1. Sample Provision. Artist hereby irrevocably authorizes and appoints Manager as Artist's true and lawful agent and attorney-in-fact to do the items listed below for Artist and in Artist=s behalf which Artist could legally do on Artist's own behalf, and which is permissible as a matter of law to authorize and empower an agent to do. Artist hereby ratifies and confirms all that Manager shall do or may cause to be done pursuant to this Section ___. This power includes the right, power and privilege, to:
(a) subject to Artist's prior approval, engage, discharge and direct for Artist, and in Artist's name, public relations firms and representatives, attorneys, accountants, and other persons, firms and corporations in connection with Artist's business and financial affairs;
(b) execute for Artist, in Artist's name, and on behalf of Artist, any and all agreements, documents and contracts for Artist's services, provided that such engagements are to take place during the Term, as part of a series of engagements which have been approved by Artist, and do not exceed a single engagement (i.e., a so-called "one-nighter"); and
(c) subject to Artist's prior approval, approve and permit the use of Artist=s name (actual and professional), photograph, likeness, sound effects, caricature, and the like for purposes of advertising of any and all products and services and for any other purpose whatsoever;
(d) collect and receive any Gross Compensation payable to Artist; and
(e) audit and examine books and records of parties with whom Artist have contractual or other rights to audit and examine books and records.
2. Discussion. This is a provision pursuant to which the musician grants the manager the power to direct the musician=s career. These provisions need to be reviewed carefully to ensure that they are consistent with the musician=s goals and objectives. In addition, if there are any specific requirements, such as the right to attend school, keep a day job, etc., these provisions should be specifically negotiated and set forth in detail. For example, here is a provision I have used in management contracts to ensure that the musician will be allowed to attend college:
Manager recognizes, understands and agrees that Artist may attend school at The Berklee College of Music ("Berklee") full-time or part-time during the term or any renewal of this Contract. If Artist elects to attend Berklee, Manager agrees that all bookings, obligations, appearances and other obligations of Artist under this Agreement shall be coordinated and scheduled so as to not materially interfere with Artist's attendance at Berklee. Manager and Artist will work together to create a mutually agreeable calendar setting forth those dates during which Artist will be unavailable due to school commitments and any bookings, appearances or other obligations scheduled by Manager during the school year shall be subject to Artist's prior written consent, which consent shall not be unreasonably withheld.
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