SOCIAL MEDIA MANAGEMENT CONTRACT
THIS SOCIAL MEDIA MANAGEMENT CONTRACT dated as of [insert date]
(“Agreement”) is made by and between XXXX LLC, whose address is at [insert
your address] (the “Talent Manager”), and [INSERT THE NAME OF THE MODEL],
whose address is at [insert address] (the “Model”).
WITNESSETH:
WHEREAS, the Talent Manager is engaged in providing social media management,
marketing and promotion services, the Model is desirous of procuring the said services
from the Talent Manager; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties agree as follows:
Section 1. Duties of the Verification Agent
The Talent Manager agrees, from the date hereof, to perform such duties and only such
duties set forth herein below;
1.1 The Talent Manager agrees to provide his expertise and support to the Model by
providing social media management, marketing and promotion service for
i. Instagram Account: [insert Model’s Instagram handle]
ii. TikTok Account: [insert Model’s TikTok handle]
iii. Only Fans Account: [insert Model’s Only Fans handle]
1.2 The Talent Manager shall take such steps, as they deem fit and as may be
needed, to ensure Model’s Account is managed to realize its full potential, which
may include:
1.2.1 Full Social Media management;
1.2.2 Posting the videos;
1.2.3 Scheduling posts;
1.2.4 Coming up with the ideas;
1.2.5 Connecting collaborations with other creators;
1.2.6 Sourcing for brand deals;
1.2.7 Message management; and
1.2.8 Marketing strategies.
1.3 The Talent Manager agrees to provide the Services in a professional manner and
in accordance with generally accepted industry practice and standards.
1.4 The scope of the Services will be limited to the description provided in the
Contract and as agreed in writing from time to time.
1.5 The Model agrees to provide the Talent Manager with all the necessary details
for the Talent Manager to perform its services under this Contract. Model further
acknowledges that the Talent Manager may be reliant on the provision of certain
information to enable the Services to be performed. Any late delivery of
information or Content by the Model to the Talent Manager may result in a delay
to finalization of any Assignment.
1.6 The Talent Manager further agrees and undertakes that the promotions and
advertising of the work including content and articles will be of the utmost of
ethical manners and the Model shall not bear any reputational risks for any such
work.
Section 2. Payment of Fees
2.1 In consideration of providing the services envisaged under clause 2 hereinabove,
Model agrees to pay the Talent Manager 15% of the total revenue received in a
month from the social media handles.
2.2 The parties agree that if the Talent Manager gets the Model’s revenue to go up to
$5,000.00, or more a month, the Model shall increase the Talent Manager’s pay
to 20% of the revenue earned in a single month.
2.3 The parties further agree that if the Talent Manager gets the Model’s revenue to
go up to $10,000.00, or more a month, the Model shall increase the Talent
Manager’s pay to 25% of the revenue earned in a single month.
2.4 The Model shall make the payment of Service Fees monthly, on or before the
[insert day of the month] to the Talent Manager’s account [insert details including
account number of the Talent Manager’s bank]
Section 3. Term
3.1 Term. The Engagement shall be for one (1) year period commencing on [insert
commencement date] and ending on [insert end date], renewable, unless terminated
in accordance with Section 3.1.
3.2 Termination. The Engagement may be terminated by: (i) the mutual, written consent
of parties; or (ii) by the non-breaching Party upon the occurrence of a breach by the
other Party in the performance of its obligations under this Agreement, which breach
(if capable of cure) is not cured to the reasonable satisfaction of the non-breaching
Party within Thirty (30) business days after the non-breaching Party has delivered
written notice of such breach to the breaching Party.
3.3 Effect of Termination. In the event the Engagement is terminated or expires, the
provisions of this Agreement, shall no longer have any force or effect. Upon the
termination of the Engagement, Model shall (i) pay to Talent Manager, no later than
Seven (7) days after the date of termination, the earned, but unpaid portion of the
Fee, prorated through the date of termination, and (ii) shall reimburse Talent
Manager, in accordance with Section 2(b), for all expenses properly incurred prior to
the date of termination.
Section 4: Independent Contractor. The relationship between the parties is that of
independent contracting parties. Nothing contained in this Agreement or the course of
conduct between the parties will be considered to form a partnership, employment
relationship, or any other relationship except that of independent contractor. In
performance of the Services under this Agreement, Talent Manager is an independent
contractor with the authority to control and direct the performance of the Services.
Section 5. Indemnification. In performing its duties hereunder, except as otherwise
provided herein, the Talent Manager shall be entitled to the same indemnities, and held
to the same standard of care, as is the Trustee under the Indenture.
Section 6: Confidentiality and Intellectual Property. Neither party shall use, exploit, or
make known to any person or business entity, any information directly or indirectly
received by a party or acquired pursuant to the relationship created by this Agreement,
including, without limitation, information relating to business affairs, data, designs,
manuals, training materials and documentation, formulas, ideas, inventions, methods,
prices, financial and accounting data, timekeeping data, systems and technical
information (“Confidential Information”). Notwithstanding the foregoing, Talent Manager
and the Model shall each be permitted to disclose Confidential Information of the other
to its own employees, subcontractors, accountants, attorneys, and other agents and its
affiliates or subsidiaries to the extent the disclosure is reasonably necessary for the
performance of its duties and obligations or the enjoyment of its rights under this
Agreement; provided, however, that Talent Manager and the Company shall be
responsible for any violation of the confidentiality obligations set forth in this Agreement
by any permitted third parties to which it provides Confidential Information.
