SGA - Talent Booking Representative Agreement
Last Updated: March 18, 2021
This agreement is entered into by and between Special Guest App, Inc (the “Talent Representative”) and YOU (the “Talent”). Talent includes any live performer (musician, actor / actress, magician, impersonator, etc) that agrees to receive paid gigs and be represented by Special Guest App, Inc for purposes of paid entertainment performances originating from Special Guest platforms and services.
- Talent hereby engages Talent Representative as the Talent Representative of record at Special Guest affiliated venues and at all gig opportunities originating from the Special Guest platform or via Special Guest talent buyers for a term that starts with your acceptance of this agreement and ends only upon notice of termination by either Talent Representative or the request of Talent at the conclusion of any existing booked performance (the “term”).
- Talent Representative’s duties hereunder shall be to use reasonable efforts to procure and or negotiate the paid engagement of Talent’s services as a LIVE entertainer in the specific fields designated by Talent or agreed upon from time to time by Talent and Talent Representative. Talent Representative may advise and counsel artist in the development or advancement of artist’s professional career, including the negotiation of rates, riders, and other necessary representations.
- Talent Representative agrees to perform the services specified herein. Talent understands that Talent Representative may render other or similar services to other persons, firms and corporations via the Special Guest platform and through Special Guest talent buyers and representatives. Talent represents that he/she is free to enter into this Agreement and does not have and will not have any contract or obligation that will conflict herewith.
- Talent Representative will handle payment from Host / Venue to Talent as follows: To confirm performance the Host / Venue will remit 100% of predetermined Talent Fee to Special Guest, inclusive of transportation / logistics (or split / share of ticket sales, cover charges, or other fees) and 20% Booking Management / Representation Fee to Special Guest. Special Guest will escrow all fees from Host / Venue and disperse Talent fee within 24 hours of completed performance via ACH, check, cash, or digital payment. (Example. Host / Venue books Talent via Special Guest for $500. Host pays Special Guest $500 (Talent Fee) + $100 (Booking Management / Representation Fee) or $600 total to Special Guest. Total amount is escrowed until completion of performance. Within 24 hours of performance Talent will receive 100% of escrowed Talent Fee and Special Guest receives remaining Booking Management / Representation Fee.
- Talent Representative’s payment will be escrowed as part of the confirmation of a performance via Special Guest. In the event that an alternative payment is pre-arranged, including the reconciliation of payment from ticket sales or cover charges, Talent and / or Talent Representative will timely process payment. Special Guest will always use it’s best efforts to secure payment upfront and pay Talent within 24 hours of completed performance. Payment guarantee will be made prior to scheduled performance.
- All disputes and controversies of every kind and nature whatsoever between the Agency and Talent arising out of, or in connection with, Talent Representative’s representation of Talent (the “Agency Relationship”), including but not limited to commission disputes, shall be submitted in a timely manner to final and binding arbitration before a single arbitrator regardless of whether either party has terminated or purported to terminate the Agency Relationship. Said arbitration shall be in accordance with rules of the arbitration provisions of JAMS Mediation, Arbitration, ADR Services.The Agency and Talent will attempt to mutually agree on an arbitrator within 30 days after either party first notifies the other in writing that it intends to invoke the arbitration procedures and they will utilize rules of the JAMS Mediation, Arbitration, ADR Services for selection of an arbitrator only if the parties fail to mutually agree. Any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY SUCH CONTROVERSY OR CLAIM.
- This instrument, together with any forms the Talent Representative and Talent execute, sets forth the entire agreement with respect to the fields of endeavor recited in Paragraph 2 of this Agreement. This Agreement shall inure to the benefit of and be binding upon Talent and Talent Representative and respective heirs, distributees, executors, and administrators.
- Should any provision of this Agreement be void or unenforceable for any reason, such provision shall be deemed omitted and this Agreement with such provision omitted shall remain in full force and effect. This Agreement does not modify any provision in any union or guild agency agreement governing services herein, provided that the Talent Representative is signatory to the union/guild and the artist is a member of such union/guild.
- FORCE MAJEURE: IF Force Majeure is enacted by either party, OPERATOR, SPECIAL GUEST and/or TALENT will work together to schedule a make-up date. If enacted by OPERATOR, compensation will not be rendered to TALENT.
- This agreement is inclusive of all aspects of the Special Guest Software Terms of Service. All paid gigs originating from Special Guest platforms and talent representatives are governed by this talent representative agreement and the software terms of service.