Band Agreement Template: Complete Legal Protection Guide (2025)
TL;DR: A band agreement protects every member by defining ownership, revenue splits, decision-making, and exit terms. Without one, you’re risking expensive legal battles over royalties, band names, and song credits. This guide shows you exactly what to include and provides a complete template.
Why Band Agreements Matter (Before It’s Too Late)
Here’s the uncomfortable truth: most bands don’t think about legal agreements until something goes wrong.
You’re too busy writing songs, booking shows, and building your sound to worry about contracts. But when your band starts earning royalties, someone wants to leave, or you’re fighting over who owns the master recordings, those conversations get expensive fast.
Famous bands that learned the hard way:
- Pink Floyd: David Gilmour and Roger Waters spent millions battling over rights to tour as Pink Floyd, eventually running competing versions simultaneously
- Guns N’ Roses: Axl Rose secured exclusive rights to the name, leaving original members unable to perform as GNR despite founding the band
- Stone Temple Pilots: Legal battles over firing members and band name usage cost hundreds of thousands in legal fees
These bands had resources. Most don’t. A solid band agreement costs a few hundred dollars now or thousands (potentially millions) later.
What You’ll Learn:
- Critical elements every band agreement must include
- How to split royalties and revenue fairly
- What happens when members leave or join
- How to protect your band name and intellectual property
- Free downloadable template you can customize
What is a Band Agreement?
A band agreement (also called a band partnership agreement) is a legal contract between all band members that defines how your band operates as a business.
Think of it as the constitution for your musical partnership. It establishes:
- Who owns what: Songs, recordings, equipment, the band name
- How money works: Revenue splits, expense sharing, royalty distribution
- How decisions get made: Voting rights, unanimous vs. majority decisions
- What happens with change: New members, departing members, breakup scenarios
Band Agreement vs. Partnership Agreement
These terms are often used interchangeably. A band partnership agreement typically refers to the legal structure (general partnership, LLC, etc.), while a band agreement covers operational details. Most bands need both elements in one comprehensive document.
Do You Really Need One?
You need a band agreement if:
- ✅ You’re earning money from gigs, streaming, or merch
- ✅ You’re recording original music
- ✅ Multiple people contribute creatively
- ✅ You share equipment or expenses
- ✅ You plan to use the band name professionally
You might skip it if:
- ❌ It’s a solo project with hired session musicians
- ❌ You’re purely a cover band with no original material
- ❌ It’s a temporary collaboration for a single project
Even if you trust your bandmates completely (and you should), people change, circumstances evolve, and memories get fuzzy. Put it in writing.
The Core Elements: What Every Band Agreement Must Include
1. Band Member Details and Roles
What to specify:
- Legal names and contact information for all members
- Instrument/role assignments (vocalist, guitarist, drummer, etc.)
- Start date for each member
- Any special roles (band leader, manager, booking coordinator)
Example clause:
"The band consists of: John Smith (vocals/guitar), Sarah Johnson (bass), Mike Chen (drums), and Emily Rodriguez (keyboards). All members are considered equal partners unless otherwise specified in this agreement."
Why it matters: This establishes who’s actually in the band and avoids "I was never really a member" disputes later.
2. Ownership of the Band Name
This is huge. The band name is your brand, your identity, and potentially your most valuable asset.
Key questions to address:
- Who owns the trademark rights to the band name?
- What happens if a member leaves—can they use the name?
- What percentage of original members must remain to use the name?
- Can former members perform under similar names?
Common approaches:
Option A: Collective Ownership All current members own the name equally. If someone leaves, remaining members retain rights. If the band dissolves, no one can use the name without unanimous consent.
Option B: Designated Owner One member (often the founder) owns the name. Others have rights to use it while they’re in the band. This prevents situations where departed members claim partial ownership.
Option C: Majority Rule Whoever holds the majority of members from the original lineup controls the name.
Real-world example: Oasis dissolved partly due to conflicts between the Gallagher brothers over band identity and direction. A clear ownership clause could have defined succession rights.
3. Intellectual Property Rights
This covers who owns the music you create together.
Three types of IP to address:
Musical Compositions (Songs)
- Who owns the copyright to songs written together?
- How are writing credits split?
- What about songs written by individual members?
