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.
Sample Management Contract With Force Majeure In Middlesex
Category:
State:
Multi-State
County:
Middlesex
Control #:
US-0021BG
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Word;
Rich Text
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FAQ
A party may no longer be able to deliver on the contract - which in turn can give rise to rights to terminate the contract altogether. Termination by performance. Termination by Agreement. Termination for Breach of Contract. Termination by frustration.
A force majeure clause is a provision in a contract that allows one or both parties to suspend or terminate their obligations in the event of an extraordinary circumstance that is beyond their control and makes the performance of the contract impossible or impracticable.
A force majeure clause is a provision in contracts that provides a safety net for parties involved when unforeseen and uncontrollable events disrupt the ability to fulfill contractual obligations.
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 clause excuses contract obligations when unforeseen events like natural disasters, wars, or government actions prevent performance.
Termination — In cases where the force majeure event is severe and long-lasting, the contract may allow for its termination, meaning the parties are released from their obligations entirely because the event has made it impossible or impractical to continue with the contract.
Parties seeking to rely on force majeure are required to show and evidence (i) that the event is unforeseeable and inevitable; (ii) that the event is out of the risks and liabilities under the contract; and (iii) the impact of such event on the performance of their obligations.
For example, imagine that A contracts to repair B's deck. While the contract is pending, a fire destroys B's deck (through no fault of A). A's performance has become impracticable, and its duty is discharged. Standards to show impracticability vary by state.
A "force majeure" clause (French for "superior force") is a contract provision that relieves the parties from performing their contractual obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible.