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 Maricopa
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State:
Multi-State
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Maricopa
Control #:
US-0021BG
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Word;
Rich Text
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Key Takeaways. Force majeure is a clause included in contracts to remove liability for unforeseeable and unavoidable catastrophes that prevent participants from fulfilling obligations. These clauses generally cover natural disasters and catastrophes created by humans.
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.
In project management there is a term called Force Majeure, (“Acts of God”). Force majeure is a common clause in most contracts (a French expression which can be translated into “Superior Force”).
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.
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.
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.
The affected party must notify the other party about the occurrence of a force majeure event within a specified timeframe. This notice typically includes details of the event, its impact on performance, and the expected duration of the delay.
Force majeure alludes to conditions which are out of one's power, such as natural catastrophes or human activities like war and strikes. A well-drafted force majeure clause can excuse you from performing your contractual duties when certain defined circumstances arise that are outside your reasonable control.
If force majeure continues to a point where performance would be radically different from that contemplated, the contract will be frustrated, and terminated, without recourse by either party.