Sample Management Contract With Force Majeure In New York

State:
Multi-State
Control #:
US-0021BG
Format:
Word; 
Rich Text
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Description

It’s important that the business arrangement between a manager and their client (artist, musician, songwriter, producer, engineer, etc) be put into writing and signed by both parties in the form of an artist management contract or music manager agreement.
Even though disasters cannot always be avoided, obligations can be made much clearer and responsibilities more easily understood with the presence of a written artist management agreement. Before you get an attorney to draft a contract for you, however, you should first take stock of what you are prepared to do with and for an artist and what you expect out of the relationship.
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FAQ

Also known as force majeure. A provision in an agreement that excuses a party's performance under the agreement to the extent its failure to perform is due to certain extreme circumstances outside that party's control, for example, due to the occurrence of a natural disaster or an act of terrorism or war.

If a contract does not contain a force majeure provision, there may still be remedies for non-performance. However, they are subject to broader interpretation under the common law.

Sample Language 3 The Parties hereby acknowledge that while current events related to the current epidemic/pandemic are known, future impacts of the outbreak are unforeseeable and shall be considered a Force Majeure event to the extent that they prevent the performance of a Party's obligations under this Agreement.

Describe the event: Provide a concise explanation of the force majeure event, including its nature, date of occurrence, and why it qualifies under the force majeure clause. Explain the impact: Clearly state how the event affects your ability to fulfill specific contractual obligations.

Elements of Force Majeure. A well-drafted force majeure clause typically includes defining events that qualify as force majeure, a notice requirement, mitigation efforts, and terms for suspension or termination. Other terms may apply.

Force majeure clause samples 10.2 The Party affected by Force Majeure shall not assume any liability under this Agreement. Section 15.12 Force Majeure. 6.4 If the agreement cannot be performed due to force majeure, the responsibility shall be exempted in part or in whole ing to the influence of force majeure.

Force Majeure provisions typically have three elements: (1) a list of types of events that are deemed to be triggering events, (2) a statement identifying the party bearing the risk of such a triggering event, and (3) a set of statements identifying the effect of such a triggering event on the obligations of the ...

Clause 19.1 defines a force majeure event as one: which is beyond a Party's control, which such Party could not reasonably have provided against before entering into the Contract, which, having arisen, such Party could not reasonably have avoided or overcome, and.

If a contract is silent on force majeure or if the event does not meet the definition of force majeure under the parties' contract, a party's performance may still be excused in certain circumstances under the doctrine of commercial impracticability.

Clause 19.1 defines a force majeure event as one: which is beyond a Party's control, which such Party could not reasonably have provided against before entering into the Contract, which, having arisen, such Party could not reasonably have avoided or overcome, and.

More info

Below is an example of a notification letter declaring that a force majeure event has occurred in a commercial transaction. Force majeure provisions in contracts often provide a list of force majeure events, e.g.This page contains Force Majeure clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses. All policies shall be written with insurance companies licensed to do business in. Learn what Force Majeure Clauses are with examples and samples. We've created a guide to the most common clauses found in contracts to explore in 2022. This article examines force majeure and other potential excuses from contractual performance under New York law. A force majeure clause is a contract provision that may excuse one party's failure to perform in the event of certain circumstances. A forcemajeure clause is contractual provision allocating the risk of loss if performance becomes impossible or impracticable.

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Sample Management Contract With Force Majeure In New York