Whether
you’re an aspiring performer or a beginning music
management professional, music management contracts are
possibly the most important documents you’ll need in
your career. They set the ground rules for your working
relationship together, and there’s a reason why so
many industry veterans compare entering into a music
management agreement with getting married.
Music management contracts should stipulate:
•
How much commission the manager will receive.
• When the manager will be paid.
• What products or services are commissionable.
• What trusted third party will monitor the
band’s finances.
• How much money a manager can spend on a
client’s behalf before requiring approval.
Your
Prenuptial Agreement
Your music management contract also acts a little bit like
a prenuptial agreement. It establishes exactly what each
party intends to bring to the table. On paper, it may look
a little bit egotistical to state the number of albums a
band has sold and the number of fans on a mailing list.
However, music management contracts that include these
details protect both sides from disagreements later on.
It may sound a little cynical to prepare music management
contracts with the breakup of a band and a manager in mind.
However, most music management relationships eventually
end, and the best music management contracts operate with
that end in mind – no matter how optimistic you might
be about your own success.
Understanding
the Sunset Clause
Music management contracts should include an item known
within the business as a “sunset clause.”
Especially when working with beginning managers, this
clause recognizes that opportunities may arise for an
artist to start working with a more experienced music
manager, or that a band might decide to move in separate
directions.
The sunset clause specifies how much commission should be
paid to a manager after the dissolution of the music
management contract, in recognition of the work that the
manager performed to help their client move to the next
level. Typically, the sunset clause provides for a
“step-down” of commissions over the eighteen or
twenty-four months after a band splits with its manager.
For instance, the manager might receive:
•
15% in the first six months after the split
• 10% in the following six months
• 5% in the following six months
• 0% after eighteen months
Sunset clauses in music management contracts protect music
managers from clients that may jump from agency to agency.
At the same time, they let managers grow their agencies
organically, allowing flourishing clients to step up to
veteran managers when the time is right.
Visit
Your Attorney
As with all legal matters, you should consult with an
experienced entertainment attorney before entering into any
music management contracts. While you can find some
boilerplate music management contracts on the web and in
bookstores, no “fill in the blanks” document
will really meet your needs. Your music management
contracts should always be written to cover the specifics
of your situation.
If you want to start working together as band and client
before spending the few hundred dollars on an attorney
visit, you can sign a “deal memo” that outlines
the basics of your future music management contract, but
doesn’t commit you to a long term relationship until
you sign the official document.
Learn
more about music management contracts in the
free sample chapters of my book, Music
Management for the Rest of Us.
Joe Taylor Jr.
Editor, Spinme.com
Principal, Taylor Creative Management