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The Right Guidance Behind Your Entertainment Career
Voices of Our Generation
Entertainment Advisory Agreement
VOG Entertainer Advisory Agreement Form
Entertainer and Voices of Our Generation agree as follows:
Appointment:
Entertainer hereby appoint and engage Voices of Our Generation including agents as sole and exclusive adviser and representative throughout the World and Voices of Our Generation and agents accept such appointment and engagement for the term of and subject to the terms and conditions of this agreement.
Term:
A:
The term of this agreement shall be for period of three years commencing as of the date hereof (the "Initial Period").
B:
In addition, Entertainer shall have three separate and consecutive options to extend this agreement for an additional one year period (individually referred to as "First Option Period, Second Option Period, and Third Option Period: collectively the "Option Periods"). The Initial Period and Option Periods are hereinafter collectively referred as the "Term". Unless Voices of Our Generation or Vernel Trainor notify in writing the Entertainer to the contrary not later than thirty days to the expiration of the Term. In Addition, Voices of Our Generation or Vernel Trainor has up to five years to collect a commission from the Entertainer gross income.
VOG Services:
During the Term hereof, Voices of Our Generation including agents agree to represent the Entertainer and act as an adviser in all business negotiations and matters relating to the entertainer entertainment career. Supervise professional engagements and to consult with employers or prospective employers of services in the entertainment and literacy fields to assure to the best of our ability. Supervise third party affiliated/unaffiliated booking and talent agencies to secure offers for Entertainers professional services. Advise and counsel with respect to general practices in the entertainment and literacy industries and with respect to such matters of which we may have knowledge concerning compensation and privileges extended for similar artistic values. Entertainer authorized and empowered Voices of Our Generation including agents on behalf after consulting with Entertainer to approve and permit any and all publicity and advertising in connection with the Entertainer professional career; approve and permit the use of the Entertainer name, photograph, likeness, voice, sound effect, literary, artistic and musical materials for the purpose of advertising, publicity, and promotion in connection with the Entertainer professional career and execute agreements pertaining to the Entertainer personal appearance engagements.
Entertainer Duties & Restrictions:
Entertainer will be solely responsible for payment of all union dues, publicity cost, promotion or exploitation expenses, traveling expenses, wardrobe expenses and other expenses related to the Entertainer career, including the reasonable expenses arising from the performance by the Entertainer of the services here-under. Voices of Our Generation including agents are not required to make advances to the Entertainer or for his/her account. But, in the event Voices of Our Generation including agents do so any such advance will be deemed a loan which the Entertainer agree to repay promptly upon Voices of Our Generation including agents request. If Entertainer fail to do so, Voices of Our Generation including agents may deduct the amount of any such loans or advances from any sums the Entertainer may receive for his or her account. In the event that Voices of Our Generation including agents incur any expenses in connection with the Entertainer professional career or within the performance of his or her services hereunder. The Entertainer shall reimburse Voices of Our Generation including agents immediately upon request.
Advisory Compensation:
A.
In compensation for your services under this agreement, The Entertainer agree to pay Voices of Our Generation and or agents herein provided, a sum of twenty five percent of the Entertainer gross income derived from the Entertainer activities in and throughout the entertainment, amusement, music and music publishing industries.
B.
Without in any manner limiting the foregoing, the income sources upon which your compensation will be computed will include any and all of the Entertainer activities in connection with motion pictures, television, video, radio, music, theatrical engagements, personal appearance, public appearances in places of amusement and entertainment, phonograph records and recordings, publications, and the use of my name, likeness and talents for purposes of advertising, sale of merchandise, and trade. Following the expiration of the term hereof, The Entertainer agree to pay Voices of Our Generation including agents our commission as set forth in paragraph 5A above with respect to any and all contracts and agreements entered into during the term hereof relating to nay of the foregoing, and upon any and all extensions, renewals and substitutions thereof for so long as any of the same continue to earn income.
C.
The term "gross income" as used herein includes, without limitation, salaries, earnings, fees, royalties, gifts in lieu of income, bonuses, shares of profit, shares of stock, partnership interests, percentages and the total amount paid for a package television or radio program (live or recorded), motion picture or other entertainment packages, earned or received, directly or indirectly, by partner or partner heirs, executors, administrators or assigns, or any other third party form or corporation on partner/client behalf as a result of the activities described above.
D.
In the event that the Entertainer receive, as all or part of any compensation for activities hereunder, stock or the right to buy stock in any corporation or that I become the packager or owner of all or part of an entertainment property, whether as individual proprietor, stockholder, partner, joint venture or otherwise, Voices of Our Generation including agents right to compensation shall apply to the Entertainer said stock, right to buy stock, individual proprietorship, partnership, joint venture or other form of interest, and Voices of Our Generation including agents will be entitled to our share thereof.
A.
All gross earnings as herein defined are to be paid directly by all persons, firms or corporations to Voices of Our Generation or Vernel Trainor on the Entertainer behalf, or to a certified public accountant or to be mutually designated by the Entertainer and Voices of Our Generation or Vernel Trianor. Entertianer agree to instruct said accountant in writing, to account for and pay Voices of Our Generation including agents commissions hereunder, in the event commissions due to Voices of Our Generation including agents by the fifteen day of each calendar month with regard to commissions accrued during the previous calendar month.
B.
