US Legal Forms
Artist Management Agreement

Sample Management Contract With Force Majeure In Pennsylvania

Category:

Contracts - Entertainment

State:

Multi-State

Control #:

US-0021BG

Format:

Instant download

Description

Itâ€™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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If force majeure continues to a point where performance would be radically different from that contemplated, the contract will be frustrated, and terminated, without recourse by either party.

Either Party shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to a Natural Force Majeure Event.

For events to constitute the use of force majeure, they must be unforeseeable, external to contract parties, and unavoidable. Force majeure means “greater force” and is related to an act of God, an event for which no party can be held accountable.

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.

There are generally three essential elements to force majeure: • tt can occur with or without human intervention • it cannot have reasonably been foreseen by the parties • It was completely beyond the parties' control and they could not have prevented its consequences.

In contract law, force majeure (/ˌfɔːrs məˈʒɜːr/ FORSS mə-ZHUR; French: fɔʁs maʒœʁ) is a common clause in contracts which essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, epidemic, or sudden ...

Most clauses will provide that if the impact of the force majeure event is not lifted within a certain time, for example 6 or 12 months, then the parties will have the right to terminate the contract. The parties should also consider the knock-on effect on other provisions under the contract.

Contract end by performance. A contract can end when the parties have done all that the contract requires of them. Contract end by agreement. A contract can end when both parties agree to end it before the work is complete. Contract end by frustration. Contract end for convenience. Contract end due to a breach.

Examples of events that might trigger a force majeure clause into effect include a declaration of war, a disease epidemic, or a hurricane, earthquake, or other natural disaster events that fall under the legal term, “act of God.”

For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.

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A Force Majeure Clause is a legal concept that allows one party to a contract to suspend, excuse, or terminate contractual obligations. 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. Force majeure clauses, whether in construction contracts or other types of contracts, are meant to address events that could not reasonably have been foreseen. Below is an example of a notification letter declaring that a force majeure event has occurred in a commercial transaction. "Force Majeure Event" has the meaning ascribed to such term in Section 12.3. Provision of the Contract, the Contractor's exclusive remedy shall be to seek damages in the Board of Claims. V.28 CONTRACT-022.1 Force Majeure (Oct 2006). As explained in that article, force majeure is a contractual term that only applies if it is included in the governing contract. We encourage you to reach out to your Gibson Dunn contact to discuss specific questions or issues that may arise.

Sample Management Contract With Force Majeure In Pennsylvania

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Can you terminate a contract under force majeure?

How do you write a force majeure clause in a contract?

What are the requirements for a force majeure clause?

Can force majeure be used to terminate a contract?

What are the three elements of force majeure?

What is the force majeure clause in a contract?

What is the force majeure termination event?

What are the four major ways that a contract can be terminated?

What is an example of the term force majeure?

Which is not an example of force majeure?

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