| Agreement Agreement between Jon Dunmore, President of Egomania Records (dba for the corporation: Forever Unholy Productions, Inc.) and Contractors signed with ER, Inc. Contractors are referred to as 'Artisan' and Jon Dunmore and Egomania Records are referred to as 'ER' Click here for a PRINTABLE VERSION of this document. |
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01.
Term of Agreement |
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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. TOP |
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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. TOP |
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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. TOP |
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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]. |
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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, Inc.) 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. |
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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. |
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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. TOP |
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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. |
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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%. TOP |
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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). |
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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.] TOP |
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END
OF AGREEMENT
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May
2005