Entertainment Contract Document Without Comments In Washington
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FAQ
In Washington, the basic maxim is “An agreement is enforceable if its terms are reasonably certain.” The terms of a contract are “reasonably certain” if they provide the ability for determining a breach/default and for giving an appropriate remedy in case of breach/default.
How to write a contract agreement in 7 steps. Determine the type of contract required. Confirm the necessary parties. Choose someone to draft the contract. Write the contract with the proper formatting. Review the written contract with a lawyer. Send the contract agreement for review or revisions.
Implied contracts are contracts formed by the actions, conduct, or circumstances of parties to an agreement. Unlike express contracts, they are neither oral nor written agreements. Implied contracts are either characterized as implied-in-fact or implied-in-law.
A contract is created at law when there is a mutual exchange of promises upon reasonably understandable terms and conditions. A contract does not have to be reduced to writing in order to be enforceable; however, for the purposes of this manual, the term contract is intended to mean a written form of communication.
This is known as the Statute of Frauds. Some examples are real estate contracts, leases for more than one year and contracts for the sale of goods that exceed $500.00. Without a writing, you would be unable to enforce the contract if you believe the other party had breached its terms.
Implied contracts are less formal but just as legally binding. They exist when two parties act in a certain way and establish terms and conditions through their actions, even if there is no formal verbal or written contract.
How to draft a contract between two parties: A step-by-step checklist Know your parties. Agree on the terms. Set clear boundaries. Spell out the consequences. Specify how you will resolve disputes. Cover confidentiality. Check the legality of the contract. Open it up to negotiation.
Key elements of an entertainment contract Parties involved. Clearly identify all parties involved in the contract. Scope of work. Detail the specific services or performances expected. Compensation. Duration of contract. Intellectual property rights. Confidentiality. Termination clauses. Indemnity and liability.
Generally, you should limit your comments to matters that could cause confusion, could add risk, or don't reflect your understanding of the deal. Don't make changes to make the language conform to what you think contract language should look like.
Protect Your IP Rights: Most entertainment contracts include provisions addressing how the intellectual property rights of the parties will, or will not, be exploited and for how long. Common issues that will arise include, among others, assignments, royalties, distribution rights, and licensing agreements.
