Commission. Sunset. Exclusivity. Term. Audit.
Smart clauses for reps, managers, and entertainment attorneys.
By Lex Nova Lawyer × Thoolie
Whether you’re representing an actor, influencer, or recording artist, your talent representation agreement can set the tone for the entire professional relationship. From commission percentages to sunset clauses, each term can make a huge difference in how — and when — you get paid.
This clause bank is your quick-reference toolkit for drafting, redlining, or revising representation agreements. You can adapt these clauses for both management and agency contexts — and avoid starting from scratch every time.
💰 Commission Clauses
1. Percent of Gross (Standard Agent Language)
“Representative shall be entitled to receive ten percent (10%) of all Gross Compensation earned by Client in connection with entertainment-related services secured during the Term and throughout the Sunset Period.”
2. Flat Monthly Retainer (for consultants or non-agents)
“Client shall pay Representative a flat monthly retainer of $2,500 for general consulting, strategy, and brand outreach services.”
3. Hybrid (Retainer + Commission)
“Representative shall receive a monthly fee of $1,500 plus five percent (5%) of all Gross Compensation for engagements secured through Representative’s efforts.”
🌅 Sunset Clauses
Standard (1-Year Tail)
“Representative shall continue to receive Commission on any engagement entered into, renewed, or substantially negotiated during the Term, for a period of twelve (12) months following expiration or termination.”
Tiered Sunset (California-Style)
“100% commission in Year 1 post-termination, 50% in Year 2, and 25% in Year 3. No further commission thereafter.”
Non-Recurring Deals Only
“Sunset commission applies solely to one-time deals or episodic payments and not to renewals or new engagements after the Term.”
🚫 Exclusivity Clauses
Full Exclusivity (All Talent Representation)
“Client agrees that Representative shall be the exclusive representative for all entertainment-related services, including film, television, streaming, live events, and commercial endorsements.”
Limited Exclusivity (By Medium or Territory)
“Exclusivity is limited to securing opportunities within the United States for scripted television and film only.”
Non-Exclusive Advisory Role
“Representative shall serve in a non-exclusive advisory role and may collaborate with Client’s other representatives or agents.”
📆 Term & Termination Clauses
1-Year Auto-Renewing Term
“This Agreement shall commence on the Effective Date and continue for one (1) year, automatically renewing unless terminated with thirty (30) days’ notice.”
Fixed Term with No Renewal
“This Agreement shall remain in effect for twelve (12) months and shall not automatically renew.”
Termination for Cause
“Either party may terminate immediately if the other party breaches any material provision and fails to cure within fifteen (15) days.”
📊 Audit & Accounting Clauses
Right to Audit
“Client shall provide Representative with quarterly payment statements. Representative may audit such statements once per calendar year with fifteen (15) days’ notice.”
Payment Tracking (useful for influencers)
“Client shall provide copies of all contracts, brand agreements, and compensation statements, and notify Representative of all payments related to Representative-sourced opportunities.”
🧠 Pro Tip from Lex Nova Lawyer
Don’t copy-paste blindly. Every clause should be tailored to your client’s role, market position, and existing team. A clause that protects a music manager may not work the same way for a digital talent agency.
🚀 Save Time with Thoolie
With Thoolie’s Talent Representation Agreement Template, you can save your favorite clauses, remix them, and send contracts with e-sign in minutes. Whether you’re repping talent in Hollywood or building influencer rosters, Thoolie makes sure your agreements are professional, enforceable, and easy to update.
📚 Related Resources:
