Sample Agreement Between Licensed Agent & Professional Entertainment Consultants™

 

This agreement is initiated between Professional Entertainment Consultants™, an Entertainment Agency, herein referred to as "PEC" and the undersigned Individual as a Licensed Agent, CONSULTANT NAME  This agreement shall be considered effective on the date signature by all parties has been completed. This agreement shall be in force at all times. Termination of this contract may be made only by written 30 day notice, as required herein, of either party to this agreement.

 

Relationship & Purpose:

CONSULTANT NAME agrees and warrants that he/she is an independent, sub-contracted business or an individual and that he/she is not an employee of Professional Entertainment Consultants. Any local business license requirements for the location in which CONSULTANT NAME is based remain the responsibility of CONSULTANT NAME  State and local business taxes, if any, will be paid directly by the Licensed Agent to the local entity to which it is due. This license agreement grants CONSULTANT NAME the right to operate  as an affiliated business of PEC, utilizing the PEC name, trademark, methods and resources.  The Nature of the relationship is that CONSULTANT NAME is paid a fee by PEC as stated herein for referring clients to PEC for contracting and completion of specific performance.  CONSULTANT NAME agrees to service these clients on an exclusive basis in exchange for said fee, which is based on the total commission for any booking.  This agreement applies only to booking of entertainment services and does not apply to any other types of services.  For purposes of this agreement, the term entertainment or entertainer shall apply to bands, musical groups, performance groups, speakers including keynote speakers, auctioneers, emcees or seminar leader facilitators, comedians, DJ’s and karaoke hosts or any individual or group who may considered as providing an entertainment or live performance service.

 

Compensation & Fees:

CONSULTANT NAME and PEC agree to split on an equal 50/50 basis all commissions or fees generated for all entertainment services contracted during the term of this agreement. CONSULTANT NAME shall be paid the balance as per the current pay schedule and method as noted in the Career Handbook.  Any bookings of performers, musicians, entertainers speakers or entertainment service providers shall be contracted through PEC during the term of this agreement regardless of whether the performers, musicians, entertainers, service providers or purchasers were previously listed with or booked through PEC.  The only exception to this, unless specifically included as part of this agreement, shall be, at CONSULTANT NAME's option,  an act, band or performance in which CONSULTANT NAME is the performer or is an owner or regular member of a performing, musical or entertainment act and where CONSULTANT NAME shall be performing personally on the engagement and wishes to exclude this act from commission. In this case only PEC shall not provide a contract nor may the performance be contracted or associated with PEC in any way for that performance. 

 

Payment of any service fees, products or services used by CONSULTANT NAME shall be deducted from commission payment checks and noted on the commission statement.  CONSULTANT NAME Agrees as a licensed associate to accept credit cards, through PEC, for any PEC booked services for which PEC makes credit card payments available.   Credit card service charges will be charged at current rate of 4% inclusive of only the amount of the transaction retained by CONSULTANT NAME except in the case of an amount that is not retained by either PEC or CONSULTANT NAME, in which case the service charge will be split at 50% paid by CONSULTANT NAME and 50% paid by PEC and is provided as a courtesy to the client.

 

Exclusivity:

CONSULTANT NAME agrees that all performances or services for entertainment or speaker services, save any specific exception named herein, shall be contracted through the PEC office and shall fall under the purvey of this agreement.  Breech of this provision may result in a $1000.00 fine per incidence or the actual commission or fee, whichever is greater, and may also result in, at PEC's option, immediate revocation of this license and forfeiture of any future commissions.

 

Included Policies:

At the time of signing, this document, along with the current policies and procedures in the current online Career Handbook, available at http://pro-ent.com/Career_handbook.htm, fully incorporated herein, constitutes the entire agreement between the parties without regard to any previous or subsequent verbal agreements unless such verbal agreements are made part of this agreement in writing and by mutual consent.  This agreement shall be binding on the parties hereto undersigned below and on their executors, administrators, personal representative, successors and assigns.   CONSULTANT NAME agrees that at the time of signing he/she has access to the online Career Handbook.   Any changes made to policy or procedure in the current Career Handbook shall be considered a current and valid part of the operating license agreement between PEC and CONSULTANT NAME   Substantial changes to the current Career Handbook which materially change conditions of the agreement shall be provided in writing to CONSULTANT NAME for approval or denial. Conditions, service fees and policies in the current Career Handbook shall be fully incorporated herein as policy for all Licensed Agents through PEC

 

Services Provided:

Professional Entertainment Consultants agrees to provide and CONSULTANT NAME agrees to procure the following services exclusively through Professional Entertainment Consultants

-  Exclusive booking and contracting services for CONSULTANT NAME through the Corporate Office

- Collection of all deposits and/or payments for engagements when not paid directly to the performing artist,  through the PEC Corporate Office

- An exclusive web site within the PEC family of site for the marketing use of CONSULTANT NAME to their clients shall be provided at no additional cost by PEC.

- PEC shall provide database  services to CONSULTANT NAME including an interactive client database with associated functions (such as client tracking, promo, and contracting) and performers database with associated functions which allows for full search and contact functions and functions for adding performers, musicians, entertainers and service providers.