Section 7: Limitation of Liability. Talent Manager’s total liability, if any, with respect to
this agreement, and schedules, and any and all other agreements and arrangements
between Talent Manager and Model relating to any other services and/or other
professional services (including, without limitation, liability arising out of contract, tort or
otherwise and liability for the acts of Talent Manager’s employees, agents and
subcontractors), shall be limited in all events to the amount of the total fees paid by
Model to Talent Manager under this agreement in the maximum Four (4) weeks prior to
the Model bringing a claim against Talent Manager.
Neither party shall be liable to the other for any indirect, special, consequential, or
punitive damages, whether such losses or damage are foreseen, foreseeable, known or
otherwise, and whether or not the party is advised of the possibility of loss, liability
damage or expense.
Section 8: Force Majeure. If either party is prevented or delayed in the performance of
any of its obligations under this Agreement due to Force Majeure (defined below), that
party will provide written notice to the other party specifying the nature and expected
duration of the Force Majeure. The performance of the party invoking Force Majeure
with respect to any obligation will be excused and the time for performance extended,
but only for the period of delay or inability to perform due to Force Majeure. If the total of
any period of delay or inability to perform due to Force Majeure asserted by either party
during the Term equals or exceeds 30 consecutive days, the other party will have the
right, at its option, to either terminate this Agreement by written notice or to continue to
excuse the first party’s performance for the period of any delay or inability to perform
due to Force Majeure. As used in this Agreement, “Force Majeure” shall mean any act
of God, fire, casualty, flood, war, strike, lockout, labor trouble, or any other
circumstances beyond the reasonable control of the party asserting it that prevents or
delays the performance of any of its obligations under this Agreement.
Section 9: Limited Warranty and Exclusions. Talent Manager warrants that the Services
shall be performed in a professional and workmanlike manner. Talent Manager’s
warranty and obligation under this Section shall extend for a period of thirty (30) days
from the date of the delivery of the Service.
Except as provided above, the services are provided to Model on an “as is” basis, and
Talent Manager makes no other warranty of any kind, express or implied, including but
not limited to warranties of satisfactory quality, fitness for a particular purpose or
merchantability, with regard to the services provided hereunder, and Talent Manager
expressly disclaims any such warranties.
Section 10. Notices. Any notice, report or other communication given hereunder shall be
sent to the parties’ official email address:
If to the Talent Manager:
[insert email address]
If to the Model:
[insert email address]
or to such other address as any party shall have provided to the other parties in writing.
Any notice required to be in writing hereunder shall be deemed given if such notice is
mailed by certified mail, postage prepaid, or hand delivered to the address of such party
as provided above.
Section 11. Amendments. This Agreement may be amended from time to time by the
parties. Neither Party shall be required to enter any amendment which affects its own
rights, duties or obligations hereunder.
Section 12. Successors and Assigns. This Agreement may not be assigned by either
party, unless such assignment is previously consented to in writing by the other party.
Section 13. Governing Law. THIS AGREEMENT SHALL BE CONSTRUED BY AND
INTERPRETED IN ACCORDANCE WITH THE LAWS OF [INSERT JURISDICTION]
WITHOUT GIVING EFFECT TO THE PRINCIPLES OF CONFLICTS OF LAW, AND
THE RIGHTS, OBLIGATIONS AND REMEDIES OF THE PARTIES HERETO SHALL
BE DETERMINED IN ACCORDANCE WITH THE LAWS OF [INSERT JURISDICTION].
Section 14. Headings. The section headings hereof have been inserted for convenience
of reference only and shall not be construed to affect the meaning, construction or effect
of this Agreement.
Section 15. Counterparts. This Agreement may be executed in counterparts, each of
which when so executed shall together constitute but one and the same agreement.
Section 16. Severability. Any provision of this Agreement that is prohibited or
unenforceable in any jurisdiction shall be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof and any such
prohibition or unenforceability in any jurisdiction shall not invalidate or render
unenforceable such provision in any other jurisdiction.
Section 17. Entire Agreement. This Agreement embodies and constitutes the entire
understanding between the parties with respect to the transactions contemplated by this
Agreement, and all prior or contemporaneous agreements, understandings,
representations and statements between the parties, written or oral, are merged into
and superseded by this Agreement.
Section 18. Dispute Resolution. All or any disputes arising out or touching upon or in
relation to the terms and conditions of this Agreement, including the interpretation and
validity of the terms thereof and the respective rights and obligations of the Parties, shall
be settled amicably by mutual discussion, failing which the same shall be settled
through the adjudicating officer appointed by the parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
and delivered as of the day and year first above written.
EXECUTED on behalf of Talent Manager by:
1. ………………………………………………
Signature
………………………………………….
EXECUTED on behalf of Model by:
1. ………………………………………………
Signature
……………………………………….
[Model]
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