Band Member Agreement

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Band Member Agreement

For; <>
AGREEMENT made this _______ day of ____________, 20___, by and between the undersigned
Musician(s).
This Agreement is entered into in the City of <> and Country of <> and is guided by and governed by
the laws of that nation.
The undersigned parties hereby agree to the following responsibilities:
I.
II.
III.
IV.
V.

Beginning and ending membership in band


Band Member Responsibilities
Responsibilities of the Band Leader
Profit Sharing
Miscellaneous

The following agreement was printed on the date above. Amendments to the agreement can be
adopted in writing at any time by a unanimous decision by all band members.
This agreement is between all band members signed below. The agreement is also between the band
members and the band leader signed below. This band leader may (or may not) simultaneously serve
in the capacity of a band member.
I. Beginning and ending membership in the band
Initiation of band membership: Band members officially become a partner in the band upon
meeting the following two criteria:
1) Signing and dating this membership agreement

-and-

2) The signed and dated membership agreement is accepted by the band leader.
Termination of band membership: Band members leave the band at the earlier of the following:
1) The band leader's direction

-or-

2) Two months after giving the band written notice regarding their intention to leave. During these two
months, the band member agrees to continue to fulfil all the responsibilities/commitments as a band
member.
Upon leaving, the band member agrees to:
1) Return (or provide reimbursement to the value of) all band property (such as unsold merchandise).
2) Make no attempt to damage the band after leaving.
II. Band Member Responsibilities
Rehearsal attendance: Band member shall show up for practice as agreed upon. Regular failure to
do so can void contract and end any future agreements. UNLESS there is an emergency or other

uncontrollable circumstance out of the band members control. (Example: Death of family member,
illness, accident, Act of God.) If there is a problem band member shall notify the band leader at the
soonest possible opportunity but at least 6 hours prior to commencement time wherever possible.
Performance attendance: Band members agree to attend all shows. UNLESS there is an
emergency or other uncontrollable circumstance out of the band members control. (Example: Death
of family member, illness, accident, Act of God.) If there is a problem band member shall notify the
band leader at the soonest possible opportunity. Additionally they must arrive early for set up/sound
check, and remain after the performance to help remove equipment from the performance venue.
New performances are posted on all band web presences and band member agrees to regularly
check gig listings and social media to ensure that he/she is aware of and prepared for all
performances booked well in advance of the performance date.
Equipment: It is the Musicians responsibility to keep their equipment in good working condition, and
upgrade appropriately when the revenue is available.
Publicity: Band members agree to share publicity efforts. This includes social media promotion
(inviting people to event invites, asking people to like the band page, posting on the band page etc),
production and distribution of promotional material (posters, flyers, demo discs etc) and actively
advertising the band through any other media/method available and example of which would be
promoting the band on music forums/discussion sites.
Behaviour: Band members agree to act in a professional manner when representing the band. Band
members agree to give their best effort on all performances, during both lead and supporting roles.
There should be no excessive drinking/smoking on stage, always maintaining good showmanship and
quality as deemed by management and other band members
Band mate support: Band members agree to support other band members. Band members will not
"tear down" or detract other band members, even as a joke or sarcastically, as this goes against the
spirit of an "attitude driven" band.
Commitment forwarding: Band members agree to refrain from making commitments on the band's
behalf in regards to setting up anything for the band, in which promises are made or money is
mentioned, etc. without consultation with all concerned parties. If a band member is contacted to book
an appearance/sign a contract, in most instances the proper response is to direct all enquires to
management, hand out business cards with our managements contact info on it or contact the Band
Leader.
Partnership and liability: Band members agree to be associate partners with the band leader, who
assumes the role of the senior partner. As partners, liability for band actions is distributed among all
band members, not just the band leader or senior partner. If damage is "clearly caused" by a single
band member, only that band member will be held liable for it. "clearly caused" is defined as "all the
band members and band leader except for a single band member can agree a single band member
caused it."
Inter-band communication Band members agree to talk about whatever problems may arise
between band members. "Back stabbing" is to be avoided at all costs. Band members should voice
their concerns to the band leader for consideration. "Secret meetings" will destroy the band.
Conflicts of Interest: Any other outside performing with another band or engagement that interferes
with the schedule of Artist will void the contract if necessary.
III. Band leader's responsibilities
Regular responsibilities: The band leader agrees to attend all rehearsals and performances, act in a
professional manner, and support the other band members as described above in Section II.

