Merchandising Agreement

Access our Free Sample of a Merchandising Agreement Template.

We understand the complexities artists face when merchandising their brand in the music industry. That’s why we’re offering this comprehensive, easy-to-use Merchandising Agreement template for free. This simplifies the often intricate world of merchandising contracts, covering everything from product design and manufacture to sales, marketing, and more.

If you want to save even more time with a professionally formatted template and dynamic fields, consider our premium version in PDF & Word format. Reduce hassle and focus on promoting your brand, confident in the knowledge that your legal bases are covered.

[Your Name/Organization]

[Address]

[City, Postal Code]

[Country]

[Date]

[Musical Artist/Band Name]

[Address]

[City, Postal Code]

[Country]

[Merchandising Company Name]

[Address]

[City, Postal Code]

[Country]

Introduction to Merchandising Agreement

Comment: This agreement establishes the terms and conditions of the relationship between a musical artist or band and a merchandising company for the creation, distribution, and sale of merchandise featuring the artist’s name, logo, or likeness. It outlines the product design, payment terms, and royalty rates. It is advisable to consult with a qualified attorney to customize the agreement according to your specific needs and comply with applicable laws.

1. Parties

Comment: This section identifies the parties involved in the agreement.

This Merchandising Agreement (the “Agreement”) is entered into on this _____ day of ______, 20 (the “Effective Date”), by and between [Musical Artist/Band Name] (referred to as the “Artist”) and [Merchandising Company Name] (referred to as the “Company”), collectively referred to as the “Parties.”

2. Grant of Rights

Comment: This section outlines the rights granted by the Artist to the Company for the creation, distribution, and sale of merchandise.

2.1 The Artist grants the Company the exclusive right to use the Artist’s name, logo, likeness, and any other designated elements (collectively referred to as the “Materials”) for the purpose of creating, manufacturing, marketing, and selling merchandise.

2.2 The Company shall have the right to sublicense the granted rights to third parties for the purpose of manufacturing, marketing, and distributing the merchandise, subject to the limitations specified in this Agreement.

3. Product Design and Approval

Comment: This section addresses the product design process and the Artist’s approval rights.

3.1 The Company shall submit product designs and concepts to the Artist for approval. The Artist shall provide written approval or feedback within a reasonable time period as specified in Exhibit A attached hereto.

3.2 The Company shall not proceed with the production or distribution of any merchandise without the Artist’s prior written approval, except for merchandise that has been previously approved or falls within pre-approved categories as specified in Exhibit B attached hereto.

4. Payment Terms and Royalties

Comment: This section addresses the payment terms and royalty rates for the merchandise.

4.1 The Company agrees to pay the Artist a royalty based on the net sales of the merchandise as specified in Exhibit C attached hereto.

4.2 The royalty rate shall be calculated as a percentage of the net sales, which shall be defined as the gross sales minus any applicable deductions, such as manufacturing costs and shipping fees.

4.3 The Company shall provide the Artist with regular accounting statements and make royalty payments within [Specify the timeframe, such as quarterly or semi-annually] after the end of each accounting period.

5. Quality Control

Comment: This section ensures that the merchandise meets the Artist’s quality standards.

5.1 The Company shall ensure that the merchandise is of high quality and consistent with the Artist’s brand and image.

5.2 The Artist reserves the right to inspect samples of the merchandise before production and to conduct periodic quality control inspections during the term of this Agreement.

6. Ownership and Intellectual Property

Comment: This section addresses the ownership and intellectual property rights associated with the merchandise.

6.1 The Artist shall retain ownership of all intellectual property rights in the Materials and any pre-existing trademarks or copyrights.

6.2 The Company acknowledges that the rights granted under this Agreement do not confer any ownership rights or licenses in the Artist’s intellectual property.

7. Marketing and Promotion

Comment: This section outlines the marketing and promotion activities to be undertaken by the Company.

7.1 The Company agrees to use its best efforts to market and promote the merchandise in a manner consistent with the Artist’s brand and image.

7.2 The Company may use the Artist’s Materials for promotional purposes related to the merchandise, subject to the Artist’s prior approval as specified in Section 3.

8. Term and Termination

Comment: This section specifies the duration of the agreement and the conditions under which it can be terminated.

8.1 This Agreement shall commence on the Effective Date and continue for a period of [Specify the duration, such as a specific number of years] unless terminated earlier in accordance with this section.

8.2 Either Party may terminate this Agreement upon written notice to the other Party if there is a material breach of this Agreement, provided that the breaching Party fails to cure such breach within [Specify a reasonable cure period] after receiving written notice thereof.

9. Governing Law and Jurisdiction

Comment: This section determines the applicable law and the jurisdiction where any disputes arising from the agreement will be resolved.

9.1 This Agreement shall be governed by and construed in accordance with the laws of [Specify the governing law jurisdiction].

9.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of [Specify the jurisdiction].

10. Entire Agreement

Comment: This section confirms that the Agreement represents the entire understanding and agreement between the parties and supersedes any prior discussions or agreements.

10.1 This Agreement constitutes the entire understanding and agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

[Your Name/Organization]

By: [Your Name]

Title: [Your Title]

[Musical Artist/Band Name]

By: [Artist’s Name]

Title: [Artist’s Title]

[Merchandising Company Name]

By: [Company’s Name]

Title: [Company’s Title]

Comment: Please note that this is a sample Merchandising Agreement provided for informational purposes only. It is important to consult with a qualified attorney to tailor the agreement to your specific requirements and to ensure compliance with applicable laws in your jurisdiction.