BOOKINGAGENT

AGREEMENT

AMERICAN FEDERATIONOF MUSICIANS

Agreement No.___________

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AMERICAN FEDERATION OF MUSICIANSBOOKING AGENT AGREEMENT

(A) Purpose: The American Federation of Musicians, hereinaftercalled “Federation,” agrees to franchise the Booking Agencysignatory to this Agreement, hereinafter called “Agent,” to ren-der services to members of the Federation, hereinafter called“Members,” upon the terms and conditions set forth hereinwhich are in conformity with the policy and objectives of theFederation to assure the availability to its Members of compe-tent, fair, honest and scrupulous booking agents, to preventunfair dealing by such agents with its Members, and to maintainwage scales for its members.

(B) Application & Acceptance: Agent has submitted to theFederation a completed application for a Booking AgentAgreement. Agent warrants and represents that the statementsmade therein are true and complete as of the date hereof.

Therefore, in consideration of the mutual covenants betweenthem, the Federation and Agent agree as follows:

1. Federation hereby accepts the application of the Agent,and approves and franchises the Agent as qualified to actas an agent for its Members.

2. Agent shall represent and deal with Members in accor-dance with the terms and conditions of this Agreement.

3. Agent shall fully comply with all applicable State licensingrequirements where such requirements are not in conflictwith Federal law.

4. (a) Reports to the Federation: Agent shall promptly reportto the Federation any change in the facts stated in theaforesaid application. Upon request, Agent shall promptlyfurnish to the Federation any information requested relatingto Agent’s performance of its duties hereunder and pursu-ant to agreements and arrangements with members.

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(b) Agent’s Responsibility: Agent shall be responsible forany violation of this Agreement by any subsequent person,firm, partnership or corporation, employed, retained or uti-lized by the Agent, or otherwise associated with the Agent,in representing or dealing with Members, as fully as ifAgent had violated this Agreement.

5. Agent Not Employer: Agent shall not act as the employerof any Member for whom he or she is the agent.

6. (a) No commissions, considerations in excess of stipu-lations in Schedule 1: Agent will not charge, accept or re-ceive from any Member any commission, including consid-eration in lieu of money, in excess of the commissionsstipulated in Schedule 1, attached to and made a part ofthis Agreement, for the booking of any engagement.

(b) In no event shall the payment of any such commissionsfor the booking of any engagement result in the receipt ofAgent commissions, including consideration in lieu ofmoney, from any person or persons, including any Member,which in the aggregate are more than the commissionstipulated in Schedule 1. Any commission, including con-sideration in lieu of money, received by Agent for furnishingthe services of any such Member for any engagement fromany source other than the Member for whom Agent rendersservices, shall be reported to such Member and theamount thereof shall be deducted from the commissionsotherwise payable by such member.

(c) Escrow: Any money received by Agent as a deposit oradvance from the purchaser of the services of a Member(s)shall be maintained by the Agent in a separate escrow ac-count for the benefit of the Member(s) until completion ofthe engagement for which the money is received by theAgent.

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(d) Contracts must incorporate terms of this Agree-ment: All agreements, contracts or arrangements betweenAgent and any Member for the booking of engagements forsaid Member shall incorporate therein each and every por-tion of this Agreement and, if not specifically incorporatedtherein, all said engagements, contracts or arrangementsbetween Agent and any Member shall be deemed to incor-porate by reference each and every provision of this Agree-ment. No said agreement, contract, or arrangement shallcontain any provision which is in conflict with any provisionof this Agreement. Any said agreement, contract, or ar-rangement which provides for the exclusive retaining ofAgent by a Member shall not be effective until it has beensubmitted to and approved in writing, by the office of thePresident of the Federation, which approval shall not be un-reasonably withheld. The provisions of this paragraph (d)shall not be applicable to said agreements, contracts or ar-rangements which were or are entered into between theagent and a musician while the musician was not or is not aMember of the Federation.

7. (a) All Agreements in writing: All engagement contractsprocured by Agent providing for the performance of ser-vices by a Member for any purchaser of such services shallbe in writing on the applicable, officially approved, Federa-tion contract form, which shall be fully completed and ex-ecuted; and a copy thereof shall be filed by the Agent withthe Local Union affiliated with the Federation in whose terri-torial jurisdiction the services are to be performed.

