Most entertainment contracts have the same clauses but are detailed to fit the particular circumstances of the agreement. This post focuses on which clauses in a contract that you as a talent signing an entertainment contract should pay particular attention to.  Not all clauses discussed in this post, and in the follow up post, are necessary for every entertainment contract.  However for entertainment contracts for performance of a talent, or creative product/project, in exchange for pay, these clauses should be in the agreement, and should be a red flag if they are not. This is Part 1 of 2 posts.

Introductory Clause :

The introductory clause should of course state who the parties are that agreeing. This should include the names, stage name/pen name, addresses, title of the project/event/product/service, date of effectiveness, and time period of the contract (from when to when).

Consideration :

The consideration clause spells out what you will be doing or giving to the other party, in exchange for what the other party will be doing or giving you. This section can include milestones, payment distribution, percentage per item sold or downloaded, etc. All agreements for compensation, transfer of interest in a property, etc., no matter how small, need to be included in the contract, otherwise it can be easily disputed as to whether they were ever part of the contract. If you are entitled to any additional payment distribution after the completion of your obligation, this may be included in this clause or in a separate clause.

Representation & Warranties :

The representation and warranties clause states that the parties are actually able to perform the skills, obligations and/or responsibilities they have represented themselves as having for purposes of the agreement, and for a successful completion of the contract.  Sometimes this clause is included with an indemnification clause.

Indemnification :

The indemnification clause explains what exposure a party has under the agreement to liability for a claim that arises between the parties, or from a 3rd party action. Often one party is indemnifying the other party from certain types of 3rd party claims that arise during the course of the agreement.

*Check out my next blog post for Part 2 of Anatomy of Entertainment Contracts. As with all posts on this blog, this is general information and not legal advice. Consult with an entertainment attorney to review your specific situation.

#entertainmentcontracts #entertainmentlaw #indemnification #warranties clause #contractconsideration