Can Someone analyze this Contract for me?

[J-malice]

this is the contract that this du gave me. he wants to be my manager and sign me to his management company.

he is managin me as a producer not as an ARTIST!!! he says he can guarantee me an industry sale. so i am gonna have him re-write the contract say9in if i dont get an industry sale within 4 months then the contract is terminated. or somethin like that.

Personal Managemen-Artist Agreement

This agreement ("Agreement") is between ("Manager") and , and p/k/a ("Artist") under the following terms:

1. TERM: Manager is hereby engaged as the exclusive persona; manager and advisor to artist for one (1) year (hereinafter the "initial term") from the effective date of this Agreement and shall be renewes for one (1) one (1) year persion automatically unless either party shall given writeen notice of termination to the other not later then thirty (30) days prior to the expiration of the initial term or then current renewal period, as applicable, subject to the terms and conditions in this agreement.

2. SERVICES:
(A) Manager agrees during the term of this Agreement to advise, counsel and assist Artist in connection with all matters relating to Artist's Career in all brances of the music industry, including, without limitation the following:

(i) n decisions concerning Artists professional activities and career in the entertainment, amusement, music, recording and literary fields;

(ii) with respect to the adoption of the proper format for presentation of Artists talents and in the determination of proper style, mood and setting in keeping with Artists talents and best interest;

(iii) with respect to general practices in the entertainment, amusement, music, recordings and literary fields, and with respect to compensation and terms of contracts related thereto.

(iv) with respect to such matters pertaining to publicity, promotion, punlic relations and advertising.

(v) with respect to matters pertaining to such matters as Manger may have knowledge concerning compensation and privilages extended for similar artistic values such as songwriting, merchandise, endorsements erc.

(vi) with respect to agreements, documents, and contracts for Artists services, talents, and/or artistic literary and musical materials, or otherwise;

(vii) with respect to the selection, supervision and coordination of those persons, firms and corporations who may counsel, advise, procure employment, or otherwise render services to or on behalf or Artist, such as accountants, attourneys, business managers, publicists and talent agents, and

B) manager shall be required only to render reasonable services which are called for by this Agreement as and when reasonably requested by Artist. Manager shall not be required to travel or meet with Artist at any particular place or places, except in Manager's


thats how the contract looks. it ended just like that. no period or nuthin. but yea let me know if yall see anything that i should be concerned with.

 

[God]

I would be concerned with the fact that the contract does not even end properly. Are you sure there was no failure in the transmission of the contract? Assess what this guy can really do for you, or is he just a blowhard that talks a lot of shite with no ability to back things up.

There are many questions, that you yourself raised that address the abilities of this individual that will be your "manager." If he doesn't send you the right contract, or does not know what a producer's manager does, then those are questions that kind of address the competency of this individual. Think of this before involving yourself in such a situation.

Always have your contract looked at by somebody that is qualified. Like a lawyer. That way you can talk face to face.

Properly rationalise the situation. Do not let the bells and whistles of "what can happen," and "industry fame" get in the way. Utilise your street smarts to this situation.

Sincerely,
God

THIS POST IS NOT LEGAL OR BUSINESS ADVICE. SEEK A QUALIFIED ATTORNEY IF YOU DO NOT KNOW ANYTHING REGARDING YOUR SITUATION.

 

[Copenhagen]

First of all, is this your contract or his? If it is his, I would be a bit worried about a manager who cannot spell, and has not had somebody to look it through to clean it up, which makes his approach more unserious.

Personal Management-Artist Agreement

This agreement ("Agreement") is between ("Manager") and, p/k/a ("Artist") under the following terms:

1. TERM: Manager is hereby engaged as the exclusive persona; manager and advisor to artist for one (1) year (hereinafter the "initial term") from the effective date of this Agreement and shall be renewes for one (1) one (1) year persion automatically unless either party shall given writeen notice of termination to the other not later then thirty (30) days prior to the expiration of the initial term or then current renewal period, as applicable, subject to the terms and conditions in this agreement.