(b) Members must receive applicable minimum wagescale: All such engagement contracts shall provide for re-tention by Members in gross monies, and/or other consid-eration, an amount not less than the applicable minimumwage scale (including Pension and Health and WelfareFund contributions, if applicable) of the Federation and/orof any Local Union affiliated with the Federation in whoseterritorial jurisdiction the services are to be performed.(See, also, paragraph (B) of Schedule 1 attached hereto).

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8. Federation Unfair List: Agent shall not solicit or requireMembers to perform services for, or on the premises of,any non-neutral purchaser of music who is listed on theFederation’s Unfair List, provided that such listing is legal inaccordance with the provisions of the Settlement Agree-ment, dated April 30, 1979.

9. AFM Seal/Contract Forms and Non-Members: Neitheran officially approved contract form of the Federation northe Trademark of the Federation shall be utilized by theAgent, in any manner whatsoever, in the Agent’s represen-tation of, or dealing with or for, non-members of the Fed-eration. The Agent shall exercise reasonable care in carry-ing out the provisions of this paragraph.

10. Agreement Non-Transferable: This Agreement shall bepersonal to the Agent and the rights and privileges of theAgent hereunder shall not be transferable or assignable byoperation of law or otherwise without the prior consent, inwriting, of the Federation. Such consent shall not be unrea-sonably withheld and if the consent is not granted the Fed-eration shall furnish written reasons therefor.

(a) Arbitration of disputes: Except as provided in(b) or (i) below, any default, dispute, controversy, claim ordifference arising between the agent and the Federation, aLocal Union affiliated with the Federation, or any member ofthe Federation, or between the Agent and any other agentfranchised by the Federation shall be submitted for a finaland binding determination by the International ExecutiveBoard of the Federation (hereinunder called “IEB”), in ac-cordance with the Rules of Practice and Procedure of theIEB, which shall contain a procedure for summary judgmentwith respect to allegations by the Agent that a memberowes the Agent commissions. A copy of said Rules ofPractice and Procedure may be obtained by written re-quest to the Secretary-Treasurer of the Federation. The de-termination of the IEB shall be conclusive, final and bindingon all parties; provided, however, that the termination ofthis Agreement, either by the Agent or the Federation, asprovided in this agreement, shall not be deemed a default,

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dispute, controversy, claim or difference hereunder. ThePresident of the Federation may, upon agreement of theparties render such conclusive, final and binding determi-nation whenever, in the discretion of the President, the IEBwill be unable to act with sufficient promptness underthe circumstances.

(b) Agent’s claim against member: When the Agent hasa claim for commissions against a Member of the LocalUnion of the Federation in the territorial jurisdiction withinwhich the Agent maintains his or her principal office, theAgent shall have the choice of either filing the claim withthat Local Union or the IEB. Any such claim filed with saidLocal Union shall be initially adjudicated by the person, per-sons or body specified by the rules, Bylaws or practices ofsaid Local Union. Any party to such Local Union adjudica-tion may appeal from the adjudication thereof to the IEBwithin thirty (30) days from the date on which such party isnotified of such Local Union decision or within such addi-tional time as the President of the Federation or the IEBmay specify. On such appeal, the IEB acting under itsRules of Practice and Procedure, may receive additionalevidence from any party. Pending such appeal, the Presi-dent of the Federation may stay the award on such termsand conditions as he or she may deem proper, includingbut not limited to the deposit of adequate security with theFederation. The determination of the IEB on appeal fromthe adjudication of such person, or persons or body shallbe final and binding upon all parties. The adjudication fromwhich an appeal is not taken to the IEB, as provided above,shall be final and binding upon all parties.

(c) Timeliness: No default, dispute, controversy, claim ordifference shall be determined by the IEB and no claimshall be adjudicated by the Local Union, unless filed withthe IEB or the Local Union within one (1) year following theoccurrences of the event upon which the claim is based,except as provided in (d) or (e) below.

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(d) Acknowledgement/extension: A written acknowledg-ment of any claim, dated and signed by the Member orAgent against whom such claim is asserted, shall extendthe time in which such claim may be submitted for determi-nation for a period of one (1) year following the date ofsuch acknowledgment.