Sound Recordings (Masters)
- Who owns the master recordings?
- How are production costs and ownership divided?
- What happens to recordings if the band breaks up?
Band Brand Assets
- Logo designs
- Merchandise artwork
- Social media accounts
- Domain names and websites
Sample clause:
"All original compositions created collaboratively by band members are owned equally by all contributing writers. Individual compositions remain the sole property of the writer unless explicitly credited otherwise. Master recordings are owned equally by all band members at the time of recording."
[[tip type="warning"]] Critical Point: If you don’t specify ownership in writing, copyright law defaults to each creator owning their contribution. This can create complicated co-ownership situations. [[/tip]]
4. Revenue and Royalty Distribution
Money ruins bands faster than anything else. Get specific about how every revenue stream gets split.
Income sources to address:
| Revenue Type | How to Split It |
|---|---|
| Live Performance Fees | Typically split equally among members |
| Merchandise Sales | Equal split or percentage to designer/manager |
| Streaming Royalties | Based on songwriting credits (composition) and member status (recording) |
| Sync Licensing | Usually follows songwriting splits |
| Album Sales | Equal split among members at time of recording |
Example split structure:
"Performance revenue from live shows will be split equally among all performing members after deducting agreed-upon expenses (travel, lodging, equipment rental). Songwriting royalties will be split according to writing credits registered with the performance rights organization. Recording royalties from streaming and sales will be divided equally among all members who performed on the recording."
Handling expenses:
Define what gets deducted before splits:
- Equipment purchases and maintenance
- Recording costs
- Marketing and promotion
- Travel and accommodation
- Manager/agent fees
5. Decision-Making Processes
How do you make band decisions? Not every choice needs a full meeting, but the big ones do.
Decisions requiring unanimous consent:
- Adding or removing members
- Changing the band name
- Signing record deals or major contracts
- Selling the band’s intellectual property
- Dissolving the band
Decisions requiring majority vote:
- Booking shows and tours
- Merchandise designs
- Social media content
- Recording session details
- Budget allocations under $X amount
Day-to-day decisions: Designate specific members for routine tasks (social media, booking, equipment) without requiring group approval.
Example clause:
"Major band decisions require unanimous approval from all members. Operational decisions may be made by majority vote (3 out of 4 members). Day-to-day administrative tasks may be handled by designated members without group consultation."
6. Adding and Removing Members
Bands evolve. Members leave, new players join. Define the process before emotions run high.
When someone wants to leave:
- What notice period is required? (30-90 days is common)
- Do they retain ownership of past recordings?
- Can they perform songs they co-wrote?
- How are buyouts calculated for equipment/assets?
- What happens to their share of future royalties?
When someone needs to be removed:
- What constitutes grounds for removal? (Substance abuse affecting performance, legal issues, chronic unreliability)
- What voting threshold is required? (Typically unanimous among remaining members)
- How are assets and royalties handled?
When adding new members:
- What’s the audition/trial period?
- When do they become full equity partners?
- Do they receive retroactive ownership of existing catalog?
- What voting rights do they have during probation?
Sample clause:
"A member may voluntarily exit the band with 60 days written notice. Upon departure, the member retains songwriting royalties for compositions they authored but forfeits ownership claims to the band name, master recordings, and collective assets. Remaining members may buy out the departing member’s equipment share at fair market value."
7. Dispute Resolution
Even with a great agreement, conflicts happen. Define how you’ll handle them without lawyers.
Recommended process:
- Direct conversation: Members attempt to resolve issues through dialogue
- Mediation: Bring in a neutral third party to facilitate discussion
- Binding arbitration: Formal process with a decision-maker, less expensive than court
- Legal action: Last resort only
Example clause:
"In the event of disputes, members agree to first attempt resolution through direct communication. If unsuccessful after 30 days, parties will engage a professional mediator. If mediation fails, parties agree to binding arbitration under [state] law before pursuing litigation."
[[tip type="info"]] Pro Tip: Include a clause requiring the losing party in legal disputes to pay all legal fees. This discourages frivolous lawsuits. [[/tip]]
8. Band Dissolution Terms
What happens if the band breaks up?
Critical questions:
- Who gets the master recordings?
- Who can perform songs live?