What does persion mean. Webster has no results for that word. Anyway, I wouldn't sign this. First, if you give him written notice that you wish to terminate the agreement 29 days before the year has ended, then that's a day too late and you have to keep him for another year. I would say, at least, after the first year, the contract just keeps on running until either party has given 30 day written notice of termination. Best thing would be to not mention the year at all, but just to have 30 or 60 days written notice from the beginning.
Then, if he hasn't gotten you any deals after 3 months or whatever, then you can just terminate the agreement, and won't have to add a clause about whether he get's you sales or not.

Also, if he is as good as he says, then he should also be able to provide you with a phone number to one of his clients who can verify if he does his job well.

thats how the contract looks. it ended just like that. no period or nuthin. but yea let me know if yall see anything that i should be concerned with.

Something is clearly missing, and again, this is very unprofessional.
Tell him that if he is to act on your behalf and be your "face" in the industry, then you have to demand that he has a more professional approach. You can't have him send off half contracts filled with spelling mistakes etc. If the industry cannot take you manager seriously, and have to spend time getting things sorted out, then they might as well pick another producer who has a manager that does his job well...

 

[J-malice]

the contract is on paper. i just typed up what was on the paper. but it was a half contract. he said he just gave me that to look over. and he is gonna e-mail the actual contract. but im switchin up the whole gameplan. im goin to sitdown with him and come up with a list of condidtions i want in the contract and jus have him rewrite it. thanx alot for all the help.

its his contract.

 

[maddogg]

IMO rather than have him make changes you should goto a lawyer and have your lawyer redo the contract how you want it.
Peace

 

[RigorMortis]

word @ maddogg, in that case he isnt able to put in a sneaky catch..

 

[J-malice]

IMO rather than have him make changes you should goto a lawyer and have your lawyer redo the contract how you want it.
Peace

damn why aint i think of that shit??????? good stuff good stuff.

 

[God]

Here's the leverage that the manager use:

"Hey, J-Malice, look man, if you don't like the contract the way it is. Find another manager. I'm not trying to screw anybody over. We're not major labels here, I'm just trying to help you out... and you come at me with this? I think you have talent, but now I have to call my lawyer... I don't know if the cost is worth it. I'm not trying to mess with you, we're both trying to make money here."

LOL. The old "swing it back in the player's face" trick.

Sincerely,
God

 

[God]

Also, forgive me Fade, for the second post...

1. The guy sounds like an amateur.
2. He probably doesn't have any pertinent contacts.
3. If he says he does, have him tell you who they are, and validate them.
4. Ask him about what other people he represented.
5. Do not sign anything that is not viewed by a legal professional first (lawyer.)
6. Remember, we are talking about your career. If he can't deliver, and you have an instinct he can't, judge that in your options.
7. He sounds like an arse, and you could take him to the bank in renegotiation because he's an amateur.
8. Will he hold you to the contract? Will he honour it? Probably not.
9. It's idiots like him that make it hard for people to come up in the music industry because he probably doesn't know his head from his arse and is trying to assume you as a responsibility when he probably hasn't done anything significant to date but gives people "promises".

F*ck promises. Tell him to show you the money.

Sincerely,
God

THIS IS NOT BUSINESS OR LEGAL ADVICE. ALWAYS SEEK THE COUNSEL OF AN ATTORNEY IF YOU DO NOT UNDERSTAND SOMETHING.

 

[Freakwncy]

God. Are you Jerry McGuire? Can you show us the money?

 

[God]

That is hilarious. LOL.

 

[J-malice]

LOL yall are wilin out. but yea he says he has Don Mandrick (outkast and ushers attourney). and also claims to have moved 40,000 units last year (in mixtapes). also claims to have shorty red (pee wee allstars). Im not sayin that i doubt him I just want my contract to be on point.

more importantly can someone tell me what the terms mean.
heres an exaple of what i mean...

(i) n decisions concerning Artists professional activities and career in the entertainment, amusement, music, recording and literary fields;

this means that he has to counsel and advise me in decisions concerin my activites.

i dont really understand what (ii) (iii) (iv) (v) (vi) and (vii) mean...im thrown off by "with respect to"
so if there is anyone here that understands all this contract jargon can you tell me what those sections are sayin??? thanx

 

[Freakwncy]

it just means first and secondly and third and so on... but someone correct me if i'm wrong.