- PEC may, but is not obligated to provide locals leads to CONSULTANT NAME where appropriate and agent agrees to follow up in a rapid, timely and complete manner.

- PEC will make any cooperative marketing arrangements and local discounts available to CONSULTANT NAME on a first come first serve basis

- PEC will provide contracting of artists as "Exclusive Featured Artist" with CONSULTANT NAME as the designated representative on behalf of PEC as long as the contract and CONSULTANT NAME's account is in good standing.

- PEC will provide as available, if requested, advice and counsel for CONSULTANT NAME  with respect to decisions concerning performances, booking, marketing methods, public relations and advertising, and all other matters pertaining to professional activities and career in the entertainment, amusement, and musical fields.

- PEC will provide, at CONSULTANT NAME's option, preparation, assembly and arranging for delivery of promotional packets to potential clients at cost as currently listed in the Career Handbook

 

Services Not Provided:

This agreement covers primarily booking and contracting of CONSULTANT NAME and does not include any accounting, hiring or payroll functions, musical or performance functions, advertising costs or any other function except as specifically stated.

 

Proprietary Rights and Terms Of Use:

PEC and the PEC System are solely owned by Professional Entertainment Consultants, a company headquartered in Washington State, USA, PO Box 78593, Seattle WA 98178.  Professional Entertainment Consultants, herein referred to interchangeably as PEC shall have the right, at its sole discretion, to modify, add or remove any conditions of the Career Handbook, fully incorporated herein by reference without notice or liability so long as it does not substantially change the terms or intent of this agreement.

PEC and other identifying marks of PEC shall remain the trade-marks and trade names and exclusive property of Professional Entertainment Consultants', and any unauthorized use of these marks is unlawful. Other trademarks on the website are the property of their respective owners. All content on this website, including without limitation all programs, interfaces, interface text, documentation and graphics, is the copyrighted property of PEC and Professional Entertainment Consultants and is protected by international copyright law. The content  may be used by CONSULTANT NAME only for CONSULTANT NAME's use as provided for in this agreement, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to CONSULTANT NAME are reserved by PEC.

Any information on PEC may not be reproduced, copied, sold or disseminated in any way or by any means.   Any incident of copying, sales or distribution outside of the member's own use for booking as a PEC Licensed Agent carries a penalty of not less than $1,000.00 per violation or actual damages, whichever is greater.

CONSULTANT NAME may not solicit or contact any artist for any other purpose than that of potential booking or hiring of the artist or act to perform at an event or venue without specific written approval by PEC.  Artists may not be approached with any solicitation to buy products or services of any kind.   Validated violation of this clause will result in immediate termination of this license and may result in additional legal action.

 

Use of the website or PEC system and information distributed in conjunction with PEC is offered to CONSULTANT NAME on CONSULTANT NAME's acceptance of these this agreement.  If CONSULTANT NAME does not agree to be bound by and comply with the terms, CONSULTANT NAME may not access or use any PEC information, services, or website.

 

Information and Accuracy

PEC has used its best efforts to obtain the most accurate and timely information available, all of which are subject to change. Accordingly, PEC cannot guarantee the accuracy, timeliness, reliability or completeness of any of the information accessed from this website as PEC relies on the listed artists to keep us informed of updated information. This website and all information contained on or accessed from this website are provided to CONSULTANT NAME on an "as is" basis without warranties of any kind whatsoever.  This includes any implied warranties or warranties of fitness for a particular purpose or non-infringement of the rights of third parties. PEC reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of the website or any information contained thereon without liability or notice. CONSULTANT NAME acknowledges and agrees that any reliance on or use by CONSULTANT NAME of information available on this website shall be entirely at CONSULTANT NAME's own risk. In no event shall PEC, nor any of its artists, be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if PEC or such provider has been advised of the possibility of such damages.  PEC shall not be held liable for the performance or breech by any listed performer under any circumstance.

 

Confidentiality and Transmissions Over The Internet:

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, PEC does not assume any liability for any damage CONSULTANT NAME may experience or costs CONSULTANT NAME may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain CONSULTANT NAME's personal information). While PEC shall take commercially reasonable efforts to safeguard the privacy of the information CONSULTANT NAME provide us and treat such information in accordance with our Privacy Policy, in no event will the information CONSULTANT NAME provided to PEC be deemed to be confidential, create any fiduciary obligations to CONSULTANT NAME on PEC’s part, or result in any liability to CONSULTANT NAME on PEC’s part in the event that such information is inadvertently released or accessed by third parties without our consent.

 

User Conduct and Obligations:

CONSULTANT NAME agrees to follow all applicable laws and regulations when using the web site, PEC system and PEC resources. CONSULTANT NAME shall not sell access to or the use of the website or any resources, including any content contained, downloaded or accessed except as specifically permitted in writing by PEC.  CONSULTANT NAME shall not redistribute any content, provided by PEC in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method to anyone not employed by or licensed as an agent with PEC.  CONSULTANT NAME shall at all times maintain business practices, employing appropriate integrity and professionalism as will reflect well on PEC and all licensed agents.

