| |
| Agreement
between Jon Dunmore, President of Egomania Records (ER) and
Artisan named below: |
| Artisan
Name: |
|
| Artisan
Company Name: |
|
| Signing
Date: |
|
| Agreement
Expiry Date (one year hence): |
|
| Original
Joining Date (if signing amended doc): |
|
| Listed
with Egomania Records in section(s): |
|
| Henceforward,
the artisan/contractor named above will be referred to as 'Artisan'
and Jon Dunmore and Egomania Records will be referred to as
'ER'. |
|
a)
Artisan's contractorship in the ER company will expire exactly
one year from the date of the signing of this document.
b) The Artisan will be informed of their contractorship expiration
date two months in advance of the expiration date.
c) To retain contractorship with ER, the Artisan should sign
a new Agreement.
d) If the Artisan wishes to leave the ER company as a contractor,
they may do so by merely not signing a new Agreement after the current
Agreement has expired, although it must be noted that any clients
the Artisan accrued through ER during the term of this or any
previous signed Agreements shall remain clients of ER in perpetuity.
[See Clause 6: 'Retained Clients'.]
e) The Artisan cannot opt to terminate this signed Agreement with
ER before its expiry date.
f) If major addenda are inserted into this document after an Artisan
has signed with ER, Artisan is required to sign an updated version
of this document, but may retain their original signing date as
their joining date.
|
| 01-a.
Egomania Records Website listing |
a)
There will never be a fee attached to Artisan basic online listing
with Egomania Records, as long as this Agreement is current (except
in the case of audio and/or video files).
b) ER grants each Artisan quite a generous amount of space online
to advertise all the services the Artisan offers, though the Artisan
must be aware that when and if their Egomania Records website listing
becomes too large, there may be other arrangements made between ER
and the Artisan as regards creating an exclusive website for the Artisan.
- - - i. The above condition will only apply to Artisans who do not
already possess their own websites.
c) AUDIO AND VIDEO "RETROACTIVE FEES": Artisans may
place their audio and/or video files on the ER website, initially
free of charge, but on the condition that when the Artisan secures
work through ER, the relevant audio and/or video charges shall be
applied to their first wage check, and deducted accordingly (in addition
to the usual commission fees). The current ER audio and video charges
may be found online at http://www.egomaniarecords.com/fees.html.
|
a)
ER will retain 10% commission from all work secured by the Artisan
through the ER company. Clients will pay Egomania Records whereupon
ER will deduct 10% from the gross pay and forward the remainder
90% onto the Artisan.
b)
This commission will be applicable to all services offered by
the Artisan, except in these cases:
- - - i. where tangible goods or accessories may be involved and
where 10% of the gross income may negate 100% or more of the Artisan's
PROFIT MARGIN. In these cases, ER will make arrangements to
deduct 10% from the Profit Margin as opposed to the Gross Income
[Also see Clause 5: "Minimum Fee'.];
- - - ii. when supplies are charged to the Client by the Artisan,
these 'supplies' costs are not under charge to ER commission (e.g.:
The Client needs to take away a few CDs of their rough mixes and
the Artisan Producer needs to charge the Client for these CDs,
these charges are not applicable for ER commission);
- - - iii. per diem payments from the Client to the Artisan;
- - - iv. supplies or equipment provided by the Client to the
Artisan.
|
| 03.
Artisan Commission / Referrals |
a)
If an Artisan refers a prospective Artisan or prospective Client
to ER and those prospects become either New Artisans or New Clients
of ER, the referring Artisan shall be entitled to a one-time bonus
of a 10% commission from ER, extracted from the commission that
ER receives from a New Client, or extracted from the commission
from the first Client of the New Artisan, NOT from the gross amount
that ER receives from New Clients, or first Clients of the Artisan.
b) The Minimum Fee of $5.00 shall also apply to this outgoing
commission from ER [See Clause 5.]
c) CLIENT REFERRALS of the Artisan to other Clients
[See Clause 7-e].
|
| 04.
Client Contact / Payment Methods |
a)
Prospective clients will not have access to the Artisan's direct
contact information through their ER online listing. All contact
points online are directed through ER management.
- - - i. ER should not be regarded as a conduit for "personal"
contacts; i.e. though family members or long-lost friends of the
Artisan may try to contact the Artisan through ER's contact
points, unless such contact is seeking the Artisan's professional
services, ER will not engage in forwarding the contact information
from the sending party to the Artisan sought.
- - - ii. Further, if Artisan friends or family contact the Artisan
through ER on a "professional" basis, they are subject
to the same Payment Procedures and conditions that all ER
Clients are subject to.
b) When expressions of interest are received by ER, ER
contacts the prospective client, discerning what the project entails.
If the prospective client has not chosen a specific Artisan, ER
will select a range of Artisans, or may choose one who best suits
the client's needs (budget-wise, location, availability, etc.).
Payment methods are also outlined in this initial contact.
