FETISH MODEL, TALENT & BRANDING CONTRACT
This Fetish Model, Talent &Branding Contract (the “Contract”) is made and entered into
on _____ (the “Effective Date”) by and between _____ of
_____, _____, _____
_____ (the “Model”), and Darvin L. Phillips, Jr., b/k/a Pap Smoke of
4DaLuvofHose Brand & Talent Management, LLC. 1721 S WW White Road, Suite 120-
53, San Antonio, TX, USA (the “Agency”).
- PURPOSE OF CONTRACT
4DaLuvofHose Brand & Talent Management, LLC. is in the business of representing
talented fetish models and performers, and _____ is a Fetish model.
4DaLuvofHose Brand & Talent Management, LLC. agrees to represent
_____ and _____ agrees to hire 4DaLuvofHose Brand &
Talent Management, LLC. for their mutual gain and benefit. - DUTIES OF AGENCY
The Agency shall perform the following duties on behalf of the Model: 1) manage the
social media sites and content on behalf of the Model, and develop Model’s brand to
create revenue opportunities, 2) assist the Model in video production services and
create content that potentially would be monetized, 3) negotiate contracts on behalf of
the Model for the rendition of services as an model and/or performer in the fetish
entertainment industry and to solicit offers and negotiate contracts for the sale of any
entertainment project or package in which the Model owns an interest. The Agency’s
activities shall relate only to the Artist’s involvement in the fetish entertainment industry.
For purposes of this Contract, the term “fetish entertainment industry” shall include, but
not be limited to, the following: motion pictures, television, radio, music, literature, talent
engagements, personal appearances, public appearances in places of amusement and
entertainment, records and recordings, publications, and the use of the Model’s name,
likeness, and talents for commercial and advertising purposes. - BEST EFFORTS
The Agency shall use all reasonable efforts to procure and negotiate revenue
opportunities for the Model in the fetish entertainment industry. The Agency shall use its
best efforts to advise, assist and counsel the Model in the further development and
advancement of the Model’s projects. Under no circumstances shall the Model be
obligated to enter into any contract negotiated by the Agency unless the Model agrees
to do so. The Model shall have the sole and final decision as to the acceptance of any
opportunities or projects in the fetish entertainment industry. - COMPENSATION
As consideration for the services provided by the Agency under this Contract, the Model
shall pay to the Agency a sum equal to 20 percent of the gross earnings received by the
Model indirectly or in connection with the Model’s projects in the fetish entertainment
industry that result from the direct assistance of the Agency.
- COMPUTATION OF GROSS EARNINGS
For purposes of this Contract, the term “gross earnings or other consideration” shall
include, but not be limited to, salaries, earnings, fees, royalties, gifts, bonuses, shares of
stock, shares of profit, partnership interests, percentages, and the total amount paid for
the Agency’s services in the fetish entertainment industry as a result of contracts or
agreements entered into or substantially negotiated during the term of this Contract,
and/or direct assistance or performance of projects on the Model’s behalf. If the Model
receives, as all or part of his or her compensation for projects in the fetish entertainment
industry, stock or the right to buy stock in any corporation, or if the Model becomes the
packager or owner of all or part of an entertainment property, the percentage due to the
Agency shall apply to that stock, right to buy stock, ownership interest, or other form of
interest, and the Agency shall pay its percentage share of the total payment due from
the Model as a condition to taking the percentage share to which the Agency is entitled.
The failure of the Agency to make such a payment shall be deemed an election by the
Agency not to take the percentage share to which it is entitled. - WHEN COMPENSATION IS DUE
The compensation due to the Agency under this Contract shall be payable immediately
on the Model’s receipt of the monies from which the compensation is to be derived. - EXCLUSIVITY ARTIST
The Model represents that he or she has not given and, while this Contract remains in
effect, will not give any other person or business organization the right or authority to act
as his or her talent agent during the term of this Contract. The Model further represents
to the Agency that the Model is free to enter into this Contract and that the Model
neither has nor will enter into any agreement or other obligation that might conflict with
the provisions, or interfere with the Model’s obligations or rights, or interfere with the
Agency’s benefits, under this Contract. - AGENCY
Nothing in this Contract shall be construed to preclude the Agency from acting as a
talent agent to others during the term of this Contract. - TERMINATION OPTION OF EITHER PARTY
Subject to the Model’s availability, the Agency shall use all reasonable efforts to procure
projects and revenue opportunities for the Model in the fetish entertainment industry. If
the Agency fails to obtain a bona fide offer for the Model’s projects in the fetish
entertainment industry by reasonable means within four months from the date of this
Contract, during all of which time the Model shall remain ready, willing, and available to
accept such an offer, and/or work directly with the Agency, either party shall have the
right to terminate this Contract by providing the other party with written notice of
termination. Termination of this Contract shall not affect the Agency’s right to receive, or
the Model’s obligation to pay, any and all compensation provided for under this
Contract. The parties agree to review and renegotiate the terms of this Contract 30 days
from the Effective Date with both parties having the option to permanently terminate the
Contract.
- MODEL’S LIABILITY FOR COMPENSATION FOLLOWING TERMINATION
If, within three months after the Model accepts any offer on terms reasonably
comparable to any offer made during the term of this Contract, from or through the
same offeror, or any entity directly or indirectly connected with that offeror, the resulting
contract shall be subject to the terms of this Contract. The provisions of this Contract
shall remain in effect with respect to any fetish entertainment package in any way
disposed of under its provisions until one year after the expiration or termination of any
contract negotiated by the Agency with regard to that package, together with any
extensions, renewals, substitutions, or replacements of any such contract, or until the
expiration of this Contract, whichever is longer. - NOTICE OF BREACH
In addition to any and all other rights a party may have available according to law, if a
party defaults by failing to substantially perform any provision, term or condition of this
Contract (including without limitation the failure to make a monetary payment when
due), the other party may terminate the Contract by providing written notice to the
defaulting party. This notice shall describe with sufficient detail the nature of the default.
The party receiving such notice shall have 10 days from the Effective Date of such
notice to cure the default(s). Unless waived by a party providing notice, the failure to
cure the default(s) within such time period shall result in the automatic termination of
this Contract due to material breach. - ARBITRATION OF DISPUTES
Any controversies or disputes arising out of or relating to this Contract shall be resolved
by binding arbitration in accordance with the then-current Commercial Arbitration Rules
of the American Arbitration Association. The parties shall select a mutually acceptable
arbitrator knowledgeable about issues relating to the subject matter of this Contract. In
the event the parties are unable to agree to such a selection, each party will select an
arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom
shall preside jointly over the matter. The arbitration shall take place at a location that is
reasonably centrally located between the parties, or otherwise mutually agreed upon by
the parties. All documents, materials, and information in the possession of each party
that are in any way relevant to the dispute shall be made available to the other party for
review and copying no later than 30 days after the notice of arbitration is served. The
arbitrator(s) shall not have the authority to modify any provision of this Contract or to
award punitive damages. The arbitrator(s) shall have the power to issue mandatory
orders and restraint orders in connection with the arbitration. The decision rendered by
the arbitrator(s) shall be final and binding on the parties, and judgment may be entered
in conformity with the decision in any court having jurisdiction. The agreement to
arbitrate shall be specifically enforceable under the prevailing arbitration law. During the
continuance of any arbitration proceeding, the parties shall continue to perform their
respective obligations under this Contract.
- CONSTRUCTION TERMINOLOGY
For purposes of this Contract, the term “Contract” shall include any extensions,
renewals, substitutions, or replacements of an original Contract. The word “package”
shall include any television or radio show, production, program, motion picture, or
series, and any reproduction by any process of any of these types of package materials
in connection with which the Model produces or furnishes, or any entity in which the
Model has an interest furnishes, any artistic services and/or material. - ENTIRE AGREEMENT
This Contract contains the entire agreement of the parties, and there are no other
promises or conditions in any other agreement whether oral or written concerning the
subject matter of this Contract. This Contract supersedes any prior written or oral
agreements between the parties. - SEVERABILITY
If any provision of this Contract will be held to be invalid or unenforceable for any
reason, the remaining provisions will continue to be valid and enforceable. If a court
finds that any provision of this Contract is invalid or unenforceable, but that by limiting
such provision it would become valid and enforceable, then such provision will be
deemed to be written, construed, and enforced as so limited. - AMENDMENT
This Contract may be modified or amended in writing, if the writing is signed by the
party obligated under the amendment. - GOVERNING LAW
This Contract shall be construed in accordance with the laws of the State of
_____. - NOTICE
Any notice or communication required or permitted under this Contract shall be
sufficiently given if delivered in person or by certified mail, return receipt requested, to
the address set forth in the opening paragraph or to such other address as one party
may have furnished to the other in writing.
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