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How can I properly write a termination to an Artist/Management Agreement?

North Hollywood, CA |

I signed this agreement earlier this year for my daughter, but it seems that there is some question about the reliability of the Manager. This Manager used to coach my daughter in a sporting environment, but we changed coaches and location. We have only received 2 audition notices since changing sporting venues 6 months ago. I feel that the Manager is neglecting us because of this change, so I would like to find another Manager.

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Attorney answers 7

Best Answer
Posted

The talent management itself shoud spell out how you can terminate it. Sometimes there are minimum time periods for the duration of the agreement and continuing obligations post-termination, sometimes it's just necessary to give the proper notice before the termination takes effect.

See a lawyer to have your particular agreement reviewed. and to discuss the details of your individual situation.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

Posted

You should consult with an attorney before having any further discussions or correspondence with the agent. It is possible that better documentation can be obtained as to the agent's breach of contract.

Posted

As both my colleagues have stated, the management agreement that your daughter signed would dictate the terms of if an and when you can terminate. There may be other factors such as breach or a minor party to a contract that would be factors. Consult with an entertainment attorney.

Posted

YOU SHOULD HIRE A LOCAL LAWYER EXPERIENCED WITH THESE ISSUES SO THEY ARE DONE RIGHT. IN NORTHERN CALIFORNIA THERE IS THE LAWYERS FOR THE ARTS. I AM NOT SURE IF THERE IS SOMETHING SIMILAR IN YOUR AREA. GOOD LUCK.

Bruce E. Burdick

Bruce E. Burdick

Posted

You should not type in ALL CAPS.

Kevin Samuel Sullivan

Kevin Samuel Sullivan

Posted

it was done by accident but what a total useless comment.

Posted

California regulates the activities of "talent agents" and the contract terms that apply to contracts entered into with talent agents. Moreover, California law requires that a parent acquire a license before their minor child can lawfully perform work for a fee. See the links below and then visit with an entertainment attorney licensed to practice in California.

The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.

Pamela Koslyn

Pamela Koslyn

Posted

Parents aren't the ones that need licenses, it's the talent agent that needs the license to procure work for anyone, minor or not.

Daniel Nathan Ballard

Daniel Nathan Ballard

Posted

I disagree. See my second link above. To quote: "Minors aged 15 days to 18 years employed in the entertainment industry must have a permit to work, and employers must have a permit to employ, both permits being issued by the Division of Labor Standards Enforcement. These permits are also required for minors making phonographic recordings or who are employed as advertising or photographic models. Permits are required even when the entertainment is noncommercial in nature. There is no fee to obtain an entertainment work permit. The permit can be obtained by the new on-line application process, by mail or in person. If you are a parent or guardian who wishes to apply for an Entertainment Work Permit for a Minor on-line, click on the Permits link above."

Pamela Koslyn

Pamela Koslyn

Posted

Ok, but that's the minor, not the parent. Or maybe the parent acting for the minor.

Bruce E. Burdick

Bruce E. Burdick

Posted

CA is not my state, but the LDSE regulatory scheme there seems to require TWO permits, one for the minor to work in entertainment and one for the talent agent to represent entertainers (whether minors or adults).

Daniel Nathan Ballard

Daniel Nathan Ballard

Posted

AND one for the employer to permit it to employ the minor. Welcome to big government.

Posted

If you have to ask, you can't. You have no business writing a contract termination letter if you are not a lawyer, an experienced talent agent, or both. Termination letters need to be done right to be effective and avoid complications, chief among which might be litigtation if the Agreement provides for a minimum term, mediation, arbitration, or some other ADR process. Also, as noted by CA attorneys in their responses, there are permits needed and whether they were obtained will have a bearing on legal exposure. You know you need a lawyer, that is why you are asking, right? If you want a recommendation, Attorney Koslyn is the one to call on this. This is right in her area ( a pun).

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

Posted

The agreement should provide the means by which it can be terminated. Often, these agreements provide termination cannot be done unilaterally for a certain period time or that a certain amount of notice is required before termination will take effect.
If the contract does not provide clear guidance, then you should be able to terminate it through written notice. However, regardless of the contract terms, you may be able to reach an accommodation with the manager. If this relationship is not working, the manager may agree to mutual rescission and termination of the agreement as no one benefits under the circumstances you are describing and it may be in both parties interest to part ways.

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