(e) Extensions: The delivery by the Agent of a statementof account to the Member and the failure of the Member toobject thereto within the time therein prescribed, as pro-vided in 12(a) below, shall extend the time in which anyclaim specified in such statement of account may be sub-mitted for determination for a period of one (1) year follow-ing the date of mailing of such statement of account.

(f) Penalities: In the event that an award for money ismade by either the IEB or the Local Union in accordancewith the provisions of this Section 10 and said money isnot paid within twenty-one (21) days from the date the par-ties are notified of said award, six percent (6%) interest perannum shall be added to the amount of money awarded,provided that such interest shall be added only for the pe-riod of one (1) year from the date of such notification of theaward or until the money is paid, whichever is shorter.

(g) Court of appropriate jurisdiction: The prevailing partyin an arbitration case may enforce said award by bringingan action for judgment in confirmation thereof together withcosts and reasonable attorneys fees incurred in enforcingthe award. The action to confirm or enforce an arbitrationaward may be brought in courts located in New YorkCounty, New York, or in a court of appropriate jurisdictionin another State of the United States.

(h) Direct payments/waiver: If the agent elects to receivepayment of commissions directly from a purchaser of theservices of a Member, rather than from the Member, theAgent waives all right to file a claim for said commissionsunder the foregoing provisions of this Section 10.

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(i) American Arbitration Association: Notwithstanding theforegoing provisions of Section I0: Should an Agent file aclaim for arbitration in accordance with the Commercial Ar-bitration Rules of the American Arbitration Association,judgment upon an arbitration award rendered on any claimmay be entered in any court having jurisdiction thereof. TheAgent shall pay the full cost of such arbitration proceeding,except any costs personally incurred by a Member for him-self or herself, his or her attorney or his or her own wit-nesses. In the event the Agent chooses to submit his or herclaim under the procedures outlined in Section 10(a)through (h) above, rather than to initially submit his or herclaim in accordance with the provisions of thisSubsection(i), the Agent may not thereafter proceed underthis Subsection(i). Conversely, when the Agent submits aclaim for arbitration in accordance with the provisions ofthis Subsection(i), he or she may not thereafter submit theclaim under Section 10(a) through (h) above.

11. Statement of Account Requirements: The statement ofaccount referred to in Section 10(e) above must complywith all of the following requirements:

(a) Such statement of account shall be rendered by theAgent to the Member at least once in each twelve (12)months’ period during the term of the agreement betweenthe Agent and the Member.

(b) Such statement of account shall be in reasonable formand detailed sufficiently to inform the recipient of (I) eachreceipt by the Agent in connection with performances bythe Member since the date of the last such statement andthe places and dates of such performances; (II) each dis-bursement made by the Agent to or on behalf of the Mem-ber as of date of the last such statement; and (III) the netamount owed by the Agent to the Member or by the Mem-ber to the Agent as of the date of such statement.

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(c) Such statement of account shall be deemed to havebeen duly delivered, if mailed by certified or registered mail,return receipt requested, addressed to the Member at theaddress last filed by such Member with the Agent.

(d) Such statement of account shall state prominently thatobjection to any item therein contained shall be made, inwriting, within a stated time which, in no event, shall be lessthan sixty (60) days following the date of the mailing ofsuch statement; and if said objection is not made as pro-vided in this Subsection(d), such failure to object will bedeemed to be prima facie evidence that the statement ofaccount is correct.

12. Rebooking of Steady Engagements:

(a) Provided that the contract for a steady engagement in-dicates clearly which personnel performing said engage-ment are “key personnel,” in the event a “Signatory Musi-cian” to that contract or “key personnel” designated in thatcontract (as signed or initialed by said “key personnel”) arerebooked for a steady engagement in the same location, asdefined in Schedule 1(A)(i) of this Agreement, regardlessof who rebooks them, within sixty (60) days (which periodmay be extended up to no more than one hundred andeighty (180) days if agreed in writing) of the completion oftheir previous engagement at that location; said “SignatoryMusician” and/or “key personnel” who are rebooked shallbe liable to Agent who originally booked them, for the com-mission on the subsequent contract in accordance with theprovisions of Schedule 1 of this Agreement. The date ofthe rebooking is the date of signing of the subsequent con-tract for the engagement and the provisions of this Section12(a) shall apply only to the first rebooking within the pe-riod set forth above.

