"Band Partnership Agreement Template"

What Is a Band Partnership Agreement?

A Band Partnership Agreement is a legal contract signed by band members that explains how the band operates and how the decisions regarding the band are to be made. This is, perhaps, the most important document a group of musicians can compose to ensure things in the band run smoothly with the progression of their career.

Alternate Name:

  • Band Partnership Contract.

Whether your band is well-established or you have just founded one, you need a standard Band Partnership Agreement to clarify responsibilities, simplify decision-making, and prevent conflicts and disagreements. Without a contract in place, any one member of the band is able to start their own band using the existing band name and exploiting the songs another band member has worked hard to write and record, so a proper agreement negotiated and signed by the band members is crucial for the band going forward.

If you need a free Band Partnership Agreement template, you may download one below or create a more personalized document using our online form builder.

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How to Create a Band Partnership Agreement?

Follow these steps to draft a Band Partnership Agreement template:

  1. Name the band members and write down their addresses. You may add a bandleader in the introduction of the agreement.
  2. Define the purpose of the partnership as clearly as possible.
  3. Decide how long the term of partnership will be. You may sign the document with a term of three years, and once the agreement expires, the band members are free to revisit the contract and add new terms and conditions.
  4. Negotiate the rights of the band name - who will own it and under what conditions can the band name be used. Do not forget to register the name for trademark protection - the name of the band carries the reputation and public recognition so it is essential to determine who controls the rights to the name.
  5. Provide the financial details of the partnership - who will contribute money and when, who will pay for the equipment and instruments, and other expenses. You may describe in full detail which instruments and equipment are owned by individuals and by the band as a partnership.
  6. Include the copyright clause. You may keep songwriting copyright separate from the partnership property if you wish.
  7. Discuss contributions and commitments. List the responsibilities of writing, recording, performing, touring, marketing, business management, creative management, PR, etc. Determine who chooses what gigs to play and how to store and transport the equipment.
  8. Negotiate income splits - will composers share the publishing income with non-composers, when are earnings split, and what will happen with the income if the band breaks up. Usually, bands agree to split the income equally.
  9. Add a clause about new and former members - how much money is owed to a former band member regarding royalties and other income and which member has the authority to add a member.
  10. Select the right legal structure for your band - a sole proprietor, limited liability company, partnership, corporation, or non-profit organization.
  11. Discuss the potential dissolution of the band - who will own and use the songs, property, name, and future profits.
  12. Sign and date the document. Each band member must get a copy of the contract.
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Band Partnership Agreement
This ​ B and Partnership Agreement ​ ( hereinafter referred to as the “Agreement”) is
entered into as of _________________ ​ ( hereinafter referred to as the “Effective
Date”) by and between:
______________________________, with a mailing address of ___________
__________________________________________,
______________________________, with a mailing address of ___________
__________________________________________,
______________________________, with a mailing address of ___________
__________________________________________, and
______________________________, with a mailing address of ___________
__________________________________________,
collectively referred to as the “Band,” individually referred to as "Band Partners," all
of whom agree to be bound by this Agreement.
The Band Partners agree as follows:
1. Band Partnership. ​ T he Band Partners establish themselves as a general
partnership (hereinafter referred to as the "Band Partnership") to be known as the
_________________________ for the purposes of musical and related entertainment
activities. The Band Partnership shall commence on the Effective Date and shall
continue until it is ended according to this Agreement. The principal place of business
of the Band Partnership shall be at _________________________ or at such other
place as the Band Partners may determine.
2. Band Partner Services. ​ I n order to fulfill the Band Partnership purposes, each
Band Partner shall contribute musical entertainment services to the Band Partnership.
Such contributions shall include, but not be limited to, services:
● As a recording artist with respect to sound recordings;
● As a musical performer in all media and on the live stage; and
● Related to merchandising rights solely with respect to activities as a
member of the Band.
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Band Partnership Agreement
This ​ B and Partnership Agreement ​ ( hereinafter referred to as the “Agreement”) is
entered into as of _________________ ​ ( hereinafter referred to as the “Effective
Date”) by and between:
______________________________, with a mailing address of ___________
__________________________________________,
______________________________, with a mailing address of ___________
__________________________________________,
______________________________, with a mailing address of ___________
__________________________________________, and
______________________________, with a mailing address of ___________
__________________________________________,
collectively referred to as the “Band,” individually referred to as "Band Partners," all
of whom agree to be bound by this Agreement.
The Band Partners agree as follows:
1. Band Partnership. ​ T he Band Partners establish themselves as a general
partnership (hereinafter referred to as the "Band Partnership") to be known as the
_________________________ for the purposes of musical and related entertainment
activities. The Band Partnership shall commence on the Effective Date and shall
continue until it is ended according to this Agreement. The principal place of business
of the Band Partnership shall be at _________________________ or at such other
place as the Band Partners may determine.
2. Band Partner Services. ​ I n order to fulfill the Band Partnership purposes, each
Band Partner shall contribute musical entertainment services to the Band Partnership.
Such contributions shall include, but not be limited to, services:
● As a recording artist with respect to sound recordings;
● As a musical performer in all media and on the live stage; and
● Related to merchandising rights solely with respect to activities as a
member of the Band.
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3. Non-Band Partnership Activities. ​ E ach Band Partner is permitted to engage in
one or more businesses, including other musical entertainment efforts, but only to the
