the management contract and offer key background information about the parties. As a whole, the recitals state the parties' intent and ability to enter into the personal management arrangement. Here, you also have to provide a brief description of what the artist does. An artist’s professional career can be:
This section explains why the parties are entering the management contract. Essentially, it confirms the parties’ agreement that the personal manager will manage the artist’s career. Provide more specific details about the services the manager performs, including requirements about services, deadlines, and compensation. Some of them could be:
Here, the parties promise that the talent will pay for the services performed by the personal manager.
It explains that the agreement will last for a defined period. Sometimes, the parties agree to renew the agreement automatically for a certain time period. In case the parties wish to cancel the arrangement, they must provide advance notice.
This section states that certain actions or events will cause the agreement to end out of time (i.e., before the services have been completed). Some possibilities can include:
This part lists each party’s responsibilities under the agreement.
This clause typically outlines the assurances and guarantees made by the artist and the personal manager. This section ensures that both parties provide accurate information regarding their roles, responsibilities, and capabilities. It often includes statements regarding the client's intellectual property ownership, their authority to enter into the agreement, and their commitment to fulfill contractual obligations. Similarly, the personal manager may represent their experience, expertise, and ability to provide the agreed-upon services effectively.
This part allows the manager to act on the talent’s behalf with a power of attorney. This will help the manager perform some of the services like signing documents, endorsing checks, or approving the use of the talent’s name, image, and likeness.
This section reiterates that the personal manager isn't an employee, partner, or agent of the artist. This distinction is important for many reasons, including those relating to insurance coverage, legal liability, and taxes.
This part explains that the personal manager isn't a talent, employer, or agent for the talent and can’t obtain employment for the talent. This is an essential provision. Personal managers are usually not licensed or regulated, like agents who can provide services for the talent. The services rendered by agents include finding the right projects for the talent, doing all the negotiation work, and landing the talent on the right jobs.
This section lets the personal manager take on other clients and provide the same or similar services during an existing contract. In other words, the talent won’t be the only person the personal manager will represent or offer exclusive services to. It also allows the personal manager to delegate some tasks to staff members as long as the manager manages the talent.
This provision allocates responsibilities between the personal manager and the talent if problems arise in the future and protects each party from the consequences of the other party’s actions.
It states that changes to the personal management contract are only effective if they're made in writing.
This clause explains that neither party may assign their obligations and interests under the agreement without the other party’s consent.
This means that the parties' rights and obligations will be passed on to organizations to which rights and responsibilities have been permissibly assigned. For example, if a personal management or artist management company gets acquired by another company, all the rights and duties of the existing contracts will be handed over to the new company.
This segment explains that if either party allows the other to ignore or break an obligation under the agreement, it doesn’t mean that the party waives any future rights or obligations as stated in the personal management contract.
It isn't possible to personally present official or legal documents to personal managers and talents wherever they are. However, their legal counsel or attorney can send important documents via mail. In this section, the parties must provide their registered or certified mail address.
This part allows the parties to choose the state laws that will be used to interpret the document.
If the personal manager and the talent happen to be in different locations, this provision allows them to sign the agreement with the help of electronic signatures.
This clause protects the terms of the agreement as a whole, even if one part is later invalidated. For example, if a state law is passed prohibiting choice-of-law clauses, it won't undo the entire document. Instead, only the section dealing with the choice of law would be invalidated, leaving the remainder of the agreement enforceable.
According to this section, the personal manager and the artist agree to sign the document according to the terms and conditions they discussed and confirmed.
This section clarifies that the headings given in each sub-section are just to organize the agreement. The agreement shouldn’t be interpreted based on the headings.
A personal management agreement template given on this page can provide a good starting point for creating a personal management contract that works for your arrangement. With LegalZoom, you’ll get a personal management agreement template that is simple and straightforward to use. Fill out the form by answering the guided questionnaire, and download the document at an affordable price.
If you’re looking for other personal and business agreement templates, LegalZoom has them covered for you. From your independent contractor agreement to work-made-for-hire and consulting services agreement, the templates store caters to both personal and business requirements.
Personal managers often wear many hats to guide and supervise their clients’ careers. This may include giving business advice, introducing them to other industry professionals, organizing meetings, handling publicity, and assisting with finances, negotiations, and personal matters.
Because managers aren’t licensed or regulated and can’t legally obtain work opportunities for clients, it is essential to have an agreement in writing. It helps to understand the management duties and relationship and the commissions the personal manager will be paid. A personal management agreement should be used to define the relationship of a personal manager clearly so both parties know what to expect.
Here's the information you'll need to complete your personal management agreement: