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Band Agreement Template

Comprehensive band agreement template with explanatory notes

Band Agreement Template

Important Legal Disclaimer

THIS TEMPLATE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.

This template is designed to help bands think through important issues and document their agreements. However, every band's situation is unique, and laws vary by location. Before signing any band agreement, you should:

Consult with an attorney experienced in music law
Ensure the agreement complies with your local laws
Have each member review it with their own legal counsel if possible
Understand that this template may not address all issues relevant to your situation

By using this template, you acknowledge that you are not receiving legal advice and that you should consult with an attorney before finalizing any band agreement.

Introduction to Band Agreements

Why You Need a Band Agreement

A band agreement isn't about distrust—it's about clarity. When everyone knows what to expect, you can focus on making music instead of arguing about money, decisions, or who owns what.

Key Benefits:

Prevents misunderstandings
Protects everyone's interests
Provides clear processes for decisions
Addresses what happens if someone leaves
Establishes ownership of intellectual property

When to Create an Agreement

Ideal Timing:

When forming a new band
When adding a new member
Before recording original music
Before significant financial investment
When transitioning from casual to serious

Don't Wait Until:

There's already conflict
Money is on the table
Someone wants to leave
You're signing a record deal

Band Agreement Template

Section 1: Band Information

Band Name: _________________________________

Date of Agreement: _________________________________

Band Members:

Name: _________________________________ Role: _________________________________
Name: _________________________________ Role: _________________________________
Name: _________________________________ Role: _________________________________
Name: _________________________________ Role: _________________________________
Name: _________________________________ Role: _________________________________

Effective Date: _________________________________

Section 2: Band Purpose and Vision

2.1 Band Vision

Our band's vision and goals are:

Why This Matters: Having a shared vision in writing helps ensure everyone is working toward the same goals and provides a reference point for decision-making.

2.2 Commitment Level

This band operates as: ☐ Hobby ☐ Part-Time Serious ☐ Full-Time Professional

Expected Time Commitment:

Rehearsals: _______ times per month, _______ hours each
Gigs: Approximately _______ per month
Other commitments (recording, promotion, etc.): _______________________

Why This Matters: Clear expectations about time commitment prevent frustration and help members assess if they can meet the band's needs.

Section 3: Financial Arrangements

3.1 Income Distribution

All band income (gig fees, merchandise sales, streaming revenue, etc.) will be distributed as follows:

Option A: Equal Split ☐ All income split equally among all members

Option B: Weighted Split ☐ Income split based on the following percentages:

Member 1: _______%
Member 2: _______%
Member 3: _______%
Member 4: _______%
Member 5: _______%

Option C: Role-Based Split ☐ Different splits for different income types:

Performance income: _________________________________
Recording/streaming income: _________________________________
Merchandise income: _________________________________
Other: _________________________________

Why This Matters: Money is a common source of band conflict. Deciding this upfront prevents arguments later.

3.2 Expense Handling

Band expenses will be handled as follows:

☐ All members contribute equally to shared expenses ☐ Expenses deducted from band income before distribution ☐ Other arrangement: _________________________________

Common Band Expenses:

Rehearsal space rental
Equipment maintenance and replacement
Recording costs
Marketing and promotion
Website and online presence
Transportation for gigs
Professional services (lawyer, accountant, etc.)

Expense Approval Process:

Expenses under $_______ can be approved by _________________________________
Expenses over $_______ require _________________________________

Why This Matters: Clear expense policies prevent surprise bills and ensure everyone contributes fairly.

3.3 Band Bank Account

☐ Band will maintain a separate bank account ☐ Band will not maintain a separate bank account

If maintaining a band account:

Authorized signers: _________________________________
Minimum balance to maintain: $_______
Distribution frequency: _________________________________

Why This Matters: A band bank account separates band finances from personal finances and provides transparency.

Section 4: Intellectual Property Ownership

4.1 Original Songs

Ownership of original songs will be determined as follows:

☐ Equal Ownership: All members own equal shares of all songs regardless of who wrote them

☐ Writer Ownership: Songs owned by whoever wrote them (music and lyrics)

☐ Contributor Ownership: Songs owned by members who contributed to writing them, in proportion to their contribution

☐ Custom Arrangement: _________________________________

Why This Matters: Song ownership determines who receives royalties and who can make decisions about licensing. This is often the most contentious issue when bands break up.

4.2 Band Name

The band name "________________________________" is owned by:

☐ All members equally ☐ Founding members only ☐ Specific member(s): _________________________________ ☐ To be determined if band dissolves

Why This Matters: Band name ownership determines who can continue using the name if the band breaks up or members leave.

4.3 Recordings

Master recordings created by the band are owned by:

☐ All members equally ☐ Members who performed on the recording ☐ Members who paid for the recording ☐ Other arrangement: _________________________________

Why This Matters: Recording ownership determines who can license, sell, or distribute the recordings.

4.4 Band Logo and Artwork

Band logo, artwork, and visual materials are owned by:

☐ The band collectively ☐ The member who created them ☐ Other arrangement: _________________________________

Why This Matters: Clarifies who can use band visuals if members leave or the band dissolves.