 

[Copenhagen]

Freak is right, those are just roman numerals and equal 1, 2, 3 etc.

With respect to is a bit like in regards to. In section 2 he states that he will act as your manager and help you in respect to..., and in respect to..., and in respect to... etc.

 

[J-malice]

LOL come on now i know the roman numerals i was referin the paragraph beside those roman numerals. lol its all good tho thanks for the feedback.

(ii) with respect to the adoption of the proper format for presentation of Artists talents and in the determination of proper style, mood and setting in keeping with Artists talents and best interest;

(iii) with respect to general practices in the entertainment, amusement, music, recordings and literary fields, and with respect to compensation and terms of contracts related thereto.

so can anyone here interpret (ii) - (vii)?

thanks again

 

[1d3nt1tY]

(ii) (iii) (iv) (v) (vi) and (vii) are in context of the (A) portion of services...

In other words, he says "we will do this stuff for you, hitherto witherfore and all the other stupid old english that still spatters today's legal documentation"

ii: means he may or may not give you feedback on your music, but it's a service to you to help you "sell" yourself. The context of ii states that is not a mandatory thing and you would still be able to tell him "no I don't want to wear a bandanna and smoke cigars" etc.

vii: means that he will be the "middleman" for all companies that you come into contact with. If Geffen suddenly wanted some hiphop on their label, and your manager was havin "relations" with the company, he will do the talking for you, hopefully for good cause


I hope this helped, but I'm not sure if it answers what you were askin.


J-Malice - good beats solid style. best of luck to you on your journey through the media hype.

-=[P E A C E]=-

 

[J-malice]

(ii) (iii) (iv) (v) (vi) and (vii) are in context of the (A) portion of services...

In other words, he says "we will do this stuff for you, hitherto witherfore and all the other stupid old english that still spatters today's legal documentation"

ii: means he may or may not give you feedback on your music, but it's a service to you to help you "sell" yourself. The context of ii states that is not a mandatory thing and you would still be able to tell him "no I don't want to wear a bandanna and smoke cigars" etc.

vii: means that he will be the "middleman" for all companies that you come into contact with. If Geffen suddenly wanted some hiphop on their label, and your manager was havin "relations" with the company, he will do the talking for you, hopefully for good cause


I hope this helped, but I'm not sure if it answers what you were askin.

-=[P E A C E]=-

thanx that is exactly is the exact type of explination i was lookin for.

Anyone know the others??

and i think that they use all those old english terms an ish like that just to keep lawyers in business, or it could be so that the contract is as precise as possible either way i dont like it. you usually get the basic idea of what it is sayin but it leaves me thinkin in the back of my head if its really sayin what i think it is...just because of them damn words.

 

[1d3nt1tY]

Contracts and legal documents are all drawn out in "context" meaning that the sentence can flow one way and make it bad, or flow another similar way and make it good...

I am NOT legal council, I just feel like you been waitin for someone to break this shit down to see if you got it right... and I have a file cabinet full of legal documents that I have beaten myself into reading to see wht the shit really says...

I'll give it my best shot:

1. TERM: Manager is hereby engaged as the exclusive persona; manager and advisor to artist for one (1) year (hereinafter the "initial term") from the effective date of this Agreement and shall be renewes for one (1) one (1) year persion automatically unless either party shall given writeen notice of termination to the other not later then thirty (30) days prior to the expiration of the initial term or then current renewal period, as applicable, subject to the terms and conditions in this agreement.

<font color=red>Manager will be your one and only manager for one year, and your contract will auto renew until you give him 30 days notice, but 30 days after the contract is up.... in other words, you have 1 year and 30 days to get rid of em, if you want to</font>

2. SERVICES:
(A) Manager agrees during the term of this Agreement to advise, counsel and assist Artist in connection with all matters relating to Artist's Career in all brances of the music industry, including, without limitation the following:

<font color=red>Manager agrees to advise you on your career and all branches of the music industry, he wants all control... and he will do the following to make it happen:</font>

(i) n decisions concerning Artists professional activities and career in the entertainment, amusement, music, recording and literary fields;

