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 Sacramento
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State:
Multi-State
County:
Sacramento
Control #:
US-0021BG
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Word;
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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.
What is an example of a force majeure event? Typical force majeure events include natural disasters (fire, storms, floods), governmental or societal actions (war, invasion, civil unrest, labor strikes), and infrastructure failures (transportation, energy).
Neither Party shall be liable for failure of or delay in performing obligations set forth in this Agreement, and neither shall be deemed in breach of its obligations, if such failure or delay is due to natural disasters or any causes beyond the 5 reasonable control of either Party.
These may include earthquakes, floods, fire, plague, Acts of God (as defined in the contract or in applicable law) and other natural disasters. These are events which are not within the control of the Host Government.
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.
Nevertheless, THE FORCE MAJEURE EVENT has severely limited _____________'s ability to PERFORM OBLIGATIONS UNDER THE CONTRACT to the point where invoking force majeure is necessary. ingly, we write to request NATURE OF RELIEF SOUGHT due to the unforeseen impact of THE FORCE MAJEURE EVENT.
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.”
Force majeure events are usually defined as certain acts, events or circumstances beyond the control of the parties, for example, natural disasters or the outbreak of hostilities.
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 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.
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Force majeure is a common clause in California agreements which frees both parties from liability or obligation when an extraordinary event or circumstance The performance of this Agreement may be discontinued or temporarily suspended in the event of Force. Majeure.This page contains Force Majeure clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses. For example, some contracts allow for cancellation or early termination under specific circumstances. This page includes examples of Force Majeure clauses from agreements found on this site. Force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. This is a Management Services Agreement ("Agreement") between the Foundation for California. Sacramento City Unified School District. Force majeure upon its or their performance of the Agreement and to fulfil its or their obligations under the Agreement.