Thinking About a Contract With Your Artist? Here are some things to consider.

In our industry, artist–rep relationships are built on trust, shared vision, and the hope of creating something meaningful together. When an artist and a rep decide to collaborate, both parties make a real commitment: the artist is entrusting their career to someone new, and the rep is investing time, resources, and years of experience to help that career grow.

Not everyone chooses to formalize that relationship, and that’s perfectly valid. But if you are considering putting things in writing, a contract isn’t about mistrust; it’s about clarity, protection, and mutual respect. It simply ensures that both sides understand the expectations, responsibilities, and boundaries that help a partnership thrive.

With that in mind, we have compiled some considerations for contracts and conversations.

Reps Invest Long Before Income Appears
When a rep and artist begin a new relationship, the investment starts immediately: building marketing campaigns, hiring/assigning staff to support the account, socializing with clients, producing materials, and promoting the work. All of this happens long before a commission is earned. 

If you choose to proceed with a contract, it acknowledges this upfront risk. It ensures that if the partnership ends before revenue is generated, the representative’s investment and commitment are respected.

Talking About the Hard Stuff Early
With or without a contract, It’s always better to discuss the difficult topics at the start of a relationship rather than at the end of a relationship when emotions could run high. Contracts force questions to be answered that can otherwise linger in the background: How are expenses handled? What is the commission structure? What happens if either side decides to move on?

By putting expectations into writing early, both parties can focus on the creative work; not on uncertainty.

Defining the Relationship Clearly
One of the greatest benefits of a contract is that it defines roles and responsibilities. And, if you choose not to proceed with a contract, it is still a good idea to discuss these items.

Some examples are as follows:

• Who manages outreach and client communication?

• Which expenses are covered by the rep, and which need approval? What is covered by the artist?

• How house accounts are treated.

• What the fee structure looks like.

• How is billing handled?

• How is severance handled?

With clarity on these points, the partnership runs more smoothly, and both sides know exactly where they stand.

Protecting Hard-Earned Relationships
Reps spend entire careers cultivating client relationships. We share them freely with our artists because we believe in collaboration and growth. A contract acknowledges the value of those connections and ensures that if the partnership ends, everyone’s contributions are respected.

Staffing and Infrastructure Commitments
Often, a rep hires staff specifically to support an artist’s workload. If an artist leaves suddenly, it takes time to restructure and reassign that work. A contract provides a fair transition period that protects both the rep’s team and the artist’s clients from disruption.

The Commission Model
Most reps only receive a commission to represent an artist. Income is derived solely from approved jobs, not a salary or monthly fee. In the meantime, they cover the costs of travel, promotions, staffing, and networking. This model only works if both sides understand the financial risk and the protections in place, which is where a contract could be helpful.  

How Contracts Protect Artists Too

It’s important to note that contracts aren’t just for the rep’s benefit. They also protect artists by ensuring:

• Clear definitions of what the rep will do and what remains the artist’s responsibility.

• Transparency around commission percentages and expenses.

• Protection for house accounts (when relevant) so artists retain control of their long-standing clients.

• A fair exit clause so artists feel in control of their next steps.

• A written commitment that their rep will advocate for them, protect their work, and invest in their careers.

For artists, a contract can provide peace of mind and a guarantee that their best interests are represented.

Questions to Ask When Creating a Contract
Whether you are building a contract or not, there are key questions both reps and artists should ask to ensure the relationship and any agreement put in place is fair, clear, and comprehensive. Here are a few to consider. Please review any contracts with your legal advisors.

1. Scope of Representation

   • What territories will the rep cover?

   • Does representation apply to all categories of work or only certain ones?

   • Which fees are commissionable?

   • What services will the rep provide (researching leads, contacting clients, sharing work, maintaining relationships)?

   • Does the rep have authority to enter into binding contracts on the artist’s behalf?

2. Artist Responsibilities

   • What does the rep need from the artist (banking details, visa information, insurance, updated work, website maintenance)?

   • What are the expectations around responsiveness and the artist’s approval to take on work?

3. Marketing & Promotion

   • Does the rep have permission to share the artist’s work on their website, social media, ads, or other channels?

   • Who is responsible for marketing and promotional expenses?

4. Financial Terms

   • What are the commission percentages and how are fees calculated?

   • What are the payment terms (timing, invoicing, collection)?

   • Are there any setup or recurring fees?

5. Exclusivity

   • Is the artist permitted to work with other reps for particular markets or in particular territories? 

   • Are there any restrictions on the rep’s ability to represent other artists?

6. Term & Termination

   • Is there a suggested or mandatory initial term of representation?

   • Are there any restrictions around termination?

   • Are there any post-termination obligations (e.g., who will handle billing for WIP, is the rep entitled to commissions for work performed during a post-termination period)?

7. Risk & Liability

   • What happens in cases of third-party infringements?

   • Will the rep be part of settlements?

   • Who pays for legal or accounting fees if outside services are required?

   • Is indemnification required?