Additional responsibilities: The band leader assumes all additional duties he considers appropriate,
such as managing accounting and paperwork, scheduling the agenda for each rehearsal, accepting
booking contracts, arranging the set list and order of each performance, directing merchandise
distribution/pricing, and co-ordinating press releases/promotions.
Accepting new band members: The band leader may, at his discretion, do the initial screening of
future potential band members. Once the initial selection is done, the remaining candidates will be
evaluated by the full band.
Role of senior partner in arbitration: As senior partner, the band leader resolves all disputes
between band members. Associate partners agree to follow the senior partners decisions, even (and
especially) if the associate partner would have decided otherwise.
Inter-band communication The band leader agrees to listen and evaluate band members concerns
as soon as practical. Additionally, the band leader agrees to do his best to ensure band member
harmony.
IV. Profit sharing
The Band Leader makes no promises or guarantees about Rewards and compensation but every
effort will be in achieving the goals and payment will be made to the Band Members when possible.
There will be specific pay days, and dates for all compensation. Band member should not expect
payment right after a gig or a sale of a cd.
a) Non-investment earnings: If income (such as from performances) is generated in a manner not
requiring initial investment, the money will be distributed as follows:
1. Number of shares: The number of shares will equal the number of band members plus other
applicable parties (i.e. Band Management).
2. Profits will be divided equally into the number of shares calculated in 1 above.
No non-investment earnings will be paid to any member of the band that has left for any reason.

b) Investment earnings: If income is generated in a manner requiring initial investment (such as CDs
and T-shirts), profits will be split between investors and members as follows:
1. All profits will be distributed to the investors according to proportion of their investment until the
initial investment is paid back in full.
2. After the initial investment is paid back, additional profits will be split 50% to the Band fund (due to
the fact that this money will be used to finance upcoming events for the band tour/support, recording,
etc) and 50% to the band members and band leader, split in equal shares as decreed in part A1
above.
If there is an outstanding balance of investment made by a member that has left the band, that
investment shall be paid back in the manner detailed in part 1 above but no further payments will be
made following this.
c) Revenue from Recordings (excluding Song-Writing credits): In regards to royalties from any
independent release that a band member plays on (examples would be cd's, cassettes, EP.'S.'s's.
singles, etc., that has been financed by the band or any member thereof, each party will receive an
equal share as in part A1 above after the cost of manufacturing and distribution/production has been
made back.

In the event of a member leaving, recording revenue shall be paid at the band members full share for
12 months and at half share for a subsequent 24 months. Following this, no further payments will be
made.
In the event of signing with a major or Indie label the royalty rates may be renegotiated at that time.
d) Song writing credits and profits: The following criteria apply to the bestowing of authorship
credit;
1. Song authors are those who shape the lyrics, melody or "spirit" of a song. Sole authorship is only
given to those who write the entire lyrics, melody, chord progression and primary musical support of
the song.
2. Song writing authorship is officially recorded on the band's CD liner notes. Until the CD is released,
song authorship is decided by the band leader.
3. Should any song writing member of the band choose to leave, the rights to the songs he/she has
written will remain their property, however, the profit from the existing recording and the rights to
perform the song(s) shall be automatically granted to the band.
4. The band member agrees not to worry about a separate "song writing" profit until the band gets big
enough to worry about UPC codes on its product and joining a song-writing association. When/If that
happens, "song writing" profits will be renegotiated according to industry standards. Until then, "song
writing profit"/"mechanical royalties" will just be ignored.

V. Miscellaneous
Touring: Band Members should meet to discuss all touring and gigs before the actual date. A plan will
be made then in the event of prolonged touring to ensure all members are in essence in the right
place at the right time. Equipment checklists will be made and followed as well as set lists for shows.
Members are responsible for things such as personal leaves from day jobs for touring etc. Members
will meet with the Band Leader on specific days and times to discuss issues pertaining to the tour
work. Band members will not leave the tour group unless they have let other parties know where they
are going. This is a protection for both the individual and the band as a whole should an accident or
other uncontrollable circumstance arise.
Complaints: All complaints will be handled in an orderly manner. If Musician(s) feel they are being
treated unfairly outside the realm of this agreement they may contact the management team and the
complaint will be addressed and remedied in an efficient manner.
Name/Logo Rights etc.: The band name Rumours of Spring and all associated logos, merchandise
designs, website addresses and other intellectual property are the sole possession of the Band
Leader and in the event of any member of the band leaving or the split up of the band as a whole, no
use of any part of the Rumours of Spring brand will be permitted without express written permission
from the Band Leader.
Band Leader: Should for any reason, the Band Leader choose to relinquish his/her post, the position
of Band Leader and all associated responsibilities shall be put to a nomination and voting process.
Should it not be possible to clearly and without dispute, choose a new Band Leader, this contract shall
be immediately terminated and brought for re-negotiation to ensure that

The following individuals agree to abide by the terms set forth in the above document and become
official "Band Members."

The following individual agrees to abide by the terms set forth in the above document and become the
official "Band Leader."

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