- - - i. If ER selects an Artisan for the Client, over other
Artisans who are signed with ER (listed in the same capabilities,
and available for the Client's project), refer to Clause 8-e (15%
commission for choice representation).
c) PAYMENT METHOD: Clients are to make all payments to Egomania
Records, not to the Artisan, whereupon ER will deduct 10% from
the gross pay and forward the remainder 90% onto the Artisan.
d) The prospective client is put in contact with the Artisan,
to discuss the finer points of the project, as well as arrive
at an Agreed Fee. (At this stage, the prospective client knows
that the quoted fees are to be paid to ER)
e) The Artisan is to keep in constant contact with ER as regards
Agreed Fees and other details of the project, so that ER may
make out a detailed Work Order or Invoice to the Client. All administrative
duties are overseen by ER and the Artisan is not required
to do any paperwork regarding the prospective client's project
(unless they wish to, for their own records).
f) As the Artisan is the person ultimately quoting the fee, the
Artisan will be aware of exactly how much commission will be deducted.
With this system in place, there should be no insecurity on the
part of ER or the Artisan regarding misappropriated fees.
g) PAYMENT TO ARTISAN: Wages to ER Artisans are paid on a
monthly basis and are calculated on all the Artisans' jobs through
ER from the first day of a month, to the last day of the same
month, inclusive.
h) Payments to Artisans are executed in the form of checks from
ER (or the corporation, F.U.P., Inc.) and are made out once a
month to Artisans who have worked through ER, after the last day
of each month. For this reason, all e-mail correspondence between
the Artisan and ER (including confirmations of gigs, Agreed Fees,
dates worked, etc.) should be retained until payment has been
received for those particular projects, as written proof for payment.
i) Wages for ER Artisans are posted via regular United States
Postal Service no more than three working days after the last
day of each month. ER Artisans should expect their monthly
wages to reach them no less than five working days after the last
day of each month.
j) If ER Artisan has not received their monthly wage check
ten working days after the last day of the month, contact ER
on 818-708-8454 and let them know.
k) ER makes its checks payable to the name of each ER
Artisan, unless otherwise requested. ER Artisans are welcome
to have their paychecks made out to a company name, institution,
or person of their choosing, other than themselves.
|
a)
There is a minimum fee that ER must receive from every Artisan
commission; the minimum fee is $5.00.
b) The $5.00 fee is not "in addition to" the 10% commission,
but rather, "in lieu of" the 10% commission, if the
10% commission is under $5.00.
c) The Minimum Fee of $5.00 shall also apply to outgoing commissions
from ER to Artisans.
|
a)
All clients secured by the Artisan through ER during the term
of this Agreement (and previous signed Agreements with ER)
remain clients of ER even after the Artisan may choose to
leave the ER company. This will be made clear to any and all
clients who may have worked with the Artisan during the period
of his/her contractorship with ER
b) If an ex-Artisan of ER wishes to work with Clients accrued
during their affiliation with ER, the Client must still pay
ER the ex-Artisan's gross pay, from which 10% commission will
be deducted by ER and 90% forwarded to the Artisan.
|
a)
This Listing Agreement does not preclude the Artisan working with,
or being listed with, other agencies, management companies, bands,
production companies, online listing sites, industry directories,
etc. and does not affect the Artisan's status as a freelance independent
contractor.
b) This Agreement only concerns itself with the Artisan's income
as a result of being contacted through ER, or with income
generated by ER solicitation.
c) All other income of the Artisan is not infringed upon by ER
d) Neither does ER infringe upon the copyrights, publishing
rights or creative control of the Artisan. All original material
owned by the Artisan and copyrighted and trademarked by same,
remains the property of the Artisan.
e) Notwithstanding the above classification of the Artisan as
a "freelance independent contractor", it must be noted
that during the term of this Agreement ANY CONTACTS for future
work which the Artisan makes at a job which ER secured for
the Artisan, are to be regarded as ER CLIENTS, as the
Artisan is representing ER at that particular job where the
contact was made. These referrals, prospects, inquiring clients
should be referred to the ER offices should they wish to hire
the Artisan.
- - - i. Contact numbers may be exchanged with the prospective
client, but it is up to the Artisan to alert ER to the prospective
client's interest and forward that contact information to the
ER offices.
|
| 08.
