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 Recitals In Washington
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Recitals in a contract should be limited to intentions and statements of facts, and exclude any obligations, conditions, or warranties. Contract recitals are not legally binding on their own; however, they can be used to interpret the contracts' intentions in case of a dispute in the operative clauses.
An example of a management contract is a contract between a hotel owner and a management company where the management company runs the daily operations of the hotel on behalf of the owner.
Management Contracts Involving Hotels The contract is between the hotel owner and the management company, which takes over operation management. Sometimes, the contract is for only one of the outlets of the hotel, whereas in other instances, the contract may be for the entire hotel chain.
Typically, recitals are not legally binding. They are interpretative tools rather than enforceable parts of the contract. However, their content can influence the understanding and application of the operative clauses.
"During the Term, he shall devote substantially all of his business time to the performance of his duties under this Agreement, and shall perform such duties diligently, in good faith and in a manner consistent with the best interests of the Company."
Recitals in a contract should be limited to intentions and statements of facts, and exclude any obligations, conditions, or warranties. Contract recitals are not legally binding on their own; however, they can be used to interpret the contracts' intentions in case of a dispute in the operative clauses.
Writing Strong Recitals Clear Purpose. Write specific goals. Connect directly to main contract sections. Keep terminology consistent throughout. Essential Background. Focus on what matters legally. Present events in order. Reference critical documents. Party Details. Use exact legal names. Clarify each party's role.
In law, a recital (from Latin: recitare, "to read out") consists of an account or repetition of the details of some act, proceeding or fact. Particularly, in law, that part of a legal document—such as a lease, which contains a statement of certain facts—contains the purpose for which the deed is made.
Among the contract terms that too many people skip over are the “contract recitals.” These are more commonly known as the preamble or maybe introductory clauses. They generally aren't legally binding. However, they typically address the intent of the agreement.