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What does this contract stipulation mean:
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Mike Harrison
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Joined: 03 Nov 2007
Posts: 2029
Location: Equidistant from New York City and Philadelphia, along the NJ Shore

PostPosted: Thu Sep 01, 2011 5:17 am    Post subject: What does this contract stipulation mean: Reply with quote

I'm unfortunately not in a position to hire a legal expert, so maybe some of you folks could help me understand this. I've signed a couple of agency contracts before, but have never seen this. (I get the first two paragraphs; it's the (a) paragraph I'm unsure about.)

Quote:
1. EXCLUSIVITY: Talent appoints Agency and Agency agrees to accept the appointment as Talent’s non-exclusive representative within the Territory, for the purpose of representing, booking and placement of Talent as a Performer in the Entertainment Industry as described herein.

Notwithstanding the foregoing, Talent appoints Agency and Agency hereby agrees to accept the appointment as Talent’s non-exclusive representative in all areas and all regions outside the Territory, for the purpose of representing, booking and placement of Talent in the Entertainment Industry, subject to the following provisions:

a) Talent may sign or already be signed to an Non-Exclusive Agency Agreement with an agency outside the Territory for representation, booking or placement services outside the Territory (“OTHER AGENT”). If Talent has an Other Agent, Talent must immediately forward to Agency, the name(s), contact information, and details of any leads, inquires, bookings or placements originating from the Other Agent. In the event Talent fails to inform Agency of the existence of an Other Agent, or fails to forward information on leads, inquiries, bookings or placements originating from Other Agent, Talent may be subject to payment of the full commission to both Agency and Other Agent (double-commissions) according to the terms of their respective agreements.

Any help at all would be greatly appreciated.

Thanks so much!
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Philip Banks
Je Ne Sais Quoi


Joined: 20 Jun 2005
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Location: Portgordon, Scotland

PostPosted: Thu Sep 01, 2011 6:05 am    Post subject: Reply with quote

It really means you have to fully disclose all work, potential or other wise from any introducer of business (agent) to you should said work be from the geographical area in which the agent represents you.

The key here is that you must share the information even if the agent has not sent you the same job.

Example.

I send you a $1,000 job (TV commercial) for a client in Beebop, the town in which your agent operates. You do not tell your agent, mainly because it's none of their business. You agent hears your voice on the TV commercial and because you've said nothing sends you a bill for 20%.

Why is that ok?
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Mike Harrison
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Joined: 03 Nov 2007
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Location: Equidistant from New York City and Philadelphia, along the NJ Shore

PostPosted: Thu Sep 01, 2011 6:33 am    Post subject: Reply with quote

Thanks, Philip. That's exactly what I thought they were asking. I think by now, most who know me know I tend to be suspicious... perhaps overly so. In this case, I wanted to be sure my suspicions were well-founded before suggesting this agent take a long walk down a short pier.

Would still like to hear comments from others, though.
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bransom
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Joined: 06 Nov 2008
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Location: St. Louis, MO

PostPosted: Thu Sep 01, 2011 8:05 am    Post subject: Reply with quote

The way I read it: You forward to this agent any and all leads or auditions that come in from anywhere in the world.

Umm, no. I don't think so.
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Bob Ransom
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ballenberg
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PostPosted: Thu Sep 01, 2011 8:23 am    Post subject: Reply with quote

They should be wearing cement shoes during the aforementioned pier-walk. And you should give them a good hard push. What a crock of s**t!
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ballenberg
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PostPosted: Thu Sep 01, 2011 8:29 am    Post subject: Reply with quote

Actually, thinking about this a moment longer, there is another, less facetious alternative--Send them back the contract with the provisions you do not agree to, crossed out and initialed. A contract is between two parties- It need not be--though they'd like you to think so--an ironclad "take it or leave it" proposition. Very kindly tell them everything is fine, except paragraph a, which you will be crossing out and initialing--they should also initial their acceptance of that change. If no, then go for the cement-filled shoes--after using the laces to tie their freaking, thieving hands behind their back.
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Philip Banks
Je Ne Sais Quoi


Joined: 20 Jun 2005
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PostPosted: Thu Sep 01, 2011 8:37 am    Post subject: Reply with quote

Bill's right. The closing question in my summary of the clause was serious, "why IS this ok?" The way I run my business, such a clause would never be ok.

Contracts. I make changes to them all the time. A contract with a US film producer has them agreeing to pay me an additional fee if with 8 month 47 days of the voice over session I get trampled by a herd of Danish speaking Wildebeest. Their legal duly signed and returned the document.

They expect you to read and sign whereas they never read, they just sign.
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bransom
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PostPosted: Thu Sep 01, 2011 8:52 am    Post subject: Reply with quote

Philip Banks wrote:
...has them agreeing to pay me an additional fee if with 8 month 47 days of the voice over session I get trampled by a herd of Danish speaking Wildebeest.


Hey, it could happen! I understand the wildebeest problem in northern Scotland is getting out of control.
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Deirdre
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PostPosted: Thu Sep 01, 2011 8:56 am    Post subject: Reply with quote

Man, I need that wildebeest clause in MY contracts.
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cyclometh
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Joined: 06 Aug 2010
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PostPosted: Thu Sep 01, 2011 10:30 am    Post subject: Reply with quote

I think that's why Van Halen put bizarre clauses in their contract rider, like having a bowl of M&Ms with al the green ones removed.

They didn't want the candy, they wanted to be sure the rider was read, because it did have stuff in it that was important.
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Corey "Vox Man" Snow
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Deirdre
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PostPosted: Thu Sep 01, 2011 10:50 am    Post subject: Reply with quote

BROWN ones. They wanted the brown ones removed.

http://en.wikipedia.org/wiki/Van_halen

Look at the Contract riders paragraph.
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Lizden
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PostPosted: Thu Sep 01, 2011 12:04 pm    Post subject: Reply with quote

Yeah!
Why would anyone want the GREEN ones out? Inoccent
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Yonie
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Joined: 31 Aug 2011
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PostPosted: Thu Sep 01, 2011 12:24 pm    Post subject: Reply with quote

Agency wants to act like Big Brother. My hair stood on end, I bared my fangs, and hissed a bit when I read the first post.
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cyclometh
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PostPosted: Thu Sep 01, 2011 12:53 pm    Post subject: Reply with quote

Deirdre wrote:
BROWN ones.


Ohnoes. Smile
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Corey "Vox Man" Snow
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Lee Gordon
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PostPosted: Thu Sep 01, 2011 2:07 pm    Post subject: Reply with quote

Most US film producers carry Danish-speaking wildebeest insurance from Lloyds of London.
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