Legal Question in Entertainment Law in Tennessee
Entering management agreement in another state
I am an entertainer in Tennessee getting ready to enter a management agreement with a manager in another state (NY) The manager wants the agreement to state ''governed under the laws of the state of NY''. How would this effect my rights in TN. Can an agreement be governed by two states?
2 Answers from Attorneys
Re: Entering management agreement in another state
It is usual that a NY or California based company will insist on their state's laws applying to any contract issues. When I represent talent, I'm usually comfortable with that. If you'd like to know why, you can call or write for a complimentary answer.
Re: Entering management agreement in another state
The choice of law provision, i.e., the clause stating the agreement is governed by the laws of New York, comes into play if there is a disagreement over the performance or content of the contract. In that case, a court -- whether in NY or TN -- would look to appellate case law of NY to resolve the questions in dispute. Obviously, that choice of law provision benefits the NY-resident manager. If I were you, I would have that choice of law provision struck from the contract or specify that it be governed by TN law. There should not be major differences between NY and TN concerning breaches of contract, but who knows for sure without researching individual questions?
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