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1、精选ARTIST-AGENT AGREEMENT Agreement, this _ (Month & Day), _ (Year), between _ (hereinafter referred to as the “Artist”), residing at: _ (Address) and _ (hereinafter referred to as the “Agent”), residing at: _Whereas, the Artist is an established artist of proven talents; and Whereas, the Artist wish
2、es to have an agent represent him or her in marketing certain rights enumerated herein; and Whereas, the Agent is capable of marketing the artwork produced by the Artist; and Whereas, the Agent wishes to represent the Artist; Now, therefore, in consideration of the forgoing premises and the mutual c
3、onvenience hereinafter set forth and other valuable consideration, the parties hereto agree as follows: 1. Agency. The Artist appoints the agent to act as his or her exclusive representative; (A) in the following geographical area: _(B) for the markets listed here (specify publishing, advertising, e
4、tc.): _The Agent agrees to use his or her best efforts in submitting the Artists work for the purpose of securing assignment for the Artist. The Agent shall negotiate the terms of any assignment that is offered, but the Artist shall have the right to reject any assignment if he or she finds the term
5、s thereof unacceptable. 2. Promotion. The Artist shall provide the Agent with such samples of work as are from time to time necessary for the purpose of securing assignments. These samples shall remain the property of the Artist and be returned within thirty (30) days of termination of this Agreemen
6、t. 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 Agents negligence. Promotional expenses, including but not limited to promotional mailings and paid advertising, shall be paid _ percent by the Agent
7、and _ percent by the Artist. The Agent shall bear the Expense of shipping, insurance and similar marketing expenses. 3. Term. This agreement shall take effect on the _ day of _ (Month), _ (Year), and remain in full force and effect for a term of one year, unless terminated as provided in paragraph 9
8、. 4. Commissions. The Agent shall be entitled to the following commissions; (A) On assignments secured by the Agent during the term of this agreement, _ (% Amount) percent of the billing. (B) On house accounts, _ percent of the billing. For the purposes of this agreement, house accounts are defined
9、as accounts obtained by the Artist at any time or obtained by another agent representing the Artist prior to the commencement of this Agreement and listed in schedule (A) attached to this Agreement. It is understood by both parties that no commission shall be paid on assignments rejected by the Arti
10、st or for which the Artist fails to receive payments, regardless of the reason payment is not made. Further , no commission shall be payable in either (A) or (B) above for any part of the billing that is due to expenses incurred by the Artist in performing the assignment, whether or not such expense
11、s are reimbursed by the client. In the event that a flat fee is paid by the client it shall be reduced by the amount of expenses incurred by the Artist in performing the assignment, and the Agents commission shall be payable only on the fee as reduced for expenses. 5. Billing. The _ Artist _ Agent s
12、hall be responsible for all billings. 6. Payments. The Party responsible for billing shall make all payment due within ten (10) days of receipt of any fees covered by this Agreement Late payments shall be accompanied by the interest calculated at the rate of _ percent per month thereafter. 7. Accoun
13、tings. The party responsible for billing shall send copies of invoices to the other party when rendered. If requested, that party shall also provide the other party with semiannual accountings showing all assignments for the period, the clients names, the fees paid, expenses incurred by the Artist,
14、the dates of payment, the amounts on which the Agents commissions are to be calculated, and the sums due less those amounts already paid. 8. Inspection of the books and records. The party responsible for the billing shall keep the books and records with respect to commissions due at his her place of
15、 business and permit the other party to inspect these books and records during normal business hours on the giving of reasonable notice. 9. Termination. This agreement may be terminated by either party by giving _ days written notice to the other party. If the Artist receives assignments after the t
16、ermination date from clients originally obtained by the Agent during the term of this Agreement, the commission specified in paragraph 4(A) shall be payable to the Agent under the following circumstances. If the Agent has represented the Artist for six months or less, the Agent shall receive a commi
17、ssion on such assignments received by the Artist within _ days of the date of termination. This period shall increase by _ days for each additional six months that the Agent has represented the Artist, but in no event shall such period exceed _. 10. Assignment. This Agreement shall not be assigned b
18、y either of the parties hereto. It shall be binding on and inure to the benefit of the successors, administrators, executors, or heirs of the Agent and Artist. 11. Arbitration. Any disputes in excess of $ _ (maximum limit for small claims court) arising out of this Agreement shall be submitted to bi
19、nding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrators award shall be final and judgment may be entered in any court having jurisdiction thereof. The Agent shall pay all arbitration and court costs, reasonable attorneys fees, and legal interest on any award of judgment in favor of the Artist. 12. Notices. All notices shall be gi
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