The Band Contract serves as a fundamental legal framework for musical groups operating in New Zealand's entertainment industry. This document is essential when formalizing a band's internal structure, particularly during formation, when adding new members, or when entering into professional management or recording arrangements. The contract addresses crucial aspects such as band membership, revenue distribution, intellectual property rights, and decision-making processes, all while ensuring compliance with New Zealand's legal requirements including the Copyright Act 1994 and Contract and Commercial Law Act 2017. It provides clarity on roles, responsibilities, and dispute resolution mechanisms, helping prevent future conflicts and establishing a solid foundation for the band's business operations.
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1. Parties: Identifies all band members and any other contracting parties (e.g., management company, record label)
2. Background: Outlines the formation of the band, its current status, and the purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Band Membership: Establishes current members and their roles, procedures for adding/removing members
5. Band Name and Branding: Ownership and usage rights of the band name, logos, and other intellectual property
6. Decision Making: Voting rights and procedures for band decisions
7. Revenue and Expenses: Distribution of income, sharing of costs, and financial management
8. Intellectual Property: Ownership and administration of songs, recordings, and other creative works
9. Member Obligations: Commitments, responsibilities, and expected conduct of band members
10. Dispute Resolution: Procedures for resolving conflicts between members
11. Termination: Conditions and procedures for ending the agreement or member departure
12. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Recording Agreement: Terms specific to recording contracts when the band has a record deal
2. Touring Provisions: Specific terms for live performances and tours when the band regularly performs
3. Merchandise Rights: Terms for creation, sale, and revenue sharing of band merchandise
4. Social Media Management: Guidelines for managing band social media accounts and online presence
5. Equipment Ownership: Terms regarding jointly owned band equipment and instruments
6. Publishing Rights: Detailed provisions for managing and exploiting publishing rights
7. Manager Responsibilities: Specific duties and authority of band management if applicable
8. Non-Compete Clauses: Restrictions on members' participation in other musical projects
1. Schedule 1 - Current Band Members: List of current members, their roles, and contact details
2. Schedule 2 - Revenue Sharing Formula: Detailed breakdown of how different revenue streams are shared
3. Schedule 3 - Band Assets: Inventory of band-owned equipment, instruments, and other assets
4. Schedule 4 - Existing Musical Works: Catalog of band's existing songs and recordings with ownership details
5. Schedule 5 - Band Trade Marks: List of registered and unregistered trade marks owned by the band
6. Appendix A - Band Member Code of Conduct: Detailed expectations for professional behavior and commitment
7. Appendix B - Approved Band Expenses: List of pre-approved expenses and spending limits
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