So, You Have A Band Extras: Sample Band Agreement
Here is a sample band agreement that you can print out, or copy and paste into a word processing program and adjust as necessary to fit your group.
Band Partnership Agreement
Introduction
This Band Partnership Agreement is made between the following individuals (collectively referred to as “Band Partners”):
This agreement will be in effective as of the date of the final signature at the bottom of the document (“Effective Date”). The Band Partners agree as follows:
The Band Partnership:
The Band Partnership establishes themselves as a general partnership to be known as (Band Name) __________________________________________________________________________________
Under the laws of (State/Country/Region) ________________________________________________
For the purposes of musical and related entertainment activities. The Band Partnership will commence on the Effective Date and will continue until it is ended according to this Agreement. The principal place of business of the Band Partnership will be at (Address)
Band Partner Services:
In order to fulfil the Band Partnership purposes, each Band Partner will contribute musical entertainment services to the Band Partnership. Such contributions include, but are not limited to:
-serving as a recording artist with respect to sound recordings
-serving as a musical performer in all media and on the live state
-relating merchandising rights using logo, name, and other identifiers to the Band Partnership
Non-Band Partnership Activities
Each Band Partner is permitted to engage in one or more businesses, including other musical entertainment efforts, but only to the extent that such activities do not directly interfere with the business and obligations of the Band Partnership. Neither the Band Partnership nor any other Band Partner will have any right to any income by a Band Partner from any non-Band Partnership activities.
Name and Logo
The Band Partnership will do business under the name(s)
As an assumed name and as its trademark and service mark.
The Band Partnership also uses the following logo:
Domains and web addresses operated by the Band Partnership:
Warranties:
Each Band Partner warrants that he or she:
-is free to enter into this Agreement
-is under no restriction that will interfere with this Agreement
-has not done nor will do an act that may hurt the Band Partnership
-will not sell or transfer any interest in the Band Partnership without the prior written consent of the other Band Partners
-will refrain from activities that could prohibit him or her from performing
Each Band Partner indemnifies each other from all claims that may arise from any breach of these warranties.
Profits and Losses
The Band Partnership will share in all of the Net Profits, losses, rights, and obligations of the Band Partnership at agreed upon levels during each accounting year, assuming that the Band Partner is still under obligation of this Agreement.
“Net Profits” will mean all payments, (with the inclusion or exclusion of) publishing, licensing, and synchronization rights, that are paid to the Band Partnership or to any Band Partner as a result of Band Partnership activities, after deduction of Band Partnership expenses to include rent, travel, hospitality, accounting and legal fees, other reasonable expenses as agreed upon by Band Partnership).
The Net Profits will be distributed in cash to the Band Partners.
If a Band Partner is expelled or withdraws from Agreement, he or she retains earned songwriting and publishing rights for songs released prior to the partner leaving, but terminates rights to other forms of Band Partnership income.
Division of Publishing Revenue
Revenue from the Band Partnership Publishing Company, if such publishing company has been created, will be distributed as follows:
-Songwriting Revenue shall be split according to the songwriting split paperwork signed for each song upon its contract with a licensing/publishing company.
-Publishing Revenue shall be split equally among all members of the band. Only current band members shall receive publishing revenue. When a Band Partner leaves the Partnership, his or her share of songwriting revenue no longer includes publishing income but retains Songwriting Revenue as legally documented for each song.
Publishing Administration:
The Band Partnership or Band Partnership Publishing Company will have the worldwide, exclusive right to:
-administer and control to he copyright ownership to the Recorded Compositions
-designate all persons to administer the copurights to the Recorded Compositions
-enter into agreements to co-publish, sub-publish, or otherwise deal with the copyrights in the Recorded Compositions.
In the event that one of the Band Partners leaves the Band Partnership , the control of the jointly owned copyrights will vest exclusively in the remaining Band Partners for the term of this Band Partnership. The Leaving Member’s interest in the Band Partnership will extend only to those Recorded Compositions which were commercially released for sale during the Leaving Member’s period as a Band Partner. Any payments and accountings due Leaving Member will be made annually.
Meetings and Voting
Each Band Partner has the right to participate in the business of the Band Partnership. Meetings of the Band Partners can be called by any member of the Band Partnership on reasonable notice. Voting will occur as follows (here, check whether the decision is determined by a unanimous or majority vote):
Unanimous Majority
Expelling a Band Member
(unanimous except for party to be expelled):
Admission of a new Band Partner:
Entering Into Agreements that binds the Band
Partnership for more than one year:
Any expenditure in excess of $1000:
Incurring obligation to borrow or lend money:
Selling, leasing, or transferring Band Partnership
Property:
Entering into contracts that take less than one year
to compelte:
Amendment of this Agreement:
Dissolving the Band Partnership:
If one Band Partner is to have extra voting power or the ability to override decisions, state that member here:
Books of Account and Records:
The books of the Band Partnership and all other documents relating to the Band Partnership will be maintained at its principal place of business, or online at this address:
The fiscal year of the Band Partnership ends on December 31.
Distribution of Band Assets after Termination:
-Income and Debts: After termination of the Band Partnership, any income that is owed to the Band Partnership will be collected and used first to pay off Band Partnership debts (if any) within or outside of the Partnership, as they relate to the Partnership. Any remaining money will be distributed among the members in accordance with their voting power or ownership in the company.
-Band Property: Any property owned or controlled by the Band Partnership will be sold or evaluated and distributed in accordance to each member’s voting power or ownership in the company.
-Royalties and Future Income: If, at the time of termination, the Band is entitled to royalties or owns property that is generating income or royalties, the Band Partnership will vote to either establish an administrative trust or designate an individual such as an accountant to collect and distribute the royalties on an ongoing basis to the Band Partners according to their respective interests.
Addition of a new Band Partner
Each new Band Partner must agree to be bound by all of the provisions in this Agreement. A new Band Partner has no rights to Band Partnership property or assets existing at the time of admission or in any of the proceeds derived from Existing Property (assets existing at the time of admission).
Leaving Members:
A Band Partner may leave the Partnership voluntarily. A Band Partner who resigns must give 60 days prior notice. A leaving member is entitled to their share of assets, royalties, or incomes generated during their time in the Band Partnership as described in this Agreement.
Band Partnership Bank Account
A bank account may be opened by the Band Partners. This account will be used for business pertaining to the Band Partnership.
Mediation, Arbitration:
If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute among themselves. If this cannot happen, a mutually agreed upon mediator will assist in resolving the dispute, to include a lawyer if necessary. Any costs and fees other than attorney fees will be shared equally by all parties. If it is impossible to arrive at a mutually satisfactory solution within a reasonable time, the parties agree to submit the dispute to binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
Any decision or award as a result of any arbitration proceeding will include the assessment of costs, expenses, and reasonable attorney’s fees and a written decision by the arbitrators.
MY SIGNATURE BELOW INDICATES THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND HAVE BEEN ADVISSED OF MY RIGHT TO SEEK INDEPENDENT LEGAL REPRESENTATION REGARDING THIS AGREEMENT:
