How a Consumer Hired a Lawyer to Review an Artist Management Agreement in California (2022)

I would begin by looking at your contract first. Usually, there is a termination clause that talks about what happens in the event of a material breach. It may well be that there's conduct such as repeated breaches, prolonged breaches etc that allow for the contract to terminate. Also- look in the dispute resolution section- if you can sue or if you have to arbitrate or follow some procedure. If one side fails to perform, they are in breach- but a breach of contract doesn't automatically terminate it. You can send a letter notifying the other side of the breach, you can tell them you believe the contract should terminate - but they can disagree. And the risk is that you decide that you are not bound by the contract and refuse to perform they can pursue you for breach. Additionally, Florida courts have consistently recognized that a material breach goes to the essence of the contract, allowing the non-breaching party to terminate the agreement. The situation is tricky as both sides can end up stuck litigating what was and what was not "material" and what was terminated when. But if we are looking at whether there is a legal theory that supports rescinding the contract in the event of the other side's unwillingness to perform the answer is yes- Under Florida law, anticipatory repudiation occurs when one party to a contract unequivocally refuses to perform its contractual obligations before the time for performance has arrived. This doctrine is well-established in Florida contract law and allows the non-breaching party to take specific actions in response to the repudiation. However, the non-breaching party must demonstrate that it was ready, willing, and able to perform its obligations under the contract at the time of the breach.

Hello! Congrats on this! You should be excited and cautious at the same time. So there are a few things to consider: 1. You have to be clear about the manager's duties. You have to outline what the manager is going to do, such as booking gigs, securing recording deals, handling publicity and promotion, negotiating contracts, and advising on career decisions. You must also be clear on what you will do, such as fulfilling performance obligations, creating music, etc. 2. It needs a specific duration of the agreement, like 1 to 5 years. Consider starting with a shorter term to assess the manager's performance before committing for a longer period. You should also have a provision regarding termination of the agreement, such as if the manager doesn't do their job. 3. You need compensation information. Usually, it's something like the manager gets 10 to 20% of whatever the value of it is you book every month. 4. Specify whether the manager will be the artist's exclusive representative for all professional activities or whether the artist can engage other managers or agents for specific purposes and also include who owns the intellectual property. Best of luck to you on this!