<font color=red>He wants all decisions that have anything to do with your activities, like shows or whatever, you can't just go to a club and rap for em without his permission or setting up of it, you also can't make any videos without him... without breaching the contract.</font>

(ii) with respect to the adoption of the proper format for presentation of Artists talents and in the determination of proper style, mood and setting in keeping with Artists talents and best interest;

<font color=red>He will decide the proper format to present you to the record companies or artists that will sign for your beats, including your style, mood, and setting, your entire persona... (This kind of opens the door for him to tell you to start wearing highwaters, but the context makes it seem like he's doing this for you, so you should be able to say no, but it could become a breach of contract issue if you did. anything can be argued in court...)</font>

(iii) with respect to general practices in the entertainment, amusement, music, recordings and literary fields, and with respect to compensation and terms of contracts related thereto.

<font color=red>he wants control of all things that have to do with entertainment in general, if you write a book, he wants management rights for that too and all money due his percentage</font>

(iv) with respect to such matters pertaining to publicity, promotion, punlic relations and advertising.

<font color=red>Anything related to publicity, shows, poster distribution, setups for radio interviews etc etc</font>

(v) with respect to matters pertaining to such matters as Manger may have knowledge concerning compensation and privilages extended for similar artistic values such as songwriting, merchandise, endorsements erc.

<font color=red>anything that happens, he wants to have control over any new deals you make with companies, including the dollar amount, you can't sidestep and pay him less.... "may have knowledge concerning compensation and privilages extended" this means he wants to know about your money that comes from anything artistic, and by law the contract would hold you to it, so if pepsi gave you a commercial campaign for 70,000, he wants his cut of that too, on top of your beat distribution</font>

(vi) with respect to agreements, documents, and contracts for Artists services, talents, and/or artistic literary and musical materials, or otherwise;

<font color=red>he wants control of all documents and contracts for anything related to your career, if you blow up and get your own stuff rollin, he wants to sign every paper with you as some kind of council man (lawyer, might as well be lol)</font>

(vii) with respect to the selection, supervision and coordination of those persons, firms and corporations who may counsel, advise, procure employment, or otherwise render services to or on behalf or Artist, such as accountants, attourneys, business managers, publicists and talent agents, and

<font color=red>he also wants to be the deciding factor of which company you go with and how they deal with you in any way, including your attorneys or accountants etc... (gettin pretty needy, but it's to be expected right?)</font>

B) manager shall be required only to render reasonable services which are called for by this Agreement as and when reasonably requested by Artist. Manager shall not be required to travel or meet with Artist at any particular place or places, except in Manager's

<font color=red>This only means that he doesn't have to do anything with you at all unless he wants to after you've given him a proper request to do so. You can't have him travel to anywhere when you want, it's his call when and where any travel will take place... I'm pretty sure that's what it means... If I'm wrong, somebody please step in and re-read this to make sure I'm not ahaving some kind of conspiracy theory... I think it's looks like a decent contract, but if you are all about not being changed by the money, this contact could open up the door to limit your creative talent. Always be careful, and see if he can provide you with some positive feedback.

If you remember the rift between N.W.A. started because of their manager bein "crookish"... jus keep that in mind... the context could change with the rest of the document too... hope it helped...</font>

 

[Copenhagen]

In regards to 1d3nt1tY's translation, I have the following notes.
1). You don't have 1 year and 30 days to get rid of him. You have to have him for a year, but you can give written notice of termination 30 days before the year has ended and the contract will stop after a year. If you do NOT terminate the agreement 30 days before, then the contract will be renewed and you are forced to stick with him for another year.
2). I wouldn't make section 2 out to be as bad as it seems. However, I would put it more clearly that he is there to assist you in selling beats, and nothing more. The remaning services that he perform should be on your request and your request only, so that he cannot force you.
3). It's okay that he get's his percentage of all dough you make via your music, whether it be selling beats, getting a commercial etc, but he shouldn'y handle your legal work. A). He is not a laywer 2). This is where he can trick you.

Just my thoughts (I make contracts at work. They regard other stuff than music but it is still the same legal mumbo jumbo).

 

[1d3nt1tY]

good input, I was hoping someone would affirm or deny what I had wrote lol

the cat just lookin to get some inout :grin: