Written by Ajeet Minhas. 

The element of trust is the crucial binding agent which holds an artist/manager relationship together.  Once lost, the relationship ceases to exist.

The manager will commit himself wholly to better your career and in return may want to be the sole individual acting as your representative in the geographical regions (territories) specified in the contract. 

The relationship should not exceed five years.  Two to three years would probably be more ideal to allow either party to end the contract after this length or indeed renegotiate an additional one or two years if the relationship of trust is flourishing and obligations are being fulfilled in accordance with the contract.

  Words from the Wise 

• Managers will try their utmost to pinpoint the best talent to represent.  You may be approached directly by a manager but there is no guarantee that he will be entirely helpful.  Research their background and track record before agreeing to anything or you could find yourself being managed by a complete amateur who has yet to lose his training wheels.  Don’t buy into swanky banter; buy into reputation and a proven track record.

• Artists should be mindful not to agree to anything without taking sound advice from either a music industry professional with many years of experience in their field or a qualified solicitor with expertise in music business law and practice. 

• Never use the same lawyer or a lawyer with any degree of connection to the manager.  The advice you take must be unbiased and completely independent to reflect your best interests alone.  Reject any advice given to you by the manager’s lawyer.  The fact that this lawyer is advising a person connected to a proposed arrangement involving his own client itself constitutes a conflict of interest so seek your own.  The same precautions should be taken when dealing with an accountant.

• Never put the horse before the cart.  History has shown that artists can be so passionate about focusing all their energy on perfecting their talent that they lose sight of the legal and commercial considerations involved in finding and securing a representative to further their careers.  This can often lead to disappointment if you agree to a bad deal.

• Ask yourself, would you trust a stranger to lock you in a cloakroom on the verbal agreement that he will free you?  It’s a 50/50 gamble but how do you prove that certain words were exchanged to give legal effect to the promise made in the aforementioned arrangement?  The bottom line is you cannot.  If you are approached by anyone wanting to help you in return for you fulfilling certain obligations, never commit yourself unless the terms are mutually beneficial, not too one-sided and are recorded in a written agreement.  Failure to do so could seriously hinder your chances of getting that big break you have longed for.  So never verbally agree terms.  In the event of a dispute with your manager, you’ll need written evidence that certain promises were made between parties or else there it will just be your word against his.

• Why not test the waters first rather than committing to a long-term relationship with a manager.  Knowing that should this person not live up to your expectations you can part company earlier, adds much needed peace of mind to the hard working artist.  You need to be able to trust your manager fully so a short trial period whereby the manager agrees to achieve a certain amount for the artist could prove to be a very savvy move on your part.  Let him put his money where his mouth is.

• If you are asked to sign a short contract governing terms such as the manager’s expenses and deals achieved for your benefit (a publishing or record contract for example), it is perfectly normal to delay signing the agreement until you have obtained independent advice from a qualified professional trained in understanding the intricacies of a legal agreement.  Remember, there are more fishes in the sea and with patience and plenty of business smarts you could end up finding a rare pearl of a manager.  So less haste and focus more on making informed judgements that will benefit you in the short and long-term.

• Make sure the contract makes a provision for you to terminate the agreement in situations where the manager fails to fulfil his side of the bargain (minimum commitment). 

• Have a clause which empowers you to terminate the contract within the initial 12 months of the relationship where the manager has failed to get you the deal (e.g. recording or publishing contract) you were promised.  After all, the manager has a positive legal duty to his client to use his reasonable endeavours to promote the artist and secure a deal which will propel him to the next level in his career to becoming a recognised success.  

• Be careful not to agree to a contract which is longer than 3 years.  The last thing you need is to be tied down to the same manager who has promised you the world but turns out to deliver the bare minimum.  Let’s not forget, the manager will want exclusivity but the contract must compel him to sweat for that right or else you can terminate if the contract so provides. 

• The title ‘Manager’ does not mean that this person will control everything.  It will be in your best interests to manage your own finances for your own peace of mind and security.  So don’t be tricked into giving your manager any right to freely access your bank account.  Your accounts should be studied by a qualified independent accountant on a frequent basis to assess your financial health.

• You’ll be digging your own grave if you ever gave your manager or indeed any other person ‘Power of Attorney’ (POA).  This would enable them to handle your assets or anything else in your name to which the POA applies once authority has been given by you signing the document. 

• Read the contract and any other piece of paper requiring your signature extremely carefully and always seek independent advice if unsure. 

• Sign every page of a contract to confirm you have read and understood (seek advice if in doubt) the effect of each clause on the page.  This will prevent the other party from later inserting extra pages after you have signed to make it seem as though you have agreed to these new provisions as well.

• Never give another person the authority to sign agreements on your behalf.  The contract will ultimately affect you and not them.

• Stay in control always.  Think of yourself as the C.E.O. of your business.  Your manager, agent, accountant and so on are merely contracted to deal with different aspects of your business.  Leave it to them but like any true C.E.O. ensure you constantly ask for feedback in order to actively monitor progress.  If delivery of their obligations is not forthcoming, enforce the contract and find someone else who will give you the results you need.

For more specialist advice...visit www.madc.uk.com