- How are streaming royalties distributed?
- What happens to equipment and physical assets?
- Can anyone use the band name?
Common approaches:
Option 1: Collective Freeze All assets remain jointly owned. No one can release recordings, use the name, or license songs without unanimous consent.
Option 2: Buyout Structure One member (or group of members) can buy out others’ shares at a predetermined formula (e.g., 3x last year’s revenue).
Option 3: Asset Auction Assets are valued and auctioned among members, with proceeds split according to ownership percentages.
Band Agreement Template: Complete Framework
Here’s a comprehensive template you can customize for your band. Have an entertainment lawyer review it before signing.
BAND PARTNERSHIP AGREEMENT
This Agreement is entered into as of [DATE] by and between:
[MEMBER 1 NAME], residing at [ADDRESS]
[MEMBER 2 NAME], residing at [ADDRESS]
[MEMBER 3 NAME], residing at [ADDRESS]
[MEMBER 4 NAME], residing at [ADDRESS]
collectively referred to as "the Band" and individually as "Member."
1. BAND NAME AND FORMATION
1.1 The band shall operate under the name "[BAND NAME]" (the "Band Name").
1.2 Ownership of the Band Name shall be [CHOOSE: equally shared / owned by [NAME] / owned collectively with majority control].
1.3 Upon dissolution or member departure, rights to the Band Name shall [CHOOSE: remain with majority of original members / revert to [NAME] / require unanimous consent for use].
2. BAND MEMBERSHIP
2.1 Current Members:
- [NAME]: [ROLE/INSTRUMENT]
- [NAME]: [ROLE/INSTRUMENT]
- [NAME]: [ROLE/INSTRUMENT]
- [NAME]: [ROLE/INSTRUMENT]
2.2 All members are considered equal partners unless specified otherwise in this agreement.
3. INTELLECTUAL PROPERTY OWNERSHIP
3.1 Musical Compositions:
- Collaboratively written songs are owned equally by contributing writers
- Writing credits will be determined at the time of composition
- Individual compositions remain the property of the sole writer
3.2 Sound Recordings (Masters):
- Master recordings are owned equally by all members performing on the recording
- Ownership percentages: [SPECIFY IF NOT EQUAL]
3.3 Band Assets:
- The Band Name, logo, and associated trademarks are collectively owned
- Social media accounts and domain names are band property
- Merchandise designs are owned by [BAND / DESIGNER]
4. REVENUE DISTRIBUTION
4.1 Performance Income:
- Live performance fees shall be split [EQUALLY / PERCENTAGE] among performing members after deducting:
* Venue rental and technical costs
* Travel and accommodation expenses
* Equipment rental or repair costs
* Manager/agent fees of [X]%
4.2 Recording Revenue:
- Streaming and sales revenue split [EQUALLY / BY PERCENTAGE] among members who performed on recordings
- Songwriting royalties distributed according to registered credits with [PRO NAME]
4.3 Merchandise:
- Net profits from merchandise sales split [EQUALLY / PERCENTAGE]
- Deductions for production costs, shipping, and storage
4.4 Licensing and Sync:
- Sync licensing fees split according to songwriting credits
- All sync opportunities require [UNANIMOUS / MAJORITY] approval
5. FINANCIAL MANAGEMENT
5.1 A band bank account shall be established at [BANK NAME] requiring [NUMBER] signatures for transactions over $[AMOUNT].
