The Brock Agency, Inc.
329 13th Ave., NW ~ Hickory, NC 28601 USA
Phone 828/781-2917 ~ Fax 828/322-3224 ~ email beverly@thebrockagency.com
AGENCY REPRESENTATION AGREEMENT
This AGREEMENT , made and entered into this _______ day of ______________, 2013 by and between __________________________________ (hereinafter referred to as “ you ”) and THE BROCK AGENCY, INC. (hereinafter referred to as the “Agency” ). In consideration of the Agency’s agreement to manage your career, you, the undersigned, hereby designate and appoint the Agency as your sole and exclusive agent and representative nationally in the fields of fashion modeling, runway, film, theatre, motion pictures, television, video, personal appearances, entertainment and advertising. The term of this Agreement shall be for a period of two (2) years from the date first set forth above, with one (1) mutual option to extend the term of this Agreement for a period of one (1) additional year upon the terms and conditions hereof. Said option shall be exercised, if at all, in writing within thirty (30) days prior to the end of the initial two (2) year period.
As compensation, you agree to pay the Agency a commission (the “Commission”) of twenty percent ( 20%) of “Gross Receipts” for print and promotional work and ten percent (10%) for film, television and commercial work, unless otherwise mutually agreed in writing. “ Gross Receipts ” means all amounts of money or other consideration of value received by you, or Agency on your behalf, from or in connection with any services you may provide in the entertainment field from contracts entered into by you during the term hereof (and all extensions or amendments thereof, whether entered into during the term or thereafter). You understand and agree that you shall not be entitled to receive any payment from the Agency until remuneration is actually received by the Agency. In the event the Agency is unable to collect any or all of such Gross Receipts from any third party you agree to suffer the loss along with the Agency.
The Agency makes NO GUARANTEE of placement in any field. You ARE guaranteed first class representation and promotion if you follow the procedures of updated photos, composite cards and/or actor’s headshot cards. These are promotional tools and are a MUST for success in the modeling and acting fields. At the end of six ( 6) months if YOU have not procured and supplied to Agency photos for promotional tools, this Agreement will be reviewed and may be terminated for this reason. Current photos and composites and headshot cards are mandatory.
The Agency WILL NOT provide you with any coverage for worker’s compensation, health insurance, state disability or state unemployment. You agree to indemnify and hold harmless the Agency and any party claiming by or through the Agency including its direct and indirect client(s) from and against any and all claims and/or responsibility relating to any services you might provide during the term hereof, including but not limited to claims relating to unemployment and worker’s compensation. You understand and acknowledge that you are NOT an employee of the Agency or of its direct or indirect client(s); rather you are for all purposes an independent contractor.
You understand and agree that in the event of the termination of this Agreement for any reason any compensation due to the Agency hereunder (including but not limited to residual payments and/or compensation due with respect to renewals or extensions of engagements obtained or contracts entered into during the term hereof) shall be paid to the Agency in a timely manner.
You agree to faithfully and diligently render first class services for and in connection with any engagement procured for you by the Agency. If you fail to do so, the Agency may, in its sole discretion, elect to terminate this Agreement upon notice to you, without prejudice to any claims the Agency may have against you, including without limitation with respect to any Commissions which may become due or payable. Upon such termination, you will pick up all of your property from the Agency, it being understood that the Agency will not hold any such property longer than thirty (30) days after the termination date.
You covenant and agree: (i) to not seek any employment opportunity through any third party agency during the term hereof without the prior written consent of the Agency, (ii) to not work for any client or other third party introduced to you by the Agency for a period of two (2) years after termination of this Agreement, and (iii) to use best efforts to notify the Agency at least twenty-four (24) hours prior to the scheduled call time of any cancellation.
You hereby appoint the Agency as your lawful agent with full authority to demand, collect, and receive in your name any and all payments, whether by check, cash or otherwise, to which you may become entitled pursuant to services rendered by you in the entertainment fields referenced above, and to collect and deposit any checks or other instruments for the payment of monies that may be payable to your order, and to sign photographic releases. In the event you collect monies directly for any engagement for your services, you shall pay the Agency the Commissions due within ten (10) business days. The Agency expressly acknowledges and agrees that it will submit all offers of engagement in writing to you and you agree to promptly thereafter provide the Agency with a written acceptance or rejection of all such offers of engagement prior to commitment.