(b) Fees: The Federation shall furnish to the Agent, for afee of $100.00 per annum, a copy of each issue of theFederation’s “International Musician” and a copy of theFederation’s list of affiliated Local Unions, which are

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printed while this Agreement is in effect; and the Federa-tion shall furnish to Agent, the certificate designating theAgent as a franchised Agent, which certificate shall be re-turned to the Federation in the event this Agreement andAgent’s franchise are terminated in accordance with theprovisions of Section 13 below.

13. Term of Agreement:

(a) This agreement shall be in full force and effect for one(1) year following the date set forth below, provided how-ever, that Agent may terminate or cancel this Agreement, athis or her sole discretion, at any time during said one (1)year period, or during any successive one (1) year period ofrenewal, as set forth in (b) below, by at least thirty (30)days written notice served upon the Office of the Presidentof the Federation by certified or registered mail, return re-ceipt requested; and provided further, that the Federationmay terminate or cancel this Agreement and its franchise tothe Agent as qualified to act as an agent for its Membersduring said one (1) year period, or during any successiveone (1) year period of renewal, as set forth in (b) below, bywritten notice to Agent, only when Agent, either willfully orthrough gross negligence, has caused any Member to suf-fer a monetary loss and it is reasonably foreseeable thatMembers who use the services of Agent may suffer a mon-etary loss. In the event the Federation terminates thisAgreement and cancels Agent’s franchise, as providedabove, there shall be no requirement for the Federation torefranchise Agent at any time thereafter and if, in its solediscretion, Federation decides to refranchise Agent uponhis or her re-application, Federation may provide whateverreasonable conditions it desires upon said refranchising.Prior to the Federation terminating this Agreement and re-voking its franchise with respect to an Agent, as providedabove, the President of the Federation shall furnish, in writ-ing, to said Agent notice of the Federation’s intent to termi-nate the Agreement and revoke its franchise at least thirty(30) days in advance of said termination and revocation;

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and upon written request therefor furnished to the Presi-dent by said Agent within ten (10) days after receipt of saidnotice by this Agent, the Agent shall be granted a hearingby the President, or his or her designee(s), at a date, timeand place to be determined by the President in his or hersole discretion. If such hearing is requested, the Agent maybe represented at said hearing by an attorney and, subse-quent to said hearing, the President, or his or herdesignee(s), shall serve written notice upon the Agent withrespect to the disposition of the matter.

(b) Termination: This Agreement shall automatically termi-nate, and Agent’s franchise as qualified to act as an agentfor Members of the Federation shall be automatically can-celed, one (1) year from the date of this Agreement setforth below, or on any succeeding anniversary date of thisAgreement unless said Agent furnishes to the Office of thePresident of the Federation a written request for renewalprior to the end of the first year of this Agreement and priorto the end of each one year period thereafter. The Federa-tion shall furnish to the Agent written notice of the said ter-mination date at least thirty (30) days prior to the said ter-mination date. In addition, by notice, in writing, to Agent atleast thirty (30) days prior to any anniversary date of thisAgreement, the Federation may modify or amend thisAgreement, as it deems necessary, to carry out the policyand objectives of the Federation as set forth in (A) above,and any such modification or amendment shall take effecton said anniversary date.

(c) Failure to Renew: If Agent fails to renew this agree-ment and his or her franchise, in accordance with (b)above, the Federation shall be under no requirement torefranchise the Agent or renew this agreement at any timethereafter, and if the Federation decides, in its sole discre-tion, to refranchise Agent and renew this Agreement uponapplication by Agent, the Federation may impose any rea-sonable conditions upon said refranchising and renewal asit deems necessary.