5.2 Financial records shall be maintained by [DESIGNATED MEMBER] and made available to all members quarterly.
5.3 Major expenses over $[AMOUNT] require [UNANIMOUS / MAJORITY] approval.
5.4 Annual financial statements shall be prepared and distributed by [DATE] each year.
6. DECISION-MAKING AUTHORITY
6.1 Unanimous Consent Required:
- Adding or removing members
- Changing the Band Name
- Signing recording contracts or publishing deals
- Dissolution of the band
- Selling or licensing the band catalog
- Expenses exceeding $[AMOUNT]
6.2 Majority Vote Required:
- Booking tours and live performances
- Merchandise designs and production
- Recording session details
- Marketing and promotional strategies
- Expenses between $[AMOUNT] and $[AMOUNT]
6.3 Designated Authority:
- [MEMBER NAME] authorized for day-to-day booking decisions
- [MEMBER NAME] authorized for social media management
- [MEMBER NAME] authorized for equipment maintenance
7. EQUIPMENT AND ASSETS
7.1 Band-Owned Equipment:
- [LIST MAJOR EQUIPMENT WITH VALUES]
- Equipment purchased with band funds is collectively owned
- Equipment value: $[TOTAL]
7.2 Personal Equipment:
- Members retain ownership of personal instruments and gear
- Personal equipment list maintained separately
7.3 Upon dissolution, band equipment shall be [SOLD AND PROCEEDS SPLIT / DISTRIBUTED BY VALUE / AUCTIONED AMONG MEMBERS].
8. MEMBER DEPARTURE
8.1 Voluntary Departure:
- Departing member must provide [NUMBER] days written notice
- Member retains songwriting royalties for authored compositions
- Member forfeits rights to Band Name and master recordings
- Member's share of band equipment bought out at fair market value
8.2 Involuntary Removal:
- Grounds for removal include:
* Repeated failure to attend rehearsals/performances
* Substance abuse affecting band performance
* Criminal conviction affecting band reputation
* Breach of this agreement
- Removal requires [UNANIMOUS / SUPERMAJORITY] vote of remaining members
- Removed member retains songwriting royalties only
8.3 Financial Settlement:
- Departing member receives [PERCENTAGE / NONE / NEGOTIATED] share of:
* Band equipment value
* Outstanding revenue owed
* Future royalties from past recordings: [YES/NO]
9. ADDING NEW MEMBERS
9.1 New members require [UNANIMOUS / MAJORITY] approval from existing members.
9.2 Trial period of [NUMBER] months during which new member:
- Receives [PERCENTAGE]% of performance revenue
- Has [NO / LIMITED] voting rights
- Does not receive ownership of existing catalog
9.3 Upon full membership, new member receives:
- Equal voting rights
- Full revenue share from future work
- [RETROACTIVE / NO] ownership rights to existing catalog
10. DISPUTE RESOLUTION
10.1 Members agree to resolve disputes through the following process:
Step 1: Direct negotiation among involved members (30 days)
Step 2: Mediation with neutral third-party mediator (60 days)
Step 3: Binding arbitration under [STATE] law
Step 4: Litigation as last resort
10.2 Prevailing party in legal disputes shall be reimbursed for reasonable attorneys' fees.
10.3 During dispute resolution, band obligations (performances, deadlines) shall be honored unless impossible.
11. BAND DISSOLUTION
11.1 The band may be dissolved by [UNANIMOUS / SUPERMAJORITY] vote of members.
11.2 Upon dissolution:
- Master recordings: [REMAIN JOINTLY OWNED / SOLD / DISTRIBUTED]
- Band Name: [FROZEN / TRANSFERRED TO [NAME] / AVAILABLE FOR LICENSING]
- Equipment: [SOLD WITH PROCEEDS SPLIT / DISTRIBUTED BY VALUE / AUCTIONED]
- Outstanding royalties: [DISTRIBUTED ACCORDING TO CREDITS / SPLIT EQUALLY]
11.3 No member may use the Band Name after dissolution without [UNANIMOUS / MAJORITY] consent.
11.4 Members may perform band songs live if they:
- [WERE CREDITED AS WRITER / PERFORMED ON ORIGINAL RECORDING]
- [MUST / NEED NOT] credit the band in promotional materials
- Pay appropriate royalties to co-writers
12. GENERAL PROVISIONS
12.1 Entire Agreement:
This agreement constitutes the entire understanding between members and supersedes all prior discussions.
12.2 Amendments:
This agreement may only be modified in writing with [UNANIMOUS / SUPERMAJORITY] consent.
12.3 Governing Law:
This agreement shall be governed by the laws of [STATE/COUNTRY].
12.4 Severability:
If any provision is found invalid, remaining provisions remain in full effect.
12.5 Assignment:
Members may not assign their rights or obligations without [UNANIMOUS / MAJORITY] consent.
