US Legal Forms
Artist Management Agreement

Sample Management Contract With Force Majeure In Philadelphia

Category:

Contracts - Entertainment

State:

Multi-State

County:

Philadelphia

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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FAQ

Because the concept is foreign, lawyers who review or draft contracts governed by U.S. law should start with the assumptions that 1) principles of force majeure will not be implied in a contract that does not expressly provide for them, and 2) U.S. courts will interpret and apply force majeure provisions narrowly.

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.

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.

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.

Issuing notice is a key component of a Force Majeure clause because it explains that the impact of a Force Majeure event cannot last forever. It will only allow a party to the contract to decry 'Force Majeure' for a certain period of time--usually within 5-10 days since the first day of the Force Majeure Event.

‍The Force Majeure clause should clearly identify the obligations that will be excused in the event of a Force Majeure event. The clause may specify that all obligations will be excused or only certain obligations, depending on the nature of the contract and the parties' preferences.

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.

Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.

The major difference in such cases is that, without a force majeure clause, the party that wants to be released from contract obligations has the burden of proof, which means that this party must prove their argument is correct. If the other contracting parties do not agree, this could lead to litigation.

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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 page contains Force Majeure clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses. Force majeure is a common clause in most contracts (a French expression which can be translated into "Superior Force"). A force majeure clause plays a significant role in shaping the parties' obligations under a contract, especially during unforeseen and uncontrollable events. The nature of the contract The form of a force majeure clause included in a contract for the sale of goods may often be based, at least in part, on template. Management Services Contract. Contract No. Dated: School District of Philadelphia. Force majeure is often treated as a standard clause that cannot be changed.

Sample Management Contract With Force Majeure In Philadelphia

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Why is it difficult to draft a force majeure clause?

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