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University of San Jose-Recoletos

Magallanes St., 6000, Cebu City


College of Commerce

Artist-Agent Contract
Amended Contract

Submitted by:
Albaracin, Jessica Rose
Davide, Kay Elise
Hermosa, Rose Marie

Amended by:
Alivo, Jackson Anthony
Aying, John Fresler
Lavilla, Christian Jade

BSA 1 – BLOCK 8

Submitted to:
Atty. Ma. Cassandra Teves

Date Submitted:
September 24, 2018
GENERAL INFORMATION

This Artist-Agent Agreement is between an artist and an agent who will market the
artist's works or promote the artist individually. Agent acts as channel so as to let the Artist focus
on his/her skills, performances, and quality of the work instead of struggling with the business,
finance and legal affairs and letting an expert provide the proper services.
This agreement sets out the specifics of the arrangement including the artist's specific
field (i.e., actor or music artist), effective date of the agreement and commission the agent will
receive. It also sets out how agent will be paid and reasons for termination of the agreement. It
is beneficial to both parties that the agreement be clearly spelled out in writing. This agreement
will prove invaluable in the event of disagreements, misunderstandings or litigation between the
artist and the agent.
This Artist-Agent Agreement is drawn such that the agent is responsible for reaching out
to the appropriate lines of distributors and sponsors for the Artist, be accountable for the monies
and finances of the artist and the protection of artist’s work. The relationship between the Artist
and the Agent is not only contractual but of Agent’s belief in the work quality and dedication of
the artist and the Artist’s trust in the management skills and intentions of the Agent.

INSTRUCTIONS AND CHECKLIST

 The parties should read the document carefully.


 Insert all requested information in the spaces provided on the form.
 Read the "Obligations and Rights of Agent and Artist" provisions carefully. If the stated
obligations/rights are ambiguous, describe fully and set forth examples to remove as
much ambiguity as possible.
 Read the "Commission and Termination” provisions carefully. If there are disagreements,
they will likely focus on this provision.
 This agreement must be signed by both the artist and the agent.
 The parties should retain either an original or copy of the signed agreement.
 All legal documents should be kept in a safe location such as a fireproof safe or safe
deposit box.

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ARTIST-AGENT CONTRACT

This contract is made and executed on this the 8TH (Date) Day of AUGUST (Month),
2018 (Year) by and between:
PARTIES:
1. ROSE MARIE N. HERMOSA an individual, residing at UBCA 3 , BASAK
PARDO, CEBU CITY, 6000 PHILIPPINES which is referred to as "Artist" in the field of
MUSIC.
AND
2. KED ENTERTAINMENT CO., a company registered in accordance with the laws of The
Constitution of the Republic of the Philippines having its registered office at SKYRISE 4
- 18th FLOOR, WEST GEONZON, CEBU IT PARK represented by JESSICA ROSE
ALBARACIN (hereinafter referred to as the Agent).
RECITALS:
A. WHEREAS, the Artist is a person who is/has proven his/her talents in the field of
___Music .
B. WHEREAS, the Artist desires to hire the services, guidance and advancement of his /
her career by an Agent.
C. WHEREAS, the Agent is involved in the business or marketing and promotion.
D. WHEREAS, the Agent is competent of representing the Artist effectively.
E. WHEREAS, the Agent has offered its services to the Artist and Artist has expressed
his/ her acceptance of this offer;
F. WHEREAS, based on the same, this agreement is entered into between the Agent and
the Artist.

NOW THEREFORE, in consideration of the mutual promises contained herein, parties agree as
follows:

I. EFFECTIVE DATE & TERM OF THIS AGREEMENT

1) The effective date of this Agreement shall be 8TH of AUGUST, 2018 and all rights and
obligations of the parties shall be effective as of that date.
2) This Agreement is valid and shall remain in full force and effect for a term of 7
YEARS (Days/Months/Years) starting from the effective date till 8TH OF AUGUST,
2025, unless subject to termination under the conditions stipulated herein.

II. OBLIGATIONS OF THE AGENT

a. The Agent shall put in the best of his efforts, time and energy in representing and
securing the best deals for the Artist and to finish the business already begun on
the death of the artist, should delay entail any danger;
b. The Agent must be available at reasonable time and places to confer with the Artist in
connection with all matters concerning the Artist’s professional career, business
interests, employment, and publicity and to act in accordance with the instructions
of the principal in the execution of the agency. In the absence of specific
instructions from the artist, he shall do all that a good father of a family would
do, as required by the nature of the business.
c. The Agent must promote and publicize the Artist’s talent and composition with the
diligence of a good father of a family.;

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d. The Agent will maintain office, staff and facilities that shall accommodate and fulfill
the Artist’s professional employment.
e. The Agent is further authorized by the Artist to represent him / her in the following
areas:
i. Negotiations regarding commissions;
ii. Benefits;
iii. Credit;
iv. Sponsorships;
f. The Agent is further entrusted with the right to negotiate the terms of any assignment
on behalf of the Artist, and to be liable for damages of non-performance of the
Artist.
g. Agent shall provide his / her constructive criticism in concerning the development
and the work of Artist from time to time.
h. Agent shall always consult and inform his Artist the agreements, engagements,
performances, and promotional activities obtained for the Artist.