SIGNATURES
______________________________ Date: __________
[MEMBER 1 NAME]
______________________________ Date: __________
[MEMBER 2 NAME]
______________________________ Date: __________
[MEMBER 3 NAME]
______________________________ Date: __________
[MEMBER 4 NAME]
WITNESS (Optional but recommended):
______________________________ Date: __________
[WITNESS NAME]How to Customize This Template for Your Band
Step 1: Fill in the Basics
Start with the easy parts:
- Member names and addresses
- Band name
- Formation date
- Each member’s role/instrument
Step 2: Make the Big Decisions
Before filling in bracketed choices, discuss these with your band:
Ownership structure:
- Equal partnership or weighted by contribution?
- Who owns the band name?
- How are writing credits determined?
Money splits:
- Equal share or performance-based?
- How are expenses handled?
- What about members who contribute more financially?
Control and voting:
- What requires unanimous decisions?
- Who handles day-to-day operations?
Step 3: Customize Revenue Sections
Every band’s income is different. Add specific percentages for:
- Live performance splits
- Merchandise profit distribution
- Streaming/sales revenue
- Licensing opportunities
Step 4: Define Your Exit Strategy
This is the hardest conversation to have, but the most important:
- How much notice is required to leave?
- What happens to equipment?
- Do departed members get future royalties?
- Who can use the band name after breakup?
Step 5: Add Band-Specific Clauses
Consider adding sections for:
- Manager/agent agreements and fee splits
- Recording fund allocation
- Social media and branding guidelines
- Tour planning and approval process
- Rehearsal and availability expectations
Common Mistakes to Avoid
Mistake #1: Waiting Until You "Make It"
Why it’s wrong: By the time you have valuable assets (hit song, record deal, merch sales), members have already formed expectations and assumptions. Changing terms when money’s involved creates conflict.
Better approach: Create the agreement when you’re broke and nobody cares yet. It’s easier to negotiate fairly when there’s nothing to fight over.
Mistake #2: Using Generic Online Templates Without Customization
Why it’s wrong: Every band is unique. A template designed for a traditional four-piece rock band won’t work for a hip-hop collective with producers, featured artists, and songwriters.
Better approach: Use templates as a starting point, then customize extensively for your specific situation. Get legal review for anything involving significant money or assets.
Mistake #3: Vague Language About Ownership
Why it’s wrong: "We’ll split everything fairly" means nothing when emotions run high and money’s on the table. What seemed fair in 2020 might not feel fair in 2025.
Better approach: Be specific with percentages, dollar amounts, and timelines. If something is 50/50, write "50/50"—don’t write "equal" (equal to what?).
Mistake #4: No Plan for Members Leaving
Why it’s wrong: People leave bands all the time—life happens. Without a clear exit process, you’ll face fights over equipment, royalties, and name rights.
Better approach: Include detailed clauses about voluntary and involuntary departures, including notice periods, asset division, and ongoing royalty rights.
Mistake #5: Forgetting About Digital Assets
Why it’s wrong: Your Instagram account with 50K followers, your Spotify playlists, your verified TikTok—these are valuable assets often overlooked in traditional contracts.
Better approach: Explicitly address ownership of:
- Social media accounts and followers
- Domain names and email lists
- Streaming platform profiles
- Digital marketing assets
Mistake #6: No Review or Update Schedule
Why it’s wrong: Band agreements made in year one might not fit your situation in year five. Labels, managers, and new members change the equation.
Better approach: Include a clause requiring annual review of the agreement and unanimous consent for updates. Revisit major sections whenever significant changes occur (new member, record deal, major tour).
Legal Considerations and When to Hire a Lawyer
Do You Need a Lawyer?
