Contract agreements.

[otto]

I'm in the process of drawing one up to cover my rear when it comes to producing advertising jingles for clients - just so I can use it for my own promotion and retain ownership of the raw tracks, session etc.

Does anyone have a ready made one that they wouldn't mind sharing?

cheers,
otto

[Park Seward]

My advice is to have an attorney draw one up for your particular needs. If not worded properly, it will be useless if you ever have to sue anyone or if anyone brings you to court. Don't try to save money in legal matters. Find a good entertaiment law attorney.

[otto]

yes, i agree - the only problem ia that i'm located in the country and don't have direct access to a "specialist" lawyer. I am just looking for some important points to cover; after which I will pass it on to my brother who is "almost" qualified [img]images/icons/smile.gif[/img]

otto

[Nine Spine]

My advice would be to spend some time making a detailed list of all points that you can gather or think of and contact a "specialist" lawyer for the first version. Even contacting them by phone and listing the points and inclusions you are looking for by fax or something, can get the original release started with the correct wording and coverage. My bands have several contract for several different situations that have evolved for years. Contracts have a tendency to grow as you experience more situations. Our performace contract alone has grown from two pages to 9 in several years. If you contact a "real" lawyer they can get you started in the right direction and then your "brother in law" or whoever can help you make revisions to the contract by adding new articles and addenda.

Some quick pointers though would be:
1.) Properly spell everything
2.) Properly define who everybody is and what everything is, leave absolutely nothing to speculation.
3.) Include the service contract price, the scope of the work to be performed, Who is to perform which work and how.
4.) Include procedures for how to handle inconsistencies or omissions, Law and effect, where the contract is governed and where the venue of action is located
5.) Include rights to any attorneys fees by you or the contracting parties involved
6.) Include how the contract may be ammended, acknowledgements that the contract has been read and understood.
7.) Clearly define everyones obligations and duties provided within the contract
8.) Include accepted payment options.
9.) Clearly define any obvious or inobvious breaches of contract. What you think breaches the agreement needs to be clearly understood.
10.) Ask a lawyer about "Indemnification and Hold Harmless" and how it pertains to your specific situation.
11.) Clearly define any attachments and the procedure for adding/ammending articles within the contract.

12.) YOU SHOULD REALLY GET A LAWYER...... [img]images/icons/wink.gif[/img] [img]images/icons/wink.gif[/img]

Hope some of this helps.

[Kickin.da.speaker]

I suggest you .... CONTACT AN ATTORNEY! Really, I mean. You don't need to see him physically. Nine Spine has a very good list of things to think of first, and then make a few phone calls, select an attorney that is a Music specialist (any other attorney is worthless to you), call him and ask to consult him on the phone.

You're going to spend a few $$ but in the end you'll be glad you did.

Do it before it's too late!

[Mr T]

I've just signed a pretty good contract with a direct BIG client (you know that "small family company" that do cosmetics and makes almost all the models and actress in the world say "Because I'm worth it"...).
I begun dealing the contract by myself and then had some "on the phone" meetings with a specialized attorney. Well I can tell you: "It was worth it" ! There were sooo many thing I wasn't even aware of (specialy concerning "artistic" property), the "small" family company would have completely screwed me if I had sign this without any help. Once I was "lawyered up", their behaviour totally changed...in the good way...before it was "let's do this quickly and screw him as much as we can!", after it was "OK, what's going on? Is he trying to screw us?...Let's take some time to do this right".
So, as the others said, do get a (specialized) lawyer's advices...
You know why?..."Because you're worth it".

[Park Seward]

What was that old saying..." A man who acts as his own attorney has a fool for a client???" [img]images/icons/shocked.gif[/img]

[Chiba]

I used to write contracts for a graphic design company. We had 3 basic contracts we used (based on the level of service rendered) and each of them was overseen by a lawyer specializing in contract law. Once the basics were down, I would run 1 of every 5 contracts by him for verification and comment. With this ongoing process we were able to protect both our internal/artistic details and keep the money stuff straight.

Without the lawyer, as much as I hate to say this, we would have not had legal ground to stand on when a client welshed on a contract or tried to get out of one - which happened more than a few times in the 3 years I had that job.

--chiba

[vf124]

I don't do "Ks", but during my "Ks" class at the good ole Univ. of San Diego, some of my classmates (all now attys), drafted a "K" on a brown paper bag & it was quite good [img]images/icons/wink.gif[/img]

Stick to PTs & let the attys do the legal stuff...

[andyo]

Screw contracts. Handshake and a smile and your good name.

I don't use them.

And no, I do not live in Minneapolis and ride around in a purple limo.

It also helps that I am physically large and scary looking.

Andy