Managers, Managers, Managers...
So, you’ve played a few gigs, have some ever-loving fans, and may have your own web site! Cool. You can see a future in your music, and have started to think about getting a manager.

Who would be best suited, and how do you set up the management relationship? And what should it involve - exactly what does a manager do for you? Apart from tell you that you rock! Getting one of your friends involved is one option, or you might want to hire someone with suitable band or management skills. How do you get the right person, and how do you get the relationship right?

Check out the “Managing” page of the “WAM Guff - The Notes” section for more info on some of these issues. Then read on...

Essentially, a manager acts on your behalf in promoting, booking and securing work or deals for you, in return for a commission and reimbursement of some expenses. Some managers will simply book gigs and others might do a lot more, like getting involved in your creative decisions, or try to get you a digital distribution deal throughout Europe!

Note: these pages are written from a band or artists’ perspective, not a manager’s. Sorry, guys. Try the IMMF for some help, eh?

Choosing a Manager
If you’re serious about things in this increasingly competitive music industry, it is important to look at the skills of a potential manager in a number of areas, just like you might for any “professional” you are going to engage and pay for the time, services - and skills.

Your pals may have plenty of enthusiasm, but consider the aspects a manager should have, like:

• Qualifications - do they have qualifications in business, accounting or management?
• Experience - are they handling bands already or have experience in managerial roles?
• Time - can they commit sufficient time to the band in addition to other commitments?
• Contacts - do they have contacts in the industry, both across Australia and overseas?
• Results - if they are established, have their existing bands done well and been happy?

Depending on your plans (and the contract), you want to make sure you get the right person!

Management Contract
Once you’ve done your research, asked around and found someone you like and think will work well with you and your ambitions, and seems capable to get you results, how should you go about creating or formalising the "management" relationship?

It is best to have a written management contract that clearly sets out the rights and obligations of both the band and the manager. You will be entering into a close working relationship, so to reduce the potential for misunderstandings, disputes or problems down the track, the various aspects of your relationship should be clearly defined. See the “Contracts Generally” section for more info.

A management agreement is, in essence, your manager’s agreement to provide services to you in return for a commission and repayment of expenses. There are several key areas for you to consider, and there is no such thing as a “standard contract”, although of course some things are commonly agreed in the industry. But you don't need to follow that, it is always negotiable!

Term
The term of a management agreement is usually structured so there is an initial period of 1 to 2 years (but can be up to 3 or even 5 in some cases), followed by various options to extend, often at the discretion of the manager. Stick with a period of time you are happy with (including shorter periods until you get going and know its working well) and, ideally, retain approval to any extensions.

It's a balance though for the "term" - a short term might not give your manager enough incentive. Too long might just really suck.

In any case, there should be a termination clause. This should allow you to terminate if your manager is not performing his or her obligations under the contract, perhaps within a reasonable time to fix things first. You can also include other grounds or reasons to terminate such as if your manager goes bankrupt. If your manager is inexperienced, or you’d like to see how things work out, you may consider including a “trial period”, where either of you can terminate immediately (by written notice) in, say, the first 3 months.

Territory
The “territory” referred to in a management contract is the area your manager must cover, and if it's an exclusive deal (described below), it is the area he or she has exclusivity as your manager. It can often be a good idea to start with local territory first (WA or Australia, or NZ too eh bro?), or only have the manager represent you where he or she has business contacts or experience.

It’s also a balance as well - a larger territory may provide an incentive, but may also stop you getting a separate manager who is experienced or connected in a different part of the world. Managers prefer "world", but perhaps they need to earn it or be worth it?

It’s common to allow a manager to appoint a “co-manager” to represent you overseas (or interstate). A co-manager’s appointment should really be subject to your prior approval. Any co-manager will usually split the total commission, according to the work done outside the main manager’s areas, which means you are not paying the commission twice (but do get access to the work of both).

Exclusivity
Most management agreements will state the manager has been appointed as “exclusive” manager, meaning that you can’t appoint or use any other manager in the “territory” during the "term". If you want a new manager, you’ll need to either terminate the contract, get your manager to agree to step down, or pay your manager out of the contract! Hence, the term (and termination) is important.

Even with exclusivity over you, contracts often allow a manager to look after other performers as well as you. Whilst this is more or less common, consider including a clause that requires your manager not to devote too much time to other artists as to jeopardise your interests or career, and when you do your “manager research”, try to work out if they might already be overcommitted. You could also add into your agreement that your manager must consult with you before taking on any other bands, if it may conflict.