You probably don’t need one if:
- Your band is brand new with no income
- You’re using this template for basic protection
- No members have significant financial investment
- You’re all friends who trust each other
You absolutely need one if:
- You’re signing with a label or publisher
- The band has substantial assets (equipment, catalog value, brand)
- Any member is investing significant money
- You’re forming an LLC or corporation
- There’s potential for serious revenue (touring, major releases)
What a Music Lawyer Does
An entertainment attorney can:
- Review and customize this template for your specific needs
- Advise on the best legal structure (partnership, LLC, corporation)
- Register trademarks for your band name
- Help with copyright registration for your catalog
- Negotiate with labels, publishers, and management
Cost expectations:
- Template review/customization: $500-$1,500
- Full custom agreement: $1,500-$5,000
- Ongoing legal counsel: $200-$500/hour
[[tip type="info"]] Pro Tip: Many music lawyers offer free initial consultations. Use this time to understand your needs before committing to paid services. [[/tip]]
Legal Structures for Bands
General Partnership (Default)
- Automatically created when you form a band
- No paperwork required
- All members personally liable for band debts
- Simplest but riskiest option
Limited Liability Company (LLC)
- Protects personal assets from band liabilities
- More complex tax reporting
- Requires state filing and annual fees
- Recommended for bands with significant income or assets
Corporation (S-Corp or C-Corp)
- Strongest legal protection
- Most complex administration
- Usually only for major touring acts
- Involves significant legal and accounting costs
For most bands, a solid partnership agreement is sufficient until you reach a level where asset protection becomes critical.
How Feedtracks Helps Protect Your Band Agreements
While a written agreement is essential, enforcing it requires proof that everyone signed and agreed to the terms.
Traditional problems with band agreements:
- Physical contracts get lost or damaged
- Members claim they never signed
- Modifications aren’t tracked
- No proof of when agreement was executed
Feedtracks solves this with blockchain certification:
Multi-Party Contract Certification
Upload your signed band agreement to Feedtracks and all members can certify it:
- Upload the executed agreement (PDF with all signatures)
- All members verify the document through the platform
- Blockchain certification creates an immutable record of the agreement and all certifying parties
- Timestamped proof showing exactly when each member certified
- Permanent certificate that can’t be altered or disputed
Why This Matters
Traditional approach:
- "I never agreed to that 50/50 split"
- "That’s not my signature"
- "We changed the terms verbally last year"
With blockchain certification:
- Timestamped proof of who certified and when
- Cryptographic verification prevents tampering
- Permanent record survives member departures
- Court-admissible evidence of agreement
Example workflow:
- Band creates agreement using this template
- All members sign physical or digital copy
- Upload PDF to Feedtracks
- Each member logs in and certifies the document
- Feedtracks generates blockchain certificate with all member signatures
- Everyone receives permanent proof of the certified agreement
Certify Your Band Agreement
Protect your partnership with blockchain-certified proof. Free for bands on Feedtracks.
Start Free Certification →Real-World Example: How a Band Agreement Prevented Disaster
The Situation:
Four-piece indie rock band "Echo Valley" formed in 2019. They created a basic band agreement using a template similar to this one, specifying:
- Equal ownership of all songs written collaboratively
- Unanimous consent required to add/remove members
- 60-day notice for voluntary departure
- Departing members keep songwriting royalties but forfeit master recording ownership
What Happened:
In 2023, their song "Midnight Drive" blew up on TikTok, generating 50M streams and interest from major labels. The guitarist wanted to leave for a solo career and claimed he should own the master recordings since he wrote the main riff.
The Agreement Saved Them:
- The written agreement clearly stated collaborative songs are co-owned equally
- The guitarist’s songwriting credits were documented, entitling him to composition royalties
- But the agreement specified master recordings remain with the band
- He received his percentage of streaming royalties (as a credited writer) but the band retained control of the master
Results:
- No expensive legal battle
- Clear terms everyone had agreed to when emotions weren’t high
- Guitarist got fair compensation for his creative contribution
- Band could continue licensing and releasing the track
- Both parties walked away with their defined shares
Without the agreement: This would have been a six-figure legal fight with uncertain outcomes, likely destroying relationships and the band’s momentum.
Frequently Asked Questions
Can we write our own band agreement without a lawyer?
Yes, especially when you’re starting out. Use this template as a framework, customize it for your specific situation, and have all members sign. For basic protection, this is sufficient. However, get legal review before signing any major deals or if substantial money is involved.
What if our band already exists without an agreement?
It’s never too late. Sit down with all members and create one now. Even if you’ve been together for years, documenting your current understanding prevents future disputes. Frame it as protecting everyone’s interests, not as a sign of distrust.
Do cover bands need agreements?
If you’re only performing covers and splitting gig money equally with no original material, a full agreement might be overkill. But if you have any original songs, invest in equipment together, or plan to record anything, get an agreement.
How often should we update our band agreement?
