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 San Jose
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Multi-State
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San Jose
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US-0021BG
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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.
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.
In California, a party seeking to invoke a force majeure clause has to show “that in spite of skill, diligence and good faith on his part, performance became impossible or unreasonably expensive.” Oosten v. Hay Haulers Dairy Employees & Helpers Union, 45 Cal.
What Are Examples of Force Majeure? Events that could trigger a force majeure clause include war, terrorist attacks, a pandemic, or natural disasters that fall under the “act of God” category, such as a flood, earthquake, or hurricane.
In California, a party seeking to invoke a force majeure clause has to show “that in spite of skill, diligence and good faith on his part, performance became impossible or unreasonably expensive.” Oosten v. Hay Haulers Dairy Employees & Helpers Union, 45 Cal.
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.
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.
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.
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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 Agreement for the Use, Operation and Management of the San Jose Municipal Stadium between the City of San Jose ("City") and Baseball Acquisition Company, LLC.Notice for Force Majeure . 13.1 Force Majeure Event. (e). Force Majeure: Seller's obligation to deliver the applicable Contract Quantity for any. This page contains Force Majeure clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses. Agent shall execute all leases as agent for the Owner. In 2014, the City and. TSJ entered into two new agreements.