Talent Agency Contract Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes a professional relationship between a talent agency and an artist/performer. The contract defines the agency's authority to represent the talent, negotiate contracts, and manage bookings while specifying commission structures, service scope, and mutual obligations. It incorporates relevant provisions from Malaysian employment law, entertainment industry regulations, and data protection requirements, while addressing both traditional and digital media representation rights.

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What is a Talent Agency Contract?

The Talent Agency Contract serves as the foundational document for professional representation in Malaysia's entertainment and creative industries. This agreement is essential when an agency undertakes to represent talents, artists, or performers in securing employment opportunities, negotiating contracts, and managing their professional careers. It must comply with Malaysian legislation, including the Employment Act 1955, Contracts Act 1950, and Personal Data Protection Act 2010. The document typically covers commission structures, scope of representation, exclusivity terms, and obligations of both parties, while addressing modern considerations such as digital media rights and international bookings. It's particularly crucial for protecting both the agency's business interests and the talent's rights in the Malaysian entertainment landscape.

What sections should be included in a Talent Agency Contract?

1. Parties: Identification of the talent agency and the talent with their full legal names and addresses

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Key terms used throughout the agreement including 'Services', 'Territory', 'Commission', 'Booking', etc.

4. Appointment and Scope: Terms of agency appointment and scope of representation

5. Agency Services: Detailed description of services provided by the agency

6. Talent Obligations: Responsibilities and commitments of the talent

7. Commission and Payments: Commission rates, payment terms, and calculation methods

8. Term and Termination: Duration of agreement and conditions for termination

9. Exclusivity: Terms regarding exclusive representation rights

10. Intellectual Property Rights: Management of talent's IP rights and publicity rights

11. Confidentiality: Protection of confidential information and trade secrets

12. Indemnification: Mutual indemnification provisions

13. Governing Law: Specification of Malaysian law as governing law

14. Dispute Resolution: Process for resolving disputes

15. General Provisions: Standard boilerplate clauses including notices, amendments, etc.

What sections are optional to include in a Talent Agency Contract?

1. International Bookings: Include when talent may work internationally, covering visa requirements and international payments

2. Digital Media Rights: Include for talents active in social media and digital platforms

3. Moral Rights: Include for creative talents whose work involves copyright

4. Parent/Guardian Consent: Include when talent is a minor

5. Insurance Requirements: Include for high-risk performances or specific industry requirements

6. Non-Compete: Include when agency wants to restrict talent's activities post-termination

7. Religious/Cultural Requirements: Include when talent has specific religious or cultural requirements affecting their work

What schedules should be included in a Talent Agency Contract?

1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates for different types of bookings

2. Schedule 2 - Permitted Expenses: List of expenses that can be charged to the talent

3. Schedule 3 - Territory Definition: Detailed description of geographical areas covered by the agreement

4. Schedule 4 - Approved Sub-Agents: List of approved sub-agents or partner agencies if applicable

5. Schedule 5 - Talent Portfolio: Description of talent's current work, skills, and specialties

6. Appendix A - Code of Conduct: Professional behavior expectations and industry standards

7. Appendix B - Social Media Guidelines: Guidelines for social media usage and content posting

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use

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