AFM Entertainment Booking Agreement

AFM Entertainment ("Service") is an online engagement booking and referral service, maintained for the members of the American Federation of Musicians of the United States and Canada ("Federation"), to enhance employment opportunities for the Federation's members-in-good-standing. The term "Local Union" when used herein shall refer to the Local of the Federation with jurisdiction over the territory in which an engagement is to be performed.

1) In accepting this agreement and terms of service, you verify that you are authorized to represent the Act as leader and approve the terms of any engagements booked with Service (“Leader”). The term “Participating Musician” shall be defined as any performing member of the Act, including Leader.

2) Service exists to advertise and promote musical services of registered member orchestras, bands, ensembles, and solo artists ("Acts") to any and all individuals and/or organizations who seek to engage professional musicians ("Purchasers"); and to facilitate the completion of contractual arrangements between Acts and Purchasers for musical engagements.

3) Act agrees that Service will be its non-exclusive representative during the full duration of time that the Act is registered on AFM Entertainment’s website, at www.afmentertainment.org (“Website”) and approved by Agency ("Term"). The Agency or the Act may terminate the arrangement at any time by providing notification through email or postal mail. Service will communicate with Act using any contact information provided by Act; all correspondence to Service should be sent to admin@afmentertainment.org or to:

AFM Entertainment
1501 Broadway Ste 600
New York, NY 10036

4) Act agrees that a commission calculated on gross wages will be paid to Service on each engagement booked by AFM Entertainment. In conformity with the AFM Booking Agent Agreement, the maximum commission shall be 20%, although in most cases the rate will be lower. Act will be notified of the applicable commission before acceptance of any engagement.

5) Act hereby authorizes Service to collect from Purchaser in advance a deposit on behalf of the Act and administered by the Federation. The Act further authorizes the deduction from such deposit any commissions, dues and fees owed by the Leader and/or Participating Musician(s to Service or the Local Union, by virtue of Union Membership, or which have arisen from this contract for engagement. Service will forward net deposit (after deductions) to Leader. Leader shall receive remaining wages due directly from Purchaser no later than the completion of engagement. Leader agrees to distribute payment to Participating Musicians in accordance with terms of this agreement.

6) Act and Service agree that net wages (after payment of all commissions) and working conditions for all engagements obtained through the Service must be at least equal to the Local Union wage scales applicable to such engagements, for all Participating Musicians of the Act.

7) Act shall enter into a participation agreement with the American Federation of Musicians and Employers' Pension Fund (“AFM-EPF”) and the Local Union and shall remit appropriate contributions on behalf of Participating Musician(s) on any engagement subject to pension contributions. Leader shall remit appropriate Health and Welfare Fund contributions on behalf of Participating Musician(s) where applicable.

8) No employer-employee relationship between Service and Act is intended or created by this agreement. Act hereby acknowledges that Service shall not be responsible for the payment of state and/or federal taxes of any kind on behalf of the Leader and Participating Musician(s) in connection with any engagement booked by Service.

9) Act is prohibited from changing the terms of any engagement, including but not limited to payment, duration and Participating Musicians, that was booked by AFM Entertainment, without prior written authorization by the Service.

10) Act agrees there will be no direct communication between potential Purchaser(s) and Act.

11) Act agrees that all booking related inquiries received during any engagement booked by AFM Entertainment will be forwarded or directed to AFM Entertainment rather than handled by the Act itself. If available, Act agrees to distribute AFM Entertainment approved/provided promotional materials (e.g. business cards) for this purpose. Act agrees that any request for another engagement by the same Purchaser will be directed to AFM Entertainment.

12) Act agrees that with the sole exception of AFM Entertainment approved/provided promotional materials, no promotional materials of any kind will be distributed to Purchaser or any other party at an engagement booked by AFM Entertainment.

13) Any member in-good-standing who has a complaint or dispute arising from an engagement or a prospective engagement administered by the Service may file a written complaint with the Federation President detailing the specifics of the complaint. Such complaint must be filed within 30 days following the incident giving rise to the complaint.

14) Upon receipt of a written complaint, the Federation President or his designee shall communicate with all parties involved in an attempt to resolve the complaint or dispute. If the dispute cannot be resolved in this manner, a complaining party shall have the right to request submission of the dispute to the International Executive Board for adjudication, whose decision shall be final and binding upon the parties.

15) Service reserves the right, but has no obligation, to monitor the materials posted on the Website. Service shall have the right, but not the obligation, to remove or edit the listing of an Act on the Website at any time, for any reason, or that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Service reserves the right to crop or reject any photo at its discretion. Service reserves the right to reject any audio or video sample at its discretion.

16) Notwithstanding the right described above in #13, you remain solely responsible for the content of the materials you post in the Website.

17) Act, including Leader and/or Participating Musicians, or a licensee, will obtain and pay for any and all clearances or licenses required for the use of any content uploaded to the website, including, but not limited to, audio files, photos and videos ("Authorized Content").

18) Names and Likenesses; Promotional Use and Opportunities: You hereby grant to us, during the Term, the right to use the names and approved likenesses of, and biographical material concerning any Acts, as well as any Authorized Content, in any marketing materials for the sale, promotion and advertising of the Service.

19) Modification, Termination and Effect of Termination: We reserve the right to change, modify, add to, or remove all or part of this Agreement, in our sole discretion, at any time. In the event that you do not consent to any such proposed changes, your sole recourse shall be to terminate the Term of this Agreement, by notice to us as provided above, and your failure to do so within ten (10) days of the date of any such email from us to you shall constitute your acceptance of such changes. The expiration or termination of the Term will not relieve either you or us from our respective obligations incurred prior to or during the Term. Accordingly, applicable provisions of this Agreement will continue to apply even after the expiration of the Term.

20) Indemnification: You hereby indemnify, save, and hold Service, Federation, its employees, any Local Union, or their employees harmless from any and all damages, liabilities, costs, losses and expenses (including, but not limited to, legal costs and attorneys' fees) arising out of or connected with any claim, demand, or action which is inconsistent with any of the warranties, representations, covenants or agreements made by you in this Agreement, including, but not limited to, your representations and warranties regarding copyrights or any other rights in and to any other forms of intellectual property. You will reimburse us, on demand, for any payment made by us at any time with respect to any damage, liability, cost, loss or expense to which the foregoing indemnity applies. Pending the determination of any claim, demand, or action, we may, at our election, withhold payment of any monies otherwise payable to you hereunder in an amount which does not exceed your potential liability to us pursuant to this paragraph.

21) Additional Representations and Warranties of the Parties: a. Leader represents and warrants that he or she has the full authority to act on behalf of Act and any and all Participating Musicians.
b. Act represents and warrants that it or controls the necessary rights in order to make the grant of rights, licenses and permissions herein, and that the exercise of such rights, licenses and permissions by us shall not violate or infringe the rights of any third party.
c. Act and Service represent and warrant that neither party will act in any manner which conflicts or interferes with any existing commitment or obligation of the other party, and that no agreement previously entered into by Act or Service will interfere with the performance of any obligations under this Agreement.
d. Each party represents and warrants that it shall perform its obligations hereunder in full compliance with any applicable laws, rules and regulations of any governmental authority having jurisdiction over such performance. this paragraph.

Effective Date: November 4, 2011