This Agreement contains the entire agreement among the parties and it may only be amended or modified by a writing signed by both parties. For all purposes, this Agreement was entered into in Hickory, North Carolina and any claim or action arising in connection herewith shall be brought solely in the state or federal courts located in Catawba County, North Carolina.
The undersigned parties have executed this Agreement as of the date first set forth above.
THE BROCK AGENCY, INC.:
By: _____________________________
(An Authorized Representative)
By: _____________________________
MODEL/TALENT
Parent/Guardian Acknowledgment
I hereby represent and warrant to The Brock Agency, Inc. (the “Agency”) that:
(1) I am the Parent or Legal Guardian of __________________________________, the minor who has signed the Agreement (the “Minor ”) and I have full authority to sign this release on behalf of the Minor;
(2) I warrant that no other signature is required to make this acknowledgment effective;
(3) I have caused said Minor to sign the Agreement;
(4) I will not instruct, authorize or permit said Minor to disaffirm the Agreement; and
(5) I will indemnify and hold harmless the agency, its officers, directors, members, managers, agents, employees, affiliates, successors, assigns and licensees from and against any and all liability, losses, damages or expenses (including reasonable attorneys’ fees) incurred by reason of any breach or claim of breach of the foregoing representations and warranties .
Further, I acknowledge that I have been given ample opportunity to read, and I have carefully read, the entire Agreement. I certify that I fully understand the contents of the Agreement, that I am of sound mind, and that I intend for myself and said Minor to be legally bound by the terms, conditions, rights, obligations, covenants, representations, warranties and other provisions set forth in the Agreement. Knowing of the Agency’s reliance hereon, I agree to cause said Minor to adhere to all of the Agreement and its terms, conditions, rights, obligations, covenants, representations, warranties and other provisions.
Dated: __________________________ ____________________________________
(Signature)
Relationship to Minor: ______________ Print Name: _________________________
Phone: _____________________________
E-mail: _____________________________
The Brock Agency, Inc.
329 13th Ave., NW ~ Hickory, NC 28601 USA
Phone 828/322-8553 ~ Fax 828/322-3224 ~ email beverly@thebrockagency.com
AGENCY REPRESENTATION AGREEMENT
This AGREEMENT , made and entered into this _______ day of ______________, 2013 by and between __________________________________ (hereinafter referred to as “ you ”) and THE BROCK AGENCY, INC. (hereinafter referred to as the “Agency” ). In consideration of the Agency’s agreement to manage your career, you, the undersigned, hereby designate and appoint the Agency as your sole and exclusive agent and representative nationally in the fields of fashion modeling, runway, film, theatre, motion pictures, television, video, personal appearances, entertainment and advertising. The term of this Agreement shall be for a period of two (2) years from the date first set forth above, with one (1) mutual option to extend the term of this Agreement for a period of one (1) additional year upon the terms and conditions hereof. Said option shall be exercised, if at all, in writing within thirty (30) days prior to the end of the initial two (2) year period.
As compensation, you agree to pay the Agency a commission (the “Commission”) of twenty percent ( 20%) of “Gross Receipts” for print and promotional work and ten percent (10%) for film, television and commercial work, unless otherwise mutually agreed in writing. “ Gross Receipts ” means all amounts of money or other consideration of value received by you, or Agency on your behalf, from or in connection with any services you may provide in the entertainment field from contracts entered into by you during the term hereof (and all extensions or amendments thereof, whether entered into during the term or thereafter). You understand and agree that you shall not be entitled to receive any payment from the Agency until remuneration is actually received by the Agency. In the event the Agency is unable to collect any or all of such Gross Receipts from any third party you agree to suffer the loss along with the Agency.
The Agency makes NO GUARANTEE of placement in any field. You ARE guaranteed first class representation and promotion if you follow the procedures of updated photos, composite cards and/or actor’s headshot cards. These are promotional tools and are a MUST for success in the modeling and acting fields. At the end of six ( 6) months if YOU have not procured and supplied to Agency photos for promotional tools, this Agreement will be reviewed and may be terminated for this reason. Current photos and composites and headshot cards are mandatory.