Management / Agency Representation Commissions |
a)
Should an Artisan wish ER and/or Jon Dunmore to zealously represent
them in relation to prospective clients, in the capacity of manager
and/or agent, etc., the commission fee for ER will be 15%, instead
of 10%.
b) This may entail ER discussing all the finer details of the
Artisan's project with the prospective client; it may entail personal
meetings, numerous phone calls, travel, et al and ER will ultimately
quote a fee for the Artisan. The Artisan is then only required to
come in and perform their job; no negotiation or questions required.
c) If any situation presents itself where you, as the Artisan, would
like to take advantage of this facility, please alert ER in
advance of first contact being made with the prospective client.
d) Note that anytime ER actively seeks work for an Artisan,
instead of passively waiting for prospective inquiries to be generated
by the company advertising, the commission fees will be 15%.
e) Should ER recommend a particular Artisan for a project (over
any other Artisan's listed in the same capabilities, and available
for the project), quote a fee and arrange all project details, the
commission fee for ER will be 15%.
|
|
a)
If Client cancels a booking prior to two weeks before its
scheduled date, NO MONIES shall be owed to the Artisan from ER.
b) If Client cancels a booking within two weeks, but prior to
two (2) days, of its scheduled commencement date, ER shall pay
the Artisan HALF the Agreed Fee that was slated for the project
(provided the booking was made prior to two weeks before the project's
commencement date).
c) If Client cancels a booking within two (2) days of its
scheduled commencement date, ER shall pay the Artisan the FULL Agreed
Fee that was slated for the project (provided the booking was made
prior to two weeks before the project's commencement date).
- - - i. In the case of another gig being secured for the Artisan
by ER, in lieu of a cancelled gig, ER and the Artisan shall apply
all above conditions to the NEW gig, and cancellation payment conditions
no longer apply to the cancelled gig.
d) If ER is forced to cancel a booking due to the fault of the Artisan,
NO MONIES shall be owed from ER to the Artisan.
e) ER will only accept Artisan cancellations with respect to dire
hospital emergencies (involving the Artisan or immediate kin) and
more lucrative offers (offering at least twice the pay that
the Artisan would be receiving for the original job). If an Artisan
is forced to cancel a booking:
- - - i. Prior to two weeks before a scheduled project date,
neither the Artisan nor ER owe any monies to each other;
- - - ii. Within two weeks, but prior to two (2) days before
a scheduled project,
- - - - - 1. If another Artisan can be secured from the pool of
ER Artisans (and is accepted by the Client, as a replacement), the
cancelling Artisan does not owe any monies to ER;
- - - - - 2. If another Artisan cannot be secured from the pool
of ER Artisans (or is not accepted by the Client as a replacement),
the cancelling Artisan must choose to either perform the ER project
or pay HALF the commission that ER would have received for the project,
to ER.
- - - iii. Within two (2) days before a scheduled project:
- - - - - 1. If another Artisan can be secured from the pool of
ER Artisans (and is accepted by the Client, as a replacement), the
cancelling Artisan does not owe any monies to ER;
- - - - - 2. If another Artisan cannot be secured from the pool
of ER Artisans (or is not accepted by the Client as a replacement),
the cancelling Artisan must choose to either perform the ER project
or pay the FULL commission that ER would have received for the project,
to ER.
f) If Artisan accepts projects through ER within two weeks
of the project's commencement date, both ER and the Artisan acknowledge
the cancellation risk involved with these "last-minute"
bookings and neither party will be liable for any monies to the
other should these bookings be cancelled (- cancelled by any party,
for any reason).
|
| 10.
Company Going Out Of Business |
a)
In the event that ER goes out of business, or offline, or effects
a name-change, all operations and administration of what was formerly
ER will be transferred to Jon Dunmore. Subsequently, all the above
terms and conditions shall apply to Jon Dunmore, in place of ER.
|
| 11.
Other Business Names under Company banner |
a)
Other business names currently associated with ER, are "F.U.P.,
Inc.", "Poffymania Publishing", "$quandAmania",
"F.U." and "Dear Jon". If the Artisan listed with
ER is categorized under any of these business names, he/she is incorporated
within the operating structure ER and is bound by this Agreement.
|
a)
In order to keep this document easily understood, ER management has
avoided unnecessary detailing of impropriety and common-sense regulations.
However, if it is discerned that a number of Artisans continually
breach certain aspects of propriety, those relevant aspects will be
addressed in this document as Addenda, and/or Amendments to existing
Clauses.
b) If major amendments are made to this document, necessitating an
Artisan having to sign an updated version, the Artisan's original
signing date may still be retained as their joining date. [See Clause
1-f.]
|
| I
have read and agree to the above conditions: |
| Signed,
Artisan Name: |
|
| Print,
Artisan Name: |
|
| Signed,
Jon Dunmore, President ER: |
|
| Signing
Date: |
|
| Original
Joining Date (if signing amended doc): |
|
END OF AGREEMENT
|
ARTISAN
CONTACT DETAILS:
Please fill out this section for ER hardcopy records. This
info is not released to the public. |
| Artisan
Name: |
|
| Artisan
Social Security Number: |
|
| Artisan
Company Name (if any): |
|
| Artisan
Company EID (if any): |
|
| Phone
- main: |
|
| Phone
- cell: |
|
| Phone
- other: |
|
| Fax: |
|
| E-mail
- Main: |
|
| E-mail
- other: |
|
| Website: |
|
| Mailing
Address: |
|
| Home
Address (optional): |
|
Notes:
|
|
CONTRACTOR
AGREEMENT: © May 2005, Egomania Records ®
|