Your Manager’s Powers and Authority
You should think very carefully about the scope of “powers” and authority you wish to give your manager - i.e. what they can do on your behalf. In essence, this is what you engage the manager to do for you - in being "your manager", what exactly can he/she do?

It is important to limit what you authorise or empower your manager to do in the contract, so that, for example, you have to give your approval before your manager locks you into a legally binding contract or touring commitments. You should also consider whether the manager's power or authority apply throughout the music industry only, or right throughout the broader “entertainment” industry. There is a lot of detail to consider here, and that's where it can be worth getting advice, or looking at some of the "checklists" below.

If the manager wants to appoint a ‘personal manager’ to help look after you or a ‘business manager’ to deal with all financial matters, including where those additional areas are outside the powers your manager has, that appointment should require your consent.

Manager’s Obligations or Duties
The way a manager’s obligations are expressed in a contract is important for two reasons. First, it makes it clear what is or isn’t expected of them. Second, depending on the termination clause, your ability to terminate may depend on your manager specifically breaching the stated obligations. If the obligations are vague or ambiguous, you may not be able to enforce any “non-performance”.

A manager should be required to use “best endeavours” to do the core things like promoting the band and developing the band or artist’s career, getting contracts with labels or publishers, booking gigs, overseeing sponsorship and merchandise and even co-coordinating videos and websites etc. At the least, the requirement can be “reasonable endeavours (or efforts)” but that is 'lesser'.

The specific obligations or duties should be clearly set out in the contract relating to all the things you are expecting your manager to do. Depending on your manager’s qualifications, if you would prefer to appoint a separate person to fulfil specific obligations, such as an accountant to deal with financial matters and keeping track of income / expenses, then this would also be worth setting-out. Again, there is a fair bit of 'detail' to consider in terms of these obligations, so consider getting some advice or reviewing a checklist.

Artist’s Obligations
Your obligations in a management contract are generally minimal: to co-operate and do things your manager arranges, including publicity, performances, tours etc, provided it is reasonable for you to do so, and where reasonable notice has been given to you.

Managers, Managers, Managers...
So, you’ve played a few gigs, have some ever-loving fans, and may have your own web site! Cool. You can see a future in your music, and have started to think about getting a manager.

Who would be best suited, and how do you set up the management relationship? And what should it involve - exactly what does a manager do for you? Apart from tell you that you rock! Getting one of your friends involved is one option, or you might want to hire someone with suitable band or management skills. How do you get the right person, and how do you get the relationship right?

Check out the “Managing” page of the “WAM Guff - The Notes” section for more info on some of these issues. Then read on...

Essentially, a manager acts on your behalf in promoting, booking and securing work or deals for you, in return for a commission and reimbursement of some expenses. Some managers will simply book gigs and others might do a lot more, like getting involved in your creative decisions, or try to get you a digital distribution deal throughout Europe!

Note: these pages are written from a band or artists’ perspective, not a manager’s. Sorry, guys. Try the IMMF for some help, eh?

Choosing a Manager
If you’re serious about things in this increasingly competitive music industry, it is important to look at the skills of a potential manager in a number of areas, just like you might for any “professional” you are going to engage and pay for the time, services - and skills.

Your pals may have plenty of enthusiasm, but consider the aspects a manager should have, like:

• Qualifications - do they have qualifications in business, accounting or management?
• Experience - are they handling bands already or have experience in managerial roles?
• Time - can they commit sufficient time to the band in addition to other commitments?
• Contacts - do they have contacts in the industry, both across Australia and overseas?
• Results - if they are established, have their existing bands done well and been happy?

Depending on your plans (and the contract), you want to make sure you get the right person!

Management Contract
Once you’ve done your research, asked around and found someone you like and think will work well with you and your ambitions, and seems capable to get you results, how should you go about creating or formalising the "management" relationship?

It is best to have a written management contract that clearly sets out the rights and obligations of both the band and the manager. You will be entering into a close working relationship, so to reduce the potential for misunderstandings, disputes or problems down the track, the various aspects of your relationship should be clearly defined. See the “Contracts Generally” section for more info.

A management agreement is, in essence, your manager’s agreement to provide services to you in return for a commission and repayment of expenses. There are several key areas for you to consider, and there is no such thing as a “standard contract”, although of course some things are commonly agreed in the industry. But you don't need to follow that, it is always negotiable!

