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 Philadelphia
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State:
Multi-State
County:
Philadelphia
Control #:
US-0021BG
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Word;
Rich Text
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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 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 ...
In the context of a commercial lease, a force majeure clause addresses a scenario when powers outside of a business's control prevent it from continuing to operate. Natural disasters, international supply chain disruptions and terrorist incidents could all potentially trigger force majeure clauses.
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.
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.
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.
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.
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.
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.