Band Partnership Agreement Checklist

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Starting a new band or musical group? Want the band’s journey and future to remain on the right track?

Make sure you settle the terms of engagement with relevant Band Members upfront and reflect the relationship in the wording of your Band Partnership Agreement. The last thing you want is to fail as a band because not everyone in the group was on the same page from the beginning.

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This Band Partnership Agreement covers important terms and questions band members should be considering, including what the band's activities are, who the official members are, what the band's official name is, who gets to make decisions, budget considerations, and how assets and income will be managed and distributed. Submit your answers to the following questions and we can get started on drafting a Band Partnership Agreement to suit your needs. If you're not sure about certain questions, you’ll probably need legal advice, so just put ‘I don’t know’ or get in touch!

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1. Parties to the Contract

A. What is the name, address and ABN of all members of the Band?
B. What is the Band's performing name?

2. Activities

A. What role is each member of the Band playing or doing (i.e. what services are being provided by each Band Member)?
B. What commitment is expected of each Band Member (time commitments or availability on a first priority basis)?
C. Where will the Band meet, write, rehearse or work from?
D. Are there any restrictions on a Band Member's other activities (e.g. no competing projects or solo work)?

3. Band Name

A. What will happen to the Band Name if the Band splits?
B. Will you register trade marks in the Band Name and/or logo (or do trade marks already exist)? If so, who will own the trade mark?

4. Band Members

A. Did all the Band Members get together at the same time? If not, who were the founding Band Members and is there a specific founding date?
B. How will new Band Members be introduced?
C. Do all Band Members have the same rights and entitlements or will there be a controlling Band Member?
D. Will the Band continue to work together for a set time or indefinitely?

5.Decision Making

A. How will decisions be made as a Band (unanimous, minimum vote or designated responsibility)?
B. Who has the final say in decisions (if anyone)?
C. Will things be different for certain decisions (e.g. financial vs creative, live vs recording)?

6. Costs and Budget

A. Do you have agreed set budgets (or will you agree to set budgets)?
B. What finances or equipment have been invested by each Band Member (if any)?
C. Who will meet costs that can't be paid for with the Band's money?

7. Income, Accounting and Asset Split

A. How will the Band's income be split and distributed and who is responsible for arranging the distribution?
B. Who will be in charge of approving payments to third parties (e.g. the Band Manager)?
C. Will all income be split in the same way (consider the different income streams – e.g. live performances, recording, merchandise and song writing)?
D. How will song ownership (and related income) be determined (consider having a fall-back position if each song will be owned in different percentages)? Practically, you'll have to consider how much 'input' is required before a song will be considered a 'co-write'.
E. Who will own recordings, merchandise, marketing materials and songs (and all related rights) if the Band splits up?
F. Do you need to clarify ownership of any existing assets (including equipment and property as well as recordings, songs and artwork)?

8. Leaving Band Members

A. How can a Band Member be kicked-out or elect to leave? What is the time-frame for this? Does the same process aply to all Band Members?
B. Will a new Band Member have a trial period?
C. What happens if a Band Member leaves, gets kicked-out or becomes incapable of participating? What if all Band Members want out as a consequence?
D. How will value, assets or debts be divided if the Band breaks up?

9. Special Conditions

A. Are there any special conditions that apply to this arrangement?

Your Details

Nearly there! Provide your details below and we'll let you know what else we need to get started.
Your Name
Your Email Address
Your Contact Number
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