III. RIGHTS OF AGENT

a) Agent may perform and accommodate similar service that involves in other business
and ventures.
b) Agent shall have the right to publicize the fact that he / she is the exclusive booking
agent and authorized representative of the Artist.
c) Agent is not required to render exclusive services to the Artist that are not in the
stipulations of this contract or to devote the Agent’s entire time.
d) In the event of Artist's breach of this Agreement, Agent's sole right and remedy for
such breach shall be the receipt from Artist of the commissions specified in this
Agreement.
e) Agent has the right of retention in which this right is in the nature of legal
pledge.

IV. RIGHTS AND DUTIES OF ARTIST

a) The Artist appoints the Agent as his / her representative by virtue of this Agreement
and give the agent the utmost authority. ;
b) Artist will promptly refer all communications; may it be in written or oral which has
been received and related to the services and appearances to the Agent and shall not
given the discretion to answer of such..
c) Without Agent's written consent, the Artist shall not engage and appear to any
other business firms and persons which is deemed qualified to be Agent’s work.
d) Artist shall have the right and freedom of accepting or refusing any assignment the
Agent has booked.
e) Artist has the right to assign his / her right to receive payment in his / her behalf.
f) Artist must carry out the best of his / her ability and in punctual and sober fashion all
reasonable agreements, engagements, performances, and promotional activities
obtained and approved by the Agent in good faith.

V. PROMOTION OF THE ARTIST


The Artist shall provide the Agent with such samples of work from time to time,
necessary for the purpose of securing assignments. These samples shall remain the property
of the Artist and all samples and copies thereof shall be returned to the Artist, and digital
copies in Agent’s possession shall be permanently deleted, within 15 days of termination of
this Agreement. The Agent shall take reasonable efforts to protect the work from loss or
damage, but shall be liable for such loss or damage only if caused by the Agent’s
negligence.The promotion shall not include the personal and private information of the
artist if violated, agent shall be held liable. Promotional expenses, including but not limited

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to promotional mailings and paid advertising, shall be paid 10% by the Agent and 15% by the
Artist. The Agent shall bear the expenses of shipping, insurance and similar marketing
expenses.

VI. COMPENSATION/COMMISSION

1. Agent understands and agrees that he/she shall be entitled to Commission regarding all
the works which the Agent has secured and done for the Artist.
2. Commissionable Income (All gross fees and sums of money payable and accruing to
the Artist in respect of exploitation of the Works and Recordings or otherwise arising
from activities in the Artist’s career.) The Agent’s Commission would be 20% of the
total amount secured for each work by the Agent during the term of this Agreement.
 Works and Recordings shall include:
2.1 Sound recordings (including demos)
2.2 Visual recordings including film and music video
2.3 Literary, dramatic and musical works
2.4 Performances and appearances by the Artist in concert, on radio, television
or film.
2.5 Recordings of other artists produced, engineered written, programmed or
arranged by the Artist.
3. The Commission will calculated ONLY after deducting the expenses incurred by
the Artist in relation to her performance, thus it will be held payable.
4. The Agent is not entitled to any Commission with regard to any assignment or project
which was rejected by the Artist and not done by the Artist.

VII. EXPENSES
In the event that the Agent incurs any costs, fees or expenses in connection with
Artist’s professional career, Artist shall promptly reimburse Agent for such fees, costs and
expenses.
a) Artist shall not bear the agreement to reimburse Agent for general
overhead expenses.
b) Agent shall not, without the prior written approval of Artist shall incur any
singular expenses and if Artist fails to respond to the Agent within
TWELVE (12) hours after the request of the Artist’s approval, such
failure to respond shall be deemed to be the Artist’s approval.
c) Agent shall not spend more than Ten thousand Pesos (P 10,000.00)
in a one week period without Artist’s prior written approval;
Thus a week of notification should be done.
d) Travel expenses incurred by Agent which benefit multiple clients of the
Agent shall be allocated among the clients benefited.
e) Upon Artist request, Agent shall provide the Artist with itemized
statements receipts of all expenses incurred with respect to Agent’s
services rendered, together with supporting documentation evidencing
such expenses.
f) Artist shall reimburse Agent for such amounts within thirty (30) (15) days
of receipt of such statement.

VIII. INVOICE AND PAYMENT OF THE INVOICE


IX.
1. The Agent is responsible for sending an invoice to the Artist which would state in
concise detail the amounts related to the work done and the commission amount so
due.
2. All payments so made to the Agent shall be invoiced and is not prohibited to
appoint a substitute.
3. All payments which are covered under this Agreement shall be made within a period
of seven (7) days.

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4. Any default in this regard would further attract and result into a penalty and the
payments due shall be accompanied with a fine calculated at the rate of 10 % per
month.
5. Artist has had five days to review, validate or challenge the said invoice.
X. MAINTENANCE OF ACCOUNTS

1. The Agent is responsible for maintaining records with regard to all the billings and is also
responsible for sending copies of the invoice to the other party as and when rendered and
shall be held liable in case of loss.
2. As and when requested by the Artist, the Agent is further placed at an obligation to
provide the account details which would specify the:
2.1 Name of the Client;
2.2 Amount so paid by the Client ;
2.3 Dates of transaction where it was paid;
2.4 Expenses incurred by the Artist;
2.5Commission
2.6 Amounts Due and Payables
2.7 Amounts Paid and Received
3 The Agent is further responsible for maintaining and keeping the book of accounts and other
related records at his/her place of business and shall allow the Artist to inspect such records
during the business hours of any business day.

XI. TERMINATION

1. The Agreement can be terminated by the Artist for Breach of any of the terms specified
herein with a notice of 30 days prior to such termination.
2. On such termination the Agent shall cease to represent the Artist and the Artist’s work
and shall return all the samples of the Artist’s work that is within Agent’s jurisdiction
within a time period of 15 days of such termination.
3. This Agreement may be terminated by either party with a written notice of 30 days to the
other party.
4. If the Artist procures an assignment from any clients which the Agent had obtained prior
to the termination of this Agreement, then the Artist is liable to pay the Agent his/ her
Commission and such Commission is to be calculated in accordance with the Clause VI
of this Agreement.
5. If agent exceeds the limits of his authority without giving such party sufficient notice
of his power.
6. If the Artist died , is deemed insolvent, or insane Agent can file for termination of
the contract.
7. If the agent wanted to withdraw the contract.
8. Artist may revoke the contract and Agent has the obligation to erase the files within
his/her jurisdiction as said in Clause V of this Agreement.

XII. ASSIGNMENT
1. This Agreement shall not be assignable by the Artist to any person, firm or corporation;
provided however, that the Artist shall have the right to assign her right to receive
payments under this Agreement.
2. The Agent shall not have the right to assign this agreement or any of the Agent’s rights
and obligations hereunder to any person, firm or corporation.
XIII. FIDUCIARY RELATIONSHIP
The Agent agrees and understands that by virtue of this agreement the Agent stands in a
fiduciary relationship to the Artist and the Agent shall be held to the highest standards of
good faith , loyalty and shall act with diligence of good father of a family.
XIV. GOVERNING LAW

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This Agreement shall be construed and interpreted according to the 1987 Constitution of
the Republic of the Philippines. The parties hereto agree that any controversy arising under
this Agreement shall be adjudicated under the jurisdiction of a competent court within the
Republic of the Philippines.

XV. NOTICES and APPROVALS

All notices and approvals required by this Agreement must be in writing and delivered to
the other Party by certified mail or by electronic mail (i.e., e-mail) to the following email
addresses:
TO AGENT: jessica.albaracinxox@gmail.com (or other email address as specified by Agent
from time to time)
TO ARTIST: rosemarienhermosa@gmail.com (or other email address as specified by Artist
from time to time)

XVI. SEVERABILITY
If any provision of this “Agreement” is held invalid or unenforceable by any court of
competent jurisdiction, the other provisions of this “Agreement” will remain in full force and
effect, and, if legally permitted, such offending provision will be replaced with an
enforceable provision that as nearly as possible effects the “Party’s” intent.

XVII. WAIVER
A waiver of action that causes the breach of the contract would constitute the one
who drafted the contract liable, thus it would affect the validity and the binding nature
of the rest of the agreement; unless it does necessary affect the interest of any of the
contracting party, other forms of illegality that it is in the waiver would constitute the
contract to its breach.

XVIII. MEANING OF TERMS


Terms that are in herein even those that are unknown to the contracting party are
considered invalid thus cannot be used against the other, the singular shall include the
plural and the plural shall include the singular. Termination or discharge of this Agreement,
or any provisions thereof, shall be binding unless confirmed by a written instrument signed
by the Party sought to be changed.The heading of the paragraph herein are intended for
the contract and may greatly affect the foregoing stipulations of the contracting parties.

WITNESS WHEREOF, the parties have executed this Agreement under seal as of the day and
year first written above.

ARTIST AGENT

____________________________ ______________________________

Name: ROSEMARIE N. HERMOSA Name: JESSICA ROSE S. ALBARACIN


Title:___________________________ Title:_________________________
Date: 8TH AUGUST, 2018 Date: 8TH AUGUST, 2018

_________________________________ ______________________________

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(Witness) (Witness)

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