   • Is there a confidentiality clause?

8. Legal Framework

   • Which state’s laws will govern the contract?

   • What’s the agreed-upon process if disputes arise?

   • In the event of litigation between the rep and artist, can the prevailing party recover attorney’s fees?

Asking these questions upfront creates transparency and trust, while avoiding misunderstandings later.

Considering Severance and Post-Termination Terms

Another important consideration when entering into a new artist-rep relationship is what happens when that relationship ends.

A representative often makes significant investments of time, resources, relationships, staff, marketing, and expertise well before those efforts result in income. Because opportunities can take months, or even longer, to develop, the financial impact of the rep’s work may extend beyond the date the representation itself ends.

For that reason, it is important for the artist and rep to discuss at the beginning of the relationship whether there will be any post-termination obligations and, if so, how those obligations will work. There is no single approach that will be appropriate for every relationship. The structure should reflect the nature of the representation, the business being conducted, and what both parties consider fair and reasonable.

When discussing post-termination terms with your legal advisor, some questions to consider include:

• What happens to opportunities or jobs already in progress at the time the relationship ends?

• Is the rep entitled to commissions from certain work that results from efforts or relationships developed during the representation?

• How should additional usage, renewals, extensions, or other income connected to work negotiated during the representation be handled?

• Should the length of the relationship have any bearing on the post-termination obligations?

• How long, if at all, should post-termination obligations continue?

• Who will manage outstanding estimates, contracts, billing, collections, usages, and other business already underway?

• Are there circumstances in which the artist and rep may mutually agree to a different arrangement at the time of termination?

Thinking through these issues at the beginning of the relationship can help both parties establish terms that feel fair and appropriate for their particular partnership. Clear expectations can recognize the investments and commitments made during the relationship while giving both the artist and rep a more predictable and professional path forward if the representation ends.

Because the appropriate structure can vary considerably depending on the circumstances and applicable law, any severance or post-termination provisions should be reviewed with your legal advisor.

Important Considerations Within the Severance Period
Severance terms can feel difficult to discuss, but putting them in writing is one of the clearest demonstrations of mutual respect. They acknowledge the real commitments made on both sides and ensure that parting ways, if it happens, can be handled with professionalism and fairness.

Here are some things to consider when drafting your severance plan:

• Be explicit about what constitutes commissionable income: Is it a client call that occurs during the severance period? Or only approved jobs within that timeframe? Does it include jobs that are booked during the severance period, or only those jobs actually performed? 

• Define whether a lead that begins during severance but closes afterward still triggers commission. For example, if the severance runs from January 1 to March 30, and a client call in February results in an awarded job in April, does the rep earn commission?

• Clarify how to handle additional usage negotiated earlier in the relationship. If the rep secured usage terms years prior, but the client only exercises and approves that usage after the severance period ends, does the rep still receive commission? Does the billing for the renewed/extended usage go through the rep or through the artist?

Addressing these scenarios upfront prevents confusion and ensures both artist and rep can transition smoothly without disputes later.

The Risks of Not Having a Contract
While contracts may feel formal or even uncomfortable at the beginning of a partnership, the absence of one can create far greater challenges down the road. Without a clear agreement in place, both reps and artists are left vulnerable to miscommunication, unmet expectations, and financial risk. Some of the most common pitfalls include:

• Unclear Roles and Responsibilities
  Without defined expectations, artists may assume reps will handle tasks outside their scope, or reps may expect artists to take on work that should be supported. This leads to frustration, inefficiency, and sometimes lost opportunities.

• Disputes Over Money
  Commission percentages, expense approvals, and payment terms are often the first sources of conflict when they aren’t spelled out in writing. Without a contract, disagreements can quickly turn into broken trust.

• Loss of Relationships
  Reps share their hard-earned client connections freely. Without protections in place, they may lose access to those relationships if the partnership ends abruptly — and artists may feel tension with clients who are caught in the middle.

• Messy Exits
  When a partnership ends, the lack of a contract leaves everyone guessing about what’s fair. Questions about severance, outstanding commissions, and future usage fees become harder to resolve and can damage reputations for both sides.

• Legal and Liability Exposure
  Issues like indemnification, confidentiality, or ownership of work are too important to leave to verbal agreements. Without clarity, both parties may face unexpected legal or financial consequences if a dispute arises.

In short, not having a contract can turn what should be a strong, supportive relationship into one vulnerable to misunderstanding and mistrust. By taking the time to put everything in writing, both reps and artists create a foundation that protects the partnership and allows it to thrive.

Setting a Standard of Professionalism
At the end of the day, while not required, contracts can add clarity to the relationship. They can help to set a standard of professionalism, create consistency across the industry, and build a stronger foundation for long-term collaboration.

A rep–artist partnership should always feel like a team effort. Both sides bring immense value, and both deserve clarity and respect. Contracts aren’t about predicting failure; they’re about creating conditions for a successful collaboration. 

By putting expectations into writing, we protect the work, the relationships, and the careers we’ve committed to building together.