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(d) Termination–Agent’s Loss of Rights and Privileges:Upon termination of this Agreement and Agent’s franchise,as provided above, the Agent’s right, privilege and authorityto represent Members shall terminate and the Agent andeach and every Member shall thereby and thereupon bedeemed released and discharged of and from any and allagreements, contracts and arrangements with Agent cov-ered by this Agreement; and of and from any and all claimsby Agent which relate to continuing representation of suchMembers by Agent following such termination; but suchtermination shall not affect any contracts then existing be-tween any Member and purchaser of the services of suchMember or the right of the Agent to commissions earnedfrom services previously rendered but not yet paid at thetime of such termination.

14. Court of Jurisdiction: This Agreement has been made inthe Borough of Manhattan, City of New York, New York,and shall be construed, interpreted and applied accordingto the laws of the State of New York. Any claim, action orcause of action arising under this agreement and broughtagainst the Federation shall be brought only in courts lo-cated in New York County, New York.

IN WITNESS THEREOF, the parties hereto have hereunto set thehands and seals:

AGENT: _______________________________________________

BY: ___________________________________________________

American Federation of Musicians

BY: ___________________________________________________

Date: __________________________________________________

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SCHEDULE 1MAXIMUM COMMISSIONS

(A) Commissions equal to the percentages set forth below of thegross monies and other consideration received by the Member,directly or indirectly, for each engagement:

(I) Fifteen percent (15%) if the duration of the engagementis two (2) or more days per week for the same purchaser inthe same location. This type of engagement shall be knownas a “steady engagement.”

(II) Twenty percent (20%) for Single Miscellaneous En-gagements of one (1) day duration—each for a differentpurchaser of the services in a different location.

(III) Federation Signatory Booking agents that have negoti-ated a Federation Personal Management Agreement withFederation Members, same having been filed with and ap-proved by the President’s Office, which approval shall notbe unreasonably withheld, shall be allowed an additionalcommission of five percent (5%) of gross monies and otherconsideration received by the Member for each engage-ment performed.

(B) In no event, however, shall the payment of any such commis-sions result in the retention by a Member for any engagementof gross monies and other consideration in an amount less thanthe applicable minimum wage scale (including Pension andHealth and Welfare contributions, if applicable) of the Federa-tion or of the Affiliated Local Union thereof in whose territorialjurisdiction the services are to be performed.

(C) Commissions, as provided in this Schedule 1, are due and ow-ing to Agent at the completion of an engagement and must bepaid to agent within ten (10) days from the date on which anengagement is completed.

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(D) No commissions shall be payable on any engagement if theMember is not paid for such engagement unless such non-pay-ment was the fault of the Member. In such instances, the Book-ing Agent may file a claim with the International ExecutiveBoard for damages not exceeding the amount of commissionsthat would have been payable had the member been paid forsuch engagement.

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Index

A

Account, statement requirements ......................................................... 8Acknowledgement/extension .................................................................. 7AFM Seal/Contract Forms and Non-Members ................................... 5Agent Not Employer .................................................................................. 3Agent’s claim against member ............................................................... 6Agent’s Responsibility .............................................................................. 3Agreement Non-Transferable .................................................................. 5All Agreements in writing ......................................................................... 4American Arbitration Association .......................................................... 8Application & Acceptance ....................................................................... 2Arbitration of disputes .............................................................................. 5

C

Contracts must incorporate terms of this Agreement ...................... 4Court of appropriate jurisdiction ............................................................ 7Court of Jurisdiction ................................................................................ 12

D

Direct payments/waiver ............................................................................ 7

E

Escrow ......................................................................................................... 3Extensions ................................................................................................... 7

F

Failure to Renew ...................................................................................... 11Federation’s Unfair List ............................................................................ 5Fees .............................................................................................................. 9

M

Minimum wage scale ................................................................................ 4

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N

No commissions, considerations inexcess of stipulations in Schedule 1 3

Non-Members, use of AFMcontracts restricted 5

P

Penalities ...................................................................................................... 7Purpose ........................................................................................................ 2

R

Rebooking of Steady Engagements ...................................................... 9Reports to the Federation ......................................................................... 2

S

SCHEDULE 1 .......................................................................................... 13Statement of Account Requirements .................................................... 8

T

Term of Agreement ................................................................................... 10Termination ................................................................................................. 11Termination–Agent’s Loss of Rights

and Privileges .................................................................................... 12Timeliness, filing of claims ........................................................................ 6

U

Unfair List ..................................................................................................... 5