Notwithstanding the foregoing, however, in the event commissions due to Voices of Our Generation including agents hereunder have not been paid within forty-five days from the last day of any calendar month for which such commissions are due, Voices of Our Generation including agents shall thereafter, during the term hereof, have the right to require that all gross income be sent directly to Voices of Our Generation or Vernel Trainor, and Voices of Our Generation including agents shall deposit all such gross income in an escrow account. After deducting our commissions from such funds, Voices of Our Generation including agents will pay the balance thereof to Entertainer on or before the fifth-teen day of each calendar month for monies received during the previous calendar month. Entertainer shall be fully responsible for all commissions and fees payable to any such certified public accountant and/or business manager.
C.
If, during the term hereof, The Entertainer form a corporation or other business entity for the purpose of furnishing or exploiting his or her artistic talents or become a shareholder, partner or member such an entity or enter into any contract or agreement with any third party business entity for the purpose of furnishing his or her artistic talents to other persons, firms, or corporation, then in determining the amount Voices of Our Generation including agents compensation shall apply hereunder, the gross income derived of that entity from transactions secured or negotiated by us for the use of the entertainers talents, services or property created by the entertainer shall be included in the "gross income" received.
Resolution of Disputes:
A.
Due to the uniqueness of the services provided by Voices of Our Generation including agents under this agreement, and in order to avoid any unnecessary misunderstanding or dispute between Voices of Our Generation including agents, The Entertainer and Voices of Our Generation including agents agree that we will not be deemed to be in default until and unless either party shall first give the allegedly defaulting party written notice describing the alleged breach or default and then only in the event that the Entertainer and Voices of Our Generation including agents shall thereafter for a period of fifteen days to cure the alleged breach or default.
B.
In the event of any dispute under or relating to the terms of this agreement or the performance, breach, validity, construction, interpretation, execution or legality thereof, the prevailing party shall be entitled to recover any and all attorneys' fees and other cost incurred in the enforcement of the terms of this agreement, or for the breach thereof. This agreement shall be construed in accordance with the laws of the the of Louisiana, and any action to enforce or interpret the terms hereof shall be brought exclusively in the courts of Louisiana.
Conflicts of Interest:
Entertainer understand that Voices of Our Generation including agents are involved in many aspects of the music and entertainment business, and that in some instances some of those activities may appear to compete or conflict with the Entertainer career interest. Voices of Our Generation and the Entertainer agreed, however, that any conduct or activity by Voices of Our Generation including agents or any individual on Voices of Our Generation behalf will not constitute a breach of this agreement or any fiduciary or other duty or obligation created or existing under this agreement.
Assignment.
The Entertainer have the right to assign this assignment herein. The Entertainer understand that he or she may assign to any of the duties and obligations imposed upon the entertainer under this agreement.
Relationship of the Parties:
It is specifically understood that Voices of Our Generation including agents are acting as an independent contractor and the Entertainer may appoint or engage any and all other persons, firms or corporations throughout the world to perform any and all of the services which the Entertainer have agreed to perform under this agreement and all income received from other engagements, Voices of Our Generation including agents shall be entitled to commissions from said engagements under this agreement.
Indemnity:
In the event that, by virtue of the Entertainer failure or refusal to perform any engagement pursuant to a valid contract entered into during the term hereof by Voices of Our Generation including agents or Entertainer pursuant to the authorization contained in this agreement, Voices of Our Generation including agents shall incur any cost, expense or liability, including, without limitation, attorneys; fees and other expenses connected with defending any claim asserted against Voices of Our Generation including agents by virtue of the entertainers conduct or defaults, Entertainer agree to indemnify and hold Voices of Our Generation including agents or Vernel Trainor harmless with respect to any such claims, and further agree that, in addition to any other right or remedy the Entertainer may have, any money due to the entertainer under this agreement may be withheld by Voices of Our Generation including agents as provided in this agreement.
Notices:
Notices permitted or required hereunder shall be delivered in person, certified-register mail, or emailed to Voices of Our Generation or Vernel Trainor. A courtesy copy of all notices shall be sent to: Voices of Our Generation (
[email protected]
) or Vernel Trainor (
[email protected]
). The date of mailing or delivery to a email shall constitute the date of service of said notice.
Miscellaneous:
A.
This agreement embodies all the representations , terms and conditions of our agreement, and there is no other collateral agreement, oral or written, between us in any manner relating to the subject matter hereof.
B.
Those provisions required by any union or labor organization having jurisdiction regarding this agreement to be included herein in order for such union or organization to recognize this as a valid and enforceable agreement shall be deemed incorporated herein and shall constitute all of this agreement.
C.
No alteration, amendment or modification hereof shall be binding unless set forth in writing and signed by both parties.
D.
I ACKNOWLEDGE THAT I HAVE BEEN ADVISED OF MY RIGHT TO RETAIN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NEGOTIATION, LEGAL EFFECT AND MEANING OF THIS AGREEMENT AND THAT I HAVE EITHER DONE SO OR KNOWINGLY AND VOLUNTARILY WAIVED SUCH RIGHT.
E.
This agreement and all all amendments or modifications hereof shall be governed by and interpreted in accordance with the laws of the State of California. F. During the Term hereof, Voices of Our Generation including agents shall have the right to advertise and publicize our-self as the Entertainer representative.
This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives.
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Entertainer Name
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First
Last
P/K/A (Professionally Known As)
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Today's Date: (mm/dd/yyyy)
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Voices of Our Generation
Vernel Trainor
Founder
[email protected]
By submitting this form you electronically agree to said terms of this agreement
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