extent that such activities do not directly interfere with the business and obligations of
the Band Partnership.
Neither the Band Partnership nor any other Band Partner shall have any right to any
income or profit derived by a Band Partner from any non-Band Partnership business
activity permitted under this paragraph.
4. Name and Logo. ​ T he Band Partnership shall do business under the name
_________________________ (hereinafter referred to as the "Band Name") as an
assumed name and as its trademark and service mark.
5. Warranties. ​ E ach Band Partner warrants that the Band Partner:
● Is free to enter into this Agreement;
● Is under no restriction which will interfere with this Agreement;
● Has not done nor will do any act or thing that might hurt the Band
Partnership;
● Will not sell or transfer any interest in the Band Partnership without the
prior written consent of the other Band Partners; and
● Will refrain from activities which could prohibit the Band Partner from
performing.
Each Band Partner indemnifies each other Band Partner from all claims that may arise
from any breach of these warranties.
6. Profits and Losses. ​ U nless agreed otherwise in writing by the Band Partners, the
Band Partners shall share equally in all of the Net Profits, losses, rights, and
obligations of the Band Partnership. "Net Profits" shall mean all payments which are
paid to the Band Partnership or to any Band Partner as a result of Band Partnership
activities.
After deducting Band Partnership expenses (that is, reasonable salaries, rent,
promotional costs, travel costs, office expenditures, telephone costs, accounting, and
legal fees), the Net Profits shall be distributed in cash to the Band Partners.
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7. Ownership of Recorded Compositions. ​ ( check one)
❏ The Band Partners shall create a
❏ The Band Partners shall not
publishing entity (hereinafter
create a publishing entity
referred to as the "Band
(hereinafter referred to as the
Partnership Publishing
"Band Partnership Publishing
Company") which shall own all
Company") which shall own all
rights to "Recorded
rights to "Recorded
Compositions."
Composition."
Recorded Compositions are songs:
● Recorded by the Band;
● Released for sale on sound recordings under the Band Name; and
● Which were written or co-written in whole or in part by one or more Band
Partners.
Each Band Partner agrees to assign any ownership interest in each Recorded
Composition to the Band Partnership Publishing Company and to execute any
documents necessary to evidence the transfer of ownership to the Band Partnership
Publishing Company.
8. Division of Publishing Revenue. ​ R evenue from the Band Partnership Publishing
Company, if such publishing company has been created, shall be distributed as
follows:
❏ All music publishing income derived from Recorded Compositions, including
both the writer's and publisher's shares, shall be divided equally among the
band members.
❏ The Band Partners shall share equally in the publishing income from all
Recorded Compositions. The writers of each Recorded Composition shall
receive an equal pro-rata share of the songwriters' income with respect to each
Recorded Composition. By way of example, if two Band Partners write a
Recorded Composition, each shall share equally in the songwriters' income
from that song. The publishing income from that song shall be distributed
equally to all Band Partners.
❏ All revenue derived from Recorded Compositions shall be pooled (whether it is
characterized as publishing or songwriter revenue). Each Band Partner shall
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receive one credit for performing on each Recorded Composition. The writers
of each Recorded Composition shall receive one credit for writing. Each Band
Partner's total number of credits equals the numerator (top number of a
fraction). The total number of credits equals the denominator or bottom number
of a fraction. Each Band Partner then receives this fraction of the song income.
9. Publishing Administration. ​ T he Band Partnership Publishing Company, if such
company has been created, shall have the worldwide, exclusive right to:
● Administer and control the copyright ownership to the Recorded Compositions;
● Designate all persons to administer the copyrights to the Recorded
Compositions; and
● Enter into agreements to co-publish, sub-publish or otherwise deal with the
copyrights in the Recorded Compositions.
In the event that one of the Band Partners leaves the Band Partnership (hereinafter
referred to as the "Leaving Member"), the control of the jointly owned copyrights
shall vest exclusively in the remaining Band Partners for the term of this Band
Partnership. The Leaving Member's interest in the Band Partnership Publishing
Company shall extend only to those Recorded Compositions which were
commercially released for sale during the Leaving Member's period as a Band Partner
(hereinafter referred to as the "Leaving Member Recorded Compositions"). The
Leaving Member shall receive semi-annual accountings and payments with respect to
any income due on Leaving Member Recorded Compositions.
10. Meetings and Voting. ​ E ach Band Partner shall have the right to participate in the
business of the Band Partnership. Meetings of the Band Partners can be called by any
member of the Band Partnership upon reasonable notice.
Check either "unanimous" or "majority" for each issue:
Unanimous
Majority
1. Expelling a Band Partner
_____________
_____________
2. Admission of a new Band
Partner
_____________
_____________
3. Entering into any
agreement that binds the
Band Partnership for more
_____________
_____________
than one year
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Unanimous
Majority
4. Any expenditure in
_____________
_____________
excess of $_____________.
5. Incurring any major
_____________
_____________
obligation such as
borrowing or lending money
6. Selling, leasing or
_____________
_____________
transferring any Band
Partnership property
7. Entering into any contract
_____________
_____________
that takes less than a year to
complete
_____________
_____________
8. Check-signing rights
9. Amendment of this
_____________
_____________
Agreement
10. Additional capital
_____________
_____________
contributions by any Band
Partner
11. Books of Account and Records. ​ T he books of the Band Partnership and all other
documents relating to the business of the Band Partnership shall be maintained at its
principal place of business and shall be available for inspection at reasonable times by
any Band Partner (or any designated representative of any Band Partner).
The fiscal year of the Band Partnership shall end on December 31st. The Band
Partnership shall provide an accounting statement to each Band Partner twice a year at
the end of June and December.
12. Ending the Partnership. ​ T his Agreement and the Band Partnership shall not
terminate for the reason that a Band Partner leaves the Partnership. If a member
leaves, the Band Partnership shall remain in full force among the remaining members.
This Agreement shall terminate, and the Band Partnership shall end, upon the first to
occur of the following events:
● The written agreement of the Band Partners to end the Band Partnership; or
● By operation of law, except as otherwise provided in this Agreement; or
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