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 Orange
Category:
State:
Multi-State
County:
Orange
Control #:
US-0021BG
Format:
Word;
Rich Text
Instant download
Description
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FAQ
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.
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.
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.
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.
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.
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.
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.
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.
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.
Here is an example of a force majeure clause template: Force Majeure: Neither party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, government restrictions, wars, insurrections, or natural disasters.