The Agency WILL NOT provide you with any coverage for worker’s compensation, health insurance, state disability or state unemployment. You agree to indemnify and hold harmless the Agency and any party claiming by or through the Agency including its direct and indirect client(s) from and against any and all claims and/or responsibility relating to any services you might provide during the term hereof, including but not limited to claims relating to unemployment and worker’s compensation. You understand and acknowledge that you are NOT an employee of the Agency or of its direct or indirect client(s); rather you are for all purposes an independent contractor.
You understand and agree that in the event of the termination of this Agreement for any reason any compensation due to the Agency hereunder (including but not limited to residual payments and/or compensation due with respect to renewals or extensions of engagements obtained or contracts entered into during the term hereof) shall be paid to the Agency in a timely manner.
You agree to faithfully and diligently render first class services for and in connection with any engagement procured for you by the Agency. If you fail to do so, the Agency may, in its sole discretion, elect to terminate this Agreement upon notice to you, without prejudice to any claims the Agency may have against you, including without limitation with respect to any Commissions which may become due or payable. Upon such termination, you will pick up all of your property from the Agency, it being understood that the Agency will not hold any such property longer than thirty (30) days after the termination date.
You covenant and agree: (i) to not seek any employment opportunity through any third party agency during the term hereof without the prior written consent of the Agency, (ii) to not work for any client or other third party introduced to you by the Agency for a period of two (2) years after termination of this Agreement, and (iii) to use best efforts to notify the Agency at least twenty-four (24) hours prior to the scheduled call time of any cancellation.
You hereby appoint the Agency as your lawful agent with full authority to demand, collect, and receive in your name any and all payments, whether by check, cash or otherwise, to which you may become entitled pursuant to services rendered by you in the entertainment fields referenced above, and to collect and deposit any checks or other instruments for the payment of monies that may be payable to your order, and to sign photographic releases. In the event you collect monies directly for any engagement for your services, you shall pay the Agency the Commissions due within ten (10) business days. The Agency expressly acknowledges and agrees that it will submit all offers of engagement in writing to you and you agree to promptly thereafter provide the Agency with a written acceptance or rejection of all such offers of engagement prior to commitment.
This Agreement contains the entire agreement among the parties and it may only be amended or modified by a writing signed by both parties. For all purposes, this Agreement was entered into in Hickory, North Carolina and any claim or action arising in connection herewith shall be brought solely in the state or federal courts located in Catawba County, North Carolina.
The undersigned parties have executed this Agreement as of the date first set forth above.
THE BROCK AGENCY, INC.:
By: _____________________________
(An Authorized Representative)
By: _____________________________
MODEL/TALENT
Parent/Guardian Acknowledgment
I hereby represent and warrant to The Brock Agency, Inc. (the “Agency”) that:
(1) I am the Parent or Legal Guardian of __________________________________, the minor who has signed the Agreement (the “Minor ”) and I have full authority to sign this release on behalf of the Minor;
(2) I warrant that no other signature is required to make this acknowledgment effective;
(3) I have caused said Minor to sign the Agreement;
(4) I will not instruct, authorize or permit said Minor to disaffirm the Agreement; and
(5) I will indemnify and hold harmless the agency, its officers, directors, members, managers, agents, employees, affiliates, successors, assigns and licensees from and against any and all liability, losses, damages or expenses (including reasonable attorneys’ fees) incurred by reason of any breach or claim of breach of the foregoing representations and warranties .
Further, I acknowledge that I have been given ample opportunity to read, and I have carefully read, the entire Agreement. I certify that I fully understand the contents of the Agreement, that I am of sound mind, and that I intend for myself and said Minor to be legally bound by the terms, conditions, rights, obligations, covenants, representations, warranties and other provisions set forth in the Agreement. Knowing of the Agency’s reliance hereon, I agree to cause said Minor to adhere to all of the Agreement and its terms, conditions, rights, obligations, covenants, representations, warranties and other provisions.
Dated: __________________________ ____________________________________
(Signature)
Relationship to Minor: ______________ Print Name: _________________________
Phone: _____________________________
E-mail: _____________________________