 

Indemnification By User:

CONSULTANT NAME agree to indemnify, defend and hold PEC and any PEC affiliates, business partners, officers, directors, employees and licensed agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way those actions by CONSULTANT NAME's which are not under the control of PEC. PEC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by CONSULTANT NAME, which shall not excuse CONSULTANT NAME's indemnity obligations.   PEC cannot forecast or guarantee success within the entertainment industry, but will act on the best interest for the potential future success of CONSULTANT NAME at all times as is reasonably possible.

 

Third Parties, Information Content, Performers, Musicians, Entertainers and Services:

As a user of the PEC website and services CONSULTANT NAME acknowledge and agree that PEC shall be held harmless for any loss or damage in connection with, any dealings or transactions with any third parties including performers, musicians, entertainers and service providers.  CONSULTANT NAME further agrees to hold harmless PEC for any inaccuracies in the information and services provided except in the case of willful and intentional negligence on the part of PEC.  Given the mutually acknowledged transient and changing nature of information provided by performers, musicians, entertainers and service providers, PEC and CONSULTANT NAME shall work cooperatively to update and correct any errors in data provided by said performers, musicians, entertainers and service providers within the system

 

Links or pointers to other websites and references to products and services offered by third parties are provided to CONSULTANT NAME for convenience only and do not constitute an endorsement or approval by PEC of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) Any third party products and services. As PEC has no control or responsibility over websites, services or content maintained by other organizations, or for products and services offered by third parties, PEC does not assume any liability for CONSULTANT NAME's use of any of the foregoing, which use CONSULTANT NAME acknowledge and agrees shall be at CONSULTANT NAME’s own risk.

 

Disputes:

Any party to this agreement may enforce this agreement. If a dispute arises out of or related to this agreement or the breech thereof and if said dispute cannot be settled by direct discussions and If legal recourse is sought through the courts, the venue shall be that of appropriate jurisdiction located in King County, State of Washington, USA. In the event that legal recourse is sought, the prevailing party shall be entitled to any and all reasonable legal costs involved in bringing or defending the action. These costs shall be paid in addition to any judgment, which may be received in the action, unless that judgment includes as part of the settlement said legal cost. This agreement shall be governed by and construed in accordance with the laws of the State of Washington.

 

Notices:

Any official written notice shall be sent registered certified mail, postage prepaid, return receipt requested. All notices shall be effective when the first notice is received. All notices under this Agreement shall be sent to the addresses listed below for the respective parties unless a subsequent change of official mailing address is made and notice given to all parties thereof.  If either party fails to enforce any term of this Agreement, failure to enforce on those occasions shall not prevent any enforcement of any term of this agreement on any other occasion.

 

Enforcement:

Any party to this agreement may enforce this agreement. If a dispute arises out of or related to this agreement or the breech thereof and if said dispute cannot be settled by direct discussions and If legal recourse is sought through the courts, the venue shall be that of appropriate jurisdiction located in King County, State of Washington, USA.  In the event that legal recourse is sought, the prevailing party shall be entitled to any and all reasonable legal costs involved in bringing or defending the action. These costs shall be paid in addition to any judgment, which may be received in the action, unless that judgment includes as part of the settlement said legal cost. This agreement shall be governed by and construed in accordance with the laws of the State of Washington.

 

Termination:

Either party may terminate this agreement at any time with 30 days notice for any reason.   Termination may also be sought immediately for any substantial breach of this agreement by either party, although it is not required.  Upon termination of this Agreement for any reason, both CONSULTANT NAME and PEC shall not act in any manner that may compromise the future business success of the other party. Breach of this provision may result in punitive damages as determined in a court of law. PEC and CONSULTANT NAME shall not be release or discuss proprietary, fiduciary or financial information as it relates to PEC and CONSULTANT NAME without approval by either CONSULTANT NAME or PEC to any outside party except as may be required by law at any time during the term of or after termination of this agreement.  PEC May terminate this agreement without notice if CONSULTANT NAME is inactive or essentially inactive for a period of 60 days.

 

Complete Agreement:

At the time of signing, this document, along with the current policies and procedures in the current online Career Handbook, fully incorporated herein, constitutes the entire agreement between the parties without regard to any previous or subsequent verbal agreements unless such verbal agreements are made part of this agreement in writing and by mutual consent.  This agreement shall be binding on the parties hereto undersigned below and on their executors, administrators, personal representative, successors and assigns.   CONSULTANT NAME agrees that at the time of signing they have access to the current Career Handbook.   Any changes made to policy or procedure in the current Career Handbook shall be considered a current and valid part of the operating license agreement between PEC and CONSULTANT NAME   Substantial changes to the current Career Handbook which materially change conditions of the agreement shall be provided in writing to CONSULTANT NAME for approval or denial. Conditions, service fees and policies in the current Career Handbook shall be fully incorporated herein as policy for all Licensed Agents through PEC.

 

Note: you will be provided with a Full License agreement upon approval of your application