Section 5: Decision-Making

5.1 Decision-Making Process

Band decisions will be made as follows:

Major Decisions (examples: signing contracts, adding/removing members, changing band direction): ☐ Unanimous agreement required ☐ Majority vote (_______ out of _______ members) ☐ Designated leader decides after input ☐ Other: _________________________________

Minor Decisions (examples: setlist choices, social media posts, rehearsal scheduling): ☐ Majority vote ☐ Designated member decides ☐ Any member can decide ☐ Other: _________________________________

Financial Decisions:

Expenses under $_______: _________________________________
Expenses over $_______: _________________________________

Why This Matters: Clear decision-making processes prevent gridlock and ensure everyone knows how decisions will be made.

5.2 Band Leadership

☐ Band has a designated leader: _________________________________ ☐ Band operates as a democracy with no single leader ☐ Leadership rotates among members ☐ Other arrangement: _________________________________

Leader's Responsibilities (if applicable):

Why This Matters: Clarifies who (if anyone) has final say and what their responsibilities are.

Section 6: Roles and Responsibilities

6.1 Musical Roles

Each member's primary musical role:

Member 1: _________________________________
Member 2: _________________________________
Member 3: _________________________________
Member 4: _________________________________
Member 5: _________________________________

6.2 Non-Musical Responsibilities

Each member's non-musical responsibilities:

Booking/promotion: _________________________________
Social media: _________________________________
Financial management: _________________________________
Equipment management: _________________________________
Website maintenance: _________________________________
Merchandise: _________________________________
Other: _________________________________

Why This Matters: Distributing non-musical work prevents burnout and ensures everything gets done.

Section 7: Attendance and Commitment

7.1 Rehearsal Attendance

Members are expected to:

Attend _______ out of _______ rehearsals per month
Provide _______ hours/days notice if unable to attend
Arrive on time and prepared

Consequences for chronic absence/lateness:

7.2 Gig Attendance

Members are expected to:

Attend all confirmed gigs unless emergency
Provide _______ days notice if unable to attend a gig
Find own replacement if unable to attend (if applicable)

Consequences for missing gigs:

Why This Matters: Clear attendance expectations and consequences prevent resentment and ensure reliability.

Section 8: Adding New Members

8.1 Process for Adding Members

New members may be added by: ☐ Unanimous agreement of existing members ☐ Majority vote of existing members ☐ Other process: _________________________________

8.2 New Member Agreement

New members must: ☐ Sign this agreement before joining ☐ Go through a trial period of _______ months ☐ Meet the following requirements: _________________________________

8.3 New Member Ownership

New members will: ☐ Receive equal ownership of all band assets immediately ☐ Receive ownership of assets created after they join ☐ Earn ownership over time: _________________________________ ☐ Other arrangement: _________________________________

Why This Matters: Protects founding members' contributions while providing fair treatment for new members.

Section 9: Member Departure

9.1 Voluntary Departure

If a member chooses to leave:

Notice Required: _______ days/weeks

Financial Settlement: ☐ Departing member receives their share of current band funds ☐ Departing member receives buyout of $_______ or _______% of band assets ☐ Departing member forfeits all financial interest ☐ Other arrangement: _________________________________

Intellectual Property: ☐ Departing member retains ownership of songs they wrote ☐ Departing member forfeits all IP ownership ☐ Departing member retains _______ % of songs they contributed to ☐ Other arrangement: _________________________________

Band Name: ☐ Departing member cannot use band name ☐ Departing member can use band name with permission ☐ Other arrangement: _________________________________

Why This Matters: Having this decided in advance prevents ugly disputes when someone leaves.

9.2 Involuntary Removal

A member may be removed for:

Chronic absence or lateness
Failure to meet commitments
Behavior harmful to the band
Other: _________________________________

Removal Process: ☐ Unanimous vote of remaining members ☐ Majority vote of remaining members ☐ Decision by band leader ☐ Other: _________________________________

Settlement for Removed Member: ☐ Same as voluntary departure ☐ Forfeits all financial interest ☐ Other: _________________________________

Why This Matters: Provides a process for removing members who aren't working out, protecting the band's ability to function.

Section 10: Band Dissolution

10.1 Dissolution Process

The band may be dissolved by: ☐ Unanimous agreement ☐ Majority vote ☐ Decision by _______ members ☐ Other: _________________________________

10.2 Asset Distribution

If the band dissolves, assets will be distributed as follows:

Financial Assets:

Equipment:

Intellectual Property:

Band Name:

Why This Matters: Prevents fights over who gets what if the band breaks up.

Section 11: Dispute Resolution

11.1 Conflict Resolution Process

If disputes arise, members agree to:

First, attempt to resolve through direct conversation
If unresolved, bring to full band meeting
If still unresolved: ☐ Mediation ☐ Arbitration ☐ Other: _____________

11.2 Legal Jurisdiction

This agreement is governed by the laws of: _________________________________

Any legal disputes will be resolved in: _________________________________

Why This Matters: Provides a process for resolving conflicts before they destroy the band.

Section 12: Agreement Modifications

This agreement may be modified by: ☐ Unanimous agreement of all members ☐ Majority vote of members ☐ Other process: _________________________________

All modifications must be: ☐ In writing ☐ Signed by all members ☐ Dated

Why This Matters: Allows the agreement to evolve with the band while ensuring changes are documented.

Section 13: Signatures

By signing below, each member acknowledges that they have read, understood, and agree to the terms of this Band Agreement.

Member 1:

Signature: _________________________________ Date: _____________