Term
The term of a management agreement is usually structured so there is an initial period of 1 to 2 years (but can be up to 3 or even 5 in some cases), followed by various options to extend, often at the discretion of the manager. Stick with a period of time you are happy with (including shorter periods until you get going and know its working well) and, ideally, retain approval to any extensions.

It's a balance though for the "term" - a short term might not give your manager enough incentive. Too long might just really suck.

In any case, there should be a termination clause. This should allow you to terminate if your manager is not performing his or her obligations under the contract, perhaps within a reasonable time to fix things first. You can also include other grounds or reasons to terminate such as if your manager goes bankrupt. If your manager is inexperienced, or you’d like to see how things work out, you may consider including a “trial period”, where either of you can terminate immediately (by written notice) in, say, the first 3 months.

Territory
The “territory” referred to in a management contract is the area your manager must cover, and if it's an exclusive deal (described below), it is the area he or she has exclusivity as your manager. It can often be a good idea to start with local territory first (WA or Australia, or NZ too eh bro?), or only have the manager represent you where he or she has business contacts or experience.

It’s also a balance as well - a larger territory may provide an incentive, but may also stop you getting a separate manager who is experienced or connected in a different part of the world. Managers prefer "world", but perhaps they need to earn it or be worth it?

It’s common to allow a manager to appoint a “co-manager” to represent you overseas (or interstate). A co-manager’s appointment should really be subject to your prior approval. Any co-manager will usually split the total commission, according to the work done outside the main manager’s areas, which means you are not paying the commission twice (but do get access to the work of both).

Exclusivity
Most management agreements will state the manager has been appointed as “exclusive” manager, meaning that you can’t appoint or use any other manager in the “territory” during the "term". If you want a new manager, you’ll need to either terminate the contract, get your manager to agree to step down, or pay your manager out of the contract! Hence, the term (and termination) is important.

Even with exclusivity over you, contracts often allow a manager to look after other performers as well as you. Whilst this is more or less common, consider including a clause that requires your manager not to devote too much time to other artists as to jeopardise your interests or career, and when you do your “manager research”, try to work out if they might already be overcommitted. You could also add into your agreement that your manager must consult with you before taking on any other bands, if it may conflict.

Your Manager’s Powers and Authority
You should think very carefully about the scope of “powers” and authority you wish to give your manager - i.e. what they can do on your behalf. In essence, this is what you engage the manager to do for you - in being "your manager", what exactly can he/she do?

It is important to limit what you authorise or empower your manager to do in the contract, so that, for example, you have to give your approval before your manager locks you into a legally binding contract or touring commitments. You should also consider whether the manager's power or authority apply throughout the music industry only, or right throughout the broader “entertainment” industry. There is a lot of detail to consider here, and that's where it can be worth getting advice, or looking at some of the "checklists" below.

If the manager wants to appoint a ‘personal manager’ to help look after you or a ‘business manager’ to deal with all financial matters, including where those additional areas are outside the powers your manager has, that appointment should require your consent.

Manager’s Obligations or Duties
The way a manager’s obligations are expressed in a contract is important for two reasons. First, it makes it clear what is or isn’t expected of them. Second, depending on the termination clause, your ability to terminate may depend on your manager specifically breaching the stated obligations. If the obligations are vague or ambiguous, you may not be able to enforce any “non-performance”.

A manager should be required to use “best endeavours” to do the core things like promoting the band and developing the band or artist’s career, getting contracts with labels or publishers, booking gigs, overseeing sponsorship and merchandise and even co-coordinating videos and websites etc. At the least, the requirement can be “reasonable endeavours (or efforts)” but that is 'lesser'.

The specific obligations or duties should be clearly set out in the contract relating to all the things you are expecting your manager to do. Depending on your manager’s qualifications, if you would prefer to appoint a separate person to fulfil specific obligations, such as an accountant to deal with financial matters and keeping track of income / expenses, then this would also be worth setting-out. Again, there is a fair bit of 'detail' to consider in terms of these obligations, so consider getting some advice or reviewing a checklist.

Artist’s Obligations
Your obligations in a management contract are generally minimal: to co-operate and do things your manager arranges, including publicity, performances, tours etc, provided it is reasonable for you to do so, and where reasonable notice has been given to you.