Review annually and update whenever major changes occur:
- New members join or leave
- You sign with a label or publisher
- Revenue increases significantly
- You change your business structure (partnership to LLC)
- Major disagreements reveal gaps in the original agreement
What happens if someone refuses to sign?
This is actually valuable information. If a potential member won’t sign a fair agreement protecting everyone’s interests, they probably don’t have the band’s best interests at heart. Better to know this before you’re financially entangled.
For existing members refusing to sign, have an honest conversation about their concerns. If they want different terms, negotiate. If they simply don’t believe in agreements, you might have incompatible approaches to business.
Can a band agreement prevent all disputes?
No agreement prevents all conflicts—bands are human relationships. But a good agreement:
- Reduces disputes by clarifying expectations upfront
- Makes resolution faster and cheaper when disputes do occur
- Provides a framework for fair outcomes
- Prevents the most destructive conflicts (ownership, money, rights)
Should we include our manager in the agreement?
No. Your band agreement is between members. Create a separate management agreement covering the manager’s fees, responsibilities, and term. If a band member also acts as manager, include a clause about their dual role and any additional compensation.
Advanced Clauses for Serious Bands
Once your band is generating significant income or has label interest, consider adding these sophisticated protections:
Non-Compete Clause
Prevents members from joining competing acts or starting similar projects during their time in the band:
"While a member of the band, no member shall perform with, record with, or otherwise participate in another musical project operating in the [GENRE] genre without unanimous consent from other members. This restriction expires [X] months after departure from the band."
Use carefully: This can feel restrictive. Consider limiting it to direct competitors or requiring disclosure rather than prohibition.
Key Person Clause
Addresses what happens if a founding member or primary songwriter leaves:
"In the event [KEY MEMBER NAME] departs the band, remaining members may choose to: (1) continue operating under the Band Name with a replacement, (2) rebrand under a new name, or (3) dissolve the band. This decision requires [UNANIMOUS/MAJORITY] vote among remaining members."
Recording Fund Allocation
For bands with label advances or recording budgets:
"Recording advances from labels or publishers shall be allocated as follows: [X]% to recording costs, [X]% to touring support, [X]% to member payments, [X]% to band savings. No member may withdraw recording funds without unanimous consent."
Merchandising Rights
Separate merchandising from performance revenue:
"The band retains exclusive rights to create and sell merchandise featuring the Band Name, logo, member likenesses, and album artwork. Net profits from merchandise shall be split [EQUALLY/BY PERCENTAGE] after deducting production costs and sales expenses."
Social Media Succession
Plan for who controls digital presence:
"Social media accounts, domain names, and email lists are band property managed by [DESIGNATED MEMBER]. Upon dissolution or member departure, access credentials must be transferred to [REMAINING MEMBERS/DESIGNATED SUCCESSOR] within [X] days."
Summary & Next Steps
Key Takeaways:
- ✅ Band agreements protect everyone’s interests and prevent expensive legal battles
- ✅ Create the agreement early, before money and emotions complicate negotiations
- ✅ Address the big four: ownership (name, songs, recordings), money (splits, royalties), control (voting, decisions), and exits (departure, dissolution)
- ✅ Customize templates for your specific situation—no two bands are identical
- ✅ Get legal review for anything involving significant assets or label deals
- ✅ Use blockchain certification to create tamper-proof evidence of the agreement
Action Items:
- [ ] Schedule a band meeting to discuss creating an agreement
- [ ] Download and customize the template above for your specific situation
- [ ] Discuss and agree on the critical terms: ownership, splits, voting, exits
- [ ] Have all members review the draft and suggest modifications
- [ ] Get legal review if you have significant assets or revenue
- [ ] All members sign the final agreement
- [ ] Upload to Feedtracks for blockchain certification
- [ ] Store original and certified copies safely
- [ ] Schedule annual review to keep agreement current
Related Articles
- Music Copyright Basics: What Every Artist Should Know
- How to Split Songwriting Credits Fairly
- Starting a Music Publishing Company: Complete Guide
About the Author: The Feedtracks team helps musicians protect their work with blockchain certification and secure audio collaboration tools. We’ve worked with hundreds of bands to certify agreements, track ownership, and prevent disputes.
Last Updated: November 2025