Legal Question in Entertainment Law in New Jersey
Child's Talent Management
Good morning,
A NJ talent management office recently
offered my 6 yr old daughter a contract
to represent her. They will be sending
my daughter on an audition for a tv
network show opening. The contract
states it would be for 3 years, exclusive
and that we may be held liable for
expenses acquired in representing my
child. My question is, can I make an
ammend to the contract and sign it as
an agreement if my daughter were to
get the job but hold off from exclusivity
until I have researched some options in
representatives otherwise? Or are my
only options sign it or forget it? I
sometimes find modeling and acting
work for my daughter on my own, do I
have to forget that in order to be
represented?
Lastly, if I sign it and later want to part
with the agency before the three years
are up, can I?
Thankyou,
3 Answers from Attorneys
Re: Child's Talent Management
I would strongly recommend you have an entertainment attorney review the contract before you sign it. In my experience, 3 years is a very long exclusivity period, and expenses are typically handled by the agency, not the talent themselves. If the management agency is truly reputable, they should be open to negotiating the terms of this contract to in a mutually-acceptable manner.
Re: Child's Talent Management
A contract is certainly negotiable. You should consult with an attorney to discuss your various questions to make sure that you and the talent agency arrive at a contract that works for both of you. My firm does contract negotiation, feel free to contact us at 732.370.3000.
Re: Child's Talent Management
It's not unusual for a management company to seek a 3-year contract. They want to know that they can reap some reward in investing time and money in their client. Nevertheless, to keep a 3-year agreement in place there should be benchmarks, failing which you're able to terminate the agreement. As to expenses, it is indeed the client's responsibility but the manager usually lays them out and recoups these from gross revenues that are generated by the client's employment. You also need to ensure that you have approval of any expenses such as travel, head shots, wardrobe, etc. There are numerous areas that can and should be negotiated in every first draft management agreement. As a final consideration, your daughter being a minor, her contract may be subject to court approval. In NY, it would be if the manager wanted to avoid the minor's ability to void the agreement at any time up the age of majority. In such case, the minor's income is stringently protected in a segregated account to which the parents have limited access and only for the expenses of the minor. You should, as my colleagues suggest